1225-Northlake Village Community Assnlaa5
MEMORANDUM OF AGREEMENT
CITY OF SANFORD
AND
NORTHLAKE VILLAGE COMMUNITY ASSOCIATION, INC.
nd
THIS AGREEMENT made and entered into the day of 3Une
2008 by and between the:
City of Sanford, Florida
300 North Park Avenue
Sanford, Florida 32771
a municipal corporation of the State of Florida, holding tax exempt status, hereinafter
referred to as the "City," and:
NORTHLAKE VILLAGE COMMUNITY ASSOCIATION, INC.
225 S. WESTMONTE DRIVE, SUITE 3310
ALTAMONTE SPRINGS, FL 32714
a corporation, authorized to do business in the State of Florida, hereinafter referred to as
the "Association ". The City and the Association are collectively referred to herein as the
"parties ".
WI TNESSETH:
WHEREAS, upon the request of the Association, the City has agreed to consider
the improvement of the 17 -92 corridor and its intersection with the Lake Minnie Entrance;
and
WHEREAS, the attached Exhibit A clearly depicts a condition of concern germane to
the medians within Lake Minnie Drive; and
WHEREAS, the City shall clean the medians of existing landscaping, shrubs and
debris in contemplation of restoration of the medians where shown; and
WHEREAS, the City desires to ensure that if it engages in the restoration project
and expends funds directed to accomplish such restoration, that the Association will
thereafter in perpetuity maintain the shrubs, flowers, foliage and landscaping within the
medians as shown.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
SECTION 1: RECITALS.
The above recitals are true and correct and form a material part of the Agreement upon
which the parties have relied.
SECTION 2: CLEARANCE BY CITIES.
The City shall clear the medians for restoration and perform repairs to the existing
irrigation system as shall be necessary to maintain the new and substitute landscaping in a
husbandlike manner.
SECTION 3: COSTS OF RESTORATION.
The City shall defray all costs related to the scarification and restoration of
landscaping with the medians and repair at its expense such irrigation as shall be
necessary to maintain the new and substitute stand of landscaping.
SECTION 4: ASSOCIATION RESPONSIBILITIES.
Association shall upon completion of the work envisioned hereunder by the City.
Accept the works of the City upon completion.
2. Assume all responsibility for the maintenance of the new and
substitute stand of landscaping within the medians as shown.
3. Assume all responsibility for the maintenance, cost, and operation of
the irrigation system installed adjunct to the restoration project.
4. Respond to the call of the City in the event the landscaping needs
replacing or the irrigation system needs maintenance and /or line and
fixture replacements.
5. All expense, maintenance and operation of the project within the
medians from the date of acceptance by Northlake Village Community
Association, Inc.
SECTION 5: DEFAULT.
Should Northlake Village Community Association, Inc. fail to maintain the new and
substitute stand of landscaping in a husbandlike fashion for any continuous period of sixty
(60) days, then and in that event, the City shall enter upon the median areas as described
and assume responsibility for the median areas including, but not limited to removal of all
landscaping within the medians and perform necessary maintenance at the sole discretion
of the City.
SECTION 6: AUTHORITY.
The respective signators hereto acknowledge that they have full authority to bind the
Memorandum of Agreement
City of Sanford and Northlake Village Community Association, Inc.
Page No. 2 of 3
respective parties to this Agreement.
SECTION 7: MOFIFICATIONS.
This Memorandum of Agreement shall be modified, supplemented or amended by
written instrument of equal dignity.
SECTION 8: ENTIRE AGREEMENT.
This contains all oral and written agreements and understanding between the
parties.
SECTION 9: RECORDATION.
This Agreement shall not be recorded amongst the Public Records of Seminole
County, Florida.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: the City through its City
Commission taking action on the Q' day of, 3 - Une- , 2008, and the Association
signing by and through its duly authorized corporate officer having the full and complete
authority to execute same.
By:
Authorized or e Officer
ATTEST.
an Dougherty, City ClLyrk
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Date: ✓ /
CITY OF
By:
TION
FORD
Kristi Ada Acting City Majer
Date:
Memorandum of Agreement
City of Sanford and Northlake Village Community Association, Inc.
Page No. 3 of 3