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HomeMy WebLinkAboutItem III (B) Approval and Authorization for Mayor and City Clerk to Execute Roberts Rise/Amendment to Agreement Regarding Removal of Boat Dock 1 � AGENDA 10-19-93 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item III B Ocoee i x.1..,11 VPdNIJnx',icuri er/ ''Ty CITY OF OCOEE COMMISSIONERS oN r a 150 N.LAICESHORE DRIVE PAUL W.FOSTER v D OCOEE,FLORIDA 34761 VERN COMBS (+� ? (407)656-2322 SAM WOODSON yOf G 00/0 ` QTY MANAGER EUUS SHAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMI NERS FROM: D.W. FLIPPEN, BUILDING AND ZONING OFFICIAL DATE: SEPTEMBER 27, 1993 SUBJECT: ROBERTS RISE/AMENDMENT TO AGREEMENT REGARDING REMOVAL OF BOAT DOCK ISSUE Should The Honorable Mayor and Board of City Commissioners approve an amendment to an existing agreement regarding the removal of the Roberts Rise Boat Dock between the City of Ocoee and Courtney Consulting Corporation? BACKGROUND/DISCUSSION The Courtney Consulting Corporation development the Roberts Rise Subdivision. The Roberts Rise Homeowners Association Inc. has requested permission from the City to permanently remove the boat dock which is commonly known as the Roberts Rise Boat Dock. Due to this request, the City Commission requested our City Attorney to review the actions necessary in order to authorize the removal of the boat dock. According to our City Attorney an amendment to the original agreement dated March 15, 1988 will be required. The amendment to the original agreement has been prepared and signed by the Courtney Consulting Corporation and the Roberts Rise Homeowners Association Inc. RECOMMENDATION Staff recommends that The Honorable Mayor and Board of City Commissioners approve this',Amendment to the Agreement regarding the removal of the Roberts Rise Boat Dock. DWF/sas Robert's Rise HomeownersJ September 15, 1993 A meeting of the Robert's Rise Homeowners Association Board of Directors and Association president was called to order at 9:00 Am on September 11 , 1993. All board members were present. Discussion was opened in regards to removal of the dock in question. A motion was made by Mr. Norris Williamson to accept the proposed amendment from the City of Ocoee attorney and was seconded by Mr. Bill Jones. The aforementioned issue was voted on and passed by a full majority vote. A motion was made to adjourn by Mr. Bill Jones and seconded by Mr. Roger Rulo at which time the meeting was closed. Mr. Fred Nielsen President Robert's Rise Homeowners Association 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 TALLAHASSEE, FLORIDA POST OFFICE BOX 2193 MADISON. WISCONSIN WEST PALM BEACH, FLORIDA ORLANDO. FL. 32802-2193 WASHINGTON, D.C. ANNAPOLIS, MARYLAND CHICAGO, ILLINOIS August 24, 1993 Mr. Alfred R, Nielsen - -- 716 Kelly's Cove Ocoee, Florida 34761 Re: Robert's Rise/Removal of Boat Dock Dear Fred: This letter is to follow-up on my correspondence to you of July 7, 1993 . We have now obtained the approval of Courtney Consulting Corporation to the proposed Amendment to Agreement dated March 15, 1988 between the City and Courtney Consulting Corporation. Enclosed is a copy of the proposed Amendment to Agreement as executed by Courtney Consulting Corporation. The originals of the proposed Amendment have been forwarded to Jean Grafton, Ocoee City Clerk. In order that this matter may be finalized and presented to the Ocoee City Commission for its consideration, it is requested that you schedule a special meeting of the Board of Directors of the Association in order to consider approval of the proposed Amendment. Assuming that the Board approves the Amendment, you should then call Jean Grafton at 656- 2322 (extension 146) and coordinate a time for you to go by City Hall to execute the Amendment. Please bring with you the corporate seal of Robert's Rise Homeowner's Association, Inc. Following such execution, this item will be placed on the City Commission Agenda and you will be notified of the date of the Commission meeting at which it will be considered. ; Upon approval by the Association and the City, the Amendment would authorize the Association to permanently remove the dock at its sole cost and expense. Accordingly, the Association Board should also consider taking action authorizing the removal of the dock at the expense of the Association upon approval of the Amendment by the City. Removal of the dock by the Association would remove the Association from any further liability and responsibility with respect to the dock. Of course, any such removal should be coordinated with Don Flippen, Ocoee Building and Zoning Official. Mr. Alfred R. Nielsen August 24, 1993 Page 2 If you or any member of your Board of Directors have any questions regarding the proposed Amendment, please let me know. LSincer y, Paul . Rosenthal City Attorney City of Ocoee PER/crt Enclosure cc: Mr. Ellis Shapiro Mr. Don Flippen Mrs. Jean Grafton C:\WP51\DOCS\OCOE\LEITERSW IELSEN.LTR I8/24/93I OD I PER:cct THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Rosenthal, Esq. FOLEY & LARDNER 111 North Orange Ave. , Suite 1800 P.O. Box 2193 Orlando, FL 32802-2193 (407) 423-7656 AMENDMENT TO AGREEMENT THIS AMENDM N TTO AGREEMENT is made and entered into this dayof /1)UU�1' , 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 CORPO ION, Florida corp ratio , hose address is '121 PALMER AVENUE WINTER QX 3271'the "Developer") and ROBERT'S RISE HOMEOWNER'S ASSOCIATION{, INC., a Florida not-for- p r o f i t 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 dock is currently 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 3 and 4 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: jai the presence of: COURTNEY CONSULTING CORPORATION, l.Ll �(� • ilk/ a Florida corporation ame: Lilrjel L1) k ' / _ 6By: 6&b4,41J.. 11111)1 i 6 L (C - / t�u��J Name: Robin R. Courtney Name /r t,p cc a Title: President (CORPORATE SEAL) /� ASSOCIATION: ( ��� �.r_- ROBERT'S RISE HOMEOWNER'S Nam€: Cathy Sills ASSOCIATION, INC., a Florida not-for-profit corporation (\�h By: � (' Name: Mark W. Brace Name: lfred Nielsen Title President (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 Robin R. Courtney as President of COURTNEY CONSULTING CORPORATION, a Florida corporation, who is personally known to me or (who produced goeib f l ER 5 n/log),) c as identification and who executed foregoing instrument on behalf of said corporation and she acknowledge before me that she executed the same on behalf of said corporation. WITNESS my hand and offic 1 seal in the County and State 2 last aforesaid this 2 ay of ` 4/9/J6i- , 1993. / / r /Q dyai —Sfg of Notary XA c.&/) • Name of Notary (typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): inn _ I i STATE OF FLORIDA COUNTY OF A_a.ix r2) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Alfred Nielsen 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 r404, 1ZA..ti ipy4,2S-616-s/-333.Oas identification and who executed the foregoing instrument on behalf of said corporation and he acknowledge before me that he executed the same on behalf of said corporation. WITNESS my hand and officW seal in the County and State last aforesaid this oaL day of , 1993. Signature of Notary MARIAN 6.GREEN Notary Public-State of Florida Marian B. Green My Commission ExpiresNOV 04,1994 COMMt CC 052912919 Name of Notary (typed,Printed or Stamped) . Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): C:\WPSI\DOCS\COAMEND.DOC;7RI/9310D t PER:rn / FOLEY & LARDNER III NORTH ORANGE AVENUE. SUITE 1800 ORLANDO, FLORIDA 32801 TELEPHONE 14071 423-7656 FACSIMILE (4071 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: Jean Grafton, City Clerk FROM: Paul E. Rosenthal, Esq. , City Attorney DATE: Au ust 24 , 1993 RE: Ro ert's Rise/Amendment to Agreement Regarding Re oval of Boat Docks Attached hereto are three (3) originals of the proposed Amendment to Agreement between the City of Ocoee, Courtney Consulting Corporation and Robert' s Rise Homeowner' s Association, Inc. These originals have been executed by Courtney Consulting Corporation. As indicated by the enclosed letter to Mr. Nielsen, I have requested that the Board of Directors of Robert' s Rise Homeowner's Association meet to consider the Amendment. Following their approval, Mr. Nielsen has been requested to coordinate with you the execution of the Amendment. After the Amendment has been executed by Robert' s Rise Homeowner' s Association, please notify Ellis Shapiro and Don Flippen so that they may coordinate placing this item on the City Commission agenda. In the meantime, please hold all three (3) originals in your files. Enclosure cc: Mr. Ellis Shapiro Mr. Don Flippen C:\WP5l\DOCS\OCOE\MEMOS\GRAFTON I.MEM 18/24/93OD 1 PER:crt • FOLEY Sc 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 WEST PALM BEACH. FLORIDA ORLANDO. FL. 32802-2193 WASHINGTON. D.C. ANNAPOLIS. MARYLAND CHICAGO. ILLINOIS MEMORANDUM • TO: Jean Grafton, City Clerk FROM: Paul E. Rosenthal, Esq. , City Attorney , DATE: August 24 , 1993 • RE: Robert ' s Rise/Amendment to Agreement Regarding Removal of Boat Docks Attached hereto are three (3) originals of the proposed Amendment to Agreement between the City of Ocoee, Courtney Consulting Corporation and Robert ' s Rise Homeowner ' s Association, Inc. These originals have been executed by Courtney Consulting Corporation. As indicated by the enclosed letter to Mr. Nielsen, I have requested that the Board of Directors of Robert ' s Rise Homeowner ' s Association meet to consider the Amendment. Following their approval, Mr. Nielsen has been requested to coordinate with you the V` execution of the Amendment. After the Amendment has been executed ,vo by Robert ' s Rise Homeowner ' s Association, please notify Ellis 0.1 Shapiro and Don Flippen so that they may coordinate placing this item on the City Commission agenda. In the meantime, please hold all three (3) originals in your files. C ke_6 Go a4-44t) Enclosure ckle CEJ • cc: Mr. Ellis Shapiro a-161-01-400y Q' 6012-1t Mr. Don Flippen C:\W PS I\DOCS\OCOI:IM EMOS\G RAFiON I.M EM 18/24/9310D I PER:crt 4 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: Jean Grafton, City Clerk FROM: Paul E. Rosenthal, Esq. , City Attorney DATE: August 24 , 1993 RE: Robert's Rise/Amendment to Agreement Regarding Removal of Boat Docks Attached hereto are three (3) originals of the proposed Amendment to Agreement between the City of Ocoee, Courtney Consulting Corporation and Robert ' s Rise Homeowner ' s Association, Inc. These originals have been executed by Courtney Consulting Corporation. As indicated by the enclosed letter to Mr. Nielsen, I have requested that the Board of Directors of Robert ' s Rise Homeowner ' s Association meet to consider the Amendment. Following their approval, Mr. Nielsen has been requested to coordinate with you the execution of the Amendment. After the Amendment has been executed by Robert' s Rise Homeowner ' s Association, please notify Ellis �, -a3 Shapiro and Don Flippen so that they may coordinate placing this item on the City Commission agenda. In the meantime, please hold all three (3) originals in your files. q^i1 -93 n, /a) / P a-441-4`) Enclosure 0 cc: Mr. Ellis Shapiro Mr. Don Flippen etAirC:\WP5l\DOCS\OCOE\MEMOS\GRAFfONI MEM18/24/93IOD;PER:cn