THIS ASSIGNMENT OF SERVICE AGREEMENT FOR LIGHTING … · brO Cu-evas By kantt, Cotam___ 6)iiii\ CA...

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---THE SPACE ABOVE THIS LINE IS FOR RECORDING INFORMATION-- ASSIGNMENT OF SERVICE AGREEMENT FOR LIGHTING SERVICE THIS ASSIGNMENT OF SERVICE AGREEMENT FOR LIGHTING SERVICE ("Assignment") is made and entered into as of the 50 44 ' - day of , 2018 ("Transfer Date"), by Ravinia at East Park Homeowners' Association, Inc., Florida not-for- profit corporation, (the "Assignor") whose address is 1631 East Vine Street, Suite 300, Kissimmee, Florida 34744, and East Park Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, (the "Assignee') whose address is 313 Campus Street, Celebration, Florida 34747. WITNESSETH: A. Assignor and Orlando Utilities Commission, a municipal utility chartered under the laws of the State of Florida ("OUC"), entered into those certain Service Agreement for Lighting Service dated February 26, 2013, and May 30, 2014. B. Assignor desires to assign its interests, rights, duties and obligations in and to the Agreement as of the Transfer Date, and Assignee desires to accept the assignment of Assignor's interests, rights, duties and obligations as of the Transfer Date. NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. As of the Transfer Date, Assignor hereby assigns and transfers unto Assignee all of its right, title, claim, interests, duties and obligations, if any, in, to and under the Agreement. 2. As of the Transfer Date, Assignee hereby assumes the foregoing assignment of the Agreement and agrees to assume and perform all duties and obligations under the Agreement. 3. In the event of any litigation between Assignor and Assignee arising out of the obligations of the parties under this Assignment or concerning the meaning or interpretation of any provision contained herein, the losing party shall pay the prevailing party's costs and expenses of such litigation, including, without limitation, reasonable attorneys' fees and expenses. In addition to the foregoing award of attorney's fees to the prevailing party, the prevailing party in any lawsuit arising out of or concerning this Assignment shall be entitled to

Transcript of THIS ASSIGNMENT OF SERVICE AGREEMENT FOR LIGHTING … · brO Cu-evas By kantt, Cotam___ 6)iiii\ CA...

Page 1: THIS ASSIGNMENT OF SERVICE AGREEMENT FOR LIGHTING … · brO Cu-evas By kantt, Cotam___ 6)iiii\ CA PcNr/Oto Print Name Date:)(it iy 2, 2-019 STATE OF 1) t31A . COUNTY OF Yid TThe

---THE SPACE ABOVE THIS LINE IS FOR RECORDING INFORMATION--

ASSIGNMENT OF SERVICE AGREEMENT FOR LIGHTING SERVICE

THIS ASSIGNMENT OF SERVICE AGREEMENT FOR LIGHTING SERVICE

("Assignment") is made and entered into as of the 5044'-day of , 2018 ("Transfer Date"), by Ravinia at East Park Homeowners' Association, Inc., Florida not-for-profit corporation, (the "Assignor") whose address is 1631 East Vine Street, Suite 300, Kissimmee, Florida 34744, and East Park Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, (the "Assignee') whose address is 313 Campus Street, Celebration, Florida 34747.

WITNESSETH:

A. Assignor and Orlando Utilities Commission, a municipal utility chartered under the laws of the State of Florida ("OUC"), entered into those certain Service Agreement for Lighting Service dated February 26, 2013, and May 30, 2014.

B. Assignor desires to assign its interests, rights, duties and obligations in and to the Agreement as of the Transfer Date, and Assignee desires to accept the assignment of Assignor's interests, rights, duties and obligations as of the Transfer Date.

NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

1. As of the Transfer Date, Assignor hereby assigns and transfers unto Assignee all of its right, title, claim, interests, duties and obligations, if any, in, to and under the Agreement.

2. As of the Transfer Date, Assignee hereby assumes the foregoing assignment of the Agreement and agrees to assume and perform all duties and obligations under the Agreement.

3. In the event of any litigation between Assignor and Assignee arising out of the obligations of the parties under this Assignment or concerning the meaning or interpretation of any provision contained herein, the losing party shall pay the prevailing party's costs and expenses of such litigation, including, without limitation, reasonable attorneys' fees and expenses. In addition to the foregoing award of attorney's fees to the prevailing party, the prevailing party in any lawsuit arising out of or concerning this Assignment shall be entitled to

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its reasonable attorneys' fees incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Assignment into anyjudgment on this Assignment.

4. This Assignment shall be binding on and inure to the benefit of the parties herein, their successors and assigns.

5. This Assignment shall be governed by and construed in accordance with the laws of the State of Florida.

6. This Assignment may be executed in any number of counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same Assignment.

7. Assignor and Assignee agree to cooperate with each other in regard to notifying governmental agencies and executing any additional documentation requested by said governmental agencies to register and establish the rights and obligations of the Assignee or its designee(s).

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.

SIGNATURE PAGES TO FOLLOW.]

Page 3: THIS ASSIGNMENT OF SERVICE AGREEMENT FOR LIGHTING … · brO Cu-evas By kantt, Cotam___ 6)iiii\ CA PcNr/Oto Print Name Date:)(it iy 2, 2-019 STATE OF 1) t31A . COUNTY OF Yid TThe

Witness ) Title:

Signed, sealed and delivered in the

presence of:

THIS ASSIGNMENT has been executed the day and year set forth above.

"ASSIGNOR"

Ravinia at East Park Homeowners' Association, Inc.

brO Cu-evas By kantt, Cotam___

6)iiii\ CA PcNr/Oto Print Name

Date: )(it iy 2, 2-019

STATE OF 1) t.31A

COUNTY OF

Yid The foregoing instrument was. acknowledged before me this day of

Titiu , 2018 by n(16115'iCA, as

fiegaeni— of Ravinia at East Park Homeowners' Association, Inc. He/She who is personally known to me. or who has produced as identification aTh —di-d-Take an oath.

ir NICHOLAS C. CHRISTAKOS

MY COMMISSION # GO 165906

'4 EXPIRES: January 4, 2022

,, Bonded Thru Notary Public Underwriters

— 411 4 I —111c I 1 4 4 1 III )11.

(SEAL)

NOTARY PU IC SIGNATURE

Printed Name of Notary /444, C CIA rsiztkey My Commission expires:

; c o

A.41

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By:

"ASSIGNEE"

East Park Community Development District

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) (2- m ri-N)

Name:

Title:

Print Name

itness

,t L Col Uvls‘

Date: -1 05- tg

Signed, sealed and delivered in the

presence

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At/

STATE OF r/Or

COUNTY OF Orartp-

The foregoing instrument was acknowledged before me this ) i ,

20118 by 12 0 gif e -e 0 /oil 1.; 110 10 4 of the East ParleCommunity Development District.

personally known to me or who has produced

and who did take an oath.

day of

as

He/She who is

as identification

Print Name

MARIA C. FUENTES Notary Public - State of Florida

Commission # GO 008417 My Comm. Expires Oct 23, 2020

(SEAL

C1 , "Itost,

Ott NOTARY UB IC SIGNAT

Printed NaiRe-of Notary MO rt c C- —een -e--3 My Commission expires: /0 Z Z00.0

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"OUC"

Orlando Utilities Commission, a statutory

Commission under the laws of the State of

Hort a

Name: C I er\+ ock

Title: C-712ASLArak M CE

Date: Zb

Signed, sealed and delivered in the

nce of:

C.

Wness

The undersigned hereby joins and consents to the foregoing assignment from Assignor to Assignee

and the recording of this Assignment in the Public Records of Orange County. Florida.

Approved as to form and legality by OUC Leg4 Dept. Date: g - ce By:

STATE OF no

COUNTY OF

1/41--Ch The foregoing instrument was acknowledged before me this 3 D day of

2018 by as the GeneraY Manager and

CEO of Orlando Utilities Commission. He is personally_Lnown to me or who has produced

as idntificaticn and did take an oath. /Th

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NOT RY PULIC SIGN

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My Commission expires: