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333-Northstar Business Park DEVELOPMENT AGREEMENT This Agreement is made and entered into on this /J-- day, o~/~/~ , 1989 by and between the City of Sanford (hereinafter called "City"), a municipal corporation under the laws of the State called "Developer"); WITNESSETH WHEREAS, the Developer and the City desire to enter into an agreement to facilitate the ultimate development of Central Park Drive as a through public thoroughfare extending from State Route 46 to the end of presently platted Central Park Drive, as specified in the plat of Sanford Central Park, Plat Book 33, page 65, records of Seminole County; and WHEREAS, the Developer and the City wish to cooperate in the installation of City Utility Impact Fee funded utility lines within the right-of-way of Central Park Drive; and WHEREAS, the Developer proposes to initially plat a portion of his property adjoining State Route 46 and extending southward approximately/2~ feet, with the remaining of his property sche- duled for platting at a later date; and WHEREAS, it is understood that Developer will develop his sub- division, both initial and subsequent phases, in accordance with the development regulations of City of Sanford, requirements of Florida Department of Transportation, and applicable requirements of other governing jurisdictions; NOW, therefore, in consideration of the mutual promises and covenants contained herein, the parties do agree as follows: 1. The foregoing recitals are true and correct. 2. Developer will donate a minimum sixty (60) foot road right-of-way from State Route 46 to the south boundary of his pro- perty at Smith Canal. This property will be donated partly by plat and partly by metes and bounds description as specified on Attach- ment A. Installation of all infrastructure improvements required \ by City of Sanford Development Regulations and applicable rules of other governing jurisdictions shall be installed by Developer, in accordance with appropriate regulations, except as prescribed in this agreement. 3. In addition to description of right-of-way dedicati~ within his property, Developer shall provide a metes and bounds' right-of-way description for dedication of right-of-way to t~'~ City, by the property owner lying immediately ~ the soUth~ to facilitate dedication of necessary right-of-way to connect with the platted portion of Central Park Drive as shown on the recorded plat for Sanford Central Park. Road right-of-way geometry shall be acceptable to the City. 4. The City shall expedite extending of its sixteen (16) inch Impact Fee Funded water main westward along State Route 46 to the intersection with proposed Central Park Drive, and thence southerly within'the dedicated right-of-way of Central Park Drive. Initial extension along Central Park Drive will be for a distance of approximately eleven hundred ten (1110) feet. Further extension of this water main line toward the south to connect with the main water line with in Sanford Central Park will be completed by the City at an appropriate later date. Installation by the City of this water line extension shall be generally in accordance with the attached drawing, labeled Attachment B. 5. City shall exercise its best efforts to complete installa- tion of the water line as described in Attachment B on or about May 31, 1989. Conveyance of right-of-way by Developer must be completed prior to award of the water line installation contract by the City. 6. Developer shall be responsible for any additional water line extensions necessary for his subdivision development, and for the payment of all customa.rily required connection fees and impact fees. ~ 7. City shall use its best efforts to arrange for future installation of an appropriate crossing for Smith Canal and the installation of presently unconstructed sections of Central Park Drive roadway immediately north and immediately south of Smith Canal, connecting with the reasonable terminus of Central Park Drive in Sanford Central Park and the normal terminus of Central Park Drive within the total property of Developer, as would result from the reasonable platting of the property presently owned by the Developer conti~'~ous with Smith Canal, as shown on Attachment A. The City will work closely with Developer, owners of the property to the south of Smith Canal, Seminole County, and FDOT in develop- ing a separate agreement to facilitate the installation of the canal crossing, connecting segments of roadway, and median cut on State Route 46. This separate agreement shall address responsibi- lities for that installation, giving due regard to the value of prior donations of right-of-way, and with due consideration to the tangible and intangible benefits to be received by the various par- ties as result of the creation of a valuable public thoroughfare. Developer responsibility under this agreement, and the separate agreement discussed in this section, shall not include respon- sibility for any improvements to Central Park Drive outside the Developer's overall property boundaries, except a reasonable por- tion of the costs associated with the future median cut on State Route 46, 8. Parties do hereby agree that this Agreement constitutes the full and final agreement between said parties as of the date hereof and that no modifications or amendments thereto shall be binding on either party unless executed with the same formalities hereof. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year first above wrxtten D~