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HomeMy WebLinkAboutItem VI (A) Discussion re: Robert's Rise Subdivision Boat Doack and Amendment to Developer's Agreement 06/10/93 12:40 FOLEY & LARDNER AGENDA 6-15-93 Item VI A FOLEY & LARONER 111 NORTH ORANGE AVENUE, SUITE 1000 ORLANDO, FLORIDA 32801 TELEPHONE 1407)423-7658 FACSIMILE 1407) 848-1743 TAMPA. FLORIDA MAILING ADDRESS: M1LwAUKEE, WISCONSIN JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN TALLAHASSEE. FLORIDA WASHINGTON. D.C. WEST PALM BEACH, FLORIDA ORLANDO. FL. 22802.2193 ANNAPOLIS. MARYLAND CHICAGO. ILLINOIS MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee PROM: Paul E. Rosenthal, Esq. , City Attorney DATE: June 10, 1993 RE: Robert' s Rise Subdivision Boat Dock Attached hereto is a status report to Don Flippen on the procedures for removal of the Robert's Rise Subdivision boat dock. It is my recommendation that the City commission take no action on this matter until the proposed Amendment has been approved and executed by both the Association and the Developer. We have now spoken with the Developer and are forwarding a copy of the proposed Agreement to the Association. If you have any questions, please let me know. PER/od Enclosure cc: Mr. Ellis Shapiro • Mr. Don Flippen 007 FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801 TELEPHONE 14071 423-7656 FACSIMILE 14071 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE. WISCONSIN JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN TALLAHASSEE. FLORIDA WASHINGTON. D.C. WEST PALM BEACH. FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS. MARYLAND CHICAGO. ILLINOIS MEMORANDUM TO: Don Flippen, Building and Zoning Official FROM: Paul E. Rosenthal, Esq. , City Attorney + ` il DATE: June 10, 1993 RE: Robert' s Rise Subdivision Boat Dock Pursuant to the direction of the City Commission, we have reviewed the actions necessary in order to authorize the removal of the boat dock owned by Robert' s Rise Homeowner's Association. The dock was constructed pursuant to an Agreement dated March 15, 1988 between Courtney Consulting Corporation and the City of Ocoee. The Agreement was executed in connection with the dismissal of litigation brought by the Developer against the City and constituted a release of claims against the City. We are not familiar with and have not investigated the background regarding such litigation. The Agreement imposes obligations on both the Developer and Robert' s Rise Homeowner' s Association, Inc. Accordingly, it is our recommendation that any agreement to remove the dock be approved by the City, Robert' s Rise Homeowner's Association, Inc, and Courtney Consulting Corporation. We have left phone messages with Robin Courtney, President of Courtney Consulting Corporation, but have not succeeded in contacting him. It will be necessary to obtain his consent to the removal of the dock. Enclosed is a proposed Amendment to Agreement which would allow for the removal of the dock. It would be appreciated if you would review this and advise if it is acceptable. I am simultaneously sending this draft to Charles Appeling, President of the Association, for his review. Please note that the provisions of Paragraph 2 of the Agreement require that the Developer dedicate to the City 1. 3 acres along Silver Star Road and 0. 8 acres of lakefront on Lake Starke. It would be appreciated if you would check the subdivision plat or other City records in order to determine whether or not such dedication has in fact occurred. If this land has not been dedicated or otherwise conveyed to the City, it may be appropriate to require such conveyance prior to approval of the Agreement. This provision would suggest that the land on which the dock is located is owned, or should be owned, by the City, but maintained by the Developer and Association. I look forward to hearing from you. PER/od Enclosure cc: Mr. Ellis Shapiro, City Manager Mr. Bruce Behrens, Planning Director Mr. Charles Appeling -2- THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Rosenthal, Esq. © n /� FOLEY & LARDNER IUU�UUi Llr�t►1 111 North Orange Ave. , Suite 1800 P.O. Box 2193 / Orlando, FL 32802-2193 (407) 423-7656 / 1 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT is made and entered into this day of , 1993, by and between the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida, (the "City") , COURTNEY CONSULTING CORPORATION, a Florida corporation, whose address is (the "Developer") and ROBERT'S RISE HOMEOWNER'S ASSOCIATION, INC., a Florida not-for- profit ot-for- profit corporation , whose address i s (the "Association") . WITNESSETH WHEREAS, the City and Developer have heretofore entered into a certain Agreement, dated March 15, 1988, recorded on November 2, 1988 in Official Records Book 4028, Page 2429, Public Records of Orange County, Florida ("the Agreement") ; and WHEREAS, pursuant to the terms of the Agreement, Developer constructed a dock on certain lands adjacent Starke Lake which are now owned and maintained by the Association; and WHEREAS, the Association has requested that the Agreement be amended so as to allow the Association to permanently remove said dock. NOW THEREFORE, in consideration of the premises and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto each intending to be bound to hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The parties hereto agree that the Association may, at its sole cost and expense, permanently remove the dock constructed by Developer adjacent to Starke Lake; provided, however, that in connection with such removal the Association shall comply with all applicable governmental laws, statutes, ordinances and regulations and obtain all necessary governmental permits. Upon removal of said dock as aforesaid the provisions of Paragraphs 2 and 3 of the Agreement shall be deemed to be deleted and of no further force and effect. 3. The City shall not impose any additional or substitute recreational requirements or recreational assessments on the Developer or Association as a result of the removal of said dock. 4. Except as set forth herein, the Agreement remains in full force. IN WITNESS WHEREOF the parties hereto have set their hands and seals as of the day and year first above written. Signed, sealed and delivered DEVELOPER: in the presence of: COURTNEY CONSULTING CORPORATION, a Florida corporation Name: By: Name: Name Title: (CORPORATE SEAL) ASSOCIATION: ROBERT'S RISE HOMEOWNER'S Name: ASSOCIATION, INC., a Florida not-for-profit corporation By: Name: Name: Title: (CORPORATE SEAL) CITY: CITY OF OCOEE a Florida municipal corporation Name: By: S. SCOTT VANDERGRIFT, Mayor Name: Attest: JEAN GRAFTON, City Clerk FOR USE AND RELIANCE ONLY (SEAL) BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 1993. APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 1993 UNDER FOLEY & LARDNER 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 and County aforesaid to take acknowledgements, personally appeared S. Scott Vandergrift, and Jean Grafton, well known to me to be the Mayor and City Clerk, respectively, of the City of Ocoee, a Florida municipal corporation, and they severally acknowledge 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, and they are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1993. 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): 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 as President of COURTNEY CONSULTING CORPORATION, a Florida corporation, he/she who is personally known to me or who produced as identification and who executed the foregoing instrument on behalf of said corporation and he/she acknowledge before me that he/she executed the same on behalf of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1993. 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): 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 as President of ROBERT'S RISE HOMEOWNER'S ASSOCIATION, INC., a Florida not-for-profit corporation, who is personally known to me or who produced as identification and who executed the foregoing instrument on behalf of said corporation and he/she acknowledge before me that he/she executed the same on behalf of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1993. Signature of Notary Name of Notary (Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(f not legible on seal):