HomeMy WebLinkAboutCapital Green I, Short Form Memorandum of Agreement Certified -2004 02 19
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" ,,', )- MARVANNE MORSE, CLERK OF CIRCUIT COURT
." SEMINOLE COUNTY
: BK 05208 PGS 0339-0343
CLERK'S # 20040279G3
R~CORUtD ~/~b/2004 08:a4:~7 AM
RECORDING FF.ES 24.00
Prepared by and return to: RECORDED BV L McKinlev
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Brown, Salzman, Weiss & Garganese, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
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SHORT FORM MEMORANDUM OF AGREEMENT
THIS SHORT FORM MEMORANDUM OF AGREEMENT, dated this I 't tk. day of
eh r a. (' \. ,2004 by and among CAPITAL GREEN I, LLC., a Georgia limited liability
J t\ company (" apital"), and the CITY OF WINTER SPRINGS, a Florida municipal corporation,
j 0 ("City").
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~ t\ WHEREAS, IDC Calhoun, Inc., a Georgia corporation ("IDC"), and the City of Winter
V\ b""" rf\ Springs, a Florida municipal corporation previously entered into that certain Agreement, dated
pc> August 1,2000; and
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11:0- WHEREAS, Capital Green I, LLC, a Georgia limited liability company, is the successor in
interest to the Property described herein.
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~ 0 KNOW ALL MEN BY THESE PRESENTS:
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/' ,t.. A. Capital Green I, LLC is the owner of that certain real property located within the City
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~O- limits of Winter Springs, Seminole County, Florida, more particularly described on Exhibit "A,"
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j .(b <:? attached hereto and fully incorporated herein by this reference ("Property").
B. IDC and the City entered into that certain Agreement dated August 1, 2000
("Agreement"), whereby IDC and the City memorialized their understandings and agreement
regarding their respective interests, expectations, and intentions contained therein pertaining to the
City of Winter Springs Town Center.
C. JDC and the City entered into a First Modification of Agreement on July 23,2001,
whereby IDC and the City modified the terms and provisions of that certain Agreement.
D. JDC and the City entered into a Second Modification of Agreement on June 23,2003,
whereby IDC and the City further modified the terms and provisions of that certain Agreement.
, CERTIFIED COpy
Short Form Memorandum of Agreement
Capital Green 1, LLC and City of Winter Springs MARY ANNE MORSe
Page I of 3 GlERK OF CIRCUIT COUftll
~~~
' ~UTY
fEa -2 6 200l
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E, Pursuant to Article xxn, Recordation, of the Agreement, IDC and the City desire to
execute this Short Form Memorandum of Agreement and record the same in the public records of
Seminole County, Florida, for the purpose of placing all thlId partJ.es on notice of die existence of
the Agreement, the First Modification of Agreement, and the Second Modification of Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day and year flIst above written.
WITNESSES:
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ci\ \~ II \ CAPITAL GREEN I, LLC
PrintName~ ~~n1P.-^'UUe.r 'Blj' (Sb PlOpLdies.,.Ln~. , Ds~
~CCa- t ~ By: ~~~
Pri Name: "Re.loec Cd E, Love:tt Print N O()hn l.\."bi-sh..e.r
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ATTEST: CITYOFWINTER~~aS,FL&~'"
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J1 t q:ztCIZ\;tb'IC/LLc,J By: ;f~jJ~ ~~fc~ ~ f .,~'
~~~ Ronald W. McU,rriBre,,,Cr%~lU1ager .: J,.r .:
Debra Franklin, Deputy City Clerk " :.~ ". ) ( ,.. ,.~v '
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STATEOF ~:nt CJlRt>u'tvf! 'II.", .... .,'
COUNTY OF hP~f.t{!(lll( ...".'
I HEREBY CERTIFY that on this day, before me, an officer du~y authori,zed in tJ:te State and CO~.
aforesaid to take acknowledgments, personally appeared .JOVl() ~. b,s\..a- I 'lice PresM- \ fSD Pro es,mc.
1'11~ of (' G.t'~ta.1 h~ 1: ILLf.'. ~ to me known personally or 0 who produced
, - - 0 .as identification, to b.e, fue.persoI}, described, in and who executed the foregoing instrument and he
acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear
an oath.
WITNESS my hand and official seal in the State and County last aforesaid this ~ day of
J:'eb~ 2004.
(Not"y Seal) ~ahuU. 8 ~
........ OTARY PUBLIC
~..,." e. ,~~ My Commission Expires:
l.~CJ;:"..... ~ \. My CommlMloo EJqpANG 4-.>>2008
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~ a: i -___~, . Short Form Memorandum of Agreement
~ ... PUB\': I~l Capital Green I, LLC and City of Winter Springs
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STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that ort this day, before me, an officer duly authorized in the State and County
aforesaid to take acknowledgmen~onally appeared Ronald W. McLemore, City Manager of the City
of Winter Springs, Florida,~me known personally or 0 who produced as
identification, to be the person described in and who executed the foregoing instrument and he
acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear
an oath.
-\. _ WITNESS my hand and official seal in the State and ,unty last aforesaid this)...~ay of
~"'L ' 2004.
...,....:;.~..,;.;..(,otary Seal)
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.: ,','.' \ I'\. ,. A R Y ,: \ :; """"!'.. Andrea Lorenzo-Luaces
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:::'" . (j: . " My commission 00209870
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G:\DocsICily of Winter SpringsVames Doran ColShorCForm_Mcmorandum,wpd
Short Form Memorandum of Agreement
Capital Green I, LLC and City of Winter Springs
Page 3 of 3
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EXHIBIT "AJJ
AlJ" OF TI::lE UNPLATTED PART OF BLOCK "B" LYING ON THE EAST SIDE OF TI:lE
OVIEDO-SANFORD BRICK ROAD, OF D.R. MITCHELL'S SURVEY OF THE LEVy GRANT
ON LAKE JESSUP, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LESS: BEGIN AT
THE NORTHWEST CORNER, RUN SOUTHWESTERLY ON THE ROAD 520 FEET; NORTH
50'09'45" E, 335.54' NORTH 72'40'15" W. 618.86' TO THE POINT OF BEGINNING,
SECTION 36, TOWNSHIP 20 SOUTH, RANGE 30 EAST.
ALSO LESS:
THAT PORTION OF STATE ROAD 434AND BRANTLEY AVENUE (A.K.A, TUSKAWILLA
ROAD) AS RECORDED IN THAT CERTAIN ORDER OF TAKING RECORDED IN OFFICIAL
RECORDS BOOK 2803, PAGE 1023, PUBLIC RECORDS OF SEMINOLE 'COUNTY,
FLORIDA.
ALSO LESS:
THE NORTH 209.00 FEET OF THE EAST 358.00 FEET OF BLOCK "B" THAT IS ON
THE EAST SIDE OF OVIEDO-SANFORD ROAD (A.K.A. STATE ROAD 434), ON THE
WEST SIDE OF BRANTLEY AVENUE (A.K.A. TUSKAWILLA ROAD), ON THE SOUTH
SIDE OF PLATTED ROAD (A.K.A. FIRST STREET) OF D,R. MITCHELL'S SURVEY OF
THE ,LEVY GRANT ON LAKE JESSUP, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA,
ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE A TTHE NORTHEAST CORNER OF BLOCK "B", D. R. MITCHELL'S SURVEY
OF THE LEVY GRANT.ON LAKE JESSUP, AS RECORDED IN PLAT BOOK 1, pAGE 5,
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT ALSO BEING THE
INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PLATTED ROAD (A.K.A.
FIRST STREET) AND BRANTLEY AVENUE (A.K.A. TUSKAWILLA ROAD) OF SAID D.R.
MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP; THENCE RUN N
72'40'15"W, ALONG THE SOUTH RIGHT OF WAY, LINE QF,PLATTED,ROAD (A.K.A.
FIRST STREET) AND THE NORTH LINE OF BLOCK "B", A DISTANCE OF 358.00 FEET
FOR THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTH RIGHT
. OF WAY LINE AND THE NORTH LINE OF BLOCK "B", N 72'40'15" W, 790.81 FEET;
THENCE DEPARTING SAID SOUTH RIGHT OF WAY LINE AND THE NORTH LINE OF
BLOCK "B", RUN S 50'11'19" W, 282.94 FEET TO A POINT ON THE NORTH RIGHT
OF WAY LINE OF STATE ROAD 434, ACCORDING TO FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY MAP, S.R. 434, SEMINOLE COUNTY, FLORIDA,
SECTION 77070-2516 AND THA TCERTAIN ORDER OF TAKING, RECORDED IN
OFFICIAL RECORDS BOOK 2803, PAGE 1023, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE RUN S 39'59'35" E, ALONG SAID NORTH RIGHT OF
WAY LINE; A,DISTANCE OF 1255.86 FEET TO THE POINT OF CURVATURE OF A
, ,
CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 35.00 AND A CENTRAL
ANGLE OF 104'44'10" THENCE ALONG SAID CURVE RUN 63.98 FEET TO THE POINT
OF TANGENCY THEREOF, SAID POINT ALSO BEING ON THE ON THE WESTERLY
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RIGHT OFWA Y LINE OF BRANTLEYA VENUE (A.K.A, TUSKA WILLA ROAD) ACCORDING
TO FLORIDA DEPARTMENT OF TRANSfDORTATION RIGHT OF WAY MAP, S.R. 434,
GEM+N-e4=e.S9.~N-T-Y.,F-bQ.!?~g.,~-G:J:l.Q.~u.?-.Q."Z.0.2 516 ANn TH A T r. F R TAl NOR DE R OF
TAKING, RECORDED IN OFFICIAL RECORDS BOOK 2803, PAGE, 1023, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN N ,35'16'15" E, ALONG
SAID WEST RiGHTOF WAY LINE, A DISTANCE OF 94.48 FEET TO A POINT ON THE
WEST RIGHT OF WAY LINE OF BRANTLEY AVENUE (A.K.A. TUSKAWILLA ROAD) AS
SHOWN ON D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, AS
RECORDED IN PLAT'SOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY,
, '
FLORIDA; THENCE CONTINUE 'ALONG SAID WEST RIGHT OF WAY LINE RUN 'N
28'48'37" E, 614.65,FEET; THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE
RUN N 72'40'15" W, 358.00 FEET; THENCE RUN N 28'48'37" E, 209.00 FEET TO
THE POINT OF BEGINNING. , -
CONTAINING 15.08 ACRES, MORE OR LESS.
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