HomeMy WebLinkAboutMain Street Associates Notice of Termination November 2010• k ... .. .. .... .. .. ..
Prepared by and return to:
Kimberly Romano Kopp
Assistant City Attorney, Winter Springs
Brown, Garganese, Weiss & D'Agresta
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802
NOTICE OF TERMINATION
THIS NOTICE OF TERMINATION (herein referred to as the "Termination "), made
and executed this day of November, 2010, by the CITY OF WINTER SPRINGS,
FLORIDA, a Florida municipal corporation (herein referred to as the "City "), whose address is
1126 East State Road 434, Winter Springs, Florida, 32708.
WITNESSETH:
WHEREAS, the City and MAIN STREET ASSOCIATES, LLC, a Georgia limited
liability company, ( "Developer ") previously entered into an Implementation Agreement
recorded in Official Records Book 6599, Pages 1705 -1726 of the public records of Seminole
County, Florida ("Implementation Agreement "), for the purpose of constructing a two phase
development project, which project is no longer economically feasible; and
WHEREAS, WINTER SPRINGS HOLDINGS, INC., a Delaware corporation, is
successor in interest to Developer ( "Owner's; and
WHEREAS, Owner and the City entered into that certain Agreement dated August 23,
2010, recorded in Official Records Book 7472, Pages 1007 of the public records of Seminole
County, Florida ( "WSH Agreement ") setting forth certain conditions for termination of the
Implementation Agreement; and
WHEREAS, all of the terms and conditions contemplated under the said WSH
Agreement have been satisfied; and
WHEREAS, the parties now desire to terminate the Implementation Agreement.
NOW THEREFORE, in consideration of the mutual covenants and mutual benefits
herein contained, the parties agree that the Implementation Agreement is terminated and is no
longer of any force and effect. The parties further acknowledge that the property is no longer
bound by the following two predecessor development agreements: (i) Agreement between the
City and Schrimsher Land Fund et a1, dated June 26, 2000; and (ii) the WSTC Phase II
Developer's Agreement between the City and JDC Calhoun, Inc., dated December 15, 2005.
IN WITNESS WHEREOF, the parties have executed this Termination as of the date
first written above.
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
CITY OF WINTER SPRINGS, FLORIDA
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y Clerk C S LAC , aye /
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The foregoing instrument was acknowled ed before me this OLD'- day of November,
2010, by JOHN F. Bblffl as Mayor, who is nersonall kno to me or who
produced their Florida Driver's license as identification.
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Notary PuRic — State of Florida
0 °4y_ Notary Public State of Florida ant Name: ��A�rC.C,{Goc�� N7-
_ �, Gayle A Coutant My commission expires: 6 o 12ol z ol3
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WITNESS .
Name:
Name:
STATE OF )
COUNTY OF )
WINTER SPRINGS HOLDINGS, INC.
Name:
Title:
The foregoing instrument was acknowledged before me this day of November,
2010, by , as , who is personally known to me or
who produced their Florida Driver's license as identification.
Notary Public — State of Florida
Print Name:
My commission expires: