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:zHi.~0LE C0. FL Agreement - Page 2 of 9
1. The Owner/Developer represents that it is the present owner of the followin9
described property (heroinafter referred to as the "Subject Property"):
SEE EXHIBIT "A," A'I'i'ACHED
2. Unless otherwise agreed to by the City of Lake MaW, all liens, mortgages, and other
encumbrances not satisfied or released of record, must be subordinated to the terms of this
Agreement. It shall be the responsibility of the Owner/Develop&r to promptly obtain the said
subordination, in form and substance acceptable to the City Attorney.
3. The City of Lake Mary in consideration of the terms and conditions of this Agreement
hereby agrees not to oppose the modification of the City of Sanford's Comprehensive Plan as it
relates to the Subject Property changing the future land use designations from Seminole County
low and medium density residential to City of Sanford Residential, office/institutional and the zoning
from Seminole County Agricultural to City to Sanford PD for the proposed Twin Lakes Apartment
Development as generally depicted on Exhibit "B" attached hereto and as modified by the terms
of this Agreement.
4. The Homeowners Association of the Hills of the Lake Mary in consideration of the
terms and condition of this Ageement agree not to oppose the proposed Twin Lakes Garden
Apartments Development as generally depicted on Exhibit "B" hereto and as modified by 'the terms
- of this Agreement. It is agreed by all parties that Exhibit "B" is adraft, and not a binding plan.
· 5. The Developer in consideration of the aforesaid hereby agrees as follows:
A. Pursuant to and consistent with the Future Land Use Map designation of the
property, the Developer shall be entitled to develop up to 636 dwelling units
on the subject property. Within the southernmost twenty (20) acres of the
property, the maximum gross density constructed shall be no more than
12.5 units per acre·
B. On that portion of the subject property that lies within one hundred (100) feet
........
C. On that portion of the subject property that lies north of the property
described in Paragraph B. above, the first row of buildings constructed close
to C.R. 46A shall be no more than two (2) stories in height. For buildings
within the first row of buildings that are substantially perpendicular to the
right-to-way of C.R. 46A, the unit closest to C.R. 46A shall be no more than
two (2) stories, and the remaining units shall be no more than three (3)
stories.
D. The Developer shall construct along the southernmost property boundary,
adjacent to the right-of-way of C.R. 46A, a 6' brick wall of a quality and
Developer//~Lake Mary'~:' Sanford~*~ OwnerJ.Z, fJ'_Ma Hills of Lake Ma~' (~;~, "'
Agreement - Page 3 of 9
character essentially similar to the waft constructed for the development
south of C.R. 46A known as the Hills of Lake Mary.
E. At the entry from C.R. 46A onto the subject property, the Developer shall
construct an entryway feature that includes a fountain(s)essentially
consistent in character with those which may be installed by the Hills of Lake
Mary and install and maintain landscaping essentially consistent with the
residential character of other development along C.R. 46A.
F. The Developer shall provide street lighting along the Developer's entire C.R.
46A apartment property frontage.
G. The Developer shall have its entryway lined up directly with the Bright
Meadow entrance to the Hills of Lake Mary. The Developer will install at
Developers sole cost and expense a traffic light at said entrance, if
warranted, in accordance with FDOT standards. Developer shall provide the
City of Lake Mary with surety in a form acceptable to the City Attomey in an
amount sufficient to cover the costs of installation of the traffic light which
amount shall be adjusted from time to time to ensure the sufficiency of said
surety.
7. This Agreement may be executed in counterparts. The failure of any party hereto
to execute this Agreement shall not release nor alter the obligations of the parties actually
executing this Agreement.
8. In the event it is the desire of the parties hereunto to amend this Agreement or in
any way modify the agreed uses for the Subject Property (as provided herein), the party desiring
to amend the Agreement shall provide notice to the other parties and obtain all applicable
approvals in writing.
9. This Agreement shall run with the land, shall be binding upon and inure to the
benefit of the Owner and its assigns and successors in interest, and the City of Lake Mary and its
assigns and successors in interest. The Owner/Developer agrees to pay the cost of recording this
document in the Public Records of Seminole County, Florida·
10. If any part of this Agreement is found invalid or unenforceable in any court, such
invalidity or unenforceability Shall not affect the other parts of this Agreement, if the rights and
obligation of the parties contained herein are not materially prejudiced and if the intentions of the
parties can be affected. To that end, this Agreement is declared severable.
11. Where notice is herein required to be given, it shall be by certified mail return receipt
requested, addressee only, hand delivery or courier. Said notice shall be sent to the following, as
applicable:
Develope Lake Mar-/"';-,":: \,Sanford//,-~' Owne~2,).,,f' Hills of Lake Ma~_O>'~: ' ' '
?~iMI~(OLE' rr, ~, Agreement - Page 4 of 9
, .,~..r~
OWNE~DEVELOPER THE Cl~ OF SANFORD
REPRESENTATIVES: REPRESENTATIVES:
ira ~lliam Southward, Trustee ~lliam Simmons. City Manager
% dames A. Ha~away. Esquire City of Sanford
P.O. Box ~33 P.O. Box ]788
Orlando, FL 32802 Sanford, FL 32772
Twin Lakes Garden Apts.. Inc., Developer
% damos A. HaRaway. Esquire
P.O. Box 633
Orlando, FL 32802
GI~ OF ~KE MAR~S HOMEO~NER'8 ASSOCIATION
REPRESENTATIVES: OF THE HILLS OF LAKE MARY:
dohn LiRon, City Manager c/o ~sta Community Ass'n Management
City of Lake Ma~ Woma~k & Go.. Inc.
P-O. Box ~50700 P.O. Box ~61606
Lnke Ma~, FL 327~5 Attainonto 8pfin~s, FL 327J6-J606
~2. In the event the proposed Twin Lakes Garden Apa~ments project or such other
names as it may be known by, is not constructed by Developer, and in the event the appli~ble
Comprehensive Plan future land use element and appli~ble zonin~ are not amended to petit an
increase in allowable density or intensity from that presently existin~ as contemplated by this
A~reement; then, and in the event, the owner may apply to the other panics hereto to release
himself and the Subje~ Prope~y from the te~s and conditions of this A~reement, and said other
panics shall not unreasonably refuse 8Hch request.
~3. No terns of this a~reement are to be consteed so as to limit or impede the City of
Sanford's legal authority to ~ntrol the future plannin~ and development pro~sses suffoundin~ the
Developer's proposed aps~ment complex so Ion~ as said a~ions are not in conflict with the terms
of this A~reement.
SZHh~0Uc' g0. FL A~rccmcn~ - Pa~c 5 or 9
S/~N~D, S~D ~ND ~&/~D THIS ~ DAY OF DECE~ER, 1 ~7, IN TH~ P~HSHNCE
OF: /~~~ ~
AGREED AND APPRO D ~Y THE
THE C E
sign and type witness n~me .
"~,~.~/. ft.:. ,i'? i ~; /':/ / P.O. Box 950700
si~ah~ iy~e *itness n~e ' Lake Hazy, ~lor~aa 32795
STATE OF FLORIDA )
couN OF
The foregoing instrument was acknowledged before me on thisl.gdday of ..~X,),
1997, by"T'~n'rt~x~, ~L. CT'c,~.~'.'n~ ,whois / pemonally~owntame
OR who has produced his~er State of Florida Drivels License No.:
as identification and wh~ (did not) take an
8~L: Printed Na~% '
~7: :,~, ~'..:.~,'~'!"
d4/ ~ """"', SEKiROLE CO. FL
· ,'7 Agreement - Page 6 of 9
% , 'i AGREED AND APPROVED BY THE
' ' ,',( THE CITY OF SANFORD
sign and type witness name .~..~ ~
·. /,,..,
STATE OF FLORIDA )
)
COUNTY OF-_%e,,~;
The foregoing instrument was acknowledged before me on this ~.~ day
1997, by Larry A. DaZe , who is ~e~onally kn~ me
OR who has produced his/her State of Florida Drive~s L~cense No.:
as identification and who did (did not) take an
oath.
Publ~
~;~,~'~' ~~g Printed Name '
· '-<. EHINOLE C0. FL Agreement - Page 8 o~' 9
AGREED AND APPROVED BY THE
name ~1 HILLS OF LAKE MARY HOME
sign ancFtype witnes~ OWNER'S ASSOCIATION, INC.
~. o. ~oz 161606
STATE OF FLORIDA ) ~lt~oa~e Springs, ~ 32716-1606
The foregoin~ inst~ent w~s acknowledged before me on this )~ day of ~ ~ .,~,=~.~'. ~ ,
by ~ ~r C ~(: ~%~ r (Q~c who s / pe~onally known to me
as identification and who did (did not) take an
oath.
~o~ Public
S~L:
~ ~. ~ cc4~o~zo
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'~ :(L6~ 3DY~ '96 ~00~ SG~OD3U ~lOlJJO) NOIlaI~DS3G Aluaao~a
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0FFIC!A!.
:-':EHIHOLE '3C. FL Addendure- I of 5
ADDENDUM
THE FOLLOWING CLAUSES 8HALL AMEND THE CONTRACT TQ WHICH THEY ARE
ATFACHED, NAMELY, that AGREEMENT entered into and made as of the ~ F'day of December,
1997., by and between IRA WILLIAM SOUTHWARD, TRUSTEE, as the Owner of the subject
property, and TWIN LAKES GARDEN APTS., INC., a Florida corporation, as the Developer of the
subject property, hereinaffer collectively referred to as the "Owner/Developer" and the CITY OF
LAKE MARY, a Florida municipal corporation and the CITY OF SANFORD, a Florida municipal
corporation and the HILLS OF LAKE MARY HQMEOWNER'S ASSOCIATION, INC., a Florida
corporation, hereinafter referred tO as the "Association.'"
This ADDENDUM is entered into this ~ '{"day of December, 1997', between IRA WILLIAM
SOUTHWARD, TRUSTEE, as the Owner of the subject property, and TWIN LAKES GARDEN
APTS., INC., a Florida corporation, as the Developer of the subject property, hereinafter collectively
referred to as the "Owner/Developer" and the CITY OF LAKE MARY, a Florida municipal
corporation and the HILLS OF LAKE MARY HOMEOWNER'S ASSOCIATION INC., INC., a Florida
corporation, hereina~er referred to as the "Association."
1. The Developer shall donate twenty-five thousand ($25,000.00) to the Hills of Lake
Mary Homeowner's Association (the "Association") for beautification of their
entrances from CR 46A in such fashion as the Association may see fit provided
however these monies shall be used for no other purpose.
(a) The Developer shall make the donation at such time as the
Developer obtains its first building permit from the City of Sanford.
(b) As a result of the deferred contribution as aforesaid, the Association
may expend its own funds for said entrance beautification and reimburse
itself at such time as Developer's contribution is received.
(c) The Developer shall provide the City of Lake Mary and the
Association with surety in a form acceptable to the city attorney in an
amount equal to $25,000 to ensure the donation called for above.
2. Should Developer acquire property along CR 46A adjacent to the Subject Property
for similar usage, the Developer shall develop same in a fashion essentially
consistent with the terms of this Agreement to include without limitation the
extended results of Paragraph(s) 5(B), 5(C). 5(D), and 5(F) of the Contract referred ._,
In further consideration oi' the terms and conditions of this Agreement as agreed to '')° -i"~~''
3. by the Developer and as consideration to the Developer, the City of Lake Mary ~"
hereby agrees to contribute a sum not to exceed four thousand dollars ($4,000 O0)~l!~
for the preparation of the Developer's traffic study to establish the need for a traffic "~l~X:)
signal as provided in Paragraph Three 3(G) of the Contract referred to above. Said ~.,v._
sum shall be paid directly to the billing engineers. The engineers for the traffic
"= ' ' "'
OFFIC!A!, "-"-,',n,'
·. BOOK :..'. "-
Addendure - 2 of 5
:~,EhfiNOLE C0. FL
study shall be ones mutually agreed upon by the developer and the City Manager
for the City of Lake Mary. However, it is recognized that the City of Lake Mary
recommends that the engineers of Seminole County, Rodda, be used. The
aforedescribed sum shall be paid to the billing engineers within thirty (30) days of
their wdtten demand·
4. It is the express intent of the parties that the City of Sanford shall not be expected
or required to collect or pay any of the sums discussed heroin.
5. This Addendure, as well as the parent Agreement shall run with the land, shall be
binding upon and inure to the benefit of the Owner/Developer and its assigns and
successors in interest, and the City of Lake Mary and its assigns and successors
in interest. The Owner/Developer agrees to pay the cost of recording this document
in the Public Records of Seminole County, Florida.
6. If any part of this Agreement is found invalid or unenforceable in any court, such
invalidity or unenforceability shall not affect the other parts of this Agreement, if the
rights and obligation of the parties contained herein are not materially prejudiced
and if the intentions of the parties can be affected. To that end, this Agreement is
declared severable.
SIGN~ D~ ~ AND DELIVERED THIS I ~" DAY OF DECEMBER, 1997, IN THE PRESENCE
OF: ' ~/) '
· . ,, AGREED AND APPROVED BY THE
' · ~,.'. ,~.s -~ - . THE CI
sign and type witness name ~. o. Box 950700
La~e ~a=y, ~o~ ~2795
STATE OF FLORIDA )
)
COUN~ O~'~ )
1997, by ~ ~ E- ~n ~, . who is ~ pemonally kno~ to me
OR who has produced his/her 8rate of Flodda Ddve~s License No.:
oath. ~l~
.
SEAL:
Printed Name
_ __
~: ~_ : ~ ,
..
-' ~//~d~~/.,~.~ ,300~'~
~EHINOLE C0. FL Addendura - 3 o~ 5
AGREED AND APPROVED BY THE
~ ~ ~,~y THE O~ER:
sign and ~ype witness name
/
BY:~ ~~ ~ r~
[~ ~/ I~LLIAM SOOTHWA STEE
sign and type witness name O~ando, ~o~da 32802
STATE OF FLORIDA )
COUNTY OF .~'~,/,~,~,~,~' )
)
The foregoi g instrument was acknowledged before me on this/~' day of
1997, by ~ ~/L.-C/A,,~ .~d~Tv',.F.,? F~ , who is ' personally_known to me _
OR who has produced his/herState ' of Florida Ddver's License No.:
as identification and who did (did not) take an
o,th. l'
-':'~ota~ Pu ,',o
SEAL: No~./R~, S~edF'~,ida
I~.:~ T~m em~.: ~.~zr~ ~..~,~ Printed Name
0FFIC!AL :'-..;.'~::~-~:)'-..
.- .g. 00~:
2076
SEMINOLE C0. FL Addendure - 4 of 5
AGREED AND APPROVED BY THE
.--~,~ / .. k~.^T'~ HILLIS OF LAKE MARY HOMEOVVNER'8
ASSOCIATION, I C.
o BY .
sign and type witness name c/o v-Ista Commull"Iizy ABE ~a~la. gemellt
Womack & Co., Tnc.
1~. O. Box 1.61606
STATE OF FLORIDA All:amoQI:e Springs, FI, 32716-1606
/-
as identification and who did ~id~not) take an
oath.
Notary Public '
SEAL:
Pdn ~ ' ~1- COMMiSSiON NUMBER
OFFICIAL
BOOK "..'. '::'
2077
SEMINOL8 C0. EL Addendunl - 5 of 5
AGREED AND AR ROVED BY THE
a~e THE DEV P G
BY:
· TS
c/o J~es A. ~attaway, Esq.
P. O. Box 633
sign and type witness name Orlando, FL 32802
STATE OF FLORIDA )
OR who ha~ produced f'h,~is)her State of Florida Ddver's License No.:
- ~ 2 L; - C:~ j- - c;l~i & -C) as identification and who didOdid not) take an
oath.
Notary Public
SEAL:
Prjn ":"' yt COMMISSION NUMUicI'~
O~ ~,,O OCT, 25,1998
This document was printed on December 12, 1997
L:\LITX179\HATI'AWAYXDEVLIN2XADDENDUM.TWN