117-Jonathan Logan, Inc.
CLEVELAND & MIZE
ATTORNEYS AT LAW
PI CO BUILDING
P.O. DRAWER Z
SANFORD. FLORIDA
AGREEMENT
THIS AGREEMENT" made and entered into on the day and
year hereinafter specified by and between JONA THAN LOGAN, INC." a
ii Delaware corporation" with offices at 1411 Broadway, New York" New York,
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hereinafter referred to as "First Party"" and CITY OF SANFORD,
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II FLORIDA" a Municipal corporation, hereinafter referred to as "Second
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i Party"
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WI TNE SSE TH:
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WHEREAS" First Party is the owner of that certain business
known as Butte Knitting Mills, Sanford, Seminole County" Florida.. and
WHEREAS.. a controversy has arisen between the parties
since the construction by First Party of certain utilities involving water
lines, water main and a fire hydrant involving said business under U. S.
Highway 17-92, with the consent of Second Party, and
WHEREAS, it became the position of First Party that
Second Party should pay unto First Party an amount of money as consid-
eration for First Party undertaking to convey the water line, fire hydrant
and other fixtures connected therewith to Second Party to become a part
of the utility system of Second Party and further to grant unto Second
Party a utility easement to enable Second Party to maintain said system;,
and
WHEREAS;, Second Party has agreed to accept conveyance of
the system and to assume the responsibility for maintenance of said system
upon the terms and conditions hereinafter set forth;, and
WHEREAS" the parties have agreed that Second Party should
pay unto First Party the sum of Two Thousand Seven Hundred ($2" 700. 00)
Dollars, which said amount has been tendered to First Party for the
performance of this Agreement.
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CLEVELAND & MIZE
ATTORNEYS AT LAW
PI CO BUILDING
P.O. DRAWER Z
SANFORD, FLORIDA
NOW THEREFORE" the parties hereto" in consideration of the
payment of the sum of $2" 700. 00 by Second Party to First Party" receipt of
which is hereby acknowledged" and in further consideration of the covenants
hereinafter set forth.. agree as follows:
1. First Party agrees" and by this Agreement.. does hereby
convey all water lines" appurtenances and fixtures relative to said water line
to Second Party lying between the Easterly right-of-way line and the Westerly
right-of-way line of U. S. Highway 17 -92", in the City of Sanford" Florida.
the terminal of said line being located on the property of the business known
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II as Butte Kuittiug Mills, Sanford, Florida, said water line is more specifical-
Ii ly set forth in that certain document entitled Fire Hydrant Access Easement
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I prepared by V. K. Smith" Registered Land Surveyor" which is attached
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hereto and made a part hereof.
2. First Party agrees" and by this Agreement" does hereby
convey that certain fire hydrant to Second Party" which said fire hydrant
is situated on the property of the business known as Butte Knitting Mills"
Sanford" Florida", and is more specifically set forth in that certain document
entitled Fire Hydrant Access Easement prepared by V. K. Smith", Registered
Land Surveyor" which is attached hereto and made a part hereof.
3. First Party agrees", and by this Agreement.. does hereby
convey unto Second Party a utility easement for all future and reasonable
maintenance as may be necessary by Second Party to maintain the utilities
specified herein and as set forth in that certain document entitled Fire
Hydrant Access Easement prepared by V. K. Smith", Registered Land
Surveyor.. which is attached hereto and made a part hereof.
4. The parties specifically agree that all future maintenance
of the utility system described herein shall be the responsibility of Second
Party and First Party shall be released from any further fire hydrant
rental. The parties further agree that First Party shall be allowed to
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CLEVELAND & MIZE
ATTORNEYS AT LAW
PICO BUILDING
P.O. DRAWER Z
SANFORD, FLORIDA
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i maintain an eight inch on-site water line for use in connection with the
possible installation of a sprinkling system on the business known as Butte
Knitting Mills for fire protection purposes.
5. The parties hereto" by the execution of this Agreement..
specifically relieve and release each other from any past and future liability
I resulting from the controversy between the parties relative to the utility
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system specified herein.. and First Party accepts the sum of $2" 700. 00 as
full settlement of any money due and owing to First Party by Second Party
for purchase of said utility system and conveyance of the easement described
herein.
6.
The parties specifically agree that each party shall be
responsible for the payment of its respective attorney fees in negotiating
the terms of this Agreement and any costs incurred by either party.
IN WITNESS WHEREOF.. First Party has caused these
presents to be signed in its name this I q f( day of ,~~;Q I L
.. 1976.
sealed and delivered in
ence of: .~
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JONAJRAN LrA~, Il"C.
BY . '1\ j, J . , : '/ "
., . . v ./1/ '4'---' " ""\./(,1'\..v'-"--/
AT~:ST: A~
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IN WITNESS WHEREOF.. Second Party has caused these
presents to be signed in its name thi~ ~ay of
Signed.. sealed and delivered in
the presence of:
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C ., L J(.~,",>-- ~.,>j..f,... 0
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CLEVELAND & MilE
ATTORNEYS AT LAW
PI CO BUILDING
P.O. DRAWER Z
SANFORD, FLORIDA
STATE OF New York
COUNTY OF New York
I HEREBY CERTIFY that on this 19th day of April
1976.. before me personall appeared Richard J. Schwa.rt:::
and Iran Cagan .. President and Asst. Secty.
respectively of Jonathan Logan" Inc." a corporation under the laws of the
State of Delaware" to me known to be the persons described in and who
executed the foregoing Agreement and severally acknowledged the execution
thereof to be their free act and deed as such officers.. for the uses and
purposes therein mentioned; and that they affixed thereto the official seal of
said corporation" and the said instrument is the act and deed of said
corporation.
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I WITNESS my signature and official seal
in the County of (V',;:W '1<J~ '" and State of
III' the day and year last aforesaid.
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at IIfH &R.1I\l3.....+-j
rJ GW i of..L..
&,.-L-.. 1~.1~
Notary Public
3.3:.--17
My Commission Expires:
CHARLES MARTIN TEITEL!.:
~O'ARY. PUiUC, STATE Of NEW YORK
No. 41-4616110
Qualitltd in Queoms County
Commission Expires March 30, 19...z.z..
O;:rt(Il'tt?O II,) ,J'1. ~..; ~
STA TE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this :t.~rt. day of -A-Pi? / L
1976.. before me personalJyappeared Lee P. Moore and H. N. Tamm.. Jr."
Mayor and City Clerk respectively of City of Sanford.. Florida.. a municipal
corporation" to me known to be the persons described in and who executed
the foregoing Agreement and severally acknowledged the execution thereof
to be their free act and deed as such officers, for the uses and purposes
therein mentioned; and that they affixed thereto the official seal of said
municipal corporation" and the said instrument is the act and deed of said
corporation.
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WITNESS my signature and official seal at Sanford", in the
County of Seminole and State of Florida", the day and year last aforesaid.
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L.-, L'"1..-~'\-
Notary Public
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My Commission Expires: (1/)/'/7
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DESCRIPTION FOR CITY OF S.~NFGRD
FIRE HYDRANT ACCESS EgSEMENT:
From the SE corner of the NEt of the SEt of
Section 11, Township 2) South, Range 30 East,
thence run West 124f .J6 feeta thence run North
543 . 18 feet, the n c e run N. G 4 3) I i\. 12 ~ j.j fee t
to the Westerly right-of-way line of U.S. Highway
17-92 (State Road 15-600), thence run N.250-30'E.
1127.36 feet for a POINT OF BEGINN1~G,
thence run N.64030'W. 20 feet, thence
run N.25030'E. 30 feet, thence run
S.64030IE. 20 feet, thence run S.2503)'~. 30 feet
to the POINT OF BEGINNING.
PREP6.RED BY:
K. SMITH, REG. L.ND SUPVE*OR Ne. 1653
1807 French,ve., Sanford, Florida
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