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HomeMy WebLinkAboutJDC Calhoun, Inc. Certification - 2001 12 01CERTIFICATION JDC Calhoun, Inc. (a Georgia corporation) ("JDC") and Capital Green I, LLC (a Georgia limited liability company) (CGI") hereby makes and gives this Certification to and in favor or the City of Winter Springs, Florida (the "City"), this day of December, 2001 WITNESSETH THAT WHEREAS, JDC made and entered into that certain Purchase and Sale Agreement with Laverne and June Kingsbury (hereinafter collectively referred to as "Seller"), as the same may have heretofore been amended (hereinafter referred to as the "Contract"), for the purchase and sale of certain real property located in Winter Springs, Seminole County, Florida, as more particularly described in the Contract (hereinafter referred to as the "Property"); WHEREAS, JDC made and entered into with the City that certain Agreement, dated August 1, 2000, relating to the Property (as heretofore amended, the "Agreement"); NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, and to induce the City to consent to the assignment of the Agreement as hereinafter described, JDC and CGI hereby certify, represent, and warrant to and in favor of the City as follows: 1. JDC intends to transfer to CGI all of its right, title, and interest in and to the Contract and the Property. 2. CGI intends to accept such transfer and to acquire the Property. 3. Upon such transfer and acquisition, CGI will be the fee simple owner of the Property, and as such owner, will be the owner of any and all leases covering all or any part of the Property and will be entitled to any and all rents from the Property. 4. JDC intends to transfer to CGI all of its right, title, and interest in and to the Agreement. 5. CGI will assume all of the obligations, duties, and liabilities of JDC under and pursuant to the Agreement. 1419462v1 6. The principals involved with JDC are the same principals involved with CGI, among them being Shane Doran and Robert J. Doran, Jr., who will continue to have primary responsibility for decision-making concerning the Property and its development. 7. CGI will continue to employ Greenberg Traurig and LS3P Associates, Ltd. in connection with the Agreement. CAPITAL GREEN I, LLC By: ESD Properties, Inc. Its Manager By: Its JDC Calhoun, By: Its: Inc. 1419462v1