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1750* Sanford Waterfront Partners 4th Amdmt FOURTH 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 FOURTH 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 24th day of April, 2017, 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, LLC effective on May 23, 2016; and WHEREAS, the parties have extended the effective date in accordance with previous actions by the parties and the MOU is now to expire on April 26, 2017; and WHEREAS, the parties are desirous of further amending the MOU as set forth herein in order to extend the MOU until May 10, 2017; 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). FOURTH AMENDMENT TO THE MOU: Section 6 of the MOU is amended to read as follows (additions are shown in underline, deletions are shown in strikethrouo): SECTION 6. EFFECTIVE DATE, TERMS, AMENDMENTS, TERMINATION: 11 P a g e 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 May 10 ApFil-26, 2017, subject to extension as provided in Section 9(a) below (the "Term"). This MOU may be amended by the parties. B. EFFECT OF FOURTH 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 SAN RD, a municipality of the State of Flor Jeff TripleW11 Attest Date: Apri Cynthia Porter, City Clerk Approved as to form and Legality. illiam 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 Heisenl3'ottle, Manag6r— ate: April z�r 2017. WITNESE AV Si nalur ness Si 7199—)4;��c�' �--ZTMa4T - Printed NAme of Witness Z Si ure of Wi"tnss 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 voluntarily and he is �ers freely and 9nallyKnown to me or provided as identification. Witness my hand and official seal in the County and State last aforesaid thisIZ-01 day of April, 2017. (Affix Notary Seal) Notary Public; ofllorrioa TRACI R.HOUOHIN , Print Name: My COMMISSION 9 FF 042947 EXPIRES-August 24,2017 'dPN'Mv- Bonded Tbru Budget Notary Serq'cts 31 Page