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2449 Extension & Amendment of Conditional Temp Parking AgreementNunc Pro Tune Extension And Amendment Of Conditional Temporary Parking Easement This Nunc Pro Tune Extension and Amendment of Conditional Temporary Parking Easement (hereinafter referred to as the "Extension") is made and entered into by and between the City of Sanford, Florida, a Florida municipal corporation (hereinafter referred to as the "City"), whose mailing address is 300 North Park Avenue, Sanford, Florida 32771, and Legallefty', LLC., a Florida limited liability company "Legallefty"), whose address is 113 Overoaks Place, Sanford„ FL 32771 and is effective nunc pro tunc on January 1, 2023. The City and Legallefty may hereinafter be referred to individually as "Party" and collectively as the "Parties." WITNESSETH: Whereas, the City and LegalLefty entered into that certain Conditional Temporary Parking Easement dated May 7, 2014 (the "Agreement") which provides for use of the subject property, as identified in the Agreement, by the City as a parking lot ("Parking Lot"); and Whereas, the Parties desire to extend the term of the Agreement and make certain mutually agreeable amendments or modifications to the Agreement as set forth herein; and Whereas, the Parties do not desire to modify any of the provisions of the Agreement except as set forth herein; and Whereas, the essential requirements of contract law, provide generally that any extensions and/or amendments or modifications to agreements shall be expressed in writing and duly executed by the Parties. Now, Therefore, in consideration of the mutual understandings and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to extend and amend the Agreement as follows: Section 1. Recitals. The above stated recitals (whereas clauses) to this Extension are hereby adopted and form a material part of this Extension and the consideration hereof upon which the Parties have relied. Section 2. Extension. The term of the Agreement is hereby extended to, and will terminate on, June 13, 2024. Section 3. Amendments. The Parties agree that the following provisions shall be added to, and become a part of, the terms and conditions of the Agreement: (a). The City shall: (1). Remove existing shrubbery on the Parking Lot. (2). Repair and maintain irrigation system on the Parking Lot. (3). Install new landscaping and maintain such new landscaping on the south side and east side of Parking Lot. (4). Trim to professional grade the existing crepe myrtle trees on the south side of the Parking Lot. (5.) Repair and maintain asphalt parking lot as needed in accordance with City standards. (b). Legallefty shall perform routine maintenance of the Parking Lot including litter pickup, and watering of landscaping. (c). The Parties agree that the following provisions regarding payment of rent and use of the described property for parking by the City shall be added to the Agreement: RENT: The City shall pay to Landlord rent in the total amount of Seven Thousand Dollars and no/100ths ($7,000.00) (hereinafter referred to as the "Rent") for the entire term of this Easement which amount shall be due and payable on or about the 1" day of January 2023. Rent shall be made payable to, and sent to: Legallefty, LLC, 113 Overoaks Place, Sanford, FL 32771. USE: The City may use the Parking Lot for public parking which will be available on a first come, first served basis 24 hours/day - 7 days a week, except for any special reasonable period as may be requested by Legallefty with reasonable advance notice to the City. Section 4. Effect of Extension. Except as specifically modified or amended by this Extension, all terms and conditions of the Agreement shall remain in full force and effect as originally set forth in said Agreement and are hereby ratified and reaffirmed by the Parties. In Witness Whereof, the Parties hereto have executed this Extension for the purposes herein expressed. II Pat la D. Duncan, Manaaer Title: Ak G, LEGALLEFTY, LLC, a Florida limited liabilli� y, Z--� B /. Bobby P. Duncan, Manager Date: /,Z—/ Z — Z 2— A TTEST.- ATTEST: F€3 CITY OF SANFO By: C y' Traci Houchin, CMC, FCRM ` Art Woodruff, Mayor City Clerk. Date: Approved as jo form and legal s f Icy PA: ?ffnm VL ( it 61m T..Colbert City Attorney /0WV41la. it Spelling corrected. AR 31 Page CITY COMMISSION MEMORANDUM 23-00'I .A JANUARY 9, 2023 AGENDA W S _ RM X Item No. (v• A To: Honorable Mayor and Members of the City Commission PREPARED BY: Craig M. Radzak, Assistant City Manager SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Parking Agreement Extension And Amendment; Legallefty, LLC STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval of a nunc pro tunc extension and amendment of the parking agreement between Legallefty, LLC and the City of Sanford, is requested. FISCAL/STAFFING STATEMENT: The City shall pay rent in the amount of $7,000 for the entire term of the extension to the agreement. The City will be responsible for landscape installation and maintenance, and to repair and maintain the irrigation system. The estimated value of this work is $1,500. BACKGROUND: This parking agreement relating to property located at 210 South Sanford Avenue has been in place since May 7, 2014, and expired on December 31, 2022. The proposed extension and amendment will expire on June 13, 2024. The parking lot is a finished parking lot, illuminated well, and will now provide 24 public parking spaces 24 hours/day 7 days a week with limited exceptions. The managers of Legallefty, LLC are Bobby P. Duncan and Paula D. Duncan. LEGAL REVIEW: The Assistant City Attorney has prepared the extension and amendment and has no legal objections. RECOMMENDATION: City staff recommends that the City Commission approve the nunc pro tunc extension and amendment to the parking agreement between Legallefty, LLC and the City. SUGGESTED MOTION: "I move to ratify and approve the extension and conditional temporary parking agreement, as proposed." Attachment: Extension and amendment to parking agreement with Legallefty, LLC.