HomeMy WebLinkAboutMiranda, Joseph M. and Zelia M. Notice of Termination of Binding Development Agreement -2005 05 17~l~l~~~w~~~~M~~~~~1~~~~~~i^
Pr.~pared by and return to:
• A~thony A. Garganese, Esquire
BrarY~, Garganese, Weiss & D'Agresta, P.A.
Post Oftice Box 2873
Orlando, Florida 32802-2873
(407)425-9566
NOTICE OF TERMINATION OF
BINDING DEVELOPMENT AGREEMENT
The City of Winter Springs, Florida, hereby notifies the public by this written instrument that
the Binding Development Agreement by and between the City of Winter Springs, Florida, a Florida
municipal corporation and the owner of the subject property, Joseph M. Miranda and Zelia M.
Miranda, recorded in Book 04450, Page 0328 of the Seminole County Florida Public Records, was
automatically terminated and nullified pursuant to Paragraph 6.8 of the Agreement because Joseph
M. Miranda and Zelia M. Miranda failed to substantially construct the automotive repair shop within
the two (2) year time period. Paragraph 6.8 of the Agreement states as follows:
6.8 Expiration.
If construction of the automotive repair shop is not substantially completed during the
course of two (2) years from the date that this Development Agreement is executed, as
evidenced by Certificates of Occupancy, this Development Agreement shall expire. The two
(2) year period maybe extended by the City Commission, if due to difficulties beyond the
Owner's control and despite a good faith effort by the Owner, construction is delayed.
On May 9, 2005, the City Commission of Winter Springs did not approve owner's
request for an extension.
IN WITNESS WHEREOF, the City has executed this Notice of Termination of Binding
Development Agreement, this ~ ~ r day of May, 2005.
CITY OF WINTER SPRINGS,
~~s~G~~ ,/~,c~',~ a Florida Munici al Corporation ~-` •
/71 ~clie l /~, /~y By: ~ ~ -
Print me• Kip Lockcu f, Acting Cit _ianag r
Pint Name:
STATE OF FLORIDA _
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this f~ c~ay of May, 2005 by Kip Lockcuff,
Acting City Manager of the City of Winter Springs, who is personally known to me and who d~i~d,,n~ot take an
oath. ~~~~~
(NOTARY SEAL) Notary Pu i Signature
,e ,ate GUS /e ~f
i„Nry~~ v+nnett Typed o Printed Notary Name
:~ • My Commission DD265644 Commission No.: bJ~ a (o S(n 5~~
r- „~ Expires r.n~•ry u, 2ooe My commission expires: G~~i. ~ ~~ ~ Go g'
Notice of Termination of
Binding Development Agreement\
City of Winter Springs & Miranda
Page 1 of 1
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J U L 0 6 X005
BROWN, GARGANESE, WEISS & I~~~~ f -`~~~P.A.
Attorneys at Lain
Usher L. Brown' Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher"
Suzanne D'Agresta" Cocoa & ~'iera Joseph E. Blitch
Anthony A. Garganese" Victoria L. Cecil
Jeffrey S. Weiss Scott J. Dornstein
Andrew M. Fisher
Katherine W. Latorre
Amy J. Pitsch
Board Certified Civil Trial Lawyer
''Board Certified City, County & Local Government Law
Erin J. O'Leary
J. W. Taylor
Of Counsel
July 1, 2005
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
Re: Notice of Termination of Binding Development Agreement-Miranda
Dear Andrea
Enclosed is the original termination of binding development agreement involving
Joseph M. Miranda. Please file this document for safe keeping.
~! tr y yours,
Antho .Garganese,
City Attorney
AAG/slb
cc: Randy Stevenson, Community Development Director
225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net • Email: firm@orlandolaw.net
,. .. a
MARYANNE MORSE
CLERK OF COURT, SEMINOLE COUNTY
301 NORTH PARK AVE
SANFORD, FL 32771
487-6f+5-4411
DATE:06/22/2005
TIME:10:56:51 AM
RECEIPT:323286
BROWN 6ARGANESE WEISS
ITEM -01 TERM li
FILE:2885193964
REC(NiDIHG FEE
Sub. Total
AMOUNT DUE:
PAID CHECK:
Check M:19188
TOTAL PAID:
x:56:51 AM
BK/PG:5777/8545
18.98
18.98
sie. ee
f18.08
sie. e9
(10.00
REC BY:LMICKINLEY
DERUTY CLERK
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