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17-2942 East/West Sidewalk Reimb Agmnt with Casselberry Ventures
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17-2942 East/West Sidewalk Reimb Agmnt with Casselberry Ventures
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Resolutions
City Clerk - Date
1/23/2017
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This Instrument prepared by and return to: <br />Catherine D. Reischmann, Esq. <br />Garganese, Weiss & D'Agresta, P.A. <br />111 N. Orange Ave., Ste. 2000 <br />Orlando, FL 32801 <br />SIDEWALK REIMBURSEMENT AGREEMENT <br />(Developer's Property — East/West Connection) <br />THIS SIDEWALK REIMBURSEMENT AGREEMENT (this "Agreement") is made <br />this Z 3 jzv day of January, 2017, (the "Effective Date") by and among CO -BB <br />CASSELBERRY VENTURE LLC, a Delaware limited liability company, whose address is <br />12765 West Forest Hill Boulevard, Suite 1307, Wellington, Florida 33414 ("Developer"), the <br />CITY OF CASSELBERRY, FLORIDA, a municipal corporation, ("City") and the <br />COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CASSELBERRY, <br />FLORIDA, a body politic and corporate of the State of Florida created pursuant to Part III of <br />Chapter 163, Florida Statutes, whose address is 95 Triplet Lake Drive, Casselberry, Florida <br />32707 ("CRA"). <br />RECITALS: <br />A. The City and Developer entered into a Voluntary Development Commitment Agreement <br />which was recorded on May 11, 2016, in O.R. Book 8686, Page 589, in the Public Records of <br />Seminole County, Florida, concerning the property described in Exhibit "A" attached hereto and <br />incorporated herein by this reference (the "Developer's Property"), in which Developer <br />voluntarily agreed to construct a public sidewalk from Oxford Road to U.S. Hwy. 17-92 <br />("Sidewalk") in conjunction with the construction of an apartment complex on the Developer's <br />Property, which was not required by City Code; and <br />B. Developer has agreed to design and construct another sidewalk from the Developer's <br />Property to Piney Ridge Road ("Off-site Sidewalk"), in accordance with that certain Sidewalk <br />Agreement dated contemporaneously herewith ("Off-site Sidewalk Agreement"); and <br />C. The CRA Plan contemplates the construction of the Sidewalk and the Off-site Sidewalk, <br />and CRA funds are available to reimburse Developer for the cost of the design and construction <br />of the Sidewalk, with conditions as outlined in this Agreement; and <br />D. The sum total cost of the Sidewalk and Off-site Sidewalk do not exceed $300,000, so <br />there is no statutory requirement for competitive bidding; and <br />1 <br />
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