694-Twin Lakes Garden Apts,/ CoN-
DEVELOPMENT AGREEMENT
TVVIN LAKES
THIS AGREEMENT ("Agreement") is made and entered into thi ay of
~ ~ 1998, by and be~een'l~ WILLIAM SOUTHWARD, TRUSTEE, whose~
address is ~. o. Box 1567, Sanford, ~lorlda 32772 ("Owner"),
~IN LAKES GARDEN APARTMENTS, INC., whose address is 8535-3 Bay Mead~s
Road, ~153, Jacksonville, Florida 32256 ("Developer"), and THE CI~ OF SANFORD,
a municipal corporation organized and existing under the laws of the State of Florida
("City").
Reci~ls.
A. The Developer has proposed to develop ce~ain real prope~y owned by
the Owner Iotated in the Oit~ of Sanfora, more speoifioall~ de~oribed in Exhibit "A'
a~ached hereto and incorporation herein (the "Prope~y"). The Developer has the
authorit~ to obtain ~ aeveloper's agreement with re~peot to the Prope~y, in
with Florida Statutes.
B. The Developer filed an application to amend the City of Sanford
Comprehensive Plan for a development on the Prope~ to be known as Twin Lakes.
The proposed development consists of approximately fi~-~o (52) acres to be
developed as multi-family residential and resource protection, with the Future Land Use
Designation of MDR-I 5 and RP.
C. The Developers application has been reviewed by the Ci~ of Sanford
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Local Planning Agency and the City of Sanford City Commission, and all public
meetings required by the City of Sanford Land Development Regulations have been
held. ~
.~.
D. After due consideration, on March 23, 1998, the Sanford City Co n
~1~0
voted to approve Ordinance 3357, an amendment to the Comprehensive Plan to all~
574 multi-family units to be developed on the Prope~y. The vote for approval includ[d
a requirement that a Developer's Agreement be entered into in order to memorialize
ce~ain agreements be~een the Developer and the City.
E. The development permitted by this Agreement is consistent with the Ci~
of Sanford Comprehensive Plan and other City land development regulations.
Accordingly, in consideration of mutual benefits and the public interest and other
good and valuable consideration, the receipt and su~ciency of which are hereby
acknowledged, it is hereby AGREED AND RESOLVED by the Mayor and Ci~
Commission of the City of Sanford, Florida, that the Prope~ is allowed to be developed
pursuant to the City of Sanford Land Development Regulations and subject to the
following terms and conditions, with which the Owner and Developer agree:
1. Pursuant to and consistent with the MDR-15 Future Land Use Map
designation of the Prope~, the Developer shall be entitled to develop 574 dwelling
units on the Prope~. Within the southernmost ~enty (20) acres of the Prope~, the
Developer shall be entitled to develop 225 dwelling units, resulting in a maximum gross
density of 11.25 units per acre within this 20-acre potion of the Prope~y.
2. The Developer shall dedicate to the Ci~, either by plat or separate
instrument, its riparian right to boating access to East Twin Lake and West Twin Lake,
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which are bounded in part by the Property. As a result, the project and its residents
shall have no rights to use East Twin Lake or West Twin Lake for boating.
3. The Developer shall have the right to construct a gazebo structure at
lakeshore portion of the Prope~y for use by its residents and their guests.
pp ovals fro~
4. Documentation of any and all required submissions to or a r
Seminole County, the State of Florida Depa~ment of Environmental Protection (DE~
the United States Army Corps of Engineers, the St. Johns River Water Management
District, the United States Environmental Protection Agency, or any other depa~ments
with competent jurisdiction over any aspect of the proposed development shall be
provided to the Ci~.
5. In the event that development requirements are not satisfied, action in
reliance on the development agreement or expenditures in pursuance of its terms shall
not vest any development rights in the Developer. Failure to perform as specified in the
development agreement shall not constitute pa~ial performance entitling the Owner or
Developer to a continuation of the development agreement.
6. This development agreement shall take effect after execution by the
Mayor and the City Commission of the City of Sanford and the Owner and the
Developer. This development agreement shall be appu~enant to and shall run with the
land; however, this development agreement may be amended by wri~en agreement
between the pa~ies and their successors and assigns, following public notice and
hearing(s) in conformance with the Ci~ of Sanford Zoning Ordinance.
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:~n"~' _-I0 A,LNNO0
val~lo9_-I _-Io 31rig
DEVEGDP R
Witnesses: / '~ ' ' /~re)~'
· ~¢~1~,~ evlin sident
m~ Twin Lakes Garden Apa~ments, Inc.,
'
Print na
STATE OF FLORIDA
COUN~ OF
The foregoing instrument was acknowledged before me this ~Y~ day of
~ , 1998, by Wallace R. Devlin, President of Twin Lakes Garden Apa~ments,
Inc., aFIorida corporation, on behalf of the corporation. He is personally known
or who has produced
as identification.
Print nam.
(state number, if any)
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REAL PR'OPERTY DESCRIPTION (OFFICIAL RECORDS BOOK 98. PAGE 297):
W /2 or SE I/4 (less the East 333 reel ol' South 1016 {"eel and be~Zln at .the N~rfheast Corner ru'n West
6.~4 ~eet, thence South g~9.9 feet. thence South II de~reel. 28 linutel East 4~0 reef. thence ~alt
566.4 ~eet, thence North to Beginning), or $ecfjon 32, TownshIp Ig Soulh, Range 30 Jail,