901-Preannexation/Kirchhoff,etc This Prearmexation Agreement is made this ~{;h day of Fcbc u~o,c~ ,2001, by
and between the City of Sanford, a municipal corporation organized and existing under the laws of
the State of Florida, (hereinafter referred to as the "City"), and William E. Kirchoff, Jr. Revocable
Trust, Airport Industrial Parmers, LLC, Strategic Acquisitions Corporation, (hereinafter referred to
as "Developer").
WITNESSETH:
WHEREAS, Developer is the owner of certain real property (hereinafter referred to as the
"Property") described as follows:
Lots 19, 20, 21, 22, 23, 27, 28, 29, 30, 31, 32, 41, 43, and 44 all Sanford Celery
Delta, according to the plat thereof, as recorded in Plat Book 1, Page 75 & 76, Public
Records of Seminole County, Florida.
(The aforesaid legal description has been provided to the City of Sanford by the owner(s) of the afore described
property)
WHEREAS, Developer has caused a petition for annexation to be filed to annex the property
into the City; and
WHEREAS, Developer has requested that the property retain its carrent Seminole County
future land use designation of High Intensity Planned Development-Airport until the City revises
its planning designations around the airport to be consistent with the County's designations; and
WHEREAS, the City has determined that development of the property will be of substantial
economic benefit to the City and its citizens; and
WHEREAS, the City desires to insure that the development of the property and adjacent
City land uses are compatible with surrounding land uses, that adequate public facilities exist
concurrent with the impact with such development, that such development and the City's
comprehensive plan are or will be consistent; and
WHEREAS, the purpose of this agreement is to set forth the understanding and agreement
of the parties with respect to the forgoing, and other matters set forth herein;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein, and other good and valuable considerations each to the other provided, the parties agree as
follows:
1. RECITALS. The foregoing recitals are true and correct and are incorporated into this
agreement by this reference.
Preannexation Agreement
Page 1
OFFICIAL RECORDS
,Oh2 1812
SEMINOLE CO.,F 't
2. ANNEXATION. Developer shall annex the property into ~ae C~ y.
3. COMPREHENSIVE PLAN AMENDMENT. The property is currently designated
under the Seminole County Comprehensive Plan as High Intensity Planned Development-Airport.
Upon armexation of the property the City may in accordance with applicable law proceed to
redesignate the property with reference to the City's comprehensive plan, so long as the uses
authorized for the property under the new City land use designation are consistent with the uses
available under the prior County land use designation.
4. DEANNEXATION. If the City for any reason is unable or refuses to carry out any of
the terms covenants or conditions of this agreement, then Developer at its sole discretion shall be
allowed to dearmex from the City in accordance with applicable law.
5. MODIFICATION. If state or federal laws are enacted after execution of this agreement
which are applicable to and preclude the parties' compliance with the terms of this agreement, this
agreement shall be modified or revoked as is necessary to comply with the relevant state or federal
laws and the intent of the parties hereto; provided, however, the City agrees that it shall not modify
this agreement in any manner which would in any way be inconsistent with the intent of the parties
to provide for development of the property in accordance with the terms and conditions hereof.
6. SUCCESSORS AND ASSIGNS. This agreement and the terms and conditions hereof
shall be binding upon and inure to the benefit of the City and Developer and their respective
successors and interests.
7. TIME OF ESSENCE. Time is of the essence in the lawful performance of the duties
and obligations contained in this agreement.
8. SEVERABILITY. The terms and provisions of this Agreement are not severable, and
in the event any portion of this agreement shall be found invalid or illegal then the entire agreement
shall be null and void.
9. LAND USE APPROVAL. This agreement does not constitute a land use approval.
Developer agrees that Developer must obtain all necessary land use approvals and permits before
Developer begins developing the property.
10. LIMITATIONS OF REMEDIES. Developer and the City hereby agree not to pursue
an award of monetary damages for a breach of or nonperformance under this agreement. The only
remedies available against the nonperforming party shall be either to with_hold flirther performance
under the agreement until the nonperforming party or parties cure the nonperformance or to seek a
court order from the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County,
Florida requiring the nonperforming party to fulfill its obligations under the agreement.
11. FURTHER ASSURANCES. In addition to the acts recited in this agreement, the City
and Developer agree to perform or cause to be performed any and all further acts as may be
reasonably necessary to implement the provisions of this agreement, including the execution and/or
recordation of further instruments.
Preannexation Agreement
Page2
OFFICIAL RECORDS
,,-" hob, 2 1813
SEH|NOLE CO.,FL 't condition
13. OTHER LAWS. The failure of this agreement to address a particular pertin, ,
term or restriction shall not relieve the developer of the necessity of complying with the laws
governing said permitting requirement, condition, term or restriction.
14. DURATION. This agreement shall be for a term of five years.
15. NO JOINT VENTURE. This Agreement does not constitute and shall not be construed
to create a joint venture between the City and the Developer.
WHEREFORE, the parties hereto have caused these presents to be signed all as of the date
and year first above written.
As approved and authorized for execution by the
City Commission at their meeting of
?_IDOl
By:
der, AICP
neering and Planning
Attest:
City Clerk, City of Sanford
William E. KirchoffD~.Revocable Trust
County of
The foregoing insmerit was ac~owledged before me ~s 1 t ~4 day of Mar~ ,
2001 by ~illi~
(who is personally ~own to m~r who produced ~ ~ identification.
~ff~cc;~,l~::lSC~O~70 Not~ Public, State of Vlo~da
Prearmexation Agreement
Page3
" t Ob, 2 IBit+
Willia E. ~ ~6¢bcable Trust
Nixie Colem~, Trustee
County ~ock(
The foregoing insment was ac~owledged before me this G day of ~ar~ ,
2001 by ~ kx/~ f~s of
who is personally ~o~ to me or who produced as identification.
~" ~ Public, State of RotA/~¢~
. '~;.,. ,.,:~:s Ai~~Ers, LLC,
......... By:
Sad ~ g P~er
State of Florida
Co~ty of
The foregoing insment w~ ac~owledged before me ~is I~ day of ~ & ,
2001by ~i ~ J~r ,~M~iA ~+n~ o~e~r+
rwho is persona~} ho~ to maor who produce~ ~ identification.
~ ~O~ D~N~ Cl~ State of Florida
S~ategic Ac ' s Colorations
Sa ent
State of Florida
Co~ty of
Th~ foregoing instant was achowledged before me ~s !~ day of
2001 by ~dlq~ Janet , as ~r~si~.~+ of ~ra~e~i~ ~ ~si~l~s ~p~;~
~who m personally ho~ to m~or who produced -- as id:c~ification.
C:~W~DOWSNT~MP~Fem~t ~cannexafion.~d NOt~ PHb]iC~ State of
Pre~exa~on A~eement
Page4 ~ ~ ~ xPmEs JUN 1 ~, ~70