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2404 Consent to Assignment of Lease/Assumption of Lease - Riverwalk PizzaGRANT MALOY. SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN#2021163747Bk:10124P 753-758(6Pgs) REC: 12116/2021 11:21:08 AM Pg cj-ones RECORDING FEES $52.50 Prepared by and return to: Lonnie N. Groot, Esquire Stenstrom, McIntosh, Colbert & Whigham, P.A. 300 International Parkway Suite 100 Lake Mary, Florida 32746 (407)322-2171 Tax Parcel Identification Number: 25-19-30-515-0000-0011) CONSENT TO ASSIGNMENT OF LEASE/ASSUMPTION OF LEASE THIS CONSENT TO ASSIGNMENT OF LEASE/ASSUMPTION OF LEASE (hereinafter the "Consent") made this day 1,01 of December, 2021 by and between Vanik Investments, LLC, an administratively dissolved Florida limited liability company, the tenant, whose address is 350 East Seminole Boulevard, Sanford, Florida 32771; Colimodio Investments, LLC, whose address is 350 East Seminole Boulevard, Sanford, Florida 32771, being the proposed Lessee by Assignment, and the City of Sanford, a municipal corporation organized and existing under the laws of the State of Florida, whose address is 300 North Park Avenue, Sanford, Florida 32771, in consideration of the mutual covenants herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Witnesseth: Whereas, this document relates to that certain Agreement to Lease dated October 27, 2003, as recorded on November 8, 2003, in Official Records Book 5091, Page 662, of the Public Records of Seminole County Florida wherein the City of Sanford and the original tenant, Wilson Center, nc, entered into the Lease implernenting the above referenced Agreement to Lease on the 27`h day of October, 2003, which document was not recorded in the Public Records of Seminole County Florida; and Whereas, the City of Sanford, Florida, Wilson Center Inc and Vanik Investments, LLC subsequently consented to and agreed to an Assignment and Assumption of the aforesaid Lease Agreement upon the same terms and conditions as mentioned and described in the Lease and any amendments thereto, by Vanik Investments, LLC as evidenced by that certain Consent To I I P a g e Z11 Assignment Of Lease, recorded at Official Records Book 7642, Pages 7 and 8 of the Public Records of Seminole County, Florida. Now, Therefore, the undersigned agree as follows: Section 1. Vanik Investments, LLC, an administratively dissolved Florida limited liability company hereby assigns all its rights to and interests in the aforesaid Lease Agreement dated the 27"' of October, 2003, as assigned to Vanik Investments LLC under the aforementioned Consent To Assignment Of Lease, under the same terms and conditions as described in the Lease and any amendments thereto, to Colimodio Investments, LLC, a Florida limited liability company, and the City of Sanford hereby consents to such assignment. Further, the parties recognize that the City of Sanford is in compliance with all terms and conditions of the Lease and the City of Sanford does release Vanik Investments, LLC, from liability for the obligations as Tenant of the Lease. Section 2. Colimodio Investments, LI..C, a Florida limited liability company hereby accepts the assignment of all of Vanik Investments, LLC's obligations, responsibilities and duties in favor of the City of Sanford. Section 3. This Consent shall not affect the rights of the City of Sanford in any way, other than the specific matter stated herein, and the City of Sanford shall have and maintain all rights vested in the City of Sanford and does not waive any right or remedy possessed by or available to the City of Sanford and the City of Sanford hereby specifically reserves all of such rights and remedies. stated. In Witness Whereof, the undersigned have hereunto set their hands and seals on the date SIGNATURE BLOCKS FOLLOW: 21Pa`7e Attest: COLIMODIO ,VESTMENTS, '7 r Florida limit 'I* company Print: 11'>'��'e - 6 � a -- , P , �::' STATE OF FLORIDA COUNTY OF SEMINOLE fredo Colimodio, Sole Manager LLC, The foregoing instrument was acknowledged before me by ( ) Physical Presence or ( ) Online Notarization on this �, P day of December, 2021, by Alfredo Colimodio, Sole Manager of COLIMODIO INVESTMENTS, LLC, who ( ) has produced as identification or (14who is personally known to me. [SEAL] 2 T! !en! TAMARA SUE DONALDSON State of Florida -Notary Public Commission # GG 201373 1 My Commission Expires Attest: STATE OF FLORIDA COUNTY OF SEMINOLE Print Name. Notary Public My Commission Expires: VANIK INVESTMENTS, LLC an administratively r dissolved Florida limited liability c in Alfredo Colimodio, Sole Manager The foregoing instrument was acknowledged before me by ( ) Physical Presence or ( ) Online Notarization on this 10 day of December, 2021, by Alfredo Colimodio, Sole Manager of VANIK INVESTMENTS, LLC, who has produced as identification or M who is personally known to me. [SEAL] ,11111,/ TAMARA SUE DONALDSON State of Florida -Notary Public Commission # GG 201373 My Commission on Expires March 28, 2022 M Print Name: -T(7i-yi�?vrc� Notary Public My Commission Expires: 3 1 P a o e I rove Ilts to form and legal ifficie lfcy. Co I.t City 0_ W--�Wal Colbert City A on, Ark 4 1 P au e CITY OF WS— RM X Sk�4FORD FLORIDA Item No. CITY COMMISSION MEMORANDUM 21-259.X DECEMBER 13, 2021 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Thomas George, Deputy City Manager SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Consent to Assignment of RiverWalk Pizzeria Lease STRATEGIC PRIORITIES: R Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture F-1 Update Regulatory Framework R Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval of an assignment/assumption of the lease for 350 East Seminole Boulevard, RiverWalk Pizzeria, is requested. FISCAL/STAFFING STATEMENT: There is no fiscal impact associated with this action. BACKGROUND: The current lessee, Vanik Investments, LLC. (Vanik) has been administratively dissolved. The President of Vanik Investments, Alfredo Colimodio, and tenant of RiverWalk Pizzeria has requested all the rights and interests in the lease be assigned to his new company Colimodio Investments, LLC. (Colimodio). All terms and conditions of the current lease will remain the same and this assignment does not affect or waive the rights of the City in any way. This property was originally leased to Wilson Center, Inc. on October 27, 2003, and the City approved the assignment to Vanik Investments, LLC. on September 12, 2011. Vanik has agreed to assign and Colimodio has agreed to assume the lease agreement under the same terms and conditions. City staff has no objections. LEGAL REVIEW: The City Attorney was consulted on this and prepared the Consent to Assignment/Assumption Agreement. RECOMMENDATION: Staff is recommending the City Commission approve the assignment of the lease for the RiverWalk Pizzeria, 350 East Seminole Blvd. to Colimodio Investments, LLC. SUGGESTED MOTION: "I move to approve the assignment of the lease for the RiverWalk Pizzeria, 350 East Seminole Blvd. to Colimodio Investments, LLC." Attachments: Consent to Assignment of Lease/Assumption of Lease Agreement