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HomeMy WebLinkAboutCypress Pointe Termination of Conceputal Development Agreement -2004 08 26IIIII II IIIIIINNIMIIIIIIIIIIIIIIININIIIIIINI~INII ,. Prepared by and return to: Anthony A. Garganese, Esquire ~- Brown, Garganese, Weiss & D'Agresta, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 (407)425-9566 htARYANNE MOR5E, CLERK OF CIRCUIT COURT SEIMINOLE COUNTY BK 05443 PG 0642 CLERK'S # 2004139337 RECORDED 09/08/2004 02:50:45 Cpl kECDRDING FEES 10.00 RECORDED ELY G Narford NOTICE OF TERMINATION OF CONCEPTUAL BINDING DEVELOPMENT AGREEMENT The City of Winter Springs, Florida, hereby notifies the public by this written instrument that the Conceptual Binding Development Agreement by and between the City of Winter Springs, Florida, a Florida municipal corporation and Cypress Pointe at Winter Springs, Ltd., a Florida limited partnership, recorded in Book 04886, Page 0212 of the Seminole County Florida Public Records, was automatically terminated and nullified pursuant to Paragraph 4.0 of the Agreement because Cypress Pointe at Winter Springs, Ltd., was unable to close on the Cypress Point Property. Paragraph 4.0 of the Agreement states as follows: 4.0 Purchase of Property Cypress Pointe will promptly use all reasonable and best efforts to complete the acquisition of the Property pursuant to its existing contract rights and provide written notice of the acquisition to the City. However, in the event that Cypress Pointe does not acquire fee simple ownership of the Cypress Pointe Property by the closing date set forth under the terms of the existing purchase contract, then this Agreement shall be automatically terminated and nullified, in which event the parties' obligations under this Agreement shall be and become null and void and of no further effect. Cypress Pointe shall promptly provide the City written notice if Cypress Pointe fails to close on the Cypress Pointe Property. IN WITNESS WHEREOF, the Cit as executed this Notice of Termination of Conceptual Binding Development Agreement, thi~o ay of August, 2004. CITY OF WINTER SPRINGS, a Florida Municipal Corporation PaJnt N me• i1~W~+jIA. i4/'~/M~S ~. C%G~''jk/~--~ Print Name: STATE OF FLORIDA By: ~,,,,,~Grw. ate..-- Ronald McLemore, City Manager COUNTY OF SEMINOLE ,~-_._. The foregoing instrument was acknowledged before me this ~~ day of August, 2004 by Ronald McLemore, City Manager of the City of Winter Springs, vv o i~ p sonally known to me and who did not take an oath. [ ~ ~ 1 I i;'~__. ~• (NOTARY SEA Androa loronzo-lwce+ -TAI t ~ Signature ;4 My Ccmmiss~on pp20sa70 ~;,;,{~~ -1.~ ~r ~ Expres MaY o9~ ~~ Typed or Printed Notary Name a Commission No.: My commission expires: Notice of Termination of Conceptual Binding Development Agreement Page 1 of 1