21-1549 Termination of Lease Agreement between City and Longwood Plantation HOARESOLUTION NO. 21-1549
A RESOLUTION OF THE CITY OF LONGWOOD, FLORIDA, APPROVING AND
AUTHORIZING TERMINATION OF THE LEASE AGREEMENT BETWEEN THE CITY AND
LONGWOOD PLANTATION HOMEOWNERS ASSOCIATION, INC. FOR ASSOCIATION
TRACT K; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Longwood ("City") leased certain property identified as Tract K and more
specifically described in that lease agreement ("Lease") between the City and the Longwood Plantation
Homeowners Association, Inc. ("Association") pursuant to the terms and conditions of such Lease; and
WHEREAS, such Lease commenced on January 1, 2001, and would ordinarily expire on December
31, 2099; and
WHEREAS, over time, the mutual objectives of both the City and the Association with regard to
the Lease have changed such that the parties no longer believe that the Lease is of mutual benefit to
each other; and
WHEREAS, the City desires to terminate the Lease.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD,
FLORIDA, that:
SECTION 1. The City Commission hereby approves the termination of the Lease and authorizes
the Mayor to execute, on behalf of the City, the Termination of Lease Agreement that is attached hereto
and incorporated herein.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
PASSED AND RESOLVED this IS' day of -�t n(dae 2021, bythe City Commission
of the City of Longwood, Florida.
CITY OF LONGWOOD ,
l /
Richard Drummond, Mayor
ATT
Michelle Lo , CM , CRM, City Clerk
form and legality for the use and reliance by the City of Longwood, only.
Daniel W. Lar �I
Grant Maloyy,Clerk Of The Circuit Court&Comptroller Seminole County,FL
Inst#202106`7850 Book:9937 Page:1091-1093;(3 PAGES)RCD:5/20/2021 2:12:50 PM
REC FEE$27.00
Prepared by:
Daniel W.Langley,ESQUIRE
1947 Lee Road
Winter Park,Florida 32789 •
After recording return to:
City of Longwood
Attn:City Clerk
175 West Warren Avenue
Longwood,Florida 32750
TERMINATION OF LEASE AGREEMENT
TH TERMINATION OF LEASE AGREEMENT("Termination")is made and entered
into this 2021,by and between the City of Longwood("City")and Longwood
Plantation Ho eowners Association,Inc.("Association").
WTTNESSETH:
WHEREAS,on July 20,2001,the City and the Association entered into a lease("Lease"),
pursuant to which the City leased a parcel identified as Tract K(the"Leased Premises")from the
Association commencing on January 1,2001,with a termination date of December 31,2099;and
WHEREAS, over time,the objectives of the City and the Association have evolved and
diverged with regard to the Lease and the maintenance, use, and occupation of the Leased
Premises,and the City and Association have agreed to terminate the Lease to their mutual benefit;
and
WHEREAS, § 1(e) of the Lease allows the City and Association to terminate the Lease
pursuant to a written agreement.
NOW, THEREFORE, in consideration of the mutual understandings and covenants set
forth herein,the City and the Association agree as follows:
1. The Lease is hereby terminated with respect to both parties,together with all duties
and obligations of the City imposed by such Lease with regard to the Leased Premises.
2. In accordance with this Termination,the Lease,recorded in the Official Records of
Seminole County Florida at Book#4236,Page#1068-1072,no longer binds the successors of the
parties and successors and assigns thereto and will cease to be an encumbrance running with the
land.
3. The City agrees to peaceably surrender the Leased Premises to the Association and
vacate the Leased Premises. Furthermore, the Association will allow the City a period of 20
business days to remove any personal property or equipment belonging to the City,if any, from
the Leased Premises.
4. In consideration for the termination of the Lease and notwithstanding the
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Book 9937 Pao 1092
Instrument#2021067850
termination of the Lease,the City will continue to assume and pay the entire electric power bill for
the streetlights in the Longwood Plantation Subdivision for a period of at least thirty (30) years
from the date of this Termination instrument. Further, in consideration for the termination of the
Lease, the City at the City's expense, has or will remove two trees within Track K that the
Association has designated for removal within thirty(30)days of execution of this agreement.
5. Both parties agree that any and all payments due to one another pursuant to the
Lease have been paid and settled and that no additional sums, costs, fees, or rents are due or
accruing as of the date of this Termination.
6. This is the entire agreement between the parties concerning the termination of the
Lease.
7. Venue for and jurisdiction over any litigation arising from this Termination will,if
in state court,be in a court of competent jurisdiction in and for Seminole County,Florida,or,if in
federal court,be in the Middle District of Florida,Orlando Division.
8. This Termination must be recorded in the Public Records of Seminole County,
Florida,by the City of Longwood as evidence that the Lease has been terminated and is no longer
in effect.
IN WITNESS WHEREOF,the parties hereto have made and executed this Termination
as set forth low.
CITY OF LONGWOOD,a Florida
municipal co .. .tion
By:
itness Brian D. Sackett, • or
STATE OF FLORIDA
COUNTY OF ,M p
The foregoing instrument was acknowledged before me by means of Jphy 'cal e n e r 0
online notarization, this r- day of irja , 2021 by•�t���k �h t , as
Mayor for the City of Longwood, who is personally known to me or who have
produced identification./11
�x;"""':"w,. MICHELLE LONGO I N. —
-fate of Florida
i l Commission I GGe122335 of Ma IVi
I/ /K''Q; � MyComm.ExpiresNov5.2021 (
•••••:«•' flooded though limed howmin. nted Notary Name 7 "
My Commission expires: Abiatillws,was
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Book 9937 Page 1093
LONGWO( Instrument#2021067850
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Witness II1 •!► President•
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Witness
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Witness
Witness
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STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me by means of Bfphysical presence or 0 online
notarization,this(day of (rt ,2021 by Tra
as President of Longwood Plantati Homeowners Association,Inc.,who is personally known to
me or who have produced identification.
Public Stab
of'Florida
1 can Wen Si rc—State of Florida
a� (Th
Printed Notary Name
•
My Commission expires: (to
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