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1141-Cedar Creek Condo ReleaseRELEASE RELATING TO CEDAR CREEK CONDOMINIUM THIS RELEASE is between David P. Lanier, Jr., Darla M. Lanier, James A. Barks, Lelia S. Barks, Harry G. Reid, III, and Susan M. Reid, hereinafter, collectively, the ( "property owner "), whose mailing address is 1120 West First Street, Sanford, Florida 32771, the property owner of the real property, personal property and mixed property located at the same address in A Sanford, Florida /Seminole County Property Appraiser Tax Parcel Identification Numbers 25 -19- 30 -516- 0000 -00A0, 25 -19 -30 -516- 0000 -00130, 25 -19 -30 -516- 0000 -OOCO (as well as all common areas relating thereto) (hereinafter the "property "), and the City of Sanford, a Florida municipality, whose address is 300 North Park Avenue, Sanford, Florida 32771. KNOW ALL MEN BY THESE PRESENTS: The signatory hereof, the property owner of the above referenced property, in consideration of the City of Sanford accomplishing utility work through the services of Lee's Excavating, Inc., of a value of at least the sum of THIRTY -ONE THOUSAND SEVEN HUNDRED AND TWENTY -SIX AND NO /100THS DOLLARS ($31,726.00), and other good and valuable consideration received from the City of Sanford, the receipt and sufficiency of which is hereby acknowledged, and, in order to resolve any and all issues relating to damages allegedly caused by the City of Sanford at the above - referenced address relating to flooding and sewerage system backups, and to any property or individual associated in any way with the said property, hereby remises, releases, acquits, holds harmless and forever discharges the City of Sanford from and against any and all and manners of action and actions, causes, causes of action, Page 1 of 7 suits, debts, sums of money, reckonings, controversies, agreements, promises, damages, costs, losses, injuries, obligations, losses of services, expenses, compensation, claims and demands whatsoever, in law or in equity, which the property owners or any of the above referenced potentially related parties now has, may have, or ever has had, or which the said property owner and any individual relating in any way to the property owner can ever, shall ever or may ever have against the City of Sanford for all issues, causes, claims, counterclaims, administrative claims, set -offs, and allegations which have been raised, could have been or can be raised at any time relative to any and all damages allegedly caused by the City of Sanford pertaining to the above - referenced address relating to flooding or sewerage backup at 1120 WEST FIRST STREET, SANFORD, FL 32771, up to the date of execution of this Release by all parties hereto. The property owner hereby grants to the City of Sanford and Lee's Excavating, Inc., the right to enter on, upon, over and in the property to conduct utility work as discussed by and between the property owner and Lee's Excavating, Inc., as generally summarized in the attached Submission, dated February 23, 2006. Upon satisfactory completion of the utility work and improvements by Lee's Excavating, Inc., and full payment by the City of Sanford for such utility work determined by Lee's Excavating, Inc., the City of Sanford shall have no further obligations relating to the work and the matters at issue up to the date that this document is executed. The only actions or inactions of the City of Sanford that are not covered by this instrument are future actions and inactions of the City of Sanford that may occur and be subject to a claim against the City of Sanford under and pursuant to the provisions of Section 768.28, Florida Statutes, and the eminent domain laws of the United States of America and the State of Florida none of which have been implicated up through the date of the execution of this instrument. Page 2 of 7 The undersigned persons represent that they have full power and authority to execute this document and to bind the property owners, its members, its representatives, and any and all other persons and entities associated in any way with the property owner either formally or informally and hereby covenant and agree that the City of Sanford has not accepted or admitted liability, in any form or nature, relative to the matters set forth herein. The use of the phrase "City of Sanford" herein includes, but is not limited to, the officers, officials, employees, agents and contractors of the City of Sanford. IN WITNESS WHEREOF, the property owner has caused these presents to be executed in manner and form sufficient to bind the property owner. WITNESSES AS TO ALL SIGNATORIES: Printed Name: i L Printed Name: 6 f �, Printed Name: P4(/4f� G�?[iv► Printed Name:/// " J,, (T M C a, t Z- Printed Name• r +" PROPERTY OWNER: David P. Lanier, Jr. Darla M. Lanier Jam A. Barks Page 3 of 7 P rated Name• 1� f'vl Pilifted Nam Printed me• r �1 ri ted Name: � � e" "4 - . Reid, III Printed Na e:✓ usan M Reid Prin ed Name: Page 4 of 7 ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF SEMINOLE SWORN TO AND SUBSCRIBED before me this --- day of P rltb �P,-, 2006, by David P. Lanier, Jr., to me personally known to be the person who executed this document. Signature of Notary Public GABRIELE CRADDOCK Notary Public, State of Florida My Comm. exp. Dec. 1, 2007 Comm. No. DD 265712 STATE OF FLORIDA COUNTY OF SEMINOLE Aj J"iLIIL L"I". pmv&�- Print, Type, or Stamp Commissioned Name of Notary Public ACKNOWLEDGMENT SWORN TO AND SUBSCRIBED before me this 1 �a2 day of 2006, by Darla M. Lanier, to me personally known to be the person who executed this document. Signature of Notary Public GABRIELE CRADDOCK Notary Public, State of Florida My comet. exp. Dec. 1, 2007 Comm. No. DD 265712 Print, Type, or Stamp Commissioned Name of Notary Public Page 5 of 7 ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF SEMINOLE SWORN TO AND SUBSCRIBED before me this 'l day of D 2006, by James A. Barks, to me personally known to be the person who executed this document. Signature of Notary Public ��r Notary Public State of Florida Victoria A McCormack My Commission DD429438 or n Expires 07115/2009 Print, Type, or Stamp Commissioned Name of Notary Public ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF SEMINOLE SWORN TO AND SUBSCRIBED before me this � day 2006, by Lelia S. Barks, to me personally known to be the person who executed this document. Signature of Notary Public rt+�y Joyce S. Thompson • MY Commission DD220210 ' , t, 14, 2007 n ype, or tamp C mmissioned amt of Notary Public Page 6 of 7 ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF SEMINOLE SWORN TO AND SUBSCRIBED before me this day ofD� 2006, by Harry G. Reid, III, to me personally known to be the person who executed this document. Signature of Notary Public F f .- xl �� BARBARA JUNE MENKE kv MY COMMISSION # DD 233610 Print, Type, or Stainp Commissioned 'leor i o* EXPIRES: July 20 2007 Name of Notary Public 1- 806 3-NOTARY FL Notary Discount Assoc. Co. ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF SEMINOLE SWORN TO AND SUBSCRIBED before me this g day o ,& , 2006, by Susan M. Reid, to me personally known to be the person who executed this document. Signature of Notary Public BARBARA JUNE MENKE X.2 ,� MY COMMISSION # DD 233610 Pr' , pe, or S Comm ommissioned oFS` EXPIRES: July 20 2007 Assoc Co. Name of Notary Public 1 -SM3- NOTARY FL Notary Discount . Page 7 of 7