1110-Reinstatement Extension-North White CedarREINSTATEMENT, EXTENSION AND AMENDMENT OF WHITE CEDAR -
CHURCH, LLC/ CITY OF SANFORD JOINT FACILITATION OF PUBLIC
INFRASTRUCTURE AGREEMENT PERTAINING TO A PORTION
NORTH WHITE CEDAR ROAD AND CHURCH STREET
THIS REINSTATEMENT, EXTENSION AND AMENDMENT OF JOINT
FACILITATION OF PUBLIC INFRASTRUCTURE AGREEMENT is made and entered into
on the Effective Date described below, between WHITE CEDAR - CHURCH, LLC, a Florida
limited liability corporation, whose address is 1173 Spring Centre South Boulevard #C,
Altamonte Springs, Florida 32714, hereinafter referred to as the "DEVELOPERS AGENT ",
and the CITY OF SANFORD, whose address is 300 North Park Avenue, Sanford, Florida
32771, hereinafter referred to as "CITY ".
W/TNESSETH:
WHEREAS, the DEVELOPERS' AGENT and the CITY have entered, on July 25,
2005, that certain agreement styled "White Cedar - Church, LLC /City of Sanford Joint
Facilitation of Public Infrastructure Agreement Pertaining to a Portion of North White Cedar
Road and Church Street" (hereinafter referred to as the "Agreement "); and
WHEREAS, Section 9 of the Agreement reads as follows:
"SECTION 9. TIME IS OF THE ESSENCE. Time is of the essence of the lawful
performance of the duties and obligations contained in this Agreement. The parties
covenant and agree that they shall diligently and expeditiously pursue their respective
obligations set forth in this Agreement. The CITY may establish a time, not inconsistent
with the provisions of Section 2(D) of this Agreement, by which the Road Improvements will
be accomplished and operational and should such time requirement not be met, the CITY
may terminate this Agreement and proceed, or not proceed, with the completion of the
Road Improvements, as the CITY deems appropriate in its sole discretion" and the right -of-
way necessary for completion of the Road Improvements was not acquired on or before
December 31, 2005 as required by the CITY; and
WHEREAS, the effectiveness of the agreement styled "Right -Of -Way Use and
Indemnification Agreement" between Waste Services of Florida, Inc., and the CITY is
contingent upon the Agreement being in effect in all respects; and
WHEREAS, the City Commission of the CITY hereby finds and concludes that the
provisions of the Agreement should be reinstated, extended and amended as set forth
herein.
NOW, THEREFORE, in consideration of the foregoing, and the premises and the
promises, covenants and agreements herein contained, and of other good and valuable
Page 1
consideration, the receipt and sufficiency of which is hereby acknowledged by the parties
the DEVELOPERS' AGENT and CITY agree as follows:
SECTION 1. REINSTATEMENT AND EXTENSION OF AGREEMENT. The CITY
and the DEVELOPERS' AGENT hereby reinstate the Agreement and the CITY grants the
DEVELOPERS' AGENT until June 30, 2006 to procure all requisite right -of -way and
implement the commencement of the Road Improvements consistent with the terms and
conditions of the Agreement.
SECTION 2. EFFECT UPON RIGHT -OF -WAY USE AND INDEMNIFICATION
AGREEMENT. The CITY hereby allows the effectiveness of the agreement styled "Right -
Of -Way Use and Indemnification Agreement" between Waste Services of Florida, Inc., and
the CITYto continue consistent with its terms and fully and completely contingent upon the
Agreement being in effect in all respects and purposes.
SECTION 3. AMENDMENT OF SECTION 21. Section 21 of the Agreement is
hereby amended to read as follows:
"SECTION 21. NOTICES. Whenever either party desires to give notice unto the
other, notice may be sent to:
For the CITY: Robert (Sherman) Yehl, City Manager
City of Sanford
300 N. Park Avenue
Sanford, Florida 32771
With copy to: William L. Colbert, Esquire
City Attorney
Post Office Box 4848
Sanford, Florida 32772 -4848
For the DEVELOPERS' AGENT Sid Vihlen III, Esquire
Vihlen & Sills, P.A.
1173 Spring Centre S Boulevard #C
Altamonte Springs, Florida 32714
With copies to: Arlen E. Tillis, Vice President
Cox Lumber Company, Inc.
3300 Fairfield Avenue South
St. Petersburg, Florida 33712
Todd N. Pemberton
Page 2
Rand Yard Railway Development, Inc.
204 North Park Avenue #100
Sanford, Florida 32771
Frank M. Ward, Sr.
Sanford Recycling and Transfer, Inc.
2401 South Laflin Street
Chicago, Illinois 60608
Sid Vihlen, Jr.
Rand Yard Railway Development Corporation
204 North Park Avenue, Suite 100
Sanford, Florida 32771
Nigel G. H. Guilford
Waste Services Inc.
1122 International Blvd., Suite 601
Burlington, Ontario 1-71- 6Z8
Canada
A party may change, by written notice as provided herein, the addresses or persons for
receipt of notices."
SECTION 4. NO OTHER CHANGES. Aside from the foregoing, the Agreement is
neither amended nor revised.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
stated below their signature.
ATTEST.•
gkm r
Janet R. Dougherty, Vty Clerk
ATTEST.•
MY COMMISSION d OD460890
EXPIRES: Auput 11, 2009
v
R. Nm M. .t A Co
THE CITY OF SANFORD, FLORIDA
By: - .—
Linda Kuhii, Mayor
Page 3
Date: %, 2006
THIRD EXTENSION OF WHITE CEDAR - CHURCH, LLC /CITY OF
SANFORD JOINT FACILITATION OF PUBLIC INFRASTRUCTURE
AGREEMENT PERTAINING TO A PORTION OF NORTH WHITE CEDAR
ROAD AND CHURCH STREET
THIS THIRD EXTENSION OF JOINT FACILITATION OF PUBLIC INFRASTRUCTURE
AGREEMENT is made and entered into on the Effective Date described below,
between WHITE CEDAR - CHURCH, LLC, a Florida limited liability corporation, whose
address is 1173 Spring Centre South Boulevard #C, Altamonte Springs, Florida 32714,
hereinafter referred to as the "DEVELOPERS AGENT ", and the CITY OF SANFORD,
whose address is 300 North Park Avenue, Sanford, Florida 32771, hereinafter referred
to as "CITY ".
WI TNESSETH:
WHEREAS, the DEVELOPERS' AGENT and the CITY have entered, on July 25, 2005,
that certain agreement styled "White Cedar - Church, LLC /City of Sanford Joint
Facilitation of Public Infrastructure Agreement Pertaining to a Portion of North White
Cedar Road and Church Street" (hereinafter referred to as the "Agreement ") and
reinstated, amended and extended the Agreement such that the Agreement would
expire on June 30, 2006 (the amended Agreement is also referred to herein as the
"Agreement "); and
WHEREAS, the DEVELOPERS' AGENT and the CITY extended the Agreement a
second time prior to the a xpiration scheduled for June 30, 2006; and
WHEREAS, the City Commission of the CITY hereby finds and concludes that the
provisions of the Agreement should be extended for a third time as set forth herein.
NOW, THEREFORE, in consideration of the foregoing, and the premises and the
promises, covenants and agreements herein contained, and of other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged by the
parties the DEVELOPERS' AGENT and CITY agree as follows:
SECTION 1. THIRD EXTENSION OF AGREEMENT. The CITY and the
DEVELOPERS' AGENT hereby agree that the CITY extends to the DEVELOPERS'
AGENT until July 31, 2007 to procure all requisite right -of -way and implement the
commencement of the Road Improvements consistent with the terms and conditions of
the Agreement. It is the intent of the CITY to grant no further extensions to the time
requirement set forth herein.
SECTION 2. EFFECT UPON RIGHT -OF -WAY USE AND INDEMNIFICATION
AGREEMENT. The CITY hereby allows the effectiveness of the agreement styled
"Right -Of -Way Use and Indemnification Agreement" between Waste Services of Florida,
Inc ., and the CITY to continue consistent with its terms and fully and completely
contingent upon the Agreement being in effect in all respects and purposes, but such
that it remains dependent on the existence and vitality of this Agreement.
SECTION 3. NO OTHER CHANGES. Aside from the foregoing, the Agreement is
neither amended nor revised.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date stated
below their signature.
ATTEST.• THE CITY OF SANFORD, FLORIDA
Janet R. Doug hert , City CIA Linda Kuhn, Wyor
Date:
&en',1'��' - 7 2006
—,
ATTEST.•
WHITE C
Sidney L.
URCH
Jr.,
Date: v ' 2006
By: 'o.