AGENDA MEMORANDUM

 

 

Meeting Date:           January 25, 2010

 

From:                          Betty M. Richardson, City Clerk

 

Subject:                      Resolution authorizing execution of a the Limited Waiver of the Restrictive Covenant where the deed requires the property sold to Leesburg Regional Medical Center to be used solely for medical purposes

 

 

Staff Recommendation:

Staff recommends approval of the Limited Waiver of the Restrictive Covenant allowing the Community Development Corporation of Leesburg and Vicinity to lease space at 314 North Canal Street to the Lake Sumter Children’s Advocacy Center for office space.

 

Analysis:

In 2000, the City of Leesburg sold property to Leesburg Regional Medical Center and placed a restrictive covenant in the deed requiring the property be used only for hospital and ancillary uses ordinarily associated with the hospital or the title would revert to the City.

 

The Community Development Corporation of Leesburg and Vicinity requested the Hospital to allow them to use the building at 314 Canal Street for office space for a limited time, and requested the City to consent to the use despite the deed restriction.   The City granted permission of the use in 2004.

 

The Community Development Corporation has requested the Hospital to grant permission to lease some of the space to the Lake Sumter Children’s Advocacy Center, Inc. for office space.

 

The Hospital, in turn, has requested the City of Leesburg to grant a Limited Waiver of the Restrictive Covenant in order for the CDC to sublease a portion of the structure at 314 North Canal Street, to the Lake Sumter Children’s Advocacy Center (LSCAC).

 

Options:

1.  Approve the Limited Waiver of the Restrictive Covenant to allow the CDC to sublease space to the LSCAC

2.  Such alternative action as the Commission may deem appropriate

 

 

Fiscal Impact:

None

 

 

 

Submission Date and Time:    1/20/2010 5:51 PM____

 

Department: __City Clerk_____

Prepared by:  ______________________                     

Attachments:         Yes____   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes___  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________


RESOLUTION NO. __________

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LIMITED WAIVER OF          RESTRICTIVE COVENANT BETWEEN THE CITY OF LEESBURG, FLORIDA, AS GRANTOR, AND LEESBURG REGIONAL MEDICAL CENTER, INC., AS GRANTEE, TO ENABLE THE COMMUNITY DEVELOPMENT CORPORATION AND VICINITY TO LEASE SOME OF THE PROPERTY AT 314 NORTH CANAL STREET TO THE LAKE SUMTER CHILDREN’S ADVOCACY CENTER; AND PROVIDING AN EFFECTIVE DATE.

 

BE IT RESOLVED by the City Commission of the City of Leesburg, Florida:

 

THAT the Mayor and City Clerk are hereby authorized to execute a Limited Waiver of Restrictive Covenant between the City of Leesburg, Florida, as Grantor, and Leesburg Regional Medical Center, Inc., as Grantee, in the form attached as Exhibit “A” to this resolution to enable the Community Development Corporation and Vicinity to lease some of the property at 314 North Canal Street to the Lake Sumter children’s Advocacy Center.

 

THIS RESOLUTION shall become effective upon its passage and adoption according to law.

 

 

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held the__25th_____day of _January __, 2010.

 

 

 

                                                                                                _______________________________

                                                                                                Mayor

 

 

 

ATTEST:

 

 

_______________________________________________

City Clerk