HomeMy WebLinkAbout2488 Extension/Restatement Sanford Main St Lease - 230 E 1st StA
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EXTENSION TO AND RESTATEMENT OF SANFORD MAIN STREET, INCJCITY OF
SANFORD LEASE
(230 EAST FIRST STREET/SANFORD INFORMATION CENTER)
THIS EXTENSION TO AND RESTATEMENT OF SANFORD MAIN STREET,
INC./CITY OF SANFORD LEASE (hereinafter "Extension" for the sake of simplicity) is
entered into on thijay ofJUtIC _, 2023, nunc pro tunc to the termination date of
the Lease existing as to the Premises described below, between Sanford Main Street Inc.
(the "Tenant" or "SMS"), whose principal corporate address and mailing address is 230
First Street, Sanford, Florida 32771, a not for profit corporation of the State of Florida,
and the City of Sanford, Florida, a municipality of the State of Florida (the "Landlord" or
the "City"), whose address is City Hall, 300 North Park Avenue, Sanford, Florida 32771.
WHEREAS, parties to this Extension previously entered a Lease relating to the
Premises herein described ("Original Agreement") and desire to extend the period of
effectiveness of the Original Agreement nunc pro tunc to the date the Original Agreement
expired; and
WHEREAS, the parties to this Extension ratify and affirm all actions taken by the
parties in the implementation of the Original Agreement and extend the term of the
Original Agreement in accordance with its provisions and SMS has no claim of any type
of nature against the City; and
WHEREAS, the parties to this Extension hereby desire to restate the terms,
conditions and provisions of the Original Agreement as set forth herein.
NOW, THEREFORE, in consideration of the foregoing recitals, and for the other
good and valuable consideration, the receipt of which is acknowledged by execution of
this Extension, the parties agree and understand as follows:
WITNESSETH:
SECTION 1. PREMISES. Subject to the terms hereof, and to zoning and
restrictions of record, and in consideration of the mutual benefits, rents, covenants,
agreements and obligations set forth hereafter, the City leases to SMS and SMS leases
from the City the Premises located in Seminole County, Florida, more particularly
described as follows (the "Premises"):
A portion of the Floor Allocation exclusive space and organized use of
the Common Space of a City owned building upon Seminole County Tax
Parcel Identification Number 25-19-30-5AG-0202-0020, as depicted in
the attached Exhibit 'A' which is incorporated herein by this reference
thereto as if fully set forth herein verbatim, Sanford, located in Seminole
County, Florida.
SECTION 2. TERM/RETURN OF PREMISES.
(a). This Extension shall be for a term expiring on December 31, 2024; provided,
however, that the parties agree that this Extension shall be automatically extended for
additional one-year terms under the terms, conditions and provisions as set forth herein
unless a party notifies the other party no less than 60 days prior to the date of expiration
of a term that it desires to terminate this Extension. The City's City Manager shall have
the authority to act for and on behalf of the City in that regard.
(b). Upon termination, SMS shall yield and deliver possession of the Premises
to the City at the termination of this Extension, by expiration of time or otherwise, or of
any renewal or extension hereof, in good condition, excepting only reasonable wear and
tear, fire or other casualty and SMS shall have the right at any time during said term, or
any renewal or extension hereof to remove SMS' property therefrom as hereinbefore
stated. If property is left on the Premises after that date, the City may, at its election, take
possession and ownership of the property or remove the property at the expense of SMS.
(c). Any City property that may require disposal as surplus property must be
reported to the City before disposal can occur in order to follow the City's surplus disposal
policies and procedures for proper disposition.
SECTION 3. RENT/ANNUAL REPORT.
(a). SMS shall pay to the Landlord during the term of this Lease, rent by
providing certain operations at the Premises which promote tourism, marketing and the
economic activities of the downtown restaurants and other merchants, as well as general
economic activity within the downtown area of the City of Sanford. With regard to visitors,
SMS shall provide a friendly and genuine welcome to first time and repeat visitors, those
interested in the history and architecture of the City, persons considering becoming a
resident or business operator within the City as well as those persons simply looking for
dining and entertainment opportunities. The focus will be on making a great first
impression and showcasing the unique character of the City of Sanford. With regard to
prospective or existing merchants or businesspersons, SMS shall provide specific and
personalized help understanding and maneuvering through City of Sanford's and the City
of Sanford's Community Redevelopment Agency (CRA) economic and redevelopment
programs and requirements. SMS shall assemble and communicate to appropriate
persons a wide array of contacts, opportunities, trends and business climate with a focus
on promoting new business and economic development by providing a facility, information
and resources to help small businesspersons navigate the complexities of establishing
and maintaining a successful commercial enterprise. SMS shall also be responsible
scheduling the use of the conference room and resource/training room to only
organizations approved by the City. SMS shall also monitor the common areas of the
building as shown as depicted in the attached Exhibit.
(b). At a minimum, SMS shall provide competent staff at the Premises to provide
all of the services enumerated in Subsection (a), during the following days and hours:
(1). Monday through Thursday: 10:00 AM - 5:00 PM.
(2). Friday and Saturday: 10:00 AM - 8:00 PM.
(3).Sunday: Noon- 5:00 PM
(4). SMS may be closed and not provide services enumerated in Subsection (a) the
following City recognized holidays: New Year's Day, Martin Luther King Jr. Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve and Christmas
Day.
(c). SMS shall also provide compensation to the Landlord by timely providing a
quarterly activities and performance report to the Landlord on January 1 of each year.
Such report shall be in a form and containing content that is acceptable to the Landlord,
but shall include the efforts and successes of SMS seeking and attaining funding for its
operations from sources other than the City of Sanford and the CRA. This report shall
become an annual report on February 1, of each year and will be due on the same date
in subsequent years. SMS shall provide to the Landlord a financial report by February 1,
of each yearand on the same date for subsequent years. The submission of all Federal and
State tax returns may be substituted for the -financial report if approved by the Landlord's
City Manager. Additionally, in the sole discretion of the Landlord, the Landlord may
require that SMS provide the Landlord with such reports and audits as the Landlord may
require. Failure to provide any such documents as may be required in this section shall
constitute breach of this agreement. During the review of each report, an evaluation shall
be made as to the funding sources of SMS.
SECTION 4. USE/CONDITIONS OF USE.
(a). SMS shall use and occupy the Premises only, solely and strictly for the uses
set forth in this Agreement and in accordance with SMS' written "Mission and Statement
of Public Purpose" submitted to the Landlord. SMS shall not use the Premises in a
disreputable, ultra- hazardous or unlawful manner, or in any manner that would constitute
a public or private nuisance. SMS shall provide all of its own office equipment, furniture
and furnishings and shall insure such equipment, furniture and furnishings, as it deems
desirable, but, in no event, shall make a claim against the Landlord for any losses. SMS
shall not perform any acts on the Premises that would generate noxious odors or
annoying noises. SMS covenants and agrees to adhere to and comply with any and all
laws, rules and regulations relating to the prohibition against discriminating again any
person. All sales or use taxes from time to time levied by lawful authority shall be paid by
and the responsibility of SMS. SMS may authorize the use of the Premises by others for
meetings, rentals or events, courtyard space, of like nature with the approval of the
Landlord, which authorization must be requested at least 5 business days prior to the
event. There may be instances when less than 5 business days' notice is given; these
instances will be approved on a case -by case basis. The Landlord's City Manager, or
designee, shall be notified of each request, the nature of the request and the decision on
each request and the Landlord's City Manager shall have the right to comment on or
disapprove the decision of SMS.
SECTION 5. HAZARDOUS SUBSTANCES/WASTE. SMS shall not use, store,
generate, dispose of, release or otherwise handle or possess any hazardous substance
or any obnoxious odors or smokes or noxious gases or vapors on or about the Premises.
Should SMS violate this provision, then SMS shall indemnify, defend, and hold the City
harmless from all claims, charges, penalties, fines, liabilities, costs (including clean-up
costs), and all other obligations and expenses arising directly or indirectly from such
violation. SMS shall not commit an unlawful nuisance, waste or injury on the Premises
and shall not do or permit to be done anything which may result in the creation or
commission or maintenance of such nuisance, waste or injury on the Premises. SMS shall
not do or permit to be done anything which may interfere with the effectiveness or
accessibility of the drainage and sewage system, fire protection system, sprinkler system,
alarm system, fire hydrants and hoses, if any are installed or located on or in the
Premises. SMS shall not overload any floor or paved area on the Premises and shall
repair any floor, including supporting members and any paved area damaged by
overloading.
SECTION 6. QUIET ENJOYMENT. Upon paying the Rent and performing all other
covenants and obligations under this Extension, SMS shall hold the Premises free from
disturbance. SMS shall not use the Premises for any purpose except as specifically
authorized herein without the express written consent of the City. The City shall not,
however, be responsible, in any way, for the actions and activities of other SMS s or any
organizations or individuals using the Premises; provided, however, that the City shall
retain the right at all times to enforce its rights under any agreement with any other tenant.
SECTION 7. REDELIVERY. SMS covenants that at the termination of this
Extension, whether by expiration, default or otherwise, SMS shall promptly re -deliver the
Premises to the City free from sub -tenancies and in the condition the Premises are
presently in, reasonable use and wear excepted. Any personal property or trade fixtures
remaining on the Premises 3 days after termination shall be deemed abandoned by SMS
and may be disposed of as the City deems fit at SMS' expense. All personal property or
fixtures located in the Premises on the Commencement Date shall be redelivered in good
condition with the Premises.
SECTION 8. ACCEPTANCE OF PREMISES/RADON; FLOOD PRONE AREAS;
ASBESTOS; SOILS. SMS acknowledges that the City has made no representation
or warranty that the Premises are fit for SMS' intended use. SMS has inspected the
Premises, and SMS accepts the Premises "as is". Radon is a naturally occurring
radioactive gas that, when it has accumulated in a building in sufficient quantities, may
present a health risk to persons who are exposed to it over time. Levels of radon that
exceed Federal and State guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from the Seminole County
health unit. Likewise, the Premises may be subject to flooding, and it is the obligation of
the respective grantee to ensure that they are satisfied with the condition of the Property
to be conveyed to it in all respects. Also, the Parties recognize that the Premises may
contain flood prone areas or asbestos and require mitigation or remediation. Also, soil
conditions, the presence of mold and the presence of lead-based paints may affect the
usability of property. Thus, it is incumbent upon SMS to evaluate any and all such matters.
SECTION 9. INDEMNIFICATION/LIABILITY/LOSS. The City is protected by
sovereign immunity. SMS hereby, however, agrees to indemnify, defend and save the
City harmless, to the fullest extent authorized by law from and against all claims,
demands, obligations, liabilities, penalties, fines, charges, costs and expenses including,
but not limited to, attorney's fees, costs and expenses for the defense thereof, arising
from occurrences on or about the Premises and from SMS' negligent and other activities
thereon. Should claim be brought against the City or the City be made a party to any
action relating to the Premises, then SMS shall reimburse the City for all attorney's fees,
costs and expenses incurred by the City in connection with the claim or action. SMS shall
provide premises and property liability insurance acceptable to the City and naming the
City as an additional insured (and provide proof thereof) with coverage limits in an amount
of no less than $1,000,000.00 combined single limit. SMS shall adhere to any and all
reasonable insurance requirements of the City.
SECTION 10. NO ASSIGNMENT WITHOUT CONSENT. SMS shall not assign this
Extension or any of SMS' rights hereunder, nor sublet the Premises or any portion thereof,
without first obtaining the written consent of the City.
SECTION 11. DEFAULT/TERMINATION. The City, at its option, may terminate this
Extension on 90 days' notice to SMS: (a) if any Rent due hereunder is not paid when due;
or (b) if the Premises are abandoned by SMS or otherwise become and remain vacant or
deserted for a period of 10 days or more; or (c) if the Premises are used for some purpose
other than the use authorized herein; or (d) if SMS has failed to cure a default in the
performance of any other provision of this Extension or any rule or regulation set forth
herein within 10 days after written notice thereof to SMS from the City, or if such default
cannot be completely cured in such time, if SMS shall not promptly proceed in good faith
to cure such default within said 10 days (which must be cured, in any event, within 30
days). In the event that the City elects to terminate this Extension, then, upon the
expiration of the aforesaid 3-day notice period, SMS shall remain liable for damages to
the maximum extent provided herein or permitted by law. Additionally, with 90 days prior
written notice to SMS, the City may terminate this Extension for the convenience of the
City and without cause or any curative period.
SECTION 12. DESTRUCTION OF PREMISES. In the event that the Premises or a
portion thereof is destroyed or damaged by fire or other casualty, then the City may or
may not elect to repair or rebuild the Premises or to terminate this Extension. If the City
elects to repair or rebuild, this Extension shall remain in force, and the City shall complete
all repairs or rebuilding after such election. If the City elects to terminate this Extension
rather than to repair or rebuild, SMS shall promptly surrender possession of the Premises
to the City and neither the City nor SMS shall have any remaining obligations hereunder,
except any obligations owed by SMS that accrued before the casualty, which obligations
SMS shall forthwith settle. The City shall not be liable for any damages, inconvenience,
or annoyance to SMS resulting from any damage to the Premises or from the repair or
replacement thereof and shall not be liable for any delay in restoring the Premises unless
arising from the City's negligent or wrongful action. If SMS' negligence or other action, or
the negligence or other action of SMS' agents, employees or invitees results in damage
or destruction to the Premises, then notwithstanding any other provision of this Extension,
SMS shall be obligated to pay the cost or repair, replacement or restoration that exceeds
any available insurance proceeds therefore, and Rent shall not abate during the period
of repair or restoration.
SECTION 13. LIABILITY FOR LOSS OF PERSONAL PROPERTY. All personal
property placed or moved in the Premises shall be at the risk of SMS. The City shall not
be liable for any damage to person or to property occurring on the Premises or related to
SMS' use thereof including, but not limited to, damages arising from the bursting or
leaking of water pipes.
SECTION 14. ALTERATIONS. SMS shall not make any alterations to the
Premises without first obtaining the written consent of the City. Any alterations so
approved by the City shall (a) be made in a good and workmanlike manner; (b) be paid
for in full by SMS; (c) be made with materials of comparable or better quality than are
already in place; and (d) not weaken the Premises or cause a reduction in fair market
value of the Premises. All alterations shall either be removed/restored or left in the
possession of the City, as determined by the City, upon the termination of this Extension.
SECTION 15. MAINTENANCE/UTILITIES. The Landlord shall pay costs relating to
the cleaning of the Premises (including -floors, carpets and restrooms) as well as for all
restroom supplies and any security systems. Cleaning will occur at least three times a
week Cleaning services more than three times a week may occur at the discretion of the
City. The Landlord will be responsible for structural repairs or replacements, including the
roof and HVAC system (including replacing HVAC system filters), routine repairs and
maintenance when not resulting from the actions of SMS. The Landlord shall be
responsible for the cost of utilities including water, sewer, electric and solid waste as well
as base charges relating thereto. The City will also be responsible for all costs associated
with telephone, internet, cable service, repair/replacement of kitchen appliances, water
fountain, and printers, as of the effective date of this agreement. SMS, at its expense,
shall maintain in a good and safe condition the interior of all buildings and structures
hereafter placed on the Premises. The premises shall at all times be clean so as to
present an attractive appearance, all at the sole cost and expense of SMS. SMS shall
maintain the Premises (to include, but not to be limited to, all exterior features of buildings
and landscaping and mowing) in a clean and neat condition and shall not accumulate or
permit the accumulation of any trash, refuse, or debris or of anything that is unsightly, or
which creates a fire hazard or nuisance or causes inconveniences to adjoining properties.
SMS shall be responsible for all costs associated with telephone, internet and cable
service beyond what is currently being provided.
SECTION 16. ACCESS TO PREMISES. The City may enter the Premises at any
time for the protection or preservation of the Premises; provided, however, that normal
inspections of the Premises shall occur during normal business hours.
SECTION 17. COST OF COLLECTION AND ATTORNEY'S FEES. In the event
of legal proceedings between the parties, the prevailing party in such proceedings shall
be entitled to have its costs and attorneys' fees, including costs and attorneys' fees for
appellate proceedings, paid by the non -prevailing party.
SECTION 18. LIENS. SMS agrees to keep the Premises free and clear of any lien
or encumbrance of any kind whatsoever created by SMS' acts or omissions and SMS
shall indemnify and defend, to the extent and limits permitted by law, the City against any
claim or action brought to enforce any lien imposed on the Premises because of SMS'
negligent act or omission. Except as specifically provided otherwise herein, SMS shall
have 5 days after receiving notice of any such lien or encumbrance to have such removed.
If SMS fails to have such removed within that time, SMS shall be in default.
SECTION 19. WAIVER. No act of a party shall be deemed a waiver of any of
the party's rights hereunder unless such waiver is specifically made in writing. A party's
forbearance to enforce any rights hereunder or to exercise any available remedy, or to
insist upon strict compliance herewith, shall not be deemed a waiver or forfeiture of such
rights, remedies or strict compliance, nor shall such forbearance stop the party from
exercising any available rights or remedies or from requiring strict compliance in the
future. The City's acceptance of any late or inadequate performance including, but not
limited to, late or insufficient payments of Rent, shall not constitute a waiver or forfeiture
of the City's right to treat such performance as an event of default or to require timely and
adequate performance in the future.
SECTION 20. NOTICES.
(a). All notices or other communication required or permitted to be given
pursuant to this Extension shall be in writing and shall be construed as properly given if
mailed by registered or certified mail with return receipt requested. It is agreed that notice
so mailed shall be reasonable and effective upon the expiration of three business days
after its deposit. Notice given in any other manner shall be effective only if and when
received by the addressee. For purposes of notice, the addresses of the parties shall be
the address as follows: As to SMS:
Christina Hollerbach
618 East 2nd Street
Sanford, Florida 32771
As to the City:
Norton N. Bonaparte, Jr., ICMA-CM
City Manager
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
(b). The parties may change the contact person designated herein by providing
timely written notice to the other party of the designated new contact person.
SECTION 21. CONSTRUCTION. Whenever the context permits or requires the
use of the singular in this Extension shall include the plural and the plural shall include
the singular. Any reference herein to one gender shall likewise apply to the other gender
and to the neuter; and any reference herein to the neuter shall refer likewise to one or all
genders. Any reference herein to a person shall include trusts, partnerships, corporations,
and other entity, as appropriate. It is mutually understood and agreed that nothing
contained in this Extension is intended or shall be construed as in any wise creating or
establishing the relationship of co-partners between the parties hereto or as constituting
SMS as the agent or representative of the City for any purpose of any manner whatsoever
under the provisions of this Extension.
SECTION 22. CAPTIONS. The captions to the provisions of this Extension are for
convenience and reference only and in no way define, limit or describe the scope or intent
of this Extension nor in any way effect the substance of this Extension.
SECTION 23. APPLICABLE LAWNENUE.
(a). This Extension shall be governed by and construed in accordance with the
laws of the State of Florida. Venue shall be in the Eighteenth Judicial Circuit Court in and
for Seminole County, Florida.
(b). Without limiting the generality of the prior Subsection, SMS understands
that Chapter 119, Florida Statutes, pertaining to public records shall be applicable to
this Extension and acknowledges review of, and adherence to, the following
provisions and disclosures from the City:
(i).'IF THE CONTRACTOR/SMS HAS QUESTIONS
REGARDING APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S (SMS' ) DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT (407) 688-5012, TRACI HOUCHIN, CMC,
ECRM, CITY CLERK, CITY OF SANFORD, CITY HALL, 300
NORTH PARK AVENUE, SANFORD, FL 32771,
TRACI.HOUCHIN@SANFORDFL.GOV.
(ii). In order to comply with Section 119.0701, Florida Statutes, public
records laws, SMS must:
(A). Keep and maintain public records that ordinarily and
necessarily would be required by the City in order to perform the
service.
(B). Provide the public with access to public records on the same
terms and conditions that the City would provide the records and
at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes, or as otherwise provided by law.
(C). Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not
disclosed except as authorized by law.
(D). Meet all requirements for retaining public records and transfer,
at no cost, to the City all public records in possession of SMS upon
termination of the contract and destroy any duplicate public records
that are exempt or confidential and exempt from public records
disclosure requirements. All records stored electronically must be
provided to the City in a format that is compatible with the
information technology systems of the City.
(iii). If SMS does not comply with a public records request, the City
shall enforce the contract provisions in accordance with this Extension.
(iv). Failure by SMS to grant such public access and comply with
public records requests shall be grounds for immediate unilateral
cancellation of this Extension by the City. SMS shall promptly provide
the City with a copy of any request to inspect or copy public records in
possession of SMS and shall promptly provide the City with a copy of
SMS' response to each such request.
SECTION 24. SURVIVABILITY. The parties agree that all of SMS' indemnities,
representations and warranties made herein, shall, to the extent and limits permitted by
law, survive the termination or expiration of this Extension and that the termination or
expiration hereof shall not release SMS from any accrued, unfulfilled or unsatisfied
liabilities or obligations.
SECTION 25. MERGER. No prior or present agreements or representations
shall be binding upon the parties hereto unless incorporated in this Extension. No
modification or change in this Extension shall be valid or binding upon the parties unless
a writing is executed by the parties to be bound thereby. To the extent that the parties
have entered any prior agreement(s), it/they are hereby repealed and superseded; prior,
however, that SMS shall continue to fully indemnify, hold harmless and insure the City
relative to any and all acts taken thereunder.
SECTION 26. PARTIES BOUND. This Extension shall be binding upon and shall
inure to the benefit of the heirs, personal representatives, successors and assigns of the
parties. In the event that the City or any successor -owner of the Premises shall convey
or otherwise dispose of the Premises, all liabilities and obligations of the City, or any
successor -owner as the City, to SMS under this Extension shall terminate upon such
conveyance or disposal and the giving of written notice thereof to SMS.
SECTION 27. SEVERABILITY. If any provision of this Extension should be in
conflict with any public policy, statute or rule of law, or is otherwise determined to be
invalid or unenforceable, then such provision shall be deemed null and void to the extent
of such conflict, but without invalidating the remaining provisions.
SECTION 28. ACCORD AND SATISFACTION. No payment by SMS or receipt by
the City of a lesser amount than the Rent herein stipulated shall be deemed to be other
than on account of the earlier Rent, nor shall any endorsement or statement on any check
or any letter accompanying any check or Rent payment be deemed an accord and
satisfaction. The City may accept such check or payment without prejudice to the City's
right to recover the balance of such Rent or pursue any other remedy provided in this
Extension.
SECTION 29. TIME PERIODS. Time is of the essence in this Extension. Any
reference herein to time periods of less than 6 days shall exclude Saturdays, Sundays
and legal holidays; and any time period provided for herein that ends on a Saturday,
Sunday or legal holiday shall extend to 5:00 PM of the next full business day.
SECTION 30. RECORDING. This Extension shall not be recorded in the Land
Records of Seminole County but shall be recorded with the City Clerk of the City of
Sanford as a public record.
SECTION 31. AUTHORITY OF SIGNATORIES. The signatories to this Extension
hereby represent that they have the lawful authority to execute this Extension.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals
on the date stated.
SIGNATURE BLOCKS FOLLOW:
AttestlWitnesses:
rMoskowitz, Secretary
--_
, Tr surer
•T
TENANTISANFORD MAIN STREET,
INC.
gy
Chris ina o ach., President
11
Date: 6 1
ACKNOWLEDGMENT
This instrument was sworn to and subscribed before me by means of Zphysical
presence or ❑ online notarization, this/'2/'day of , 2023, by Christina
Hollerbach, Mary Moskowitz and Tony Antonik. They are personally known to me
or [_] produced agi-dentification. 11_�
PAMELA K. LYNCH
.� oa
Notary Public -State of Florida
Commission # HH 388133
My Commission Expires
August 05, 2027
Attest.
Traci Houchin, MMC, FCRM
City Clerk
Approved as to form and legality:
,G
William L. Colbert
City Attorney
(Signature of Notary Public)
Print Name:��,�,��_A
Notary Public, State of Florida
Commission No.:
My Commission Expires: %q � -�O27
LANDLORD/CITY OF SANFORD:
Art Woodruulf f
Mayor
Date:
CITY OFr
'
SjkNFORD 0 WS _ RM x
FLORIDA Item No.(�
CITY COMMISSION MEMORANDUM 23-1 1 O.B
JUNE 26, 2023 AGENDA
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 a e
SUBJECT: Facility Lease Agreement Extension an estate ent; Sanford Main
Street, Inc.; 230 East First Street (Sanford In�rmation Center)
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront /
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Approval and an extension and restatement of the facility lease agreement for the City owned
property located at 230 East First Street (Sanford Information Center) between Sanford Main
Street, Inc. (SMS) and the City of Sanford is requested.
FISCAL/STAFFING STATEMENT:
The City will continue to provide all maintenance, janitorial service and pay utility bills (power,
water, sewer, telephone, internet, and solid waste), and any structural repairs and replacement
associated with the use of the building on the property. The average power and utilities bill cost is
$12,881 per year.
BACKGROUND:
The mission of SMS is to preserve and enhance the historic charm and integrity of the Sanford
community, while encouraging local spending, tourism and a sense of community, which will
improve the local economy. The officers of SMS are Christina Hollerbach, Paul Williams, Troy
Antonik and Mary Moskowitz.
This facility lease agreement expired in 2020. The proposed extension and restatement agreement
will expire on December 31, 2024; however, the agreement can be extended for additional one-
year terms if both parties agree. An annual performance and financial report from SMS will be
required. The City Manager shall have the authority to act on behalf of the City in regard to
extensions. That delegation will save the City Commission agenda time and staff time while
avoiding inadvertent lapses in renewals as have occurred in the past.
LEGAL REVIEW:
The Assistant City Attorney has prepared the extension and restatement and has no legal
objections.
RECOMMENDATION:
City staff recommends that the City Commission approve the nunc pro tunc extension and
restatement to the facility lease agreement between SMS and the City of Sanford.
SUGGESTED MOTION:
"I move to ratify and approve the nunc pro tunc extension and restatement, as proposed."
Attachment: Extension to and Restatement of Lease Agreement between the City and SMS.