HomeMy WebLinkAbout499-Seminole Towne Center~HUTT$ ~ BOWEN
October 21, 1993
VIA HAND DELIVERY
GARY M. BAGLIEBT[R
~ATRiNA D* BAKER
ARNOLD L. BERMAN
~OSEPH D. BObTON
OHRtSTOPHER W. BOYETT
BOWMAN BROWN, R A.
Mr. William A. Simmons, City Manager
City of Sanford
300 North Park Avenue
$anford, Florida 32771
Re: Commitment for Completion of
EDMUND T. HENRY, ~
DON L. HORN
MARY RUTH HOUSTON
YOLAN DA CASH *~ACKSON
WRITER*$ DIRECT
Infrastructure
RrC£1Vr. D
OCT 2 1 1993
ClT"Y OF SANFOIED,
Dear Bill:
Please find enclosed two (2) executed copies of the
"Commitment for Completion of Infrastructure" signed by Seminole
Towne Center Limited Partnership and Seminole Investors. Based on
our previous discussions, it is my understanding that delivery of
this document completes the requirements for recording of the
Seminole Towne Center Plat. Please authorize Janet Donahoe to
record the Plat in the Seminole County Public Records at the
earliest possible time.
Thank you for your cooperation.
JGW:cbc
Encs.
cc w/encs.:
Bill Colbert, Esq. (via FAX)
Jan Donahoe (via Hand Delivery)
Tom Schneider (via FAX)
Ris~ Friedman, Esq. (via FAX)
Aaron Cohen (via FAX)
Joe Cooper (via FAX)
ORLANDO 56538.1 - CBC
COMMITMENT FOR COMPLETION OF INFRASTRUCTURE
COMMITMENT FOR COMPLETION OF INFRASTRUCTURE ("Commitment")
made this ~ day of October, 1993, by SEMINOLE TOWNE CENTER
LIMITED PARTNERSHIP, an Indiana limited partnership, and SEMINOLE
INVESTORS, a Florida general partnership (jointly the "Owners") in
favor of the CITY OF SANFORD, a municipality incorporated under the
laws of the State of Florida (the "City").
W I TNE $ SETH:
WHEREAS, Owners are the owners and holders of the lands
described in the proposed plat of Seminole Towne Center (the
"plat") approved by the City Commission at its regularly scheduled
public meeting on October 11, 1993; and
WHEREAS, as a condition of recording the plat in the Seminole
County Public Records, the City has required Owners to construct or
cause to be constructed those elements of public infrastructure,
including roads and utility systems, necessary to serve the platted
property.
NOW THEREFORE, in consideration of the City's approval and
recordation of the plat of Seminole Towne Center, Owners do hereby
agree to construct, or cause to be constructed, those
infrastructure improvements described in the attached Exhibit "A"
needed to service the platted property and which are intended to be
dedicated either to the City or to Seminole County upon completion
and maintained thereafter by the City or the County as public
facilities.
The obligation of the Owners hereunder shall be unconditional
and shall be completed prior to the issuance of any certificates of
occupancy by the City for any building'constructed on the platted
property.
This Commitment shall inure to the benefit of the City, its
successors and assigns and shall be enforced according to the laws
of the State of Florida. The prevailing party in any suit to
enforce the obligations created hereunder shall be entitled to
recover reasonable costs and attorneys' fees incurred in such
action.
Owners hereby agree to indemnify and hold the City harmless
from and against any claim, damage, cost or expense, including
reasonable attorneys' fees, incurred by the City and resulting from
the failure of Owners to comply with the construction obligations
set forth in this Commitment.
WHEREFORE, Owners have executed this Commitment on the date
and year first above written.
SEMINOLE TOWNE CENTER LIMITED
PARTNERSHIP, an Indiana limited
partnership
By:
Seminole-Simon Mall Limited
Partnership, an Indiana
limited partnership, Its
General Partner
By:
S/C Specialists, Inc., an
Indian~orporation, a
Gene~
By: - ~'~
Herbert Simon, President
SEMINOLE INVESTORS, a Florida
General Partnership
By:
SEM-TRS Peripheral Limited
Partners~p, an Indiana
partnership, a General
Partn~-J~,~.~
By: ~
Herb~rt'Simon, General
Partner
(~)
(2)
(3)
(4)
(5)
(6)
,"7)
(8)
(9)
Towne Cer~Boufevard
Acquisition of fights-of-way and construction of Towne Center
Boulevard as a fourqane divided road between SR.46 and Rinehart
Road with drainage, IncJuding sidewalks on both sides and street lights
as required in lieu of the existing Oregon Avenue which will be vacated,
and a connector road as necessary between the remaining segment of
Oregon Avenue and the new Towne Center Boulevard.
~,Johns Parkway
Acquisition of fights-of way and construction of a four lane connector
road, heretofore referred to as the East/West Connector Road, between
Towne Center Boulevard and Rinehart Road with a sidewalk on the
north side, Street lights, drainage and Storm water pond to serve this
improvement with an out[all to the Lockehart-Smith Canal.
Electrical System Improvements
Extend new power lines along Towne Center Boulevard and the St.
Johns Parkway to serve the Mall, adjacent properties, roadway lighting
system and traffic signalization.
San~' Sewer Improvements
New lift station and force main to serve the Community Redevelopment
Relocation of Existing Utilities
Make necessary reloaations of existing utilities in the Community
Redevelopment Area to accommodate changes In the road system and
drainage system.
Water System Improvements
Extend the 16' water main to serve the Community Redevelopment
Area.
Off-Site Drainage
Improvements to off.site drainage facilities necessary to accommodate
storm water drainage from the road improvements described above.
Sigralization
InStallation and/or modificatin of traffic signals at the intersections of
Towne Center Boulevard with SR-46, the St. Johns Parkway, North
Connector, north mail entrance, south mall entrance, and Rinehart
Road; at the intersections of S.R. 46 with Rinehart Road, and CR-15
(Upssla Road); and at the intersection of St. Johns Parkway and
Rinehart Road pursuant to appropriate Florida. DOT, County, and/or
City standards.
Public Transit Facilities
Installation of bus shelters, additional pavement, and other modifications
to bus lanes for passenger pick-up and discharge on site for public
transit system.
EXHIBIT "A"