HomeMy WebLinkAboutIII(C1) Remington Oaks (fka Burnden Park) Final Subdivision, Project No 97-001 First Amendment To The Developer Agreement Agenda 2-17-98
FOLEY & LARDNER Item IIIC1
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2193 SAN DIEGO
JACKSONVILLE ORLANDO, FLORIDA 32802-2193 SAN FRANCISCO
LOS ANGELES 111 NORTH ORANGE AVENUE,SUITE 1800 TALLAHASSEE
MADISON ORLANDO, FLORIDA 32801-2386 TAMPA
MILWAUKEE TELEPHONE(407)423-7656 WASHINGTON D.C.
SACRAMENTO FACSIMILE(407)648-1743 WEST PALM BEACH
WRITER'S DIRECT LINE
MEMORANDUM
TO: The Honorable Mayor and City Commissioners /!
FROM: Martha H. Formella, Esq. , Assistant City Attorney �(/7
THROUGH: Paul E. Rosenthal, Esq. , City Attorney f 1 ,7
DATE: February 12, 1998 � `�
RE: Remington Oaks (formerly known as Burnden Park)
First Amendment to Developer Agreement
[Burnden Park, Phase I]
Section 3 . (a) of the Developer Agreement [Burnden Park,
Phase I] dated February 4 , 1997 and recorded March 13 , 1997 in
Official Records Book 5215, Page 4482 , Public Records of Orange
County, Florida (the "Original Developer Agreement" ) , required the
Developer to convey right-of-way along Hackney-Prairie Road and a
retention pond which accommodates Hackney-Prairie Road drainage to
the City simultaneous with the execution of the Original Developer
Agreement . In conjunction with the Original Developer Agreement,
a single Warranty Deed referencing both the right-of-way and the
retention pond parcels was drafted. Since the City Staff and the
Developer were discussing various drainage alternatives, the
Warranty Deed was put on hold until the legal description of the
retention pond was finalized.
The Final Subdivision Plan for Remington Oaks, appearing
as a separate agenda item, includes the final configuration of the
retention pond. Accordingly, Section 3 . (a) and Exhibit "C" of the
Original Developer Agreement should be amended to reflect the
timing of the conveyances and the correct legal description of the
retention pond. Attached hereto is a proposed First Amendment to
Developer Agreement [Burnden Park, Phase I] which accomplishes the
foregoing.
RECOMMENDATION:
It respectfully is recommended that the City Commission
approve the First Amendment to Developer Agreement [Burnden Park,
Phase I] , subject to approval of the Final Subdivision Plan for
Remington Oaks, and authorize the Mayor and City Clerk to execute
the same.
Attachment ((A
ESTABLISHED 1 8 4 2
A:\staffrpt.Daa12/12/98Iocoee bumden park diskmhf:
A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN, BRUSSELS, DRESDEN, FRANKFURT, LONDON, PARIS,SINGAPORE,STUTTGART AND TAIPEI
THIS INSTRUMENT PREPARED BY:
Martha H. Formella. Esq.
FOLEY & LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando. FL 32802-2193
(407) 423-7656
RETURN TO:
Jean Grafton, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive For Recording Purposes Only
Ocoee. FL 32761
(407) 656-2322
FIRST AMENDMENT TO DEVELOPER AGREEMENT
[ BURNDEN PARK, PHASE I ]
THIS FIRST AMENDMENT TO DEVELOPER AGREEMENT (this "First
Amendment") is made and entered into this II - day of 1-340.4.1 1998 (the "Effective
Date") by and between IMPERIAL PARTNERSHIP, a Florida general partnership (hereinafter
referred to as the "Developer"), whose mailing address is P.O. Box 607307, Orlando, Florida
32860-7307 and the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred
to as the "City"), whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761.
WITNESETH:
WHEREAS, the Developer and the City entered into the certain Developer
Agreement [Bumden Park, Phase I] dated February 4, 1997 and recorded March 13, 1997 in
Official Records Book 5215, Page 4482, Public Records of Orange County, Florida (the
"Developer Agreement"); and
WHEREAS, the Developer and the City desire to amend the Developer
Agreement to address (i) the timing of conveyance of the HP Road Land and the HP Retention
Pond Land, and (ii) the legal description of the HP Retention Pond Land.
NOW, THEREFORE, in consideration of the premises contained herein and
other good and valuable considerations exchanged between the parties hereto, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and correct and are
incorporated herein by this reference.
Section 2. Timing of Conveyances. Section 3.(a) of the Developer
Agreement shall be amended to read as follows (with additions double underlined and deletions
stricken):
Donated Lands. _S.-- . .. _ . '.. . - , - .
this Agreement Within 30 days of Final Subdivision
Plan approval, the Developer shall convey to the
City marketable, fee simple title to the HP Road
Land and the HP Retention Pond Land (collectively,
"the Donated Lands").
Section 3. HP Retention Pond Land. Exhibit "A" attached hereto and by
this reference incorporated herein shall replace Exhibit "C" to the Developer Agreement.
Section 4. Counterparts. This First Amendment may be executed in any
number of counterparts, each of which shall be deemed to be an original but all of which
together shall constitute one and the same instrument.
Section 5. Effective Date. The effective date of this First Amendment (the
"Effective Date") shall be the date when the last one of the Developer and the City has properly
executed this First Amendment as determined by the date set forth immediately below the
respective signatures of Developer and the City.
Section 6. Defined Terms. All capitalized terms not otherwise defined herein
shall have the meaning attributed to such term in the Developer Agreement.
Section 7. Unmodified. Except as expressly modified herein, the Developer
Agreement remains unchanged and in full force and effect.
IN WITNESS WHEREOF the City has caused this First Amendment to be duly
executed by its duly authorized representative on the day and year set forth below.
"CITY"
Signed, sealed and delivered CITY OF OCOEE,
in the presence of: a Florida municipal corporation
By:
Signature S. Scott Vandergrift, Mayor
Print/Type Name Attest:
Jean Grafton, City Clerk
Signature (SEAL)
DATE: , 1998
Print/Type Name
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1998. APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
FOLEY & LARDNER HELD ON , 1998
UNDER AGENDA ITEM NO.
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared
S. SCOTT VANDERGRIF'T and JEAN GRAFTON, personally known to me to be the Mayor
and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and
that they severally acknowledged executing the same on behalf of said municipality in the
presence of two subscribing witnesses freely and voluntarily under authority duly vested in them
by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 1998.
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):
3
IN WITNESS WHEREOF the Developer has caused this First Amendment to be duly
executed by its duly authorized representative on the day and year set forth below.
"DEVELOPER"
IMPERIAL PARTNERSHIP, a Florida
general partnership
Signed, sealed and delivered By: WILLIAM HARGREAVES
in the presence of: CORPORATION, a Florida
corporation, as managing general
partner
By:
Signature Name: 'TA 4...4
P.lexcr'!e' Mackinnon
I/:v Qom:d�...�
Print/Type Name
&&, . .
Signature
Ellen T. Ali
Print/Type Name
And By:
WARBURTONS ORLANDO, INC.,
a Florida corporation, as general..partner
By: JakkQ/l A76Ct.- '-f
Signature Name: J A11141 M. C41.19/tee‘
Title: PiLf •
Alexander C. Mackinnon . ..
Print/Type Name .
Signature
Ellen T All
Print/Type Name
4
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
Sr9mt1
M. »•,. as ✓iu �k,k%�c.�'r of
WILLIAM HARGREAVES CORPORATION, a Florida corporation, as managing general
partner of IMPERIAL PARTNERSHIP, a Florida general partnership, who [vris personally
known to me or [ ] produced as identification, and that
he/she acknowledged executing the foregoing instrument on behalf of said corporation and said
partnership, in the presence of two subscribing witnesses, freely and voluntarily under authority
duly vested in him/her.
WITNESS my hand and official seal in the County and State last aforesaid this •
1166` day of 1:::1-G}x , 1998.
4d. --V
Signature of Notary
Alexander C. Mackinnon
Name of Notary (Typed. Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
,;;;. ALE:iNIDER C.MACKINNON I
= MY COMMISSION#CC 106718
_ EXPIRES:November 2,1998
Soloed TOsu Notary Pubic Undena tete
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
JArms M. C 441.t n. as f d,,. - of
WARBURTONS ORLANDO, INC., a Florida corporation, as general partner of IMPERIAL
PARTNERSHIP, a Florida partnership, who [ lens personally known to me or [ ] produced
as identification, and that he/she acknowledged executing •
the foregoing instrument on behalf of said corporation and said partnership, in the presence of
two subscribing witnesses, freely and voluntarily under authority duly vested in him/her, and
that the seal affixed hereto is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid this
ii day of 1-4, tYf44�. , 1998.
Signature of Notary
Alexander C. Mackinnon
Name of Notary (Typed. Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
;1Pe::4,, ALEXANDER C.MACKINNON
IY MY COMMISSION#CC 406718
A:IDEVAGRTI.AMII2/5/98!OCOEE BURNDEN PARK DISK IMHF:mck
5
EXHIBIT "A"
t.EGAl. DESCRIPTION:
Commence at the Northeast corner of the Southeast 1/4 al Section 4. To.nsnio 22
South. Range 28 East. thence South 89'13'11' West o distance of 230.02 tett along
the North tins of the Northeast 1/4 of the Southeast 1/4 al said Section • to
the POINT Of BEGINNING: t South 00'08'25' West a distance el 170.00 feet:
thence South 21'3749- west a distance of 116.49 feet: thence South 89-47'43-
West
9'47'45West a distance of 675.00 feet: thence South 00' 121T East a distance of
115.00 feet; thence South 89'47'47 West o distance of 20.00 feet: thence North
01712'1T West a distance al 115.00 feet: thence South 8947.45 West a
distance of 34.98 feet: thence North O0'45'01 East a distance of 270.62 feet
to a point on the of ore said North line of the Northeast 1/4. of the Southeast 1/4
of aforementioned Section 4: thence North 8715'11tEast a distance al 770.48 feet
along said North tine to the POINT OF BEGINNING,
Containing 4.858 acres more el less.
IMOPOSED •CMKTON Outs
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N 0Q45'01- E 270.62'
N 0012'1T W
115.00'
5 89'47'43" w
S OQ12'ir E 34.98'
S 89'47'47 w 115.00'
20.00'
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