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119-Chase & Company AGREEMENT THIS AGREEMENT entered into by and between CHASE & COM- PANY, a Florida corporation, hereinafter referred to as "First Party", and the CITY OF SANFORD, FLORIDA, a municipal corporation, hereinafter referred to as "Second Party", WITNESSETH: WHEREAS, First Par~y is the owner of the following described property situated in the City of Sanford, Seminole County, Florida, Lots 6, 7, 8 and 9, Block 4, Tier 5, Town of Sanford, Section 9,5, Township 19 South, Range 30 East. WHEREAS, First Party has offered the above described property for use by Second Party as a public park with the understanding that such use will cease upon notification from First Party that First Party no longer desires for Second Party to have use of said property; and WHEREAS, the parties desire to specify and acknowledge the respective rights and duties of each other; NOW, THEREFORE, the parties hereto agree as follows: 1. First Party will proceed upon the signing of this Agreement to level the above described property, to plant grass over the entire area of said property, and to install a sprinkler system which will be adequate to water the grass. 2. Second Party a~rees to assume the maintenance of the above described property upon the installation of the sprinkler system and the planting of the grass; and Second Party further agrees to maintain the area, the grass and sprinkler system for use by the public as a park. The parties specifically agree that Second Party shall be responsible for all expenses involved in the maintenance of said park and that First Party shall be responsible for all of the expenses involved in leveling the property, CLEVELAND & MIZE · SANFORD, FLORIDA planting the grass and installing the sprinkler system. The parties further agree that First Party shall not plant any ornamental shrubs, bushes or trees on the property without the specific approval of Second Party. 3. Upon First Party notifying Second Party that First Party no longer desires for Second Party to use the proper~y as a public park, Second Party shall knmediately cease the use of said property and allow First Party to assume possession. Second Party acknowledges that the use and occu- pancy of the property can in no manner create any prescriptive or adverse rights on behalf of Second Party or the public in and to the above described prop e rty. IN WITNESS WHEREOF, this instrument has been executed in the name of the respective parties on the dates hereinafter specified. Dated this ~ day of 2~/~ _/, 1976. FORD,Signed, sealed and deliveredCFLORIDA in the presence of: Mayor Dated this 281h day of May , 1976. Signed, sealed and delivered CHASE '& C0~-~IPANY in the presence of: Chai~m~ iDr-' 't~e i~d Attest CLEVELAND & MIZE -2- SANFORD~ FLORIDA STATE OF FLORIDA ) ) COUNTY OF SEMiNOLE ) I HEREBY CERTIFY that on this .~ ~ y of , 1976, before me personally appeared Lee P. Moore and H. N. Tamn, Jr., Mayor and Clerk, respectively, of City of Sanford, Florida, a municipal corpora- tion, 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 thefeb mentioned; and that they affixed thereto the official seal of the said City of Sanford, Florida, and the sa~d instrument is the act and deed of the City of Sanford, Florida. WITNESS my hand and official seal at Sanford, said County and State, the day and year last aforesaid. Notary Public - State of Florida My Commission Expires: STATE OF FLORIDA ) ) COUNTY OF SEMINOLE ) I HEREBY CERTIFY that on this ~_~-~f~day of ,~ , 1976, before me personally appeared <I/. ~V i~/. and of Chase & Company, a Florida 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 ~hat they affkxed thereto the official seal of the said Chase & Company, and the said instru- ment is the act and deed of Chase & Company. WITNESS my hand and official seal at Sanford, said County and CLEVELAND & MIZE State, the day and year last aforesaid. ' -_Star of Flor[da~ ,~,~. A~ ~,w Notary ~ ~ ' SANdeD, FLORID~ My C omm is s [on~xp [~"e s