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1889 Safari Investments LLC Reclaimed Water SystemTRANsmITTAL MEMORANDUM TO: City Clerk's Office E: Safarai Investments, LLC Sanford Reclaimed Water System Facility Agreement The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ ❑ Final Plat (original mylars) ❑ ❑ Letter of Credit ❑ ❑ Maintenance Bond ❑ Ordinance ❑ ❑ Performance Bond ❑ Resolution Once completed, please: ❑ Return ❑ Return copy El Special Instructions: Safe keeping for Bill Marcous! Mayor's signature Recording Rendering Safe keeping (Vault) 12/19/17 Date THIS AMENDMENT (hereinafter referred to as the "Amendment") is to the "City Of Sanford agreement with Safari Investments, LLC, dated October 16, 2017' ((hereinafter referred to as the "Agreement") is made and entered into this Cday of December, 2017, by and between the City of Sanford, a municipality of the State of Florida, whose address is 300 North Park Avenue, Sanford, Florida 32771, hereinafter referred to as "City," and Safari Investments, LLC, a Florida limited liability corporation, whose address is 225 S. Westmonte Drive Suite 2040, Altamonte Springs, FL 32714, hereinafter referred to as "Owner". WHEREAS, the Owner and the City entered into the Agreement on October 16, 20172; and WHEREAS, the Agreement is in place and effective and subject to the Amendment set forth herein with the parties being in good standing thereunder; and WHEREAS, Section 23 of the Agreement, as amended, provides that amendments to the Agreement, as amended, may on be made by formal written amendment to the Agreement; and WHEREAS, the parties are desirous of amending the Agreement as set forth herein. 1 Notwithstanding the other dates referred to in the commencement of the document and signature date of the City. The stated date is the date the document was executed by Safari Investments, LLC. 2 See Footnote 1. 1 NOW, THEREFORE, in consideration of the mutual covenants and agreement herein made and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Owner and City agree as follows: Section 1. Incorporation Of Recitals. The above recitals (whereas clauses) are true and correct and are incorporated herein by reference. Section 2. Amendment Of Agreement. The provisions of Subsection 2(a) of the Agreement are amended as follows: (a). On or before January 30, 2018 the Owner shall place the sum of $239,363.53, (hereinafter the "Owner's Contribution") into an interest bearing escrow account, as practicable, maintained by Stenstrom, McIntosh, Colbert & Whigham, P.A. (hereinafter the "Escrow Agent"). The Escrow Agent shall provide a receipt for such funds detailing the scope and conditions of the agency. Section 3. Effect Of Amendment. This Amendment shall take effect upon full execution hereof by the City and the Owner. All other terms and conditions of the Agreement, as amended, shall remain in effect and binding and the Agreement, as amended, and this Amendment shall be read in harmony and in parr materia. In Witness Whereof, the City and the Owner have caused this Amendment to be duly executed by their duly authorized representatives as of the dates written below. SIGNATURE BLOCKS FOLLOW: 2 Attest.- kP1'1W'A_ MohajA dj 1- T i Jaffer, Manager Attest., Cynthia Porter, City Clerk For the use and reliance of the City of Sanford only. Approved as to form and legal sufficiency. 'William L. Colbert City Attorney Safari Investmen By: Sado J aff g , Date: al"'6 "Ic City Of Sanford By: Jeff Triplett Mayor Date:—/ Z-1 t—l't I Acceptance of Escrow Agent: William L. Colbert Stenstrom, McIntosh, Colbert & Whigham, P.A.