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AGREEMENT TO DEDICATE A PRIV ATE RIGHT OF WAY AND t.; ~~ ;;;
INCORPORATE THE PRIVATE RIGHT OF WAY INTO THE ,"- ~~ g
PUBLIC ROAD SYSTEM OF THE CITY OF SANFORD ;~~ ,!1'1 C'.I
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01 WHEREAS, Owner{ s) is/are owner( s) of certain real property encompassing, incorporating, ~~ ~ P
l:: or abutting a private right of way located in Seminole County, Florida, which is more particularly ~~, ~~~
~ described on Exhibit "A" attached hereto (hereinafter referred to as the Private Right of Way); and :~ (')
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"'Cf WHEREAS, the City of Sanford (hereinafter the "City") desires to promote the health, ~
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<B safety, and welfare of the citizenry by providing emergency personnel access to all residents; and ,:::>
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00 WHEREAS, the Owner(s) desire(s) that the City of Sanford assist them in bringing the f.fi
~ condition of his/her/their Private Right of Way up to the standards set forth for public roads in the ~
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~ City of Sanford and recognize that it is the lawful policy of the City to require dedication and ?
ciS incorporation as a condition of the provision of such needed emergency access service: and ~~;
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~~ WHEREAS. it is anticipated that the Private Right of Way will be appropriate for dedication ~
~ and incorporation into the City public road system: and ("')
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~ WHEREAS, the City has passed legislation to facilitate the improvement of private roads 2
~ upon dedication and incorporation as a Public Road: and !ii
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~\9 l:f WHEREAS, the purpose of this Agreement is to set forth the understandings and agreements ~~
'\ a of the parties with respect to the foregoing, and other matters as set forth herein; and ;;;
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8' ~~EREAS. this Agreement is au~h~rized. permitte~ by, and consistent with t~e provisions ,;~
'" of the City s Home Rule Charter; the City's ComprehenSive Plan; the Sanford City Code, the '(I)
,~ applicable provisions of the Florida Statutes, the Constitution of the State of Florida, and other ~ii
~ applicable law. and serves and advances a vital public purpose, (.'.:'
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8 . NOW, .THEREFORE. for and in conside~ation,of the mutual covenants ,and agreeme~ts ,;
g. contamed herem, and other good and valuable consideratIOn each to the other prOVided, the rece;~ . ,~~)
~ and sufficiency of which is hereby acknowledged. the parties on this ~day of ~ 20tyr, <(3. . If!),
~ agree as follows: J ./~hI' f}.'
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I (l) The above recitals are adopted as the findings of the City's governing body, the City ~
Commission CC,
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~ (2) The above recitals are true and correct, are incorporated into this Agreement by ::
0::: reference thereto. and form a material part of this Agreement upon which the parties have relied, 1;::
including. but not limited to. the assertions that the Owner(s) owns the real property encompassing, =...
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incorporating or abutting the Private Right of Way and is/are empowered to enter into this
Agreement and make binding commitments,
Section 2. Incorporation. The Owner(s) hereby irrevocably dedicates the Private Right of
Way to the City and petitions the City for incorporation of the Private Right of Way into the City,
This Agreement is irrevocable and shall touch and concern and burden the Private Right of Way and
the real property encompassing. incorporating or abutting the Private Right of Way in accordance
with the provisions of this Agreement. The City accepts the dedication and shall incorporate the
Private Right of Way into the public road system and shall notify such appropriate entities as may
be required by the provisions of State law,
Section3. Incorporation Fees, It is understood and agreed that the Owner(s) shall pay, upon
demand, all fees, costs and expenses resulting, on account of, or in connection with the City's review
and processing of the Petition for Incorporation and this Agreement and the incorporation of the
Private Right of Way into the public road system; provided, that the Owner(s) shall pay his/her/their
own attorneys' fees and consulting fees, if any.
Section 4. Repair of Private Right of Way. It is understood and agreed that the City shall
endeavor to repair and improve the Private Right of Way subsequent to dedication and incorporation
into the City system in order to bring the condition of the Right of Way up to the standards and
specifications provided in the Land Development Regulations and other pertinent applicable
regulations. The City shall endeavor to complete these repairs and improvements within five years
of the dedication and incorporation of the Private Right of Way so as to coordinate with the City's
Five- Year Capital Improvement Program, v. -iri/~
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Section 5. Special Assessment. It is nderstood and agreed that the Owner(s) shall pay, upon
demand, a special assessment totaling fifty percent (50%) of the cost to bring the condition
of the subject Right of Way up to the standards and specifications provided in the Land Development
Regulations of the ~ Code and other pertinent Jflicable regulations. \Ok \ c~ < + ~ c t- ~
-tc exceu( ~C? ()~O. per f<.-J S8 G, bso." kUe-- M-eot G IlCOlg. ,tlW. /
Section 6. Develop~ent Conditions. In accordance with State law, the conditions of an~__
Seminole County development approval(s) set forth in Seminole County's development orders and
development permits relating to the subject of Right of Way shall continue to be in full force and
effect upon and after the incorporation of the Private Right of Way into the City's public road system
until such actions may be modified by the City in accordance with the provisions of the City Code
and State law. The Owner(s) shall ensure that the City is fully appraised on all issues relating to any
prior approval(s) of development orders and development permits,
Section 7. Limitation of Funding Obligations. 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 repair or improvement of the Private Right of Way.
Section 8. Effectiveness of Agreement. This Agreement shall become effective upon its
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being duly executed by all of the parties hereto, The Owner(s) agrees to indemnify and hold
harmless the City from and against all claims, assertions, damages, judgment and lawsuits arising
from the acts or omissions of the Owner(s) or his/her/their officers, employees, or agents under and
pursuant to this Agreement.
Section 9. Time is of the Essence. Time is of the essence in 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 10. Duty to Cooperate/Comprehensive Plan Amendment, etc.
The City will initiate the appropriate amendment(s) to the City's Comprehensive Plan and the
Owner(s) will cooperate with the City by providing the City with all necessary and desirable data and '
analysis to transmit the proposed amendment(s) and submit the adopted amendment(s) to the
appropriate State authorities. Furthermore, Petitioner agrees to grant and convey such easements,
utility and otherwise, as may be required by the City from time to time, to maintain the Right of Way
once it becomes incorporated into the public road system.
Section 11. Further Assurances. In addition to the acts recited in or set forth in this
Agreement, the City and the Owner(s) 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 ofthis
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 12. Limitations of Remedies. 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 either the Owner(s) or the City to pursue any and
all available remedies, if any, whether at law or in equity 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 by the execution of the Agreement.
Section 13. 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 provisions or conditions
hereof, other than the parties hereto and their respective representatives, successors and assigns.
Section 14. Binding 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
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Agreement and to undertake all obligations imposed on it.
Section 15. Recording. The City shall, within five (5) business days following execution
of this Agreement, record a fully executed counterpart of this Agreement in the Public Records of
Seminole County, Florida.
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. Venue. In any action or proceeding required to enforce or interpret the terms of
this Agreement, venue shall be in Seminole County. Florida.
Section 18. Effect of Change 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 the dedication and incorporation of the Pri vate Right of Way in
accordance with the terms and conditions hereof.
Section 19. Construction or Interpretation of the Agreement. This Agreement is the
result of bona fide arms length negotiations between the City and the Owner(s), 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.
Section 20. Attorneys' 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 21. Captions / Exhibits.
(1) 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,
(2) The exhibits to this Agreement are hereby incorporated into this Agreement and are
an integral part of this Agreement.
Section 22. Parties Bound. Following the recordation of this Agreement, the benefits and
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burdens of this Agreement shall become a covenant running with the title to the real property
encompassing, incorporating or abutting the Right of Way, and all parts and parcels thereof, and this
Agreement shall be binding upon and inure to the benefit of both the City, and the Owner(s) and
his/her/their assigns, successors in interest, and their personal representati ve( s) to the said properties,
and all parts and parcels thereof.
Section 23. Severability. 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 24. 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
(electronic transmittal is not acceptable as a form of notice in this Agreement):
To the: City Manager
300 North Park A venue
Sanford, FL 32771
and
Planning and Development Services
300 North Park A venue
Sanford, FL 32771
and
City Clerk
300 North Park A venue
Sanford. FL 32771
Section 25. Entire Agreement. This Agreement constitutes the complete and entire
agreement between the City and the Owner(s) 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 26. Modification. This Agreement may not be amended, changed. or modified, and
material provisions hereunder may not be waived, except by a written document, or equal dignity
herewith, approved by the City of Sanford City Commission, the Owner(s), and signed by all parties
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to this Agreement.
Section 27. 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.
WHEREFORE, the parties hereto have caused these presents to be signed all as of the date
and year first above written,
SIGNATURE PAGES FOLLOW
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ATTEST: CITY OF SANFORD \ ~(; . ,. ,;' .' ..'. ~) ,/.
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Linda K n, MayO~
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
The foregoing instrument was acknowledged before me this / /ll'<if1Y of ,20012 c:I--
by Linda Kuhn, the Mayor, for and on behalf of the City of Sanford, Florida, ho are personally
known to me and who did not take an oath,
WITNESS my hand and official sea! this II-It-. day of t/.{, , 200F~-'
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(Seal)
For the use and reliance of the City of
Sanford only, Approved as to form
and legal sufficiency.
/s/ Kenneth W. Mcintosh
Kenneth W, McIntosh, Assistant City Attorney 14
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W]J;M:;ftL
SIgnature 19na
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Signature Address
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Printed Name
ST A TE OF FLORIDA )
COUNTY OF SEMINOLE )
The foregoing instrument~ acknowledged before me this '" 8 ~ day of
.Ji.Il'"'/ ' 20~ Jet:. ,r'A'J.t~ who IS personally known to me and who did not
~~MO~.' .~
WITNESS my hand and official seal this a.f! day of .Jill L "-I , 200~
#YPll~ Notary Public State of Florida SiC!?tYhtL
~~~ Ron V Mohr
. . My Commission DD424165
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(Seal) OFf\'
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Printed Name (NotaIY Public)
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OWNER:
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Signature
[M-e r C~l') ~€~ (Y\. l~h~\-+Nke(
Printed Name Printed Name/Title
l-lI-1.!~ ;:,>\n LOb, ~~OD( w\\~ 0.lc ~-\'D'cl) ~.l
Signat e Address ' 33JI3
(V\ I'Va- B~~r(
Printed Name
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
. The foregoing instrument was acknowledged before me this ~9+-h day of
~uJ.,ct ' 200j, by~ V'~ Wh: ~who is personally known to me and who did not
take an ath, ,-900S'" _ ,~OOP
WITNESS my hand and official seal this dqth day of ~ ' 266'1.
m~,.Nt~ ~1\,-&~
"~f. JULIE.. BOweN
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",..., Printed Name (Notary Public)
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EXHIBIT" A"
Tract A, Whippoorwill, according to the Plat thereof as recorded in Plat
Book 40, Page 60 of the Public Records of Seminole County, Florida.
T:\Development Review\03-Land Development\2008\Whippoorwill Court\EXHIBIT A.doc