05-1564 Hartman Utility Commit. - Laserfiche WebLink

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D. The Developer shall grant to the City in a form acceptable to the City, a utility and access easement twenty feet (20') in width across the central portion of the Property and along the east property line. 4. Amendment. This Agreement may be amended or terminated only by a written instrument executed by the parties hereto or by their respective successors in interest or assigns, and approved by the City Commission after public hearing, except that because paragraphs 3(C) and 3(D) herein are provided for the benefit of the proposed development and for the benefit of adjoining landowners, these sections may not, therefore, be amended or extinguished. 5. Recordina. This Agreement shall be recorded by the City, at Developer's expense, among the Public Records of Seminole County, Florida. The recordation of this Agreement shall not constttute or impose any lien or encumbrance upon the title in the Property and shall instead only constitute record notice of governmental regulations which govern the development and use of the Property, and shall run with the land. 6. Severability. If any provisions of this Agreement are held to be illegal or invalid, the remaining provisions of this Agreement shall remain in full fore and effect. 7. Successors and Assians. This Agreement and the terms and conditions hereof shall be binding upon and inure to the benefit of the City and Developer and their respective successors in interest and assigns and shall be binding upon the Property and shall run with the title to the Property. 8. Duration. This Utility Commitment Agreement shall be valid for five (5) years, but may be extended another five (5) years by mutual consent of the City and the Developer. 9. Notices. Where notice is required to be given, it shall be by certified mail return receipt requested, addressee only, hand delivery or courier. Said notice shall be sent to the following as applicable: DEVELOPER: John M. Hartman 995 West State Road 434 Winter Springs, Florida 32708 Tony Segreto Public Works Director City of Casselberry 95 Triplet Lake Drive Casselberry, Florida 32707 Should any party identified above change, it shall be said party's obligation to notify the remaining parties of the change in a fashion as is required for notices herein. CITY'S REPRESENTATIVE: 10. Bindina Effect. This Agreement shall run with the land, shall be binding upon and inure to the benefit of the Developer and its assigns and successors in interest, and the City and its assigns and successors in interest. The Developer agrees to pay the cost of recording this document in the Public Records 3