485-Sanford Industrial Park C_Z: 485
~ OFFICIAL RECORDS
BOOK PAGE
569 0078
DEVELOPERS AGREEMENT
SEMINOLE CO. FL.
THIS AGREEMENT, made as ofthisq~ day of h~S(a'j_~ , 1993, by
and between CITY OF SANFORD, a political subdivision of th te of Florida, hereinafter
sometimes referred to as "CiTY", and SANFORD INDUSTRIAL PARK, INC., a Florida
corporation, hereinafter sometimes referred to as the "Owner" or the "Developer", or both.
WITNESSETH THAT:
WHEREAS, the Owner warrants that Owner holds legal ti~e to certain land situated in
the City of Sanford, Seminole County, Florida, as described in Exhibit "A" hereto, such land
to be hereafter sometimes referred to as the "Subject Property"; and
WHEREAS, the Subject Property is substantially undeveloped at the present time and
will require subdividing, planning and the installation of certain capital improvements as it is
developed; and
WHEREAS, the CITY is authorized by Chapter 65-2015, Laws of Florida, the City of
Sanford Land Development and Use Law, and Subdivision Regulations adopted pursuant thereto,
to regulate such development; and
WHEREAS, the Owner, as part of the platting process, previously entered into that
certain Developers Agreement with the City, recorded March 27, 1993 at Official Records Book
2407, Page 0089, Public Records of Seminole County, Florida (the "Prior Developers
Agreement") with respect to the subject Property; and
WHEREAS, the Owner recorded a Plat of the Subject Property at Plat Book 45, Pages
37 through 45, Public Records of Seminole County, Florida; and
WHEREAS, the Owner desires to Replat the Subject Property and has resubmitted
Construction Plans to the City with respect to such Replat, which Construction Plans have been
approved by the City and such Replat has been approved by the City for recordation; and
WHEREAS, the Owner as part of its compliance with the City of Sanford land
Development and Use Law and Subdivision Regulations desires to enter into this Agreement;
and
WIIEREAS, it is the purpose of this Agreement to set forth clearly the understanding
and agreement of the parties with respect to all the foregoing matters,
j
-'.. p?F IClAL RECORDS
2569 0079
NOW, THEREFORE, THIS AG~E~NT WITNESSETH: SEMINOLE C0. FL.
1. The Owner agrees that both it and its successors and assigns will abide by the
provisions of this Agreement and of Chapter 65-2015, Laws of Florida, the City of Sanford
Land Development and Use Law, and the Subdivision Regulations adopted pursuant thereto and
will install or have installed the improvements required by the CITY in accordance with the
provisions of this Agreement and of said law and regulations, which improvements are depicted
on those certain Construction Plans for Silver Lakes Industrial Park, prepared by Donald W.
Mclntosh Associates, Inc. under Job no. 90197, pages 1 through 32, as approved by the City
on March 11, 1993, as same may be revised from time to time with the City's approval.
2. Execution of this Agreement shall give the Developer and Owner the right to plat
or replat the Subject Property prior to any improvement or development in accordance with the
City of Sanford Land Development Regulations and any additional condition or stipulations
imposed on the development of the Subject Property by the CITY at the time of the preliminary
subdivision plan approval.
3. The Owner shall install and complete according to CITY specifications all of the
improvements which are required by this Agreement and the Subdivision Regulations of the
CITY within twenty-four (24) months after the date of the approval of the Replat of the Subject
Property by the City Commission of City of Sanford. Should the undersigned neglect to install
and complete the required improvements in said subdivision within the above mentioned time
limit, the CITY, after thirty (30) days written notice to the undersigned, or successor in interest,
may, without prejudice to any other right or remedy it may have, install or have installed or
completed in the subdivision tract said required improvements. Further, the CITY is hereby
authorized to assess the cost of installing or completing the improvements which the Developer
is required to install and complete hereunder, against the benefitted property in the subdivision
tract and such improvement assessment shall constitute a lien thereon until paid, which lien shall
be superior and paramount to the interest on such property of any owner, lessee, tenant,
mortgagee or other person except the lien of County taxes and shall be on a parity with the lien
of any such County taxes. In the event Owner elects to phase any of the improvements required
hereunder, Owner may bond such improvements for any such phase and shall not be required
to construct such improvements, provided said bond is issued in favor of the City.
4. It is understood and agreed that, upon the construction on or in dedicated rights-
of-way or easements unless otherwise provided herein, by the Owner or Developer of any capital
improvements as required by this Agreement or by the Provisions of the City of Sanford Land
Development Regulations or any other applicable regulations, ordinances or laws of the CITY
from time to time existing, and the acceptance thereef by the CITY will thereafter assume the
cost of maintenance of the same; provided that ail such improvements shall be covered by a
bond suitable to the CITY conditioned to pay for any defects in such improvements which shall
become apparent within two (2) years after acceptance by the CITY in accordance with Section
6.14 of the Land Development Regulations.
5. Anything herein contained to the contrary notwithstanding the CITY shall not be
obligated hereby to furnish any rights-of-way, funds, or materials whatever to the initial
"" t-~ t.~ ~O0. i PAGE
~ns~cdon of new s~ts or r~ds or
Pro~y, or for ~y offier improvement of ~y nat~e wha~ver.
6, ~e Owner u~n ~e ex~udon of ~is A~r~ment, sh~1 pay to ~e CITY ~e ~sts
of r~rd~ ~is A~r~ment ~ Se~nole Count, Flod~.
7. ~s Agr~ment sh~l be bin~ng, ~d sh~l inure to ~e benefit of ~e Subj~t
Pro~ ~d be b~d~g u~n ~y ~r~n, tim, or ~m~on who may b~ome ~e suc~smr
in intorest, dir~y or indir~fly m ~e Subj~t ~.
8. This Agr~ment su~r~es, r~laces ~d renders null ~d void ~d of no ~aher
for~ or eff~t ~e Prior Develo~rs Agr~ment.
~ ~T~S~EEOF, ~e p~es herera have ~u~ ~e~ presents to be sign~
'"~!. .~ .
A~T: ' i ~ .". C~ OF S~O~, a ~li~
,. ~ '., ~., , ~ subdivision of ~e State of Florida
e; Ja~ ~. ~z~a~o~ Smi~, Mayor
Print Name:
SANFORD INDUSTRIAL PARK, INC.,
a Florida corporation
By: William D. Ho ,
'" OFFICIAL RECORDS
" ~ /"', ~OOF, PAGE
2569 0081
STATE OF FLORIDA SEMINOLE C0. FL
COUNTY OF
The foregoing instrument was acknowledged before me this 9th day of
,1993 by Bettye D. Smith as the Mayor of the CITY OF SANFORD, a political
subdivision of the Sate of Florida, on behalf of the City, who executed the foregoing instrument
and acknowledged before me that he executed the same for the uses and purposes therein
expressed and who is personally known to me or = = --who-- -- --has=:: pmdeeed
...................... a~fii~ieation and who d~d (did no0 take an oath.
Joyce M. Rlgg~ns
Name (Printed, Typed, or Stamped)
Personnel Seextetary
Title
Commission Expires: 'f~[~a aovcE a. RIGGINS
' Notary PUik~, Stale ~ Reriela
MI cornre, e~oires N~av. i, 1993
Serial Number (if appli .0. cc~rr~
(SEAL)
STATE OF FLORIDA
couNTy oF
~/L~The foregoing instrument was acknowledged before me this (ff day of ~--~-. , 1993 by William D. Horvitz, as President of SANFORD INDUSTRIAL
PARK, INC., who executed the foregoing instrument and acknowledged before me that he
executed the same for the uses and purposes therein expressed and w. ho is personally known to
me. or who has produeed as identification and who~ (did not)
take an oath.
Name (Printed, Tyr-d, or
Ti~e
MY COMMISSION ~i~: ~B,F~.~94
Commission Expires:
BONOB) THRU G~NERAblNS. 'UND.
· ~, 11:1
Serial Number (if applicable)
(SEAL)
EXHIBIT "'A""
SEMINOLE
Legal Descrip%ion
The following land is located in Seminole County, Florida.
The South 1/2 of the Southeast 1/4 of Section 7, Township 20 South,
Range 31 East, Seminole County, Florida (Less the West 871.2 feet of
the North 625.0 feet, and less the East 800.0 feet of the West 1671.2
feet of the North 685,0 feet, and less the Easterly 100.0 feet of the
West 1771.2 feet of the Northerly 125.0 feet thereof).
The Southeast 1/4 of the Northeast 1/4, and the East 1/,3 of the
Southwest 1/4 of the Northeast 1/4, end the Northeast 1/4 of the
Northeast 1/4, oll in Section 18, Township 20 South, Range 31 East,
Seminole County, Florida.
The South 1/2 of the Southwest 1/4 of Section 8, Township 20 South.
Range 31 East, Seminole County, Florida.
The North 1/2 of the Northwest 1/4 o-f the Northwest 1/4 of Section 17.
township 20 South, Range 31 East. Seminole County. Florida.
Less Tract "1", Silver Lakes Industrial Pork as recorded in Plot Book 45,
Pages 37 through 45 of the public records of Seminole County, Florida.
SUBJECT TO rights-of-way of Silver Lake Rood and Pineway.
Together containing 24-6.853 acres more or less.
5