1195-SAMY Realty-Sanford Auto Mall/MCQ AutosM EMORANDUM
Stenstrom, McInto+ Colbert wbigbam & Partlow, P.A.
1001 Heat�jrow Par Lane, Suite 4001
Lake Maq Flor 32746
(4 3 -21
To: Paul Moore, Utilities Director (via hand delivery)
From: Kenneth W. McIntosh, Assistant City Attor y
Date: January 3, 2007
Re: Sanford Auto Mall /MCQ Autos
xc: Robert Gebaide, Esquire (via facsimile 407 - 841 -0168)
Kristi Aday, Acting City Manager (via hand delivery)
Sherman Yehl, City Manager (via hand delivery)
William L. Colbert, City Attorney
Attached please find the original Memorandum of Agreement as recorded. The Clerk's
receipt for recording is attached together with the letter of transmittal from Mr. Gebaide.
Our work is complete. Make continuing reference to the Memorandum of Agreement as
the project proceeds.
All of the best.
(:\Danielle \KWMc \Cities \SANFORD \Vested Rights- Sanford Auto Mall - MCQ Autos \Memo to P Moore re origianl MOA.wpd
IInif11111111 1111111 lot 111111111111111 1 III IIII if 01 : 1111
X1
rri
CITY OF SANFORD FLORIDA rrt x
r
AND IT!
A SAMY REALTY, INC. 04 ==
MEMORANDUM OF AGREEMENT 7)
rn
n-
m: C?
This Memorandum of Agreement ( "MOK) is entered into this day of
, -, r--
rp
EC+f•"r8 2007, by and between the City of Sanford, Florida, a municipal
; ; xm
corporation pursuant to the laws of Florida (" whose address is 300 North Park Avenue,
n t:
Sanford, Florida 32771, and Samy Realty, Inc. a Florida corporation, whose address is 2885
'C :XJ
Aloma Lake Run, Oviedo, Florida 32765 ( " SAMY "). The City and SAMY are referred to herein
as the "parties."
WHEREAS, SAMY has applied to the City for final development plan approval for the
z ,
project known commonly as the "Sanford Auto Mall ", to be located on Rinehart Road in Sanford,
Florida, upon the property identified by Seminole County Property Appraiser Identification
Number 32- 19 -30- 501 - 0000 -0050 (" Project and
r• °•
rn
WHEREAS, the Project will include automotive sales facility and an automotive
maintenance facility; and
c
WHEREAS, the Project is located within a City wellfield protection zone as described in
..,
Schedule M of the City's Land Development Code; and'
WHEREAS, SAMY and the City have worked together to design the Project in a manner
that minimizes the potential for adverse impacts on the wellfield protection zone, and the City
h;
intends to approve the Project subject to the conditions set forth in the development plan and
rn
additional conditions set forth in this MOA; and
WHEREAS, the City and SAMY desire to set forth an understanding relating to the
scope and affect of SAMY's responsibilities in carrying forward with the Project; and
r•.
(n
WHEREAS, the City hereby agrees to approve the Project upon the execution of this
Memorandum of agreement, which shall be subject to the following terms and conditions.
NOW, THEREFORE, in consideration of the foregoing recitals, and for the other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by
execution of this MOA, the parties agree and understand as follows:
4� (1) Recitals. The above recitals are true and correct and form a material part of this
MOA upon which the parties have relied.
(2) Approved Plans. The City shall approve the development plan, which shall be
prepared by Land Design Innovations, Inc. in accordance with the Project, as contemplated, and
0 the dictates of this MOA, and shall be stamped "Approved" by the City simultaneous with the
City's execution of this MOA. All Construction of the Project shall be consistent with these
approved plans ( "Approved Plans ").
(3) Above Ground Storage Tanks SAMY agrees that a maximum of four (4) above-
ground petroleum storage tanks ( " APST ") are permitted on the Property, and that the APSTs
shall each have a maximum capacity of one hundred fifty (150) gallons. The APSTs and all
088326, 000001, 101902100.2
FOls j'aIIVG
associated structures an ' ontainment sys.ems shall be constructed in accordance with the
Approved Plans and inclu all safety measures established in the Approved Plans including,
without limitation, the followi :
(a) The APSTs shall be of double - walled construction.
(b) The APSTs shall be monitored by an electronic alarm system to identify
any problems with the APST system. An interstitial sensor shall be utilized to monitor for leak
detection. One interstitial sensor shall be provided for each storage tank, and the sensors shall
be connected to a console panel which can provide an audible and visual alarm. The panel
shall be able to shut down the transfer pump as required.
(c) The APSTs shall be housed in a cement spill proof containment area that
is designed to successfully contain the maximum amount of fluids in the APSTs, all as provided
in the Approved Plans.
(4) Execution of MOA. The President of SAMY shall execute this MOA on behalf of
the corporation and is fully authorized to execute same and bind "SAMY" as agreed herein.
(5) Binding Effect The parties agree that this MOA and all its terms, covenants and
conditions shall be binding on and shall inure to the benefit of the Parties hereto and to their
respective heirs, personal representatives, successors and assigns, and this MOA shall be
recorded among the public records of Seminole County, Florida.
(6) Written Modification This MOA contains the final and entire understanding
between the Parties hereto and neither they nor their agents, shall be bound by any terms,
conditions, or representations not contained in writing. This MOA may not be modified or
changed orally, but only by an agreement in writing signed by the party against whom
enforcement of any such change is sought and any modification shall be recorded among the
public records of Seminole County, Florida.
(7) Counterparts This MOA may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
(8) Applicable Law This MOA shall be governed by the laws of Florida. Venue for
any claim arising from this MOA shall be in Seminole County, Florida.
(9) Attorneys' Fees In the event of litigation arising from the terms of this MOA, the
prevailing party in such litigation, including any appeals, shall be entitled to reasonable
attorneys' fees.
(10) Interpretation Whenever the context hereof shall so require, the singular shall
include the plural, and vice versa and the male gender shall include the female and vice versa.
(11) Severability In case on or more of the provisions contained in this MOA shall for
any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any other provision hereof, and this MOA shall be construed
as if such invalid, illegal or unenforceable provision had never been contained herein.
088326, 000001, 101902100.2
(12) Effective D
execution of said MOA.
This MOA shall become effective upon the last of the parties
Witnesses: ( Samy Realty,
Signature Same,
AZ-6m
Printed Name
Signature `
Printed Name
STATE OF FLZDA
)
) SS.
COUNTY O )
, President
The foregoing instrument was acknowledge before me this y day of 2 -,L.-�
2007, by Sameer Asfoor as President of Samy Realty, Inc., a Florida corporation, on
behalf of the company. He is personally known t o me or has pr �uced
as identification, _..,.
ure
(NOTARY SEAL)
Notary name printed
Notary Public State of Florida
AithASabine NOTARY PUBLIC
rnmrr,ission DO559E9
�''�'orN °� ��p +ra'��d
Commission No. o-:5
LSignatures Continue on Following Pagel
088326, 000001, 101902100.2
Cj
For the use and reliance of the City of
Sanford, Florida only. A proved as to
Form and leg Al s ffici c
KenT Mclnto torney
D
CITY OF SANFORD, FLORIDA
/'�� /
Paul Moore, Utilities Director
'
Date
088326, 000001, 101902100.2
Baker Hostetler
December 28, 2007
VIA UPS
Kenneth W. McIntosh, Esquire
Stenstrom, McIntosh, Colbert, Whigham & Partlow, P.A.
1001 Heathrow Park Lane
Suite 4001
Lake Mary, Florida 32746 -7624
Re: Samy Realty, Inc.
Client- Matter No. 88326.00002
Dear Ken:
Baker &Hostetler LLP
SunTrust Center, Suite 2300
200 South Orange Avenue
Post Office Box 112
Orlando, FL 32802 -0112
T 407.649.4000
F 407.841 .0168
www.bakerlaw.com
Robert H. Gebaide
direct dial: 407.649.4059
rgebaide@bakerlaw.com
Enclosed please find the original executed Memorandum of Agreement
between the City of Sanford and Samy Realty, Inc. that was filed in Seminole County,
Florida on December 17, 2007.
It has been a pleasure working with you on this matter and I hope to be able to
work with you again in the future. I wish you a wonderful holiday season and the best
for 2008.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Robert H. Gebaide
cc: Hazem Juma (w /encl)
Joe Margio (w /encl)
Cincinnati Cleveland Columbus Costa Mesa Denver Houston Los Angeles New York Orlando Washington, DC
088326, 000002, 101960847.1
12/28/07 12:27 PM
MARYANNE MORSE
CLERK OF COURT, SEMINOLE COUNTY
1750 E LAKE MARY BLVD
SANFORD, FL 3773
407 -665 -4411
DATE:12 117/2007
TIME:08 :08:65 AM
RECEIPT:590864
* ** DUPLICATE * **
BAKER 8 HOSTETLER
ITEM -01 A6R 08:08:55 AM
FILE:2OO7172766 FK /PG:O 6888/1711
RECORDING FEE 35.50
INDEX FEE 2.00
Sub. Total 37.50
AMOUNT DUE: $37.50
PAID CHECK: $37.50
Check. #:123330 $37.50
TOTAL PAID: $11.50
REC BY:LMCKINLEY
DEPUTY CLERK.
Have a Nice Day