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499-Seminole Towne Center~HUTT$ ~ BOWEN October 21, 1993 VIA HAND DELIVERY GARY M. BAGLIEBT[R ~ATRiNA D* BAKER ARNOLD L. BERMAN ~OSEPH D. BObTON OHRtSTOPHER W. BOYETT BOWMAN BROWN, R A. Mr. William A. Simmons, City Manager City of Sanford 300 North Park Avenue $anford, Florida 32771 Re: Commitment for Completion of EDMUND T. HENRY, ~ DON L. HORN MARY RUTH HOUSTON YOLAN DA CASH *~ACKSON WRITER*$ DIRECT Infrastructure RrC£1Vr. D OCT 2 1 1993 ClT"Y OF SANFOIED, Dear Bill: Please find enclosed two (2) executed copies of the "Commitment for Completion of Infrastructure" signed by Seminole Towne Center Limited Partnership and Seminole Investors. Based on our previous discussions, it is my understanding that delivery of this document completes the requirements for recording of the Seminole Towne Center Plat. Please authorize Janet Donahoe to record the Plat in the Seminole County Public Records at the earliest possible time. Thank you for your cooperation. JGW:cbc Encs. cc w/encs.: Bill Colbert, Esq. (via FAX) Jan Donahoe (via Hand Delivery) Tom Schneider (via FAX) Ris~ Friedman, Esq. (via FAX) Aaron Cohen (via FAX) Joe Cooper (via FAX) ORLANDO 56538.1 - CBC COMMITMENT FOR COMPLETION OF INFRASTRUCTURE COMMITMENT FOR COMPLETION OF INFRASTRUCTURE ("Commitment") made this ~ day of October, 1993, by SEMINOLE TOWNE CENTER LIMITED PARTNERSHIP, an Indiana limited partnership, and SEMINOLE INVESTORS, a Florida general partnership (jointly the "Owners") in favor of the CITY OF SANFORD, a municipality incorporated under the laws of the State of Florida (the "City"). W I TNE $ SETH: WHEREAS, Owners are the owners and holders of the lands described in the proposed plat of Seminole Towne Center (the "plat") approved by the City Commission at its regularly scheduled public meeting on October 11, 1993; and WHEREAS, as a condition of recording the plat in the Seminole County Public Records, the City has required Owners to construct or cause to be constructed those elements of public infrastructure, including roads and utility systems, necessary to serve the platted property. NOW THEREFORE, in consideration of the City's approval and recordation of the plat of Seminole Towne Center, Owners do hereby agree to construct, or cause to be constructed, those infrastructure improvements described in the attached Exhibit "A" needed to service the platted property and which are intended to be dedicated either to the City or to Seminole County upon completion and maintained thereafter by the City or the County as public facilities. The obligation of the Owners hereunder shall be unconditional and shall be completed prior to the issuance of any certificates of occupancy by the City for any building'constructed on the platted property. This Commitment shall inure to the benefit of the City, its successors and assigns and shall be enforced according to the laws of the State of Florida. The prevailing party in any suit to enforce the obligations created hereunder shall be entitled to recover reasonable costs and attorneys' fees incurred in such action. Owners hereby agree to indemnify and hold the City harmless from and against any claim, damage, cost or expense, including reasonable attorneys' fees, incurred by the City and resulting from the failure of Owners to comply with the construction obligations set forth in this Commitment. WHEREFORE, Owners have executed this Commitment on the date and year first above written. SEMINOLE TOWNE CENTER LIMITED PARTNERSHIP, an Indiana limited partnership By: Seminole-Simon Mall Limited Partnership, an Indiana limited partnership, Its General Partner By: S/C Specialists, Inc., an Indian~orporation, a Gene~ By: - ~'~ Herbert Simon, President SEMINOLE INVESTORS, a Florida General Partnership By: SEM-TRS Peripheral Limited Partners~p, an Indiana partnership, a General Partn~-J~,~.~ By: ~ Herb~rt'Simon, General Partner (~) (2) (3) (4) (5) (6) ,"7) (8) (9) Towne Cer~Boufevard Acquisition of fights-of-way and construction of Towne Center Boulevard as a fourqane divided road between SR.46 and Rinehart Road with drainage, IncJuding sidewalks on both sides and street lights as required in lieu of the existing Oregon Avenue which will be vacated, and a connector road as necessary between the remaining segment of Oregon Avenue and the new Towne Center Boulevard. ~,Johns Parkway Acquisition of fights-of way and construction of a four lane connector road, heretofore referred to as the East/West Connector Road, between Towne Center Boulevard and Rinehart Road with a sidewalk on the north side, Street lights, drainage and Storm water pond to serve this improvement with an out[all to the Lockehart-Smith Canal. Electrical System Improvements Extend new power lines along Towne Center Boulevard and the St. Johns Parkway to serve the Mall, adjacent properties, roadway lighting system and traffic signalization. San~' Sewer Improvements New lift station and force main to serve the Community Redevelopment Relocation of Existing Utilities Make necessary reloaations of existing utilities in the Community Redevelopment Area to accommodate changes In the road system and drainage system. Water System Improvements Extend the 16' water main to serve the Community Redevelopment Area. Off-Site Drainage Improvements to off.site drainage facilities necessary to accommodate storm water drainage from the road improvements described above. Sigralization InStallation and/or modificatin of traffic signals at the intersections of Towne Center Boulevard with SR-46, the St. Johns Parkway, North Connector, north mail entrance, south mall entrance, and Rinehart Road; at the intersections of S.R. 46 with Rinehart Road, and CR-15 (Upssla Road); and at the intersection of St. Johns Parkway and Rinehart Road pursuant to appropriate Florida. DOT, County, and/or City standards. Public Transit Facilities Installation of bus shelters, additional pavement, and other modifications to bus lanes for passenger pick-up and discharge on site for public transit system. EXHIBIT "A"