1768 Second Amdmt Torree Sanf Waterfront Partners SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANFORD FLORIDA AND SANFORD
WATERFRONT PARTNERS, LLC (AS ASSIGNEE) FOR THE
POTENTIAL DEVELOPMENT OF CERTAIN CITY OWNED PARCELS
LOCATED WITHIN THE LAKE MONROE WATERFRONT DOWNTOWN
SANFORD COMMUNITY REDEVELOPMENT AREA
THIS SECOND AMENDMENT TO THAT MEMORANDUM OF
UNDERSTANDING (the "MOU") that was entered by the parties on February 23, 2016,
as amended/extended, is made-and entered into as of this 16*rflay of December, 2016,
by and between the CITY OF SANFORD, FLORIDA, a municipality of the State of Florida
(the "City"), whose mailing address is 300 North Park Avenue, Sanford, Florida 32771,
and SANFORD WATERFRONT PARTNERS, LLC; a Florida limited liability company, as
assignee, a limited liability company of the State of Florida (the "Developer"), whose
mailing address is 208 Andalusia Avenue, Coral Gables, Florida 33134.
WHEREAS, the City and the Developer, then Torre Construction And
Development, LLC entered an MOU effective on February 23, 2016; and
WHEREAS, the then Developer, with the approval of the City, assigned its rights
and obligations under the MOU to Sanford Waterfront Partners, I-I-C effective on May 23,
2016; and
WHEREAS, on October 10, 20161, the City Commission approved the First
Amendment to the MOO providing for an extension of 60 days (until December 19, 2016);
and
WHEREAS, the parties are desirous of further amending the MOU as set forth
herein; and
WHEREAS, the current status of the MOU is such that the parties are in good
standing.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS,
which are made part of this Amendment to the MOU, and the mutual agreements set forth
below, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the City and the now Developer, by assignment, hereby agree to
the following additional revision to the MOU:
(A). SECOND AMENDMENT TO THE MOU:
Section 6 of the MOU is amended to read as follows (additions are shown in underline,
deletions are shown in st4kethmugh):
Regardless of the dates set forth thereon.
I I P a g e
SECTION 6. EFFECTIVE DATE, TERMS, AMENDMENTS,
TERMINATION:
This MOU shall commence on the date of full execution as evidenced
by the last date this MOU is executed by a party (February 23, 2016 which
is the "Effective Date"), and shall remain effect until February 20, 2017 fer
thFee hundred (300) days, subject to extension as provided in Section 9(a)
below (the "Term"). This MOU may be amended by the parties.
B. EFFECT OF SECOND AMENDMENT TO MOU:
Except as amended herein, all terms and conditions of the MOU, as amended, shall
remain in full force and effect. The parties ratify and affirm the provisions of the MOU and
the performance of one another under the MOU and affirm and declare that there has
been no breach of the MOU by either party.
IN WITNESS WHEREOF, the following authorized representatives of the City and
Developer have executed this amendment/extension to the MOU on the date signed by
each party.
CITY OF SANFO D, a municipality of
the State of F orida
Jeff Triple o
Attest Date: Dec 2016
kw�f, P *1 wluy
Cynthia-Porter, City Clerk )
Approved as to form and
Legality.
r
Wi liam L. Colbert, Esquire
City Attorney
ADDITIONAL SIGNATURE PAGE FOLLOWS:
2Page
SANFORD WATERFRONT
PARTNERS, LLC, a Florida limited
liability company, as the Assignee of the
MOU
Richard Heisenlaottle, Manager I
e: December J!F 2016
WITNESSES:
Si urg 'oiy
f Wy it L6
ss
ST� i F�-eA a
Pr ted Name of Witness
Signature of Witness
-Iasrn�L� 0 4UMPLC�Zo
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared Richard Heisenbottle
and he acknowledged executing the same in the presence of two subscribing witnesses
freely and voluntarily and he is Personally known to me or provided
as identification.
Witness my hand and official sea[ in the County and State last aforesaid this
day of December, 2016.
(Affix Notary Sea[)
Notary Public; §tare"otZIorida
KATM DASH•
Print Name:
My COMMISSION FF 1X72
EXPIRES:June 19,-418
'de Bmded Thru Budge NoUry Senicu
3 Page