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1110-Infrastructure Ag-Cedar RdWHITE CEDAR - CHURCH, LLC/ CITY OF SANFORD JOINT FACILITATION OF PUBLIC INFRASTRUCTURE AGREEMENT PERTAINING TO A PORTION OF NORTH WHITE CEDAR ROAD AND CHURCH STREET mil THIS 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 "DEVELOPER ", and the CITY OF SANFORD, whose address is 300 North Park Avenue, Sanford, Florida 32771, hereinafter referred to as "CITY ". WI TN ES SETH: ✓? WHEREAS, members of the DEVELOPER are owners of certain real property located in an area proximate to North White Cedar Road and Church Street; and d WHEREAS,, the CITY has assumed jurisdiction over North White Cedar Road and Church Street (collectively the "Road "), former Seminole County roads, pursuant to an interlocal /intergovernmental agreement with Seminole County, approved by the Board of County Commissioners on October 12, 2004, and other implementing actions all taken in accordance with the provisions of Chapter 334, Florida Statutes; and WHEREAS, the CITY has a great interest in developing the Church Street area as an economic development center and a potential alternative transportation corridor to the current United States Highway 17/92 corridor thereby, potentially, providing for alternative uses of the United States Highway 17/92 corridor as it meanders along the shores of Lake Monroe; and WHEREAS, improvement of Road would be advantageous to Developer; and WHEREAS, to effectuate those goals and objectives the DEVELOPER at CITY's request, is willing to make certain road improvements to transportation infrastructure and facilities pertaining to Church Street from its intersection with County Road 15 running eastward to the intersection of Church Street with North White Cedar Road as depicted on Exhibit A attached hereto, in accordance with approved right -of -way maps and plans and construction plans developed to CITY standards and requirements and as approved by the CITY (hereinafter referred to as the "Road Improvements "); and WHEREAS, the CITY desires to improve the transportation system in the CITY and in areas that provide economic benefits to the CITY and to thereby benefit the citizens of the CITY; and WHEREAS, the DEVELOPER recognizes and agrees that the approval of this Agreement does not represent the CITY's approval nor guarantee the CITY's approval of nor express the CITY's intent to approve, nor bind the CITY as to any matter whatsoever with regard to the CITY's review of any projects located near or along the Road Improvements, or Page 1 any required commitments with regard to the development of any property located along or near the Road Improvements, which may result from the independent and unrelated development review processes and procedures; and WHEREAS, the parties have been advised by Florida Power and Light Company that utility facilities that must be moved and relocated in order to accomplish the road improvement project contemplated herein will be moved and relocated without cost under the provisions of Section 337.403(1), Florida Statutes; WHEREAS, the CITY has determined that the terms and conditions of this Agreement are in the best interests of the public health, safety and welfare of the citizens of the CITY and provide for a public benefit; and WHEREAS, the City Commission of the CITY hereby finds and concludes that the provisions of this Agreement are consistent with the CITY's Comprehensive Plan and will result in the provision of enhanced traffic circulation. 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 DEVELOPER and CITY agree as follows: SECTION 1. RECITALS. The recitals, set forth above, are true and correct and form a material part of this Agreement upon which the parties have relied. SECTION 2. CONSTRUCTION CONTRACTS. (A) The DEVELOPER covenants and agrees to obtain competitive bids for the construction of the Road Improvements within sixty (60) days the date of the CITY directs the DEVELOPER to proceed with construction of the said Road Improvements by means of the CITY issuing to the DEVELOPER a Notice to Proceed. The Notice to Proceed shall be issued by the CITY promptly following the receipt by the CITY of confirmation of the issuance of all requisite permits for the Road Improvements and the acquisition by the CITY of fee simple title to the right -of -way required for the construction of the Road Improvements as set forth on Exhibit A attached hereto. Moreover, the CITY agrees not to so notify the DEVELOPER until all rights -of -way have been obtained. If such rights of way have not been obtained by December 31, 2005 this Agreement shall be null and void. (B) The DEVELOPER covenants and agrees to exercise all due diligence and to act in good faith in seeking the lowest and best qualified bidder for constructing the Road Improvements. (C) The selection of a Road Improvements construction firm shall be made only with the CITY's prior approval which shall not be unreasonably withheld or delayed and copies of all bid documents shall be provided for the CITY's review. (0) Within sixty (60) calendar days from the date the bids for the Road Improvements are received by the DEVELOPER, the DEVELOPER shall use reasonable efforts Page 2 to award and enter into a construction contract, consistent with the terms of this Agreement, with the qualified road construction company whose bid is the lowest and best acceptable bid as determined by the DEVELOPER with reasonable consultation with the CITY. The construction contract shall be awarded not more than one hundred twenty (120) days from the date of the Notice to Proceed. The construction documents shall require the Road Improvements contractor to complete, the project within eighteen (18) months from date of Notice to Proceed. (E) The DEVELOPER shall award and enter into such other contracts for the construction of the Road Improvements with such other contractors, subcontractors, suppliers and professional service providers as and the DEVELOPER shall determine to be reasonably necessary to complete the Road Improvements in accordance with the terms of this Agreement. (F) The Road Improvement contracts entered into between the DEVELOPER and the Road Improvements construction contractor shall contain the following terms: (1) The Road Improvements contractor shall covenant not to place any lien of whatsoever type or nature on any property owned by the CITY and shall covenant to include similar provisions of prohibition in each subcontract. (2) The Road Improvements contractor shall furnish payment bonds and performance bonds each in an amount of not less than one hundred and ten percent (110 %) of the construction contract, naming the DEVELOPER and the CITY as equal co- insureds, but with the CITY and DEVELOPER each having the unilateral right to call and make demand upon said bonds; provided, however, that the CITY agrees that it will only exercise its right to call and make demand upon said bonds in the event of default by the DEVELOPER. (3) The CONTRACTOR shall furnish to the CITY a maintenance, materials and workmanship bond in an amount of not less than ten percent (10 %) of the Road Improvements construction contract fully guaranteeing maintenance and repair of the Road Improvements and any other related work for a period of not less than two (2) years after issuance of the Certificates of Completion and guaranteeing the materials and workmanship used In the construction of the Road Improvements and any other related work against defects for the same period. The CITY shall have the unilateral right to call and make demand upon said bond. Nothing herein shall relieve any person from such bonds as they are required to furnish pursuant to the Land Development Code of the City of Sanford unless specifically set forth herein. (4) The CITY shall have the authority to perform, as it deems appropriate and desirable, construction inspections of the Road Improvements in order to ensure performance and in accordance with the terms of the Road Improvements construction contract and all applicable laws, rules and regulations. (5) A retainage of not less than ten percent (10 %) shall be provided for and enforced, unless specifically approved by CITY. (6) Coverage of the DEVELOPER by means of warranties, guarantees, Page 3 liabilities, indemnifications, covenants, bonds and insurances that typically run to a party to a road improvement construction contract. The Road Improvements construction contract shall assign such warranties, guarantees, liabilities, indemnifications, covenants, bonds and insurances, as are assignable, to the CITY at the time that the Road Improvements are conveyed to the CITY the DEVELOPER taking care to ensure that all such matters that are reasonably assignable are, in fact, assignable. The CITY shall be deemed a third party beneficiary to the contract. Page 4 (7) Providing that, in the event of default or breach by the DEVELOPER or the DEVELOPER's inability to perform, the CITY may assume the contractual position of the DEVELOPER and exercise all rights and privileges under the said contract and upon request by the CITY the DEVELOPER shall cause all of the said rights and privileges to be assigned to the CITY. (8) Such other terms and conditions as the CITY may reasonably require. (G) As a condition precedent to the CITY's obligations hereunder, the DEVELOPER shall deliver to the CITY for the CITY's prior review and approval any and all plans, specifications, drawings, financial and cost projections, construction and other contracts and corresponding prices prepared for the DEVELOPER regarding the Road Improvements to be constructed. The CITY's approval shall not be unreasonably withheld provided said plans, specifications, drawings, financial and cost projections, construction and other contracts and corresponding prices are accomplished in accordance with generally accepted engineering standards. Under absolutely no circumstances shall the review by the CITY impose on or upon the CITY any liability whatsoever to the DEVELOPER or any other person for faulty design or construction of the Road Improvements. It is acknowledged by the parties that the CITY's review contemplated in this Section is only and solely for the benefit of the CITY and for the purposes of determining the operational acceptability of the Road Improvements and for no other purpose whatsoever. Nothing in this Section shall relieve the DEVELOPER of its obligations under applicable CITY regulations and procedures except as may be specifically provided herein. SECTION 3. PROJECT BUDGET - ANTICIPATED COSTS This Agreement has been entered into by the parties based on certain estimates regarding the cost of accomplishing the Road Improvements set forth herein. The construction is estimated to cost the DEVELOPER the sum of ONE MILLION FIVE HUNDRED THOUSAND AND NO /100THS DOLLARS ($1,500,000.00). SECTION 4. DEVELOPER'S DUTIES DURING CONSTRUCTION In addition to all other covenants, obligations, duties and responsibilities set forth herein, during the course of this Agreement the DEVELOPER shall: (A) Administer and supervise, in conjunction and in cooperation with the CITY, all construction or construction related contracts to accomplish construction of the Road Improvements in accordance with the plans and contract documents; provided, however, that such efforts shall be coordinated with the City of Sanford Engineer to the extent reasonably practicable. The DEVELOPER shall, at the CITY's request, participate in public hearings or forums relating to the implementation of this Agreement, the Road Improvements or related matters. (B) Review and approve all payment requests submitted for labor, materials or services used in the construction of the Road Improvements and provide copies of same to the CITY within seven (7) calendar days after receipt of same. (C) Obtain any and all necessary lien waivers or releases in connection with payment requests or disbursements. Page 5 (D) Furnish a full and final accounting of all construction costs and disbursements in accordance with generally accepted accounting principles. (E) Obtain any and all local, regional, State and Federal permits necessary for the Road Improvements. (F) Obtain "as built" surveys by a Florida licensed land surveyor for the Road Improvements as may be reasonably determined to be necessary by the CITY. (G) Make all timely and proper payments of accurate and payable valid invoices received from any and all contractors or subcontractors. (H) Schedule and request inspections of the construction of Road Improvements when and as required by the CITY or as otherwise may be required. (1) At no time shall the DEVELOPER or any of the property owners listed above be deemed to have any right, title or interest in CITY rights of way or the improvements or infrastructure thereon, except as set forth herein. (J) At the option of the DEVELOPER, either (1) maintain an account at a financial institution acceptable to the CITY in an amount sufficient to cover all DEVELOPER 's costs and expenses and earmarked for said purpose or, in the alternative, or (ii) cause a letter of credit to be issued in favor of the CITY guaranteeing that the DEVELOPER share of the construction costs shall be paid. SECTION 5. CITY DUTIES. During the course of this Agreement CITY shall: (A) Periodically inspect the Road Improvements within a time period practicable to the CITY after a request by the DEVELOPER for inspection. (B) Expeditiously review and act upon any permit applications submitted to the CITY for the construction of the Road Improvements in accordance with standard CITY procedures. (C) Issue a Certificate of Completion for the Road Improvements after a satisfactory inspection and satisfactory corrections, if necessary. (D) Consider any applications for transportation impact fees under the existing codes and ordinances of the CITY as may be permitted under said codes and ordinances. (E) To the extent that the CITY may order a public utility to relocate utilities, without cost to the CITY, the CITY shall exercise its lawful powers to require the relocation of utilities without cost to the CITY. The CITY recognizes that this Agreement is premised upon the fact that any and all utility poles and structures will be removed from the CITY's rights -of -way without cost under the provisions of Section 337.403(1), Florida Statutes. The parties recognize that should this utility issue not be fully resolved, prior to the commencement of performance under the terms of this Agreement, this Agreement, at the option of the DEVELOPER, shall be void -able; provided, however, that, should any such issue arise after construction has commenced, the parties agree to engage in bona fide good faith negotiations Page 6 to endeavor to continue the implementation of the Road Improvements construction project in a mutually agreeable manner and at no additional cost to DEVELOPER consistent with the public interest. SECTION 6. TRUCK USAGE. The DEVELOPER agrees that North White Cedar shall not be used for purposes that are prohibited under generally applicable traffic regulations. SECTION 7. REASONABLE APPROVAL. In those instances in this Agreement in which a party's approval, consent or satisfaction is required, then it shall be implied that such action shall be exercised in a reasonable manner and within a reasonable time frame. SECTION 8. REMEDIES. Each party shall have any and all remedies as permitted by law; provided, however, that the parties agree to provide for positive dialogue and communications if disputes or disagreements arise as to the interpretation or implementation of this Agreement. 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. SECTION 10. HEADINGS. All sections and descriptive headings in this Agreement are inserted for convenience only, and shall not affect the construction or interpretation hereof. SECTION 11. FORCE MAJEURE. No party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, terrorism, hurricane, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. SECTION 12. OPERATION OF ROADS. From and after the date of transfer of the Road Improvements to the CITY, the CITY shall be responsible for operation of that portion of the road in accordance with the provisions of Chapter 334, Florida Statutes. SECTION 13. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the successors in interest, transferees and assigns of the parties. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The signatories hereof represent that they have the requisite and legal authority to execute this Agreement and bind the respective parties herein. 224722.8 Page 7 SECTION 14. ASSIGNMENT. This Agreement shall not be assigned by either party without the prior written approval of the other. SECTION 15. EXHIBITS All exhibits to this Agreement, such as, but not limited to, the engineering plans, are hereby incorporated into this Agreement by this reference thereto. 224722.8 Page 8 SECTION 16. PUBLIC RECORDS. The DEVELOPER shall allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, and which have been made or received by the DEVELOPER in conjunction with this Agreement. SECTION 17. RECORDS AND AUDITS. (A) The DEVELOPER shall maintain in its place of business all books, documents, papers and other evidences pertaining to work performed under this Agreement. (B) Such records shall be available to the CITY at any time that the CITY may request inspection and copying of the said records. SECTION 18. EQUAL OPPORTUNITY EMPLOYMENT. The DEVELOPER agrees that it will not discriminate against any employee or applicant for employment for work relating to the services provided under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to insure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demoting or transfer; recruitment advertising; layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. The DEVELOPER shall not engage in any form of sexual harassment, shall ensure compliance with the Americans with Disabilities Act (ADA), and all other applicable laws, rules and regulations. The DEVELOPER shall not knowingly employ unauthorized alien workers, constituting a violation of the employment provisions contained in 8 United States Code Section 1324a(e) or Section 274A(e) of the Immigration and Nationally Act (INA). The CITY shall consider the employment by the DEVELOPER of unauthorized aliens, a violation of Section 274A (e) of the INA. Such violation by the DEVELOPER of the employment provisions contained in Section 274A (e) of the INA shall be grounds for unilateral cancellation of this Agreement by the CITY. The DEVELOPER agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the work the services that the DEVELOPER agrees to provide under this Agreement. SECTION 19. CONFLICT OF INTEREST. The DEVELOPER agrees that it will not commit any act that would cause or create a conflict of interest as defined by Chapter 112, Florida Statutes, to exist or occur in the performance of its obligations pursuant to this Agreement with the CITY. SECTION 20. COMPLIANCE WITH LAWS AND REGULATIONS. In performing pursuant to this Agreement, the DEVELOPER shall abide by all statutes, ordinances, rules, and regulations pertaining to, regulating the acts contemplated to be performed herein, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement, and shall entitle the CITY to terminate this Agreement following delivery of not less than ten (10) days written notice specifying the breach and, where the DEVELOPER fails to remedy such breach within such ten (10) day period, or when such breach is not capable of being remedied in such ten (10) day period, the DEVELOPER shall not have commenced to remedy such breach within such ten 224722.8 Page 9 (10) day period or is not continuing in good faith to remedy such breach. SECTION 21. NOTICES. Whenever either party desires to give notice unto the other, notice may be sent to: For the CITY: V. Eugene Miller, Acting 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 DEVELOPER: 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 Co. 3300 Fairfield Avenue South St. Petersburg, Florida 33712 Todd N. Pemberton Rand Yard Railway Development, Inc. 204 North Park Avenue #100 Sanford, Florida 32771 Kirk Muter Waste Services of Florida, Inc. 1451 W. Cypress Creek Road, Suite 300 Fort Lauderdale, Florida 33309 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 UL 6Z8 Canada A party may change, by written notice as provided herein, the addresses or persons for receipt 224722.8 Page 10 of notices. SECTION 22. INTERPRETATION /APPLICABLE LAWNENUE. The laws of the State of Florida shall govern this Agreement. Any legal action necessary arising out of the Agreement will have its venue in Seminole County and the Agreement will be interpreted according to the laws of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other further exercise thereof. Waiver of a default shall not be deemed a waiver of any subsequent defaults. In any action brought by either party for the enforcement of the obligations of the other party, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs. The specific provisions of this Agreement shall prevail over the generality of the foregoing. In any action or proceeding required to enforce or interpret the terms of this Agreement, venue shall be in the Circuit Court in and for Seminole County, Florida. SECTION 23. DAMAGES /INDEMNIFICATION. The DEVELOPER shall be liable for all damages or injury to persons or property caused by its actions, errors, omissions, neglect or mismanagement, or by the actions of any of its officers, agents and employees while engaged in the operations herein authorized, and for any actions or proceedings brought as a result of the this Agreement, to specifically include, but not be limited to, anti -trust actions or proceedings. Should the CITY be sued therefore, the DEVELOPER shall be notified of such suit and, thereupon, the DEVELOPER shall have the duty to defend the suit. Should judgment be awarded against the CITY in any such case, the DEVELOPER shall forthwith pay the same and relieve the CITY of any obligations relating thereto. The DEVELOPER shall indemnify and save harmless the CITY, its agents, officers and employees from any and all judgments recovered by anyone for personal injury, death or property damage, or any other theory of liability sustained by reason of any of the DEVELOPERS AGENT's activities or for any actions of proceedings brought as a result of this Agreement. The DEVELOPER shall pay all expenses including, but not limited to, defense and legal costs and attorney's fees, in defending against any such claim made against the CITY or any of the CITY's agents, officers or employees. Nothing set forth in this Agreement shall be deemed or construed as a waiver of sovereign Immunity by the CITY and the CITY shall have all rights and protections provided under Section 768.28, Florida Statues, and other applicable law. SECTION 24. CONSTRUCTION OR INTERPRETATION OF THE AGREEMENT. This Agreement is the result of bona fide arms length negotiations between the parties and all parties have contributed substantially and materially to the preparation of the Agreement. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one (1) party than against any other party both parties having participated in the drafting of this Agreement. Whenever a decision is provided for herein which is to be made by the CITY, such decision must be in writing in order to be binding upon the CITY. SECTION 25. ENTIRE AGREEMENT /MODIFICATION. This Agreement constitutes the complete, integrated and entire agreement between the parties with respect to the subject 224722.8 Page 11 matter hereof, and supersedes all prior agreements, arrangements, contracts or understandings, whether oral or written, between the parties relating thereto, all of which have been integrated herein. This Agreement may not be amended, changed, or modified and material provisions hereunder may not be waived, except by a written document, of equal dignity herewith and signed by all parties to this Agreement. SECTION 26. THIRD PARTY BENEFICIARIES. The CITY shall not be liable to any person, firm or corporation who contracts with or provides goods or services to the DEVELOPER in connection with services provided by the DEVELOPER to the CITY; and there is no contractual relationship, either expressed or implied, between the CITY and any other person, firm, or corporation supplying any work, labor, services, goods or materials to the DEVELOPER as a result of its services to the CITY hereunder. This Agreement is solely for the benefit of the formal parties to this Agreement, and no right or cause of action shall accrue by reason hereof to or for the benefit of any other third party not a formal party hereto. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon or give any person or entity any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof, other than the parties hereto and their respective representatives, successors and assigns as set forth herein. SECTION 27. FUNDING OBLIGATIONS. Notwithstanding anything to the contrary stated elsewhere in this Agreement, the CITY shall have no obligation to fund any part or parts of the services provided for herein by means of a pledge of revenues contrary to the provisions of the Constitution of the State of Florida. There are no implied funding obligations of the CITY. SECTION 28. EFFECT OF CHANGE IN LAWS. If State or Federal laws are enacted after execution of this Agreement that 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. SECTION 29. ATTORNEYS FEES AND COSTS In the event of any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, paralegal's fees, and costs incurred, whether the same be incurred in pre - litigation negotiation, litigation at the trial level, or upon appeal. SECTION 30. SEVERABILITY. If any one (1) or more of the covenants or provisions of this Agreement shall be held to be contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall, for any reason whatsoever, be held invalid, then such covenants or provisions shall be null and void, shall be deemed separable form the remaining covenants or provisions of this Agreement, and shall, in no way, affect the validity of the remaining covenants or provisions of this Agreement. SECTION 31. EFFECTIVE DATE. This Agreement shall take effect on the date that this Agreement is fully executed by the parties. SECTION 32. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall 224722.8 Page 12 constitute one and the same document. SECTION 33. OBLIGATIONS To the extent provided under Florida law, the obligations of the DEVELOPER under this Agreement are limited and are not the personal obligations of its members. IN WITNESS WHEREOF, the parties have executed this Agreement on the date stated below their signature. THE CITY OFSANFORD, FLORIDA By Li nyp[ Date: 7 _, 2005 224722.8 Page 13 ATTEST: __ )anet�rty, Cify Clerk December 17, 2004 Memo To Al Grieshaber, Jr. City Manager Tom George Public Works Director Bilal Iftikhar City Engineer City of Sanford From : Sid Vihlen, Jr. Re Proposed City of Sanford Financial Participation for the Reconstruction of a Portion of White Cedar Road and Church Street t Herewith is a proposed budget for the City of Sanford financial participation relative to the subject road construction project, as previously discussed: City of Sanford Water Line Relocation to Allow for Church Street Widening: FDEP Permit Fee $250.00 Engineering for Permit $2500.00 Construction Cost to Relocate Water Line $56,000.00 Subtotal $58,750.00 Sidewalk Construction: (Sidewalk footage includes all frontage less Cox and Sanford Recycling) Remaining Sidewalk Footage 2,266 Feet ® $12.50 per Foot Subtotal $28,325.00 Permit and Inspection Fees for Roadway Construction: Estimated Permit Fee $7,600.00 Estimated Engineering Review $200.00 Estimated Development Review $200.00 Subtotal $8,000.00 Total Proposed Participation Cost $95,075.00 Notes: 1) The water line proposed for relocation is a City of Sanford potable drinking water line that will be under the proposed new construction of Church Street. It must be moved from under the proposed pavement. 2) The sidewalks included in the above financial scenario consists of 2,266 feet which involves the total roadway construction, less the Sanford Recycling and Transfer site and the Cox Lumber properties. 3) Alternate sidewalk scenario Sidewalks along the roadways are being installed with the development of Sanford Recycling and Transfer Inc. site and the Cox Lumber site. The industrial lots being developed by Rand Yard Railway Development, Inc., can install sidewalks with their construction. The remaining footage, after these projects, is 850 feet. This relates to the Seminole County retention pond property, Edgar Bruce property and the Harkins property which are all located on the west end of Church Street ending at County Road #15. Construction of 850 feet of sidewalk $10,625.00 Adjusted City of Sanford Cost of Participation $77,375.00 Thank you, Vihlen, Jr.