HomeMy WebLinkAboutIII (E) Approval and Authorization for Mayor and City Clerk to Execute Notice of Termination of Agreement between the City and Sanlando Land, Inc. Agenda 4-20-99
Item III E
FOLEY & LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0388
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Martha H. Formella, Esq., Assistant City Attorney
DATE: April 13, 1999
RE: Admiral Pointe Phase II- Termination of Agreement
The Construction Limit Line as set forth on the Plat of Admiral Pointe Phase II
as recorded in Plat Book 41, Page 79, Public Records of Orange County, Florida, does not
include sufficient dimensions. At the time of approval of the Plat, the City and the Owner
entered into an Agreement as recorded in Official Records Book 5702, Page 1641, Public
Records of Orange County, Florida (the "Agreement") which prohibited the issuance of
building permits on Lots 13 through 22 until a replat of these Lots acceptable to the City
Engineer was approved by the City Commission and recorded. In lieu of the replat, affidavits
correcting the Construction Limit Line have been recorded in accordance with Section
177.141, Florida Statutes. This alternative to replatting is acceptable to the City Engineer and
City Attorney.
Section 4 of the Agreement provides that upon satisfaction of the replat
requirement and payment of all Development Review Fees, the City and the Owner shall
execute a Termination of Agreement to be recorded. Since the replat requirement has been
satisfied by an acceptable alternative and the Development Review Fees are paid current
(although additional Development Review Fees have been incurred and will be billed in the
future), City Staff recommends approval of the Termination of Agreement.
RECOMMENDATION:
It respectfully is recommended that the City Commission approve the proposed
Notice of Termination of Agreement between the City and Sanlando Land, Inc. and authorize
the Mayor and City Clerk to execute the same.
Attachment
006.135368
1'�
THIS INSTRUMENT PREPARED BY:
Martha H. Formella, Esq.
FOLEY & LARDNER
I I I North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407)423-7656
AFFER RECORDING RETURN TO:
lean Grafton, City Clerk Fur Recording Purposes Only
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
NOTICE OF TERMINATION OF AGREEMENT
)Admiral Pointe Phase II)
THIS NOTICE OF TERMINATION OF AGREEMENT (this "Termination") is
made this day of , 1999, by and between 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, and SANLANDO LAND, INC., a Florida
corporation (hereinafter referred to as the "Owner"), whose mailing address is 2100 West
State Road 434, Suite C, Longwood, Florida 32779.
RECITALS
WHEREAS, the City and the Owner heretofore executed that certain Agreement dated
March 2, 1999 and recorded in Official Records Book 5702, Page 1641, Public Records of
Orange County, Florida (the "Agreement"); and
WHEREAS, in lieu of the replat required pursuant to Section 2 of the Agreement, the
Owner has recorded corrective affidavits in accordance with Section 177.141, Florida Statutes;
and
WHEREAS, the City and the Owner desire to terminate the Agreement.
NOW, THEREFORE, in consideration of the mutual premises hereof, and other good
and valuable consideration, the receipt and sufficiency of which is 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. TERMINATION. The City and the Owner hereby terminate that
certain Agreement between the City and the Owner dated March 2, 1999 as recorded in
Official Records Book 5702, Page 1641, Public Records of Orange County, Florida pertaining
006.135355.1
to Lots 13 through 22, inclusive, as shown on the Plat of Admiral Pointe Phase II, as recorded
in Plat Book 41, Page 79, Public Records of Orange County, Florida,
IN WITNESS WHEREOF, the City has caused this Termination to be duly executed
as of the day and year first above written.
Signed, sealed and delivered "CITY"
in the presence of:
CITY OF OCOEE, a Florida municipal
corporation
By:
Signature S. Scott Vandergrift, Mayor
Print/Type Name Attest:
Jean Grafton, City Clerk
Signature
Print/Type Name (SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY this day of
1999.
FOLEY & LARDNER APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 1999 UNDER AGENDA
By: ITEM NO.
City Attorney
006.135355.1 -2-
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 VANDERGRIFT 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 , 1999.
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-
006.135355.1
IN WITNESS WHEREOF, the Owner has caused this Termination Agreement to be
duly executed the day of , 1999.
Signed, sealed and delivered "OWNER"
in the presence of:
SANLANDO LAND, INC. , a Florida
corporation
Signature By:
Name:
Print/Type Name Title:
Signature (CORPORATE SEAL)
Print/Type Name
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgements, personally appeared
as of
Sanlando Land, Inc., a Florida corporation, who [ ] is personally known to me or [ ]
produced as identification, and that he/she
acknowledged executing the foregoing instrument on behalf of said corporation, 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
day of , 1999.
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):
-4-
006.1 35355.1