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Home My WebLink AboutEagle Bay Wood Products Amended Development Order -2007 07 23._."•~,~••~~~~A~•N~~~n+~atpNlllNlANiiIIII THIS INSTRUi<iENT \VAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese, Esquire Post Office Box 2873 ~7"'Otlando, Florida 32802-2873 vv Phone: {407) 425-9>66 t#iRYANNE P10RSE, CLERK OF CIRCUIT COURT 5EtlINOLE CE?UNTY aK Q6878 Rg6 i159;i - 597; t3pgsi CLERK' 5 # ,~Cafj~l6E,g19 REL't1RDED SC/A3Is407 OB:54:~22 Ah1 RECORDII~ FEES 27.(111 RacoRDED av T s~iti: CITY OF WINTER SPRINGS AMENDED DEVELOPMENT ORDER IN AND BEFORE THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA In re: Eagle Bay Wood Products Transfer of Ownership Interest from Timothy and Hope Montgomery to MARLOC Enterprises, LLC. (Members David Lockart and Alfredo Marquez 203 Cress Run Oviedo, FL 32708 Parcel Id. 03-21-31-300-0040-0000 Date: July 23, 2007 Agenda Item: Regular 606 On July 23, 2007, the City Commission consider a request to transfer the rights under a previously issued development order. Based on said request, the City Commission hereby fords and orders as follows: FINDINGS OF FACT 1. On March 28, 2005, the City Commission of Winter Springs approved a Development Order affecting the subject property. Said Development Order was recorded in the Official Public Records of Seminole County, Florida at Book 05689, Pages 0065-0071. 2. The Development Order, under paragraph B (1) in the conclusions of law, provided that the principal shareholders, Timothy and Hope Montgomery, shall not transfer controlling interest in Eagle Bay to any person or entity, unless said person is a member of the Montgomery's immediate family including father, mother, brother, sister, uncle, aunt and first cousin or said entity is controlled by a similar family member. If the Montgomerys desire to transfer controlling interest in Eagle Bay to anon-family member, the proposed new owner must apply to the City Commission for consent under the law applicable at the time of the proposed transfer. Consent will not be unreasonably withheld provided Eagle Bay is in City of Winter Springs Eagle Say Development Order Page 1 of 3 compliance with, and the transferee agrees in writing to, the terms and conditions of this order. (Emphasis Added). 3. Pursuant to the Development Order, the Montgomerys requested that the City Commission consent to a transfer of the controlling interest of Eagle Bay to MARLOC Enterprises, LLC., whose managers and members are David Lockart and Alfredo Marquez (hereinafter referred to as "MARLOC"). MARLOC will continue to conduct business on the Property under the fictitious name Eagle Bay Wood Products. 4. At a duly held City Commission meeting on July 23, 2007, the City Commission heard the Montgomery's request and consented to the transfer. Therefore, the Development Order is amended to reflect that the City hereby consents to the aforesaid transfer of the controlling interest in Eagle Bay. If MARLOC desires to transfer controlling interest in MARLOC or Eagle Bay to any person or entity, or if David Lockart and Alfredo Marquez desire to transfer their controlling ownership interest in MARLOC, the proposed transferee must apply to the City Commission for consent under the law applicable at the time of the proposed transfer. Consent will not be unreasonably withheld provided Eagle Bay is in compliance with, and the transferee agrees in writing to, the terms and conditions of this order. 5. Paragraph B(1} of the Original Development Order which is referenced above is hereby deleted in its entirety. The provisions of the Development Order not amended by this Amended Development Order shall remain in full force and effect. 6. MARLOC Enterprises, LLC. and David Lockart and Alfredo Marquez by executing this Amended Development Order hereby agree to the terms and conditions of the Development Order as amended hereunder. Done and ordered this ..~ day of July, _007. ~~~,~',G~ ~'~, CITY OF WIN`k`E~~`$P~~~~Ol~~~'~, ~ • tx» , _ ~ . ~. ' r~ ~- JO F. BUSH, NIF~~yor ~;, " ', ' .; ~ - ~~.,.,,. City of Winter Springs Eagle Bay Development Order Page 2 of 3 ATTEST: r' AND A LORENZO-LUACES, City Clerk Approved o legal form and sufficiency for the City f W nter Springs only: ANTH NY . GARGANESE, City Attorney MARLOC Enterprises, LLC. - ~~ C' ~ - ~~ David ockart, Manager/member !~ City of Winter Springs Eagle Bay Development Order Page 3 of 3 David Lockart ~~ DEC 1 12007 BROWN, GARGANESE, WEISS & D'AGRES~.,~ ~?,~,~ S PRIfJGS OFFICE OF THE CITY CLERK Attorneys at L.a~v Debra S. Babb-Nutcher° Offices in Orlando, Kissimmee, Cocoa, Tara L. Barrett Joseph E. Blitch Ft. Lauderdale & Tampa Vivian P. Cocotas Usher L. Brown' Scott J. Dornstein Suzanne D'Agresta° Mitchell B. Haller Anthony A. Garganese° Katherine W. Latorre J.W. Taylor Terri E. Oster Jeffrey S. Weiss Amy J. Pitsch Board Certified Civil Trial Lawyer °Board Certified City, County & Local Government Law Board Certified Appellate Practice December 10, 2007 Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: City of Winter Springs Amended Development Order Dear Andrea: Erin J. O'Leary' Catherine D. Reischmann° William E. Reischmann, Jr. Of Counsel Please find enclosed for safekeeping, the original recorded and fully executed Amended Development Order for Eagle Bay Wood Products. Should you have any questions, please do not hesitate to me. Ve ruly yours, °yG~ ennette Farris Assistant to Anthony A. Garganese /j f Enclosure 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 (866) 425-9566 • Ft. Lauderdale (954) 670-1979 Website: www.orlandolaw.net • Email: firm@orlandolaw.net