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Home My WebLink AboutItem 08 Consideration of Amendment to Declaration of Covenants, Conditions and Restrictions for Kensington Manor • FOLEY AGENDA ITEM COVER SHEET Meeting Date: May 17 , 2005 Item # 8 Reviewed By: Contact Name: Edward A. Storey Department Director: Paul E. Rosenthal, Assistant City Attorney City Attorne Contact Number: (407) 244-3254 City Manager: Subject: Consent to Amendment to Declaration of Covenants, Conditions and Restrictions for Kensington Manor. Background Summary: Pursuant to Section 10.4 of that certain Declaration of Covenants, Conditions and Restrictions for Kensington Manor (the "Original Declaration"), all amendments to the Original Declaration which alters any provisions relating to the rights of the City require approval from the City. The Declarant proposes to amend the Original Declaration to provide that Kensington Manor Homeowners Association, Inc. shall be responsible for the additional maintenance cost of street signs that are over and above that paid for by the City. Issue: Should the City consent to the Amendment to Declaration of Covenants, Conditions and Restrictions for Kensington Manor (the "Amendment")? Recommendations The City Attorney recommends that the City Commission consent to the Amendment and authorize execution of a Consent to Amendment to Declaration of Covenants, Conditions and Restrictions by the Mayor and the City Clerk. Attachments: Amendment to Declaration of Covenants, Conditions and Restrictions for Kensington Manor Draft Consent to Amendment to Declaration of Covenants, Conditions and Restrictions for Kensington Manor. Financial Impact: None Type of Item: ❑ Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading ❑ Consent Agenda O Ordinance First Reading 0 Public Hearing O Resolution 0 Regular Agenda ® Commission Approval ❑ Discussion& Direction 006.368710.1 ❑ Original Document/Contract Attached for Execution by City Clerk ❑ Original Document/Contract Held by Department for Execution Reviewed by City Attorney ❑ N/A Reviewed by Finance Dept. ❑ N/A Reviewed by ( ) ❑ N/A 006.368710.1 : FOLEY FOLEY & LARDNER LLP ATTORNEYS AT LAW MEMORANDUM CLIENT-MATTER NUMBER 020377-0579 TO: The Honorable Mayor and City Commissioners FROM: Edward A. Storey III, Assistant City Attorney DATE: May 4, 2005 RE: Consent to Amendment to Declaration of Covenants, Conditions and Restrictions for Kensington Manor Staff Report ISSUE Should the City consent to the proposed Amendment to Declaration of Covenants, Conditions and Restrictions for Kensington Manor (the "Amendment")? BACKGROUND/DISCUSSION Pursuant to Section 10.4 of that certain Declaration of Covenants, Conditions and Restrictions for Kensington Manor (the "Original Declaration"), all amendments to the Original Declaration which alters any provisions relating to the rights of the City require approval from the City. The Declarant proposes to amend the Original Declaration to provide that Kensington Manor Homeowners Association, Inc. shall be responsible for the additional maintenance cost of street signs that are over and above that paid for by the City. 006.368710.1 GRAHAMMAILING ADDRESS: P.O.DRAWER 1690 BUILDER WINTER PARK,FL 32790-1690 J ONESDELIVERY ADDRESS: 369 N.NEW YORK AVENUE,THIRD FLOOR PRATT St WINTER PARK,FL 32789 MARKS LLP TELEPHONE: (407)647-4455 FAACSIMILE: (407)740-7063 E-MAIL: GRAHAMBUILDER.COM ATTORNEYS& WRITER'S E-MAIL: JGRAHAMSR@GRAHAMBUILDER.COM COUNSELORS AT LAW RECEIVED MEMORANDUM MAR 1 5 2005 TO: Paul Rosenthal FOLEY & LARDNER FROM: Sandra Kritsky Legal Assistant to Eileen D. Fernandez/Jesse E. Graham, Sr. • RE: Kensington Manor Our File No.: 5667-542 DATE: March 14, 2005 We have enclosed herein the original Amendment to Declaration of Covenants,Conditions and Restrictions for Kensington Manor. We are forwarding it to you for review and upon approval,your signature. Once you have executed the Amendment,please forward it to the City of Ocoee for its execution. Please advise the City that once it has been executed by the Mayor, the Amendment should be returned to our office for proper filing. Thank you. /slk Enclosure U:\skritsky\CLIENT FILES\MORRISON HOMES\(5667-542)p.f McElroy Place,LLC\Memo-Paul Rosenthal enclsg orig Amendment to Decl.- 3-14-05.doc This instrument prepared by and return recorded instrument to: JESSE E.GRAHAM,SR.,ESQ. Graham,Builder,Jones,Pratt&Marks,LLP 369 N.New York Avenue,Third Floor Winter Park,Florida 32789 P.O.Drawer 1690,Winter Park,Florida 32790-1690 Space Above Reserved for Recording AMENDMENT TO DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR KENSINGTON MANOR KNOW ALL MEN BY THESE PRESENTS: This AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made thisca day of -Q A , 2005, by McELROY PLACE, LLC, a Florida limited liability company ("Declarant"), and ORRISON HOMES, INC., a Delaware corporation authorized to transact business in the State of Florida("Morrison Homes"). WITNESSETH: WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Kensington Manor (the "Declaration") is recorded in Official Records Book 7314, at Page 4752, Public Records of Orange County,Florida; and WHEREAS, Declarant and Morrison Homes are the owners of all of the Lots of McElroy Place as per that the Plat thereof recorded in Plat Book 56, at Page 92, Public Records of Orange County, Florida(the"Subdivision"), said Subdivision being the same as the real property described in Exhibit"A" attached to the Declaration; and WHEREAS,Declarant and Morrison Homes are all of the members of the Association, as defined in the Declaration; and WHEREAS, pursuant to the provisions of Article X, General Provision, Section 10.4 of the Declaration,the Declaration may be amended by the affirmative vote of 75%of the members; and 1 C:\Documents and Settings\Divuser\My Documents\Communities\Kensington Manor\Amendment to Declaration(with City apprvl).streets.doc WHEREAS, Declarant and Morrison Homes hereby amend said Declaration of Covenants, Conditions and Restrictions as hereafter set forth. NOW, THEREFORE, Declarant and Morrison Homes hereby amend the following terms, provisions and paragraph of said Declaration of Covenants, Conditions and Restrictions pursuant to the right of amendment as contained in Article X, General Provisions, Section 10.4 of the Declaration: 1. Article VIII is modified and amended by adding thereto the following : "Section 8.11. Street Signs. The Association shall be responsible for the additional maintenance cost of street signs that are over and above that paid for by the City of Ocoee." 2. Effect of Amendment. The foregoing Amendment to the Declaration will have the same effect as if it had been originally included in the Declaration. This Amendment shall control over conflicting or inconsistent provisions in the Declaration. All other provisions in the Declaration are not affected or impaired by this Amendment and shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] 2 C:\Documents and Settings\Divuser\My Documents\Communities\Kensington Manor\Amendment to Declaration(with City apprvl).streets.doc IN WITNESS WHEREOF,this Amendment is executed as of the date first above written. itnesses: '� � McELROY PLACE,LLC, a Florida limited I liability company Signa, re o ��C�s� '•int me: By: TALLMAN CORPORATION, a Florida corporation,Member/Manager Sign, ure of Witness Print name: Jc>"sav-,ia,J (,3 E1 c By: /ALS 1,16-1.4,r.:(2.30.\ Edmund P. Hampden As its: President wiz'w'' MORRISON HOMES,INC. a Delaware !"i corporation •ignature o '{tness • t n e: AQhAC r / By: C/ Y:ea y Name: LP SI",f GL, Signat a of Wi ness As its: --D1‘)ISiC'r\ eSiC�Q fl4- Print name: -Jo•1A4M .' lg C:\Documents and Settings\Divuser\My Documents\Communities\Kensington Manor\Amendment to Declaration(with City apprvl).streets.doc 3 STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me on this 3 day of Febrikgry2005, by EDMUND P. HAMPDEN, as President of Tallman Corporation, a Florida corporation, on behalf of the corporation, as the Member/Manager of McElroy Place, LLC, a Florida limited liability company, who (select one): Vis personally known to me,or ❑ has produced as identification. A 1k • :a;) 1V. NICHOL BOLANDER 1 { IJ4h%� ! a t AAMY COMMISSION#DD 200376 Printed n• ~ 1 I(IcEXPIRES:July 31 2007 h (SE 1o▪ t,• Bonded Thru Notary Public Underwriters Notary Public Commission Number: My Commission expires: • STATE OF 16, 1 ik COUNTY OF I I ' The forezing instrument was acknowledged before me on this c)3 day of RELICALV, 2005, by I „SVte C,,4.1.erS , as, Ultii -1D, of of Morrison Homes, Inc., a Delaware corporation, on behalf of the corporation, and who(select one): U is personally known to me, or ❑ has produced as identification. 1U% 'm 'y;'-•.,, NICHOL BOLANDER 'rinte. name: Lit CCl(SEA ,.` MY COMMISSION#DD 200376 Notary Public , -- EXPIRES:July 31 2007 '4;of :Ps' Bonded This Notary Public Underwriters Commission Number: My Commission expires: C:\Documents and Settings\Divuser\My Documents\Communities\Kensington Manor\Amendmentto Declaration(with City apprvl).streets.doc 4 CONSENT TO AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KENSINGTON MANOR Pursuant to Section 10.4 of that certain Declaration of Covenants, Conditions and Restrictions for Kensington Manor recorded on February 20, 2004 in Official Records Book 7314, Page 4752, Public Records of Orange County, Florida, the undersigned, CITY OF OCOEE, a Florida municipal corporation, hereby grants its consent to the Amendment to Declaration of Covenants, Conditions and Restrictions of Kensington Manor. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed this day of , 2005. ATTEST: CITY OF OCOEE,FLORIDA By: Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON ,2005 LEGALITY this day of UNDER AGENDA ITEM NO. , 2005. FOLEY & LARDNER LLP By: City Attorney -1 006.368539.1 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE and that they severally acknowledged executing the same freely and voluntarily under authority duly vested in them by said municipality. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2005. Signature of Notary Name of Notary (Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): -2- 006.368539.1