The URL can be used to link to this page

Home My WebLink About4010 Annex - Seminole Warehouse Partners II - Narcissus Avenue 00 00 t-- ....... I N t-- -- t-- N {\ ("') .....:1 ~ 1f <2 a r/) 00 00 t-- ....... ><: 0 o::l d p..; 'E i r/) 4-< 0 0 ..... u ~" <!) - u 0 ..... u .g ~ ~ '1111lI1Tr10 III Ii 11111'10 111111110 111111110 111111111111111 ~ Ordinance No. 4010 An ordinance of the City of Sanford,' Florida, annexing by voluntary petition certain real property (Tax Parcel..ld~nti~c:~ti()l1. . ~~.nll~~.~.1~- 19-30-5AC-0000-087A, 16-19-30-SAC-0000-087B, and' 1'6-19-30-SAC- 0000-0870) located contiguous to the City of Sanford in accordance with the voluntary annexation provisions of Section 171.044, Florida Statutes; redefining the boundaries of the CitY of Sanford to' inch.lde said property; providing for findings; dir~tinf). the City Clerk to record the ordinance with the Clerk of the Circuit Court, with the chief administrative officer of Seminole CountY and with .the Department of State; providing for a legal description and a map; repealing all ordinances in conflict .... herewith;pl"oviding for severability; providing for non-codification . c~nd.. the taking of administrative actions and providing for an effective date. Whereas, the following applicant. for annexation of property into the City of Sanford is hereby determined to be the fee simple title owner of the real property described below: Seminole Warehouse Partners II Ltd., whose address is 4051 W. SR 46, Sanford, Florida 32771; and Whereas, the said applicant petitioned the City of Sanford, pursuant to Section 171.044, Florida Statutes, for annexation of said property into the municipal limits of the City of Sanford; and Whereas, the applicant is the fee simple title owner of said property being described as follows: Tax Parcel Identification Number Property Owner 16-19-30-5AC-0000-087 A 16-19-30-5AC-0000-087B 16-19-30-5AC-0000-087D Seminole Warehouse Partners II Ltd. Seminole Warehouse Partners" Ltd. Seminole Warehouse Partners II Ltd. Whereas, the aforedescribed real property is deernedto consist of a sirigleproperty for the purposes of this Ordinance and the applicants are deemed to have' submitted a common petition; and Whereas, City staff has reviewed and subsequently recommended approval of the annexation of said property to the City Commission of the City of Sanford and has accomplished all actions required under the Code of Ordinances of' the City of Sanford and State law; and Whereas, the City Commission has determined.. that. all . of the property. which is proposed to be annexed into the City of Sanford is within an unincorporated area of Seminole County, is reasonably compact and contiguous to the corporate areas of the City of Sanford, 1 ::tI2'" m ~-;: o:;u 'Tf ~~ m 'x=. mz v:o Z (.~, m <'11 Z' (." 0 ~::tI IF.. ::tIm m. 00 or- rom -~ ~ Ie> ro"Tl ~. 0 ~if ii .. n c =i o () c ~ (f.. g:I ::e: Z .::> r- m o I::> C ~ .-~ o "Tl Z I~' <=> o C1.\ ..... U'I C1.\ C1.\ C1.\ o \".'0 ^ o C1.\ ~ -I " \Co W ..... <.,:. C1.\ '.0 ..... t..:. -I 1-.:' ~ \Co !Il ...... ::tI m o o o '.0 ~ '.0 ~ <=> <=> C1.\ ..... o ;t i;: ~~ , . Florida and it is further determined that the annexation of said property will not result in the creation of any enclave, and it is further determined that the property otherwise fully complies with the requirements of State law; and Whereas, the City Commission of the City of Sanford,. Florida has taken all actions in accordance with the requirements and procedures mandated by State law; and Whereas, the City Commission of the City of Sanford, Florida hereby determines that it is to the advantage of the City of Sanford and in the best interests of the citizens of the City of Sanford to annex the aforedescribed property; and Whereas, the map and the legal description attached heretc) as. E)(hibit "A" shows, describes and depicts the property which is hereby annexed into the City of Sanford. Now, Therefore, Be It Ordained by the City Commission of the City of Sanford, Florida, as follows: Section 1. Legislative And Administrative Findings/Annexation Of Property. The recitals set forth above in the "whereasclauses". are hereby adopted as legislative findings of the City Commission of the. City of Sanford: The. property consist!;. of the follo\Nirlg. parcel of land assigned the Tax Parcel Identification Parcef Number set forth abo"e and being described as set forth below, said property being situated in Seminole County, Florida, and said property be and the same is hereby annexed into and is hereby made a part of the City of Sanford, Florida pursuant to the voluntary annexation provisions of Section 171.044, Florida Statutes: See Exhibit "A". Section 2. Effect Of Annexation. Upon this Ordinance becoming effective, the property owner of the said property shall be entitled to all the rights and privileges and immunities as are from time-to-time granted to property owners of the City of SanfordL~IC)ri~:a:a!; furt~er provided in Chapter 171, Florida Statutes, and shall further be subject to the responsibilities -of ownership as may from time-to-time be determined. by. the..gove'"rlirl~ .~LJt~orityof the City of Sanford, Florida and the provisions of said Chapter 171, Flonda Statutes. . Section 3. Administrative Actions. Within seven (7) days of the :adoption of this Ordinance, the City Clerk shall. file. :a coPyofsCi.id. ()rdinan~Wi~~ t~~SI~rI<ofthe. (;C)urt (Land Records/Recording), with the Chief Administrative Officer of Seminole County (the County Manager) and with the Florida Department of State. Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. Section 5. Severability. If. any section, sentence,. phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 6. Codification. The provisions of this Ordinance shall not be codified, but the annexed property shall be incorporated and included in all appropriate maps of the City Limits 2 of the City of Sanford by the City Manager, or designee, and the City Manager, or designee, is hereby directed to take any and all appropriate actions relative to land use planning pertaining to the property annexed pursuant to this Ordinance. Section 7. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. Passed and Adopted this 25~ day of September, 2006. Cynthia Potter,~ Acting. City Clerk City Commission of the City of Sanford, Florida ~inda Kuhn, Mayo~j Certificate I, Cynthia Porter, Acting City Clerk of the City of Sanford, Flodda, do hereby certify that a true and correct copy of the foregoing Ordinance No. 4010 passed and adopted by the City Commission of the City of Sanford, FIodda, on the 25th day of September, 2006, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 27th day of September, 2006. C~ynthia POde~ ~ ~.s the Actihg Oity Clel~ of the City o 'lo, ,.~, j EXHIBIT "A" . , " / ~._~-~ / ;....---J 1/ :: PARCEL 1 LEGAL DESCRIPTION: ~_~_ ___J ; / I N 535 FT of W 124 FT of lot 81 ' r-----~/I I' (less W 4 FT for ditch), ST JOSEPHS ! SUBD)VISION, according to the plat , ! I! I thereof as recorded in Plat Book 1 !,!, i r------j I Page 114 of the public records of . ~ . ~.~ i '. I' ~Im semr:':::;t::~t:~:;{i........}...................jl._ i .::~:r~:}~::!'~:j:~'i!i~j~!!ij!!i!i'~:i~j!i'iW!I!!->!:!.j!!!i!i~i!!!i!!::::::::::::::::::::::;f::::;::;::::::::::,: -:':-:';':':':':':-:';';';':':'C't fSa f d-:':':':';':':';':' ANNEXATION I ~~::j::~::::j:~::::::?::}:::::::~J:g::::::::::?::~:~:::::f(:{}} . ~~~T\~ ~~:~ ~~~~~':~~~~:i!Il!l.:E ~..~..~.ST ,.:.::.:.:.............:.............. ................................... ~.....JI ........................... - (less N 20 FT for RD) ST JOSEPHS ;::::::::::;;:::::::::::::::::: ;:::::;::::::::::::::::::::::;::::::. A:::)::;:::<r I '. ::::::::::::;:::;}:::::::::::::::::::::::::;::~:l f--- SUBDIVISION according to the plat C--- -, NARCISSUS AV ................... ':.:.:.:." i ::::::;::::::::::/::<;::::::::::::::::=:=::::}}:::::;::::::: ! O;~}~:}}>::}::~:~~:?(}~::~:::~r\::::~~::~::: '~-- I i k":i/ti' ti!m!:!:!;!Ji;i;;;;;i:ui;;;;;;;;:ii:;!;mi":; lliiliJ"" ......... ...... I ...-....................... ,.............................. :,.:.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:...:.:.:.:.;.;.:.:. .......................-.... ~i ........................... ........................-.. . . . . . . . . - . . . . . . . . . . ~ . . . . 4 . . ............................ ............................ ........................... :~ ~~ ~~ ~~ ~ ~ ~~ ~ ~ ~ ~ ~~ ~~ ~ ~ ~~ ~~~ ~ ~~ ~ ~ ~ ~~i ~~ ~~ ~~ ~~ ~ ~ ~~~ ~ ~ ~~~ ~ .4 . . ~ . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . ~ . . . . . . . . . . - . . . . . . . . . ........................-... ........................... .4......................... ................ . , . . " . , . , to ~ r-- r PALM TER Iii '-----" - 11 I I PARCEL 3 LEGAL DESCRIPTION. E 206 FT of W 1/2 of lots 87 & 96 (less N 330 FT & ST RD) ST JOSEPHS SUBDIVISION according to the plat thereof as recorded in Plat Book 1, Page 114, of the public records of Seminole County, Florida . . )...........'--...................... . ... . . . fl' .. .... ... ...\/\ ..... ...... ... i:.........................................,............................ . . . .... ................................... ... I ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::}(::::: :".: :: ::"..," ...................... .'. - ... 0:: () -- - - - 1;':':.:-:-: r .. ;:::::::::::::::::!'m;:::::::;:::: / ...... . :~;~;i~;~;~;;;: ~;:;~;~;~;) ::': ". '::... ..;' :' :~;:\i!!ji!!!tj~j!i~:!j!j~ ~ ~j:;;,?.... L:.::: ==:\-.::-:=:: .::: ";~': :~~ :::/.:' . :.:.:':.:.:~:':.:.:':. =; :;:::;:::::::;:::;:::;:;::::::;::::::::::::;:::;:::;:::;:::;:::;:: :::::::;:;:::;:;: .'. .;. ;: :.: : . :/":.;.....;.:.:.........;.:.:...:.. City. of Sanford" . ... . ........ · ... =li:I~;Jllillr') .. 1 . 4. . ._ 4 _ . . "'- . - . . . " . . .',.. ....... . . .. ... .. . .. ... .. ... . . .. .... .. - . . -. . -. - ... . .... .4., . .. . . : . '.' :". :..' :..:. : .:...:::. .. .:. -. . .. '. " . . . .. ..... .. . ... :: .. ....::: ...:. :: ..:. . ..,': .,: ::::: :: " . .. .. . .. . . . . . . . ..... . . .. . .. . .. I::;';;' ... : t:<:~ . ;-; >4:: J'f.11" .. .. . . . :;~ .'': : :' ...~.:"; '.:. .~ '. . . . '. . . -. " . . . . .. . . lj~' '.' I~~ . . . - .. ... .... . .. . ....... .... . .. .................. " . .... ......,....... ........ .' ...................................!~..., .- ."'."'. ..... .. ................. . ,. ......... ",. . .................. ... . -'."".. ..... . ................... . . . '.:~~~~~~~~~~~~~~::~~~:~~~~~~~~~' . . :. :: : ~~~~~~~~~~~~~~~~~~~~~~~~~r~~~}~:. . .,: .:' . "'." .---.---. ................... . . ..,......... ....-.....'....... ...........4......................... . .... .... ..... .... ..... . . ... . L W 1 ST ST C 0:: :x: -- w w 0:: () - . .................. ijjji:!iiiji!iiiiiiijiiiiiiiiijijiiiiii.111iliii11\jjill111j~ .:: ---- - NORTH ~ Q. PROPERTY 1.0. # <( :2: 1 16-19-30-5AC-OOOO-0878 2 16-19-30-5AC-OOOO-0870 3 !16-19-30-5AC-OOOO-087A PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES COUNTY CITY A-1 AG 1.47 A-1 AG 1.46 A-1 AG 4.93 SEMINOLE W ARE- HOUSE PARTNERS II L TO NARCISSUS AVE 3955 NARCISSUS AVE 3980 46 SR W "" 11111 II III ft III U 1111181111111111111111111111111111111111 Prepared by and return to: MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY 81< 16433 Pgl0827 - 843, U7pgs) CLERK'S # 2006159229 AECORDEtf10104/2M6 12.05.08 PM RECORDINBFEES ..146. 08 RECORDED8Y H BaillY Lonnie N. Groot, Esquire Stenstrom, Mcintosh, Colbert, Whigham & Partlow, PA 1001 Heathrow Park Lane, Suite 4001 Lake Mary, Florida 32746 SEMINOLE WAREHOUSE PARTNERS n, ~TDJgl!Y'OF"~~f'J~081:) PRE-ANNEXATION AND ECONOMICDEVELOPM~NTA.G"REE'Ml::Nf' THIS PRE-ANNEXATION AND ECONOMIC DEVELOPMENT AGREEMENT is made this as~ day of S::~f ~ bee 2006, by and between the CITY OF SANFORD, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter referred to as the "CITY'), whose address is 300 N. Park Avenue, Sanford, Florida 32771 and Seminole Warehouse Partners II, Ltd., a Florida limited partnership (hereinafter referred to as the "OWNER"), whose address is 4051 West SR 46, Sanford, Florida 32771. - WIT N E SSE T H: 0, WHEREAS, the OWNER is the owner of certain real property located in Seminole County, Florida, consisting of approximately 7.77 acres, which real property is more particularly described on Exhibit "A" attached hereto (hereinafter referred to as the "Property"); and WHEREAS, the Property is assigned the planned development land use designation under the provisions of the Seminole County Comprehensive Plan; and WHEREAS, the Property is assigned the Planned Commercial Development (PCD) zoning classification under the provisions of the Land Development Code of Seminole County; and WHEREAS, in accordance with the provisions of Section 171.062(2), Florida Statutes, provides that: "[i]f the area annexed' was subject to a county land use plan and county zoning or subdivision regulations, these regulations remain in full force and effect until the municipality adopts a comprehensive plan amendment that includes the annexed area." ; and 1 WHEREAS, Section 171.062(1), Florida Statutes, provides as follows: "An area annexed to a municipality shall be subject to all laws, ordinances and regulations in force in that municipality and shall be entitled to the same privileges and benefits as other parts of that municipality upon the effective date of the annexation." ; and WHEREAS, the CITY has determined that further high quality development of the Property consistent with appropriate protections of natural resources will be of substantial economic benefit to the CITY and its citizens; and WHEREAS, Section 166.021(9)(b) and (c), Florida Statutes, specifically states, with regard to economic development, that: "(b) The governing body of a municipality may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The provisions of this chapter which confer powers and duties on the governing body of a municipality, including any powers not specifically prohibited by law which can be exercised by the governing body of a municipality, shall be liberally construed in order to effectively carry out the purposes of this subsection." and "(c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community." ; and WHEREAS, the CITY desires to ensure that the development of the Property and adjacent CITY land uses are compatible with surrounding land uses, that adequate public facilities exist concurrent with the impact of such development and that such development and the CITY's Comprehensive Plan are or will be consistent; and 2 WHEREAS, the CITY and the OWNER desire to implement land use densities and intensities that are compatible with the beneficial economic development of the CITY and the appropriate development of the Property in a manner compatible with its adjacent environs; and WHEREAS, the CITY and the OWNER agree that development of the Property must be appropriately timed in order to avoid urban sprawl and the inefficient use of facilities, public resources and infrastructure; and WHEREAS, the CITY and the OWNER agree that adequate public facilities and services must be available at the time of development being constructed and occupied for use; and WHEREAS, the parties agree that additional property may be assembled with or added to the Property in order to further advance high quality development within the CITY and continue to enhance the healthy economic development of the CITY; and WHEREAS, the parties agree that all development of the Property must be accomplished in a manner which protects and preserves important and valuable natural resources; and WHEREAS, the purpose of this Agreement is to set forth the understandings and agreements of the parties with respect to the foregoing, and other matters as set forth herein; and WHEREAS, this Agreement is authorized by, permitted by, and consistent with the provisions of the CITY's Home Rule Charter; the CITY's Comprehensive Plan, Chapter 163, Florida Statutes; Chapter 166, Florida Statutes; the State Comprehensive Plan (Chapter 187, Florida Statutes); Article VIII, Section 2(b), Constitution of the State of Florida, and other applicable law and serves and advances a vital public purpose. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration each to the other provided, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 3 Section 1. Recitals. (A) The above recitals are adopted as the findings of the CITY's governing body. (8) The above recitals are true and correct, are incorporated into this Agreement by reference thereto, and form a material part of this Agreement upon which the parties have relied, including, but not limited to, the assertions that the OWNER owns the subject Property and is empowered to enter into this Agreement and make binding commitments. Section 2. Annexation. The OWNER shall apply or has already applied for annexation of the Property into the CITY by filing petitions with the CITY within ten (10) days of the full execution of this Agreement and the CITY shall annex the Property into the CITY. The CITY shall notify the Florida 'Department of Community Affairs of the annexation of the Property upon enactment of the annexation ordinance(s) affecting the Property. Section 3. No Extraordinary Annexation Fees. It is understood and agreed that no extraordinary fees, costs or expenses will be charged to or become due from the OWNER to the CITY or to any other governmental authority, private individual or entity on account of or in connection with the CITY's review and processing of the Annexation Petition or the annexation of the Property into the corporate limits of the CITY other than the standard annexation petition review fee as established by he CITY; provided, however, that the OWNER shall pay (his/her/their) own attorney's fees and consulting fees. Section 4. Development Conditions and Public Facilities. (A) The condition? of any Seminole County development approval(s) set forth in Seminole County's development orders and development permits relating to the Property shall continue to be in full force and effect upon and after the annexation of the Property into the CITY and the development rights and entitlements relating to such approvals shall carry forward as baseline level of approvals for the Property. The OWNER shall ensure that the CITY is fully appraised on all issues relating to any prior approval(s) of development orders and development 4 permits including, but not limited to, the manner in which impacts on public facilities have been addressed. (8) All sanitary sewer and potable water issues relating to the development of the Property shall be appropriately addressed. (C) All potential transportation impacts have been appropriately considered in the development. Adequate roadway capacity will be made available consistent with the impacts of development of the Property. (D) Solid waste collection services are available to serve the demands generated by the Property and may be provided as it is to any other owner of property located in the CITY and will be available concurrent with the impacts of the development of the Property. If legally possible, the OWNER shall utilize the CITY's solid waste collection franchisee. The OWNER shall exercise bona fide and diligent efforts to be served by the CITY's solid waste franchisee. (E) All drainage issues will be appropriately addressed in the development approvals by the CITY pertaining to the Property and the impacts of drainage water shall be addressed in accordance with State law and other applicable regulatory requirements. (F) The CITY will provide fire, police and EMS facilities, equipment and services necessary to serve the Property. All such public services will be available to support the development of the Property. (G) Impacts to public facilities arising from development of the Property shall be addressed in a manner consistent with the CITY's codes and ordinances and other applicable law. (H) The OWNER shall provide the CITY with a concurrency facility impact data and analysis as previously submitted to Seminole County. Additional information may reasonably be requested by the CITY to address concurrency issues specific to CITY facilities. This analysis shall show concurrency status and all impact fees that may have been paid relative to the Property. 5 (I) If the CITY becomes the service provider of water and sewer utilities as a result of system(s) acquisition(s) (or otherwise), the CITY will provide water and sewer service to the Property, subject to standard requirements relating to developer's contributions in aid of construction, installation of service lines to and upon the Property, payment of connection fees, dedication of lift station and other sites, granting of appropriate easements, and dedication of other facilities. (J) The OWNER shall install landscaping along SR 46 per City standards during the construction of Phase 1. Section 5. General Obliaations/Commitments of the Parties. (A) The CITY has evaluated the proposed land uses, intensities, densities and other land use planning matters generally proposed for the Property and the CITY generally concurs that the proposed land uses, densities, intensities and other aspects of the proposed use of the Property as aenerallv depicted in Exhibit "8" is compatible with surrounding and proximate Property, provides for a pattern of harmonious and transitioned land uses, and generally comports with sound and generally accepted land use and development practices and principles. (B) The parties acknowledge that the CITY cannot contract to approve specific Comprehensive Plan provisions or rezoning requests. The CITY's only obligation with respect to Comprehensive Plan development and/or amendments and rezoning requests is to process the applications expeditiously, consider all evidence presented in support of and in opposition to the applications and make d~cisions to approve or deny the applications based upon the legal standards that govern actions by local governments when considering comprehensive land use plans and when considering rezoning proposals. (C) The CITY agrees that it would be appropriate in terms of sound growth management and land use planning and development principles to provide that the Property, upon annexation into the CITY, are located within the "urban services boundary" line of 6 7 8 \145078\83 - # 527827 v2 (C) The CITY will implement the adopted Comprehensive Plan, as appropriate, through its land development regulations, as may be necessary or required. Section 8. Limitation of Funding Obliaations. Notwithstanding anything to the contrary stated elsewhere in this Agreement, the CITY shall have no obligation to fund any public facilities or infrastructure necessitated by the development of the Property. Section 9. Further Assurances. In addition to the acts recited in or set forth in this Agreement, the CITY and the OWNER agree to perform or cause to be performed, in a timely manner, any and all further acts as may be reasonably necessary to implement the provisions of this Agreement including, but not limited to, the execution and/or recordation of further instruments; provided, however, that the CITY's obligations shall be subject to such limitations of law as may be applicable to municipalities. Section 10. Limitations of Remedies. The parties hereby agree not to pursue an award of monetary damages for a breach of or non-performance under this Agreement. . The only remedies available against the non-performing party shall be either to withhold further performance under the Agreement until the non-performing party or parties cure the non- performance or to seek a court order from the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida requiring the non-performing party to fulfill its obligations under the Agreement. However, nothing in this Agreement shall be construed to limit the right of the OWNER or the CITY to pursue any and all available remedies, if any, under tort or constitutional law related to a party's non-performance under the Agreement. The CITY shall not be deemed to have waived sovereign immunity in any manner or respect. Section 11. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of the formal parties to this Agreement, and no right or cause of action shall accrue by reason hereof to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon or give any person or entity any right, remedy or claim under or by reason of this Agreement or any 9 \145078\83 - # 527827 v2 provisions or conditions hereof, other than the parties hereto and their respective representatives, successors and assign~. Section 12. Effectiveness of Aareement. This Agreement shall become effective upon its being duly executed by all of the parties hereto (the "Effective Date') If the CITY does not annex the Property within sixty (60) days of the Effective Date, then this Agreement shall immediately terminate and be of no further force or effect, and, in that event, the CITY, as escrow agent, shall immediately release and deliver the Annexation Petition to the OWNER, and the OWNER shall be entitled to record, at the CITY's expense, a Notice of Termination of this Agreement in the Public Records of Seminole County, Florida. Section 13. Indemnification. To the limited extent permittable by State law, but subject to the statutory limits of liability set forth at Section 768.28, Florida Statutes, the CITY agrees to indemnify and hold harmless the OWNER from and against any and all claims, assertions, damages, judgments and lawsuits arising from the acts or omissions of the CITY or its officers, employees or agents under and pursuant to this Agreement. Reciprocally, the OWNER agree to indemnify and hold harmless the CITY from and against any and all claims, assertions, damages, judgment and lawsuits arising from the acts or omissions of the OWNER or (his/her/their) officers, employees or agents under and pursuant to this Agreement. Section 14. Time Of The Essence. Time is of the essence of the lawful performance of the duties and obligations contained in this Agreement. The parties covenant and agree that they shall diligently and expeditiously pursue their respective obligations set forth in this Agreement. Section 15. Successors and Assians. This Agreement and the terms and conditions hereof shall be binding upon and inure to the benefit of the CITY and OWNER and their respective successors in interest. 10 \145078\83 - # 527827 v2 Section 16. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. Further, to the extent permissible under the laws of the State of Florida, if there is a conflict between this Agreement and the terms of the CITY's land development regulations, the terms of this Agreement shall control. Section 17. Bindina Effect. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. Section 18. Recordina. The CITY shall, within five (5) business days following full execution of this Agreement, and at the CITY's sole cost and expense, record a fully executed counterpart of this Agreement in the Public Records of Seminole County, Florida. Section 19. Choice of Law and Venue. Florida law shall govern the interpretation and enforcement of this Agreement. In any action or proceeding required to enforce or interpret the terms of this Agreement, venue shall be in Seminole County, Florida. Section 20. Effect on Chanae in Law. If State or Federal laws are enacted after execution of this Agreement which are applicable to and preclude the parties' compliance with the terms of this Agreement, this Agreement shall be modified or revoked as is necessary to comply with the relevant State or Federal laws and the intent of the parties hereto; provided, however, that the CITY agrees that it shall not modify this Agreement in any manner which would in any way be inconsistent with the intent of the parties to provide for development of the Property in accordance with the terms and conditions hereof. Section 21. Construction or Interpretation of the Aareement. This Agreement is the result of bona fide arms length negotiations between the CITY and OWNER, and all parties have contributed substantially and materially to the preparation of the Agreement. Accordingly, this Agreement shall not be construed or interpreted more strictly against anyone party than against any other party. 11 \145078\83 - # 527827 v2 Section 22. Attornevs' Fees and Costs. In the event of any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, paralegals' fees, and costs incurred, whether the same be incurred in pre-litigation negotiation, litigation at the trial level, or upon appeal. Section 23. Captions I Exhibits. (A) The headings or captions of the sections and subsections contained in this Agreement are used for convenience and reference only, and do not, in themselves, have any legal significance and shall not be afforded any. (B) The exhibits to this Agreement are hereby incorporated into this Agreement and are an integral part of this Agreement. Section 24. Parties Bound. Following the recordation of this Agreement, the benefits and burdens of this Agreement shall become a covenant running with the title to the Property, and all parts and parcels thereof, and this Agreement shall be binding upon and inure to the benefit of both the CITY, OWNER and their assigns arid successors in interest to the said Property, and all parts and parcels thereof. Section 25. Severabilitv. If any provision of this Agreement, the deletion of which would not adversely affect the receipt of any material benefits by either party to the Agreement or substantially increase the burden of either party to the Agreement, shall be held to be unconstitutional, invalid or unenforceable to any extent by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of the Agreement. Section 26. Notices. Any notice that is to be delivered hereunder shall be in writing and shall be deemed to be delivered (whether or not actually received) when (i) hand delivered to the official hereinafter designated, or (ii) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the parties as follows (facsimile transmittal is not acceptable as a form of notice in this Agreement): 12 \145078\83 - # 527827 v2 To the CITY: CITY Manager CITY of Sanford 300 N. Park Avenue Sanford, Florida 32771 To the OWNER: Greg A. Boyd, Executive Vice President USA Stor-A-Way, Inc. 4051 West SR 46 Sanford, Florida 32771 Section 27. Entire Aareement. This Agreement constitutes the complete and entire agreement between the CITY and OWNER with respect to the subject matter hereof, and supersedes any and all prior agreements, arrangements or understandings, whether oral or written, between the parties relating thereto, all of which have been integrated herein. Section 28. Modification. This Agreement. may not be amended, changed, or modified, and material provisions hereunder may not be waived, except by a written document, of equal dignity herewith, approved by the Sanford City Council and the OWNER and signed by all parties to this Agreement. Section 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. 13 \145078\83 - # 527827 v2 WHEREFORE, the parties hereto have caused these presents to be signed all as of the date and year first above written. CITY OF.9!,NFORD, FLORIDA ~ ~ BY: ',_,I ,---<-. , Linda Kuhn, Mayor ---' Attest ~~h~~~A City Clerk Date: (O~e;}f .;2tJo~ For the use and reliance of the City of Sanford only. Approved as to form and legal sufficiency. William L. Colbert, Esquire, City Attorney (Signature pages for the OWNER to follow). 14 \145078\83 - # 527827 v2 OWNER: By: Seminole Warehouse Partners II, Ltd., a Florida limited partnership ~~ By: ~G~ j\~ ~d o. WitneSs Acknowledament STATE OF Florida ) COUNTY OF SEMINOLE~ O~bfOregOing instrument was a<;(knowledged before me this ~ ()O{ day of c.- ef., 2008, bgebcr~ DO~ cA.. as Q~ of Seminole Warehouse Partnerships II GP, Inc., artne of Seminole Warehouse Partners II, Ltd., a Florida limited partnership, who is personally known to me or provided their Florida drivers licenses as identification and who did not take an oath. (Seal) ~J\. Mary l Mute . ~.; My Commiseion 00211344 ~0I,,'cI ExplresAugUlt04,2007 15 \145078\83 - # 527827 v2 THE EAST 206.00 FEET OF THE WEST 1/2 OF LOTS 87 AND 96, LESS AND EXCEPT THE NORTH 330.00 FEET THEREOF AND ALSO LESS AND EXCEPT ROAD RIGHT OF WAY FOR WEST STATE ROAD 46 ON SOUTH, FLORIDA LAND AND COLONIZATION COMPANY LIMITED W. BEARDALL'S MAP OF ST. JOSEPH'S, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 114, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN 124.00 FEET EAST. OF THE SOUTHWEST CORNER OF LOT. 96, FLORIDA LAND AND COLONIZATION COMPANY LIMITED W. BEARD ALL'S MAP OF ST. JOSEPH'S, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 114, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, THENCE RUN EAST 206.00 FEET; THENCE RUN NORTH 1,494.00 FEET TO THE NORTH LINE OF LOT 87 OF SAID PLAT; THENCE RUN WEST 206.00 FEET; THENCE RUN SOUTH 1,494.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE NORTH 330.00 FEET THEREOF AND ALSO LESS AND EXCEPT ROAD RIGHT OF WAY FOR WEST STATE ROAD 46 ON SOUTH. AND THE NORTH 535.00 FEET OF THE WEST 124.00 FEET OF LOT 87, FLORIDA LAND & COLONIZATION COMPANY LIMITED W. BEARDALL'S MAP OF ST. JOSEPH'S, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 114, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LESS THE WEST 4.0 FEET THEREOF. AND THE NORTH 330.0 FEET OF THE EAST 206.0 FEET OF THE WEST 1/2 OF LOT 87, OF W. BEARDALL'S MAP OF ST. JOSEPH'S, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 114, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. (LESS THE NORTH 20.0 FEET FOR ROAD) ALL THE ABOVE DESCRIBED BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 19 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA; THENCE RUN N.89050'I7"E. ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 A DISTANCE OF 664.52 FEET; THENCE DEPARTING SAID NORTH LINE RUN S.00ol7'06"E. 15.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NARCISSUS AVENUE; THENCE RUN N.89050'17"E. ALONG SAID SOUTH LINE 120.00 FEET; THENCE RUN S.00oI7'06"E. ALONG SAID SOUTH LINE 5.0t> FEET; THENCE RUN N.89050'I7"E.ALONG SAID SOUTH LINE 206.22 FEET TO A POINT ON THE EAST' LINE OF THE WEST 1/2 OF LOTS 87 AND 96, FLORIDA LAND AND COLONIZATION COMPANY LIMITED W. BEARDALL'S MAP OF ST. JOSEPH'S, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 114 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, THENCE RUN S.00oI7'06"E. ALONG SAID EAST LINE A DISTANCE OF 1337.49 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WESt STATE ROAD NO. 46 AS SHOWN ON FLORIDA DEPARTMENT RIGHT-OF-WAY MAP, SECTION 77030-2107; THENCE RUN S.89037'OI"W. ALONG SAID NORTH RIGHT-OF-WAY LINE 206.24 FEET TO A POINT ON THE WEST LINE OF THE EAST 206.00 FEET OF THE WEST 1/2 OF LOTS 87 AND 96 OF SAID PLAT; THENCE DEPARTING SAID NORTH RIGHT- OF-WAY LINE RUN N.00017'06''W. 823.29 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 535.00 FEET OF THE WEST 124.00 FEET OF SAID LOT 87; THENCE RUN S.89050'I7"W. ALONG SAID SOUTH LINE 120.00 FEET TO A POINT ON A LINE 4.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID LOT 87; THENCE RUN N.00oI7i06"W. ALONG SAID LINE A DISTANCE OF 520.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7.767 ACRES MORE OR LESS. \145078\83 - # 528384 vI I I I i ~i(l(f) .! [Il . I; . L ~ ~ I I I ! I ~ : I 2 I ~ I I ~ I ~1 n ~~ ~ ~ ~~ U ~~ -. ~~ ~o ~~ ~~ 8I!IlR:lU! __ CEN'I"M TWO 8ITEWORK CON8TRUCTIClN PLANS I'CR ~ WAlEHOU8E "AR'I1BWI .. LTD. ANN!XTIClH EllIBI' - - '1:"'1:" 105 E. Robinson Street, Svite SOl Orlando. fl 32801 (407) 2.46-1260 Fax{407J2<l6-0423 I ~ <:::) t; ~~ U-z:: tI? ..... -z:: '4z:: tI? "" :;eO ';::)cn >-GX: 1-0 ::'l.A- Iii ~ -.J