HomeMy WebLinkAbout2475 Consent to Lease - Colomodio Invstmnts - 350 E Sem BlvdPrepared by and return to:
Lonnie N. Groot
Stenstrom, McIntosh, Colbert & Whigham, P.A.
300 International Parkway
Suite 100
Lake Mary, Florida 32746
(Phone: 407) 322-2171
Tax Parcel Identification Number: 25-19-30-515-0000-001D
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2023025922 Bk:10409 Pg:742-747(6Pgs)
REC: 03/22/2023 3:15:43 PM by jeckenroth
RECORDING FEES $52.50
CONSENT TO SUBLEASE
THIS CONSENT TO SUBLEASE (hereinafter the "Consent") is made this 27th day
of February, 2023 by and between Colimodio Investments, LLC, a Florida limited liability
company, (hereinafter referred to as the "Tenant"), whose address is 350 East Seminole
Boulevard, Sanford, Florida 32771 and whose manager's address is 340 Streamview
Way, Winter Springs, Florida 3270, and the City of Sanford (hereinafter referred to as the
"City"), a municipal corporation organized and existing under the laws of the State of
Florida, whose address is 300 North Park Avenue, Sanford, Florida 32771, being the
Lessor, in consideration of the mutual covenants herein contained and other good and
valuable consideration, the sufficiency and receipt of which is hereby acknowledged.
Witnesseth:
WHEREAS, this Consent relates to that certain Agreement to Lease entered on
the October 27, 2003 by the City with Wilson Center, Inc., as recorded on November 8,
2003, at Official Records Book 5091, Page 662, Public Records of Seminole County,
Florida with the City and the Tenant entered into the Lease implementing the above -
referenced Agreement to Lease on October 27, 2003, which document was not recorded
in the Public Records of Seminole County, Florida (the above actions being collectively
referred to herein as the "Lease"; and
WHEREAS, on July 11, 2011, the City and the Tenant entered into the First
Amendment to the Lease; and
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WHEREAS, by means of that certain Consent to Assignment Of Lease, dated
October 27, 2003, recorded at Official Records Book 7642, Pages 7 and 8 of the Public
Records of Seminole County, Florida, the City approved Vanik Investments, LLC's
assumption of the lease as assigned by Wilson Center, Inc.; and
WHEREAS, the Tenant later assumed the Lease from Vanik Investments, LLC by
means of that Consent to Assignment of Lease/Assumption of Lease, dated December
14, 2021, recorded on December 16, 2021, in Official Records Book 10124, Pages 753-
758, of the Public Records of Seminole County Florida (the "Existing Assumed Lease");
and
WHEREAS, the City and the Tenant later Contingent Modification Agreement (Of
Lease), dated September 12th, recorded on October 5th, 2011, in Official Records Book
7642, Pages 7 and 8, of the Public Records of Seminole County Florida (the "Contingent
Modification Of Lease"); and
WHEREAS, all of the aforementioned documents are attached hereto as exhibits
for the purpose of ease of reference relative to all future actions and implementation of
the City and the Tenant.
NOW, THEREFORE, THIS CONSENT is made this 27th day of February, 2023 by
the City which hereby consents to the sublease of the property which is the subject of the
aforementioned documents; provided, however, that the Tenant continue to assume and
shall have all obligations and liabilities thereunder and the City does not accept any
obligations or liabilities of the Tenant in any respect and, hereby, specifically adheres to
its protections under the sovereign immunity laws of the State of Florida to include, but
not be limited to, the provisions of Section 768.28, Florida Statutes; provided, further,
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however, that the City does not consent or agree to any land use change or development
on the subject property absent its specific written approval or approvals obtained in
accordance with all requirements of controlling law; and provided, further, however, that
the City may require that any and all deposits for rent be deposited by the Tenant into the
accounts of the City; and; provided, further, however, that the City does not waive any
right or remedy available to the City under controlling law and specifically reserves unto
the City all of said rights and remedies and; provided, further, however, that the Tenant
has no claim or right of action against the City in any way or under any theory of law.
IN WITNESS WHEREOF, the parties have this Agreement intending to be bound
thereby on the dates indicated below their signatures.
ATTEST:
Traci Houchin, MMC, FCRM
City Clerk ~" _
Approved as to form and legal
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CITY OF SANFORD
By: (_ a ,�(J l '"/
Art Woodddruff
Mayor
Date: 5,7-1 _l 3
ADDITIONAL SIGNATURE BLOCK FOLLOWS:
WITNESSES:
COLIMODIO VESTMENTS, LLC, a
Florida limi bility company.
Signature of Witness # 1 Alfredo Colimodio, Sole Manager
Printed Name of Witness # 1:
Signatufe of Witness # 2
Printed Name of Witness # 2: _6,41
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STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me by (X) Physical Presence
or ( ) Online Notarization on this 2(day of mae- W , 2023, by Alfredo
Colimodio, Sole Manager of COLIMODIO INVESTMENTS, LLC, who (K has produced _
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as identification or ( ) who is perso ally -k- wn m .
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Notary Public
My Commission Expires: / Z pZ&
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CITY COMMISSION MEMORANDUM 23.030.B
FEBRUARY 2%, 2023 AGENDA
To: Honorable Mayor and Members of the City Commis
PREPARED BY: Craig M. Radzak, Assistant City ge
SUBMITTED BY: Norton N. Bonaparte, Jr., ICM -CM, City�an�ai�er
SUBJECT: Consent to Sub Lease; Colimodio Investme LLC
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
W S _ RM.
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Item No. I* • 6
A consent to sublease relating to the City owned property located at 330 and 350 East Seminole
Boulevard (known as The Sanford Pizza Company) between Colimodio Investments, LLC and the
City has been prepared for the City Commission's approval.
FISCAL/STAFFING STATEMENT:
There is no fiscal impact for this action.
BACKGROUND:
The consent to sublease relates to the original lease entered into on October 27, 2003 and the City
has approved the assignment of said lease to multiple entities over the years. The current lessee,
Colimodio Investments, LLC, who has held the lease since December 14, 2021, has requested the
City's approval to sublease the entire building to Filomena's Pizzeria.
The purpose of the text of the sublease consent is not only to allow the subleasing requested, but
to ensure that the land use on the subject property remains unchanged without specific City
approval(s).
The sole manager of Colimodio Investments, LLC is Alfredo Colimodio.
LEGAL REVIEW:
The Assistant City Attorney has prepared the consent to sublease and has no legal objections to
the proposed action.
RECOMMENDATION:
City staff recommends that the City Commission approve the consent to sublease between
Colimodio Investments, LLC and the City.
SUGGESTED MOTION:
"I move to approve the consent to sublease agreement, as proposed."
Attachment: Consent to Sub Lease agreement between the City and Colimodio Investments, LLC.