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426-Hattaway DEVELOPER' S AGREEMENT HATTAWAY/CITY OF SANFORD This Agreement is made and entered into this /~'/ day of ~[A~E 1991 by and between the City of Sanford, whose address is P. Oi Box 1788, Sanford, Florida 32772-1788 hereinafter referred to as "City", and Mr. J. M. Hartaway, whose business address is 162 East Highway 434, Longwood, Florida 32750, hereinafter referred to as "Developer". WITNESSETH: Whereas, on August 12, 1991, the City Commission agreed to participate with the Developer in the construction of a water line extension along South Sanford Avenue to a proposed · subdivision called Rose Hill; and Whereas, it is in the interest of the City to participate in this project to facilitate long range water service planning in this area as outlined in a previous Agreement entered into with the City and Seminole County. Now, Therefore, in consideration of agreements and promises Contained herein, the parties do hereby covenant and agree as follows: SECTION 1. The foregoing recitals are true and correct, and form a material part of this Agreement upon which the parties have relied. SECTION 2. WATER SERVICE 2.1 The City agrees to provide water service to the proposed Subdivision. 2.2 The Developer agrees to submit a recordable annexation petition covering the property prior to advertisement for bid for water line construction. 2.3 The Developer agrees to design the proposed water system to City standards and to develop appropriate engineering plans and specifications for the construction of this project to include railroad crossing details. The size of the proposed water main is a ten inch (10") diameter line. Plans will be subject to review and approval by the City. Developer's Agreement Hartaway/City of Sanford Page 2 2.4 The Developer agrees to acquire all appropr.iate permits for this water line construction project including but not limited to: a) Florida Department of Environmental Regulation b) Seminole County right-of-way use and utility permits c) Appropriate railroad crossing permit 2.5 The City agrees to develop the bid package and receive bids for this water line construction project. 2.6 The City agrees to perform the contract administration an~ i~spection services related to this water line project. 2.7 The Developer's engineer will perform site inspections as necessary to adequately certify completion of the project as required in the appropriate permits. 2.8 The Developer and the City agree to equally split the cost of constructing this water line. The actual cost will be determined after the receipt of bids. The bid amount will be equally split (50% each) between the parties. The estimated total construction cost is $48,320. 2.9 Nothing in this Agreement shall affect any other utility or other development fees otherwise payable. SECTION 3. PROJECT LOCATION The proposed 10-inch water line shall extend from the north side of Silver Lake Drive, south along the eastern side of Sanford Avenue, past the existin~ railroad tracks, and terminating at the proposed Subdivision. The attached sketch is made part of this agreement. Developer's Agreement Hartaway/City of Sanford Page 3 SECTION 4 PAYMENT After receipt of the bids, the City and Developer will evaluate the various bids for completeness and accuracy. ~Before award of the bid by the City Commission, the Developer shall issue the City ~y appropriate form one-half (1/2) of the bid amount, These funds or guarantee of payment must be made prior to the City taking the responsibility and liability for issuance0f this construction project. Any Change Orders issued or site conditions encountered that will alter the contract bid amount will be equally shared between the Developer and City. Any payments due the City by the Developer as a result of contract changes shall be made within thirty (30) da~s of notice. IN WITNESS HEREOF, the parties have hereu~der executed this Agreement on the date and year first above written. ATTEST: CITY OF SANFORD oSv no S ............................. ; CITY OF SANFORD CiTY OF SANFORD LAKE MARY BOULEVARD ~': ) CITY OF SANFORD ' ~ )~ PROPOSED 10" WATER LI~ . ,' WAY ....