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688-Joes Crab Shack TRI - PARTY DEVELOPMENT AGREEMENT JOE'S CRAB SHACK RESTAURANT eo 1. Dev,eloper of Gateway Plaza Lot 1: 1400 Post Oak Boulevard, Suite 530 Houston, Texas 77056 :_v 2. Owner of Gateway Plaza Lot 1: " Fasion - Gateway Plaza L.P. c:; 225 East Robinson Street ~ Orlando, Florida 32801 cc7 3. Landry's Seafood Ik~ar~x¢~, Ine~ hereinafter referred to as Developer, has filed a site plan and co final plat and final construction plans for a 7750 sfrestaurant to be known as Joe's Crab Shack, ~- on real property located in the City of Sanford, Florida, as described on Exhibit 1 attached x hereto and by this reference incorporated in this agreement (the "Property"). 4. The Developer is the owner or has the authority to obtain a developers agreement with respect c:3 to the Property, in accordance with Florida Statutes. c:~ 5. The proposed development consists of the following: ~ 7750 sf. Restaurant and associated on and off site improvements ~ 6. The application has been reviewed by: >. · The City of Sanford Plans Review Committee ~' · The City of Sanford Planning and Zoning Commission ' ~"(~ 7. All public meetings required by the City of Sanford Land Development Regulations have been c~ held. >_ 8. The development permitted by this development agreement is consistent with the City of }-- Sanford Comprehensive Plan and other City land development regulations. AGREEMENT THEREFORE, it is hereby AGREED AND RESOLVED by the M~tyor and City Commi~on of the City of Sanford, Florida that the Joe's Crab Shack proiect is approved pursuant t~rlhe City of Sanford Land Development Regulations subject to the following terms and condi.t~sas. (At the ~ime ~f this writinb the~na~ enginee~ing p~ans have n~t~et been appr~ved. T~is appr~val is req~red · L " · ~ m finor to City Commission acc~ing this agreement It is am~dpated this approval will beafrthcomin 'a ter ~ remaining issues with Engineering Plans are satisfactorily addressed b.y applicant/engineer.) cx_ 1. The project shall be developed in accordance with the information, data, plans and t.~ commitments contained in theJoe's Crab Shack Construction (Improvement Plans), Gateway o._ Plaza Master Plan, Gateway Plaza Construction (improvement Plans), Gateway Plaza Pond B-2 'l'~- Part5, Development Agreement, Dated January, 6, 1998, Page I Modifications Plans, State Road 46 Corm~ction and Lockhart-Smith Canal Improvements Plans, Final Plat and supplemental information unless otherwise directed by the recommendations enumerated below. For the purpose of this condition, the such plans and information shah consist of all information submitted by the Developer to the City. A. Prior to certificates of completion being issued, all required project improvements shall be constructed, operational and approved by the Administrative Official of the City of Sanford, including ,but not lin~ited to a) Joe's Crab Shack (plans approved ~___P_), b) Pond B-2 Modifications (approval of plans dated June 10, 1997 subject to receipt of Si~, Plan Application and corresponding fee.), and c) State Road 46 Connectiog2ia Lockhart- Smith Canal Improvement (plans approved 12-29-95). r"' 2. In the event that development requirements are not satisfied, action in reliance orrthe__ development agreement or expenditures in pursuance of its terms, shah not est y.~ development rights in the Owner/Developer. Failure to perform as specified development agreement shall not constitute partial performance entitling the Owner or Developer to a continuation of the development agreement. 3. Period of Effectiveness This development agreement shall take effect after execution by the Mayor and the City Commission of the City of Sanford. The development order shall remain in effect for a period of 1 year. 4. Modifications to the Development Agreement The Developer shall submit to the City of Sanford any requests for approval of a proposed change to this Development Agreement. This submission shall be in a format estab/ished by the City and shall include as a minimum the precise language which is proposed for deletion or addition to the development order and a statement summarizing all previous changes that have been made to the development agreement. ,-,, ~-jC~ Cc~_~i~ Whitey Ecks~ein ;": ~ ~ Kerry D. Lyons ~)~.....~ a ~, ~ Brady Lessard · ' ~t ~ Z O Velma Williams Tfi- ParP,' Development Agreement Dated anuary 6 1998 Page 2 ~J~a~,~ ~ ~oZ Vice President 1400 Pos Ho~sm~, Tcx~s 7705~ COY E. SHIELDS F~ison - Gateway Plaza LP.. 225 E~t Robinson Orlando/F[orida52801 STATE OF FLORIDA CO~TY OF O~GE The foregoing instrument was acknowledged before me this day of February, 1998, by Coy E. Shields, who is personally known to me. Tri- Party Development Agreement, Dated January 6, 1998, Page 3 O .FtCI^',- REO0~9,~ ..... .: .... /' l~01~ 3392 1t~38 6~66-969 gg0S-i, 69 (L0i'):Hd ® SEMINOLE C0. FL (IHVAE~"IflO8 ."4~[IFIgVIA[ 09~ aaNMo/~,.Lio a3a Ls/~/~t (I2,I,VHOcIHODNI S,':4£VIDOSSV NO&dI,I, '3NI ~oa~/oaa a3a z6/gt/;~t City of Sanford Department of Engineering And Planning memorandum TO: Mayor and City Commission VIA: Bill Simmons, PE, City Manager ~ DATE: February 13, 1998 SUBJECT: Gateway Plaza Lot 1 Tri-Party Agreement The attached two (2) original agreements executed by the developer and owner are recommended for execution by the City Commission. The agreement involves the southeast comer of State Road 46 and Towne Center Boulevard. It guarantees completion of the culvert over Smith Canal, which is essential to the Crab Shack restaurant, prior to opening the restaurant. co. Bob Walter Russ Gibson Attachments Department of Engineering and Planning Phone: (407) 330-5670 Fax: 330-5679 F:\USERSXWALTERB\TMI~Joe2.cc 1:53 PM DATE