1110-Third Extension-North White CedarTHIRD EXTENSION OF WHITE CEDAR - CHURCH, LLC /CITY OF
SANFORD JOINT FACILITATION OF PUBLIC INFRASTRUCTURE x�"
AGREEMENT PERTAINING TO A PORTION OF NORTH WHITE CEDAR
ROAD AND CHURCH STREET
THIS THIRD EXTENSION OF JOINT FACILITATION OF PUBLIC INFRASTRUCTURE
AGREEMENT is made and entered into on the Effective Date described below,
between WHITE CEDAR - CHURCH, LLC, a Florida limited liability corporation, whose
address is 1173 Spring Centre South Boulevard #C, Altamonte Springs, Florida 32714,
hereinafter referred to as the "DEVELOPERS AGENT ", and the CITY OF SANFORD,
whose address is 300 North Park Avenue, Sanford, Florida 32771, hereinafter referred
to as "CITY ".
WITNESSETH:
WHEREAS, the DEVELOPERS' AGENT and the CITY have entered, on July 25, 2005,
that certain agreement styled "White Cedar - Church, LLC /City of Sanford Joint
Facilitation of Public Infrastructure Agreement Pertaining to a Portion of North White
Cedar Road and Church Street" (hereinafter referred to as the "Agreement ") and
reinstated, amended and extended the Agreement such that the Agreement would
expire on June 30, 2006 (the amended Agreement is also referred to herein as the
"Agreement "); and
WHEREAS, the DEVELOPERS' AGENT and the CITY extended the Agreement a
second time prior to the a expiration scheduled for June 30, 2006; and
WHEREAS, the City Commission of the CITY hereby finds and concludes that the
provisions of the Agreement should be extended for a third time as set forth herein.
NOW, THEREFORE, in consideration of the foregoing, and the premises and the
promises, covenants and agreements herein contained, and of other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged by the
parties the DEVELOPERS' AGENT and CITY agree as follows:
SECTION 1. THIRD EXTENSION OF AGREEMENT. The CITY and the
DEVELOPERS' AGENT hereby agree that the CITY extends to the DEVELOPERS'
AGENT until July 31, 2007 to procure all requisite right -of -way and implement the
commencement of the Road Improvements consistent with the terms and conditions of
the Agreement. It is the intent of the CITY to grant no further extensions to the time
requirement set forth herein.
SECTION 2. EFFECT UPON RIGHT -OF -WAY USE AND INDEMNIFICATION
AGREEMENT. The CITY hereby allows the effectiveness of the agreement styled
"Right -Of -Way Use and Indemnification Agreement" between Waste Services of Florida,
Inc ., and the CITY to continue consistent with its terms and fully and completely
contingent upon the Agreement being in effect in all respects and purposes, but such
that it remains dependent on the existence and vitality of this Agreement.
SECTION 3. NO OTHER CHANGES. Aside from the foregoing, the Agreement is
neither amended nor revised.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date stated
below their signature.
ATTEST. THE CITY OF SANFORD, FLORIDA
Janet R. Dougherty, ity Clerk
ler Linda Kuhn, M or
Date: \ �Vd 7 200 " 7
ATTEST.
WHITE CEDAR- CHURCH, LLC
Sidne Vihlen, Jr., n _ r
By: E»�
Date: '2006