664-Sanford Central Park DEVELOPMENT AGREEMENT
SANFORD CENTRAL PARK, PHASE II
1. Owner/Developer:
Sanford Central Park, LTD.
CBC Industrial Park, Inc. General Partner
Donald C. Bauerle, Jr.
903 West Third Street
Sanford, Florida 32771
2. Authorized Agent:
Loren W. Howard, III
903 West Third Street
Sanford, Florida 32771
(407) 300-3900
3. Sanford Central Park, LTD., hereinafter referred to as Developer, has filed a subdivision
master plan known as Sanford Central Park, Phase II, including a final plat apprnved by the
Sanford City Commission and final construction plans for a subdivision to be known as
Sanford Central Park, Phase II, on real property located in the City of Sanford, Florida, as
described on Exhibit 1 attached 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 to the Property, in accordance with Florida Statutes.
5. The proposed development consists of the following:
3 industrial lots
6. The application has been variously reviewed by:
· The City of Sanford Plans Review Committee
· The City of Sanford Planning and Zoning Commission
· Sanford City Commission
7. All public meetings required by the City of Sanford Land Development Regulations have
been held.
8. The development permitted by this development agreement is consistent with the City of
Sanford Comprehensive Plan and other City land development regulations.
Sanford Central Park, Phase II, Dated June 2, 1997, Page 1
AGREEMENT
THEREFORE, it is hereby AGREED AND RESOLVED by the Mayor and City
Commission of the City of Sanford, Florida that Lots 34, 35 and 36 of the Sanford Central
Park, Phase II subdivision development are allows to develop pursuant to the City of
Sanford Land Development Regulations and subject to the following terms and conditions:
1. Site development permits and building permits may be issued for Lots 34, 35 and 36 subject
to the following conditions and stipulations:
a. Development Plans, including site plan and engineering plan components, are
approved by the City of Sanford.
b. Final Construction/Improvements Plans for Sanford Central Park, Phase II shall be
approved by the City of Sanford
c. The Development shall have obtained a site development permit for the
infrastructure, i.e., all improvements induding streets, water, sewer, drainage, etc.,
for Sanford Central Park, Phase II.
2. Certificate of Occupancy for buildings and improvements upon Lots 34, 35, and 36 shall
not be issued unless and until the following conditions and stipulations are met.
A. The project shall be developed in accordance with development plans approved
by the City of Sanford.
B. The City has accepted all improvements and infrastructure required to be
constructed as part of Sanford Central Park that are to be dedicated to the City.
C. The revised plat of Sanford Central Park is recorded by the City of Sanford.
D. In the event that conditions b. And c., above, have not met, the following alternative
conditions and stipulations shall be met:
1, Potable water, sanitary sewer and reclaimed water systems shall be completed
to serve the lots in question in the manner prescribed in the Final
Construction/Improvement Plans for Sanford Central Park, Phase II and
approved by the City of Sanford.
2. The site in question shall provide for its own on-site drainage system.
3. The project shall consist of no more than a total of three industrial lots as set forth and
described herein.
4. Additional conditions and stipulations are as follows:
Sanford Central Park, Phase II, Dated June 2, 1997, Page 2
a. Building Pad Elevation - The building pad/finished floor elevation shall be sixteen
(16) inches above the center line of Central Park Drive.
b. Prior to certificates of occupancy being issued, all required project improvements
shall be constructed, operational and approved by the Administrative Official of the
City of Sanford.
c. During the time that this agreement is in effect, it shall be appended to all building
permits, site development permits and purchase agreements involving the property
in question.
5. Documentation of any and all required submissions to or approvals from Seminole County;
the State of Florida Department of Environmental Protection (DEP), the United State
Army Corps of Engineers; the St. Johns River Water Management District; the United
States Environmental Protection Agency; or any other departments with competent
jurisdiction over any aspect of the proposed development shall be provided to the City.
6. 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 partial performance entitling the Owner or Developer to a
continuation of the development agreement.
7. The Developer(s) hereby agree to indemnify and otherwise hold the City of Sanford
harmless for and against any cost, expense or damage incurred during and/or arising from
construction upon or otherwise related to the property subject to this agreement.
8. Period of Effectiveness. This development agreement shall take effect after execution by the
Mayor and the City Commission of the City of Sanford and the Developer. The
development order shall remain in effect for a period of 6 months. The effectiveness of this
development agreement may be extended upon written agreement of all parties.
9. 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 established 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.
Sanford Central Park, Phase II, Dated June 2, 1997, Page 3
ATTEST:
Sanford Central Park
Sanford Central Park, Phase II, Dated June 2, 1997, Page 4
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This AGRF. Da~2qT. signed and sealed the day and year above
City of S~'fford
ATTEST:
1
APPROVED AS TO FORM AND LEGALITY
for ~he us~ and r~lianc~ of the
City of Sanford, Florida only
City Attorney
Sanford, Florida '
ATTEST: z/'--~ S ,~~ r~s, ~.
B Y: ~L~/~~-
Sworn m and subscribed ff~ely and voluntarily Eor ~ p~n~oses
before me by' ],n~"J]/~q e ~,~ , who is
STENSTROM, McINTOSH, COLBERT, WHIGHAM & SIMMONS, P.A.
ATTORNEYS AND COUNSELLORS AT LAW
SUNTRUST BANK · SUIT~ ~
200 WEST FIRST STR~T
pOST OFFICE F~OX 4B4B
WIlLiAM L, COLBERt SANFORD. FLORIDA 3~77~-~848 KeNNeth W.
FRANK C. WNIGHAM ~ANFORD (407) 3~-~i7i S+ KirBY MONCRIEF
CLAYTON D. S~MMONS O~LANDO {407) 634-5ii~ Of COUNSE~
March 25, ~ 998
,
Bill Simmons, City Manager
CI~ OF SaNFORD haND DEIIVERED
300 N. Park Avenue
Sanford, FL 3277~
Re: Sanford Central Park Phase li
Dear Mr.
Pursuant to your request, I have reviewed the proposed A~ree~ebt (Pe~or~a~ce
Payment) between U.S. Site Contractors, Inc, and the City of Sanford. it is in a ie~aliy
a~ptabie format and when executed by the pa~ies and a cash bond is posted, it will be
ebforceabie i~ a~orda~ce with its ter~s.
Please conta~ us if we may be of fu~her assistance,
Sincerely,
i iam L. Co eft ~ ~d(/l~f/,J'