1204-Downspout AgrmtDOWNSPOUT
AUTHORIZATION AND RELEASE AGREEMENT
THIS AGREEMENT AND RELEASE is entered between
G. Andrew Speer, (hereinafter the "Property Owner "), whose mailing address is 91
Crescent Boulevard, Sanford, Florida 32771, the owner of property located along First
Street in the City of Sanford, Florida, described by the property address and current use as
follows:
111 East First Street — Tuned Up Music
113 East First Street — Exclusive Cuts Beauty Salon
115 East First Street — Colonial Room Restaurant
(hereinafter the "Properties "), and the City of Sanford, a Florida municipality, whose
address is 300 North Park Avenue, Sanford, Florida 32771, (hereinafter the "City ")
1. I warrant that I am the fee simple owner of the "Properties" as identified, and
that I have full power to enter into this Agreement and execute this document.
2. 1 understand that the "City ", through its Community Redevelopment Agency
(hereinafter the "CRA "), is desiring to provide for vertical downspouts to assist with the
proper draining of rainwater into the storm water drainage system of the "City" adjacent to
each of the buildings located on the "Properties" which are a part of the First Street
Streetscape Project.
3. 1 consent to the entry of the "City" upon my "Properties" to proceed with the
installation of a new downspout on each of the buildings located on the "Properties ".
4. 1 understand the downspout installation shall conform to the Burke, Hogue
and Mills Associates, Inc. report dated April 5, 2006, a copy of which has been provided to
me as "Property Owner" for information and overview.
5. 1 understand the entire cost of this project will be funded and paid for by the
"CRA" of the City of Sanford, Florida.
6. 1 understand the installation project will not disrupt day -to -day business
activity in and about the "Properties "; that I will be given notice of the time for
commencements and completion of the work envisioned to be performed by "City" in this
Agreement.
7. 1 further agree and acknowledge that upon the "City's" installation of the
downspout on the "Properties" as contemplated by the Burke, Hogue and Mills Associates,
Inc. report dated April 5, 2006, that the "City" will have performed all installation services
required in this Agreement and that all maintenance of the downspouts after installation
shall be the responsibility of the "Property Owner ".
8. In consideration and in exchange for the downspout installations and for other
good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, I, by signing this Release Agreement, on behalf of myself, my heirs,
administrators, executors and assigns, release, hold harmless and forever discharge the
"City" and its employees, agents, representatives, and officers from and against any and all
manner of action and actions, causes of action whatsoever, in law or in equity, which I may
have against the "City" and the "CRA" arising from the downspout installation services
provided by the "City" and the "CRA" specifically at the property addresses 111, 113, and
115 East First Street, Sanford, Florida 32771 and none other.
9. This Downspout Authorization and Release Agreement will be governed by
and construed and enforced in accordance with the laws of the State of Florida.
10. If any provision(s) of this Downspout Authorization and Release Agreement
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are declared unenforceable by a court of competent jurisdiction, then such provision(s) will
be deemed to be removed from the Downspout Authorization and Release Agreement and
the remaining provision(s) will be unaffected and remain valid and binding upon both
parties.
UNDERSTOOD, ACCEPTED AND AGREED:
Witnesses
� 1
Signature
Property Owner
,-�i lJl�l1�il�Ul
Signature
Donna M. Schuiteman
P rinted Name
Signature
Q :7. - 7; e 1
Printed Name
G. Andrew Speer
Printed Name
_/
Date
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this : day of January,
2008, by G. Andrew Speer, who is personally known to me, _
arsseleri#i.
(Notary Seal)
U
fficial Notary Signature
Donna M. Schuiteman
Donna M. Schuiteman Printed Name
Commission # DD426370
' Expires August 8, 2009
/�j OendMO Fain- InSurPM Inc. 8003851019
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Attest:
J et R. Dougherty, Ci lerk
Approved as to form and legality:
City of Sanford, Florida
Linda Ku O, Mayor
/y/ rx" �w
Kenneth W. McIntosh, Assistant City Attorney
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