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Book 9182 Page 710 <br />Instrument# 2018087497 <br />4. REPRESENTATION OF THE PARTIES. The City and Developer hereby <br />each represent and warrant to the other that it has the power and authority to execute, <br />deliver and perform the terms and provisions of this Agreement and has taken all <br />necessary action to authorize the execution, delivery and performance of this <br />Agreement.. This Agreement will, when duly executed and delivered by the City and <br />Developer and recorded in the Public Records of Seminole County, Florida, constitute a <br />legal, valid ;and binding obligation enforceable against the parties hereto and the <br />Property in accordance with the terns and conditions of this Agreement. Developer <br />represents that it has voluntarilyand will fully executed this Agreement for purposes of <br />binding the Property to the terms and conditions set forth in this Agreement. <br />5. AMENDMENT. This Agreement may be amended or terminated only by a <br />written instrument executed by the parties hereto or by their respective successors in <br />interest or assigns, and approved by the City Commission after public hearing. <br />a. RECORDING. This Agreement shall be recorded by the City, at <br />Developer's expense, among the Public Records of Seminole County, Florida. The <br />recordation of this Agreement shall not constitute or impose any lien or encumbrance <br />upon the title in the Property and shall instead only constitute record notice of <br />governmental regulations which govern the development and use of the Property. <br />7. SEVERABILITY. If any provisions of this Agreement are held to be illegal <br />or invalid, the remaining provisions of this Agreement shall remain in full force and <br />effect. <br />8. SUCCESSORS AND ASSIGNS. This Agreement and the terms and <br />conditions hereof shall be binding upon and inure to the benefit of the City and <br />Developer and their respective successors in interest and assigns and shall be binding <br />upon the Property and shall run with the title to the Property. <br />9. COMPLIANCE. The Developer agrees that it, and its successors and <br />assigns, will abide by the provisions of this Agreement, the City's Comprehensive Plan, <br />and the City's Code, as amended from time to time. Further, all required improvements <br />stated herein on Developer's Property including landscaping, shall be continuously <br />maintained by the Developer, or its successors and assigns, in accordance with the <br />City's Land Development Code. <br />10. NOTICES. Where notice is required to be given, it shall be by certified <br />mail return receipt requested, addressee only, hand delivery or courier. Said notice <br />shall be sent to the following as applicable: <br />DEVELOPER: Nieuport Partners 11, LLC <br />Attn: Franklin Ramseur, Manager <br />172 West Warren Avenue <br />Page 4 <br />