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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.