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21-3271 - Termination of Voluntary Development Commitment Agreement - Nieuport Partners II, LLC
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21-3271 - Termination of Voluntary Development Commitment Agreement - Nieuport Partners II, LLC
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10/21/2021 5:39:33 PM
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Resolutions
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9/27/2021
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Prepared by: <br />Catherine D. Reischmann, Esq. <br />City Attorney <br />P.O. Box 2873 <br />Orlando, FL 32802-2873 <br />Return to: <br />City Clerk <br />City of Casselberry <br />95 Triplet Lake Drive <br />Casselberry, FL 32707 <br />GRANT MALOY, SEMINOLE COUNTY <br />CLERK OF CIRCUIT COURT & COMPTROLLER <br />083 TROL ER <br />CFN# 2021132935 Bk:10064 Pg: k 83-178 <br />REC: 1010712021 8:11:49 AM by <br />mendez <br />RECORDING FEES $27.00 <br />NOTICE OF TERMINATION OF VOLUNTARY <br />DEVELOPMENT COMMITMENT AGREEMENT <br />The CITY OF CASSELBERRY, a Florida municipal corporation, whose address is 95 <br />Triplet Lake Drive, Casselberry, FL 32707, hereby files this Notice of Termination of the <br />Voluntary Development Commitment Agreement regarding the real property described in <br />Exhibit "A" attached hereto ("Property"). <br />WHEREAS, Nieuport Partners II, LLC and the City of Casselberry entered into that <br />certain Voluntary Development Commitment Agreement dated September 23, 2013, and <br />recorded on August 1, 2018, in O.R. Book 9182, Page 706-739, and re-recorded August 2, 2018, <br />in O.R. Book 9182, Page 1599-1612, Public Records of Seminole County, Florida. <br />WHEREAS, Paragraph 25 of the Agreement states: <br />25. TERMINATION. The City shall have the unconditional right, but no <br />obligation, to terminate this Agreement, without notice or penalty, if Developer fails to <br />receive building permits and substantially commence construction of the Project within <br />three (3) years of the Effective Date of this Agreement. If the City terminates this <br />Agreement, the City shall record a notice of termination in the public records of <br />Seminole County, Florida. <br />WHEREAS, the Developer has not received building permits or substantially <br />commenced construction of the Project as of today's date, which is eight (8) years from the <br />Effective Date of the Agreement; <br />WHEREAS, the Property includes some land owned by the City. <br />NOW, THEREFORE, the City, for good and valuable consideration, does hereby <br />exercise its unconditional right to terminate the Agreement referenced above. <br />IN WITNESS WHEREOF, this Notice of Termination is effective as of the date of <br />execution. <br />1 <br />
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