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038-Boys & Girls Club Lease-12/11/00LEASE AGREEMENT DEC t' U20 pHa-47 THIS LEASE is made and entered into by and between the CITY OF SANFORD, - FLORIDA (hereinafter referred to as "LESSOR") and BOYS & GIRLS CLUB OF CENTRAL FLORIDA, INC. (hereinafter referred to as "LESSEE "). WHEREAS, the Lessor owns facilities commonly known as WESTSIDE RECREATION CENTER; WHEREAS, Lessor desires to expand its youth outreach and recreation activities within the City; WHEREAS, Lessee has agreed to provide additional outreach and recreation activities within the City; WHEREAS, Lessee covenants with the Lessor the Lessor that it provide outreach and recreation activities within the City; NOW, THEREFORE, the Lessor and Lessee agree as follows: DEMISED PREMISES. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor that certain parcel of real property with related improvements located at 919 South Persimmon Avenue, Sanford, Florida (hereinafter referred to as the "demised premises ") now titled in the name of Lessor and more particularly described on Addendum -A- attached hereto and incorporated herein. Lessee shall have the use and enjoyment of the demised premises for the term hereof and pursuant to the conditions set forth hereinafter. 2. TERM. The term of this lease shall begin on the 13th day of October 2000 (hereinafter referred to as the "commencement date "), and shall remain in effect for a period of six (6) months. In the event that either party determines that the goals and objectives are not being met the Lease may be canceled upon ninety (90) days written notice with or without cause. 3. RENT. Lessee shall pay as rent to Lessor the sum of $1.00 per year. 4. REPORTS. The Lessee shall furnish the Lessor with quarterly reports, in a format substantially similar to Addendum -B- which provides information relative membership, units of service, attendance, activity, all revenues generated and/or received (source, type and use), expenses, and staffing, for all Seminole County Boys & Girls Clubs. 0.5 UTILITIES, OTHER COST AND EXPENSES. Lessee will be billed directly by utility providers for all utility costs including, but not limited to, electricity use, water use, sewer use and refuse. Lessee hereby agrees to promptly pay all utility costs referenced . The Lessee is responsible for all other normal operating expenses including telephone. 0.6 INSURANCE. Lessee shall, at Lessee's sole cost and expense, at all times during the term of this lease (including any extension or renewal), maintain insurance for the protection and benefit of Lessor and Lessee as follows: 1. Comprehensive general liability insurance providing coverage in policy amount of $500,000.00 coverage for bodily injury or death, for any one accident or occurrence with respect to the demised premises or arising out of the maintenance, use or occupancy thereof, and naming Lessor as the insured or as an additional insured with Lessee. Lessee shall maintain the insurance with a responsible insurer or insurers. 2. The parties shall fully cooperate in making claims and furnishing information to the insurer or insurers, and obtaining settlements and payments from the insurer or insurers. Lessor shall maintain hazard, fire, windstorm and extended all risk coverage insurance on the demised premises at full replacement value. 3. Proof of insurance must be provided by Lessee to the Lessor, immediately upon execution of this lease, as well as thirty (30) days prior notice of any cancellation of the insurance coverage. 0.7 COMPLIANCE WITH REGULATIONS OF PUBLIC BODIES In the exercise of any and all of Lessee's rights hereunder, Lessee shall in all respects comply with all applicable laws, ordinances, and governmental regulations, including but not limited to those relating to zoning , worker compensation, pollution, permitting and environmental matters, Lessor represents to Lessee that as of the commencement date, the subject property is not in known violation of federal, state or local environmental laws or regulations resulting from the use or storage of chemicals or pesticides on the property, Lessee does not assume any liability for any prior violations nor 2 does Lessee assume any liability for any environmental damages except matters in which Lessee actively caused such damage. 0.8 CONDITIONS OF USE OF PREMISES. The demised premises may be used by Lessee for recreation facilities for the boys and girls in the community. Lessee covenants and agrees that the demised premises shall be used exclusively for recreation facilities for the boys and girls in the community, and Lessee will not use, or suffer anyone to use the demised premises for any purpose in violation of the laws of the United States, the State of Florida, ordinance and regulations of the City of Sanford. The Lessee's program shall be planned to meet the needs and interests of youth and utilize three basic approaches: individual services, organized small group activities, drop -in and large group activities. The Lessee shall concern itself with the school drop- out problems, vocation guidance, health services, and serving the hard to reach youth. Referrals to schools, churches, courts, employment and health resources shall be major services. The demised premises shall be used in accordance with the following: 8.1 Membership. Youth of all races, creeds, national origins, sex, and economic status are eligible for membership. 8.2 Status. The Lessee shall be non - sectarian in its organization, management and leadership. 8.3 Access. The premises shall be open to all its members at anytime during its hours of operation. 8.4 Leadership. The Lessee shall have full -time professional leadership, supplemented by part-time professional leadership, supplemented by part- time workers and volunteers. All children shall receive, from the Lessee, a level of supervision sufficient to provide and insure for a safe and beneficial experience and environment. 8.5 Eligibility. No proof of good character or pledge is required. Its membership is not limited to youth of good character only. It shall help youth who may be in danger of acquiring or have had bad habits and wrong attitudes and who behave improperly. 8.6 Charges. Dues are kept low so that any youngster can afford to belong. Youngsters who cannot afford to pay anything may work for their membership, or shall be provided scholarship assistance via Lessee resources. All youth belong on an equal basis. 3 8.7 Programming. The program shall be planned to meet the needs and interest of youth and utilize three basic approaches: individual services, organized small group activities, drop -in and large group activities. 0.8 Purpose. Activities, programs and recreation shall be tools used by the Lessee to help youth grow into responsible citizens. The Lessee's purpose shall be to provide behavior guidance and to promote health, physical, social, educational, vocational and character development of youth. The Lessee shall seek out unserved and unreached youth and to initiate such programs as tutoring, library work, good grooming, patriotism, respect for people and property, etc. 9. COMMUNITY RENTALS. The Westside Recreation Center is intended, during the term of this lease, for use by the Boys & Girls Club. The Westside Recreation Center is also intended to benefit the Sanford community therefore, uses such as weddings, homeowner association meetings, youth dances, educational pursuits, sports activities, community support groups and governmental gatherings, receptions, banquets etc... are allowed. These uses must be pre - approved in writing by the Lessor and Lessee. Lessor shall provide Lessee with comprehensive liability insurance for any such activities and shall indemnify Lessee against any loss or damage resulting from such activities. The Lessee shall provide, within thirty (30) days from the execution date of this lease, a list of planned uses, expected revenues, and insurance coverage required by the Lessee. The Lessee shall in conjunction with their reporting submission as required herein (Paragraph 4. Reports) provide written reports which profile all community rental activities by type, revenue and insurance coverage requirements. It is the intent of the Lessor to relax insurance requirements, whenever and wherever possible, to promote community activities. 10. IMPROVEMENTS Lessee shall have the right to make changes, alterations, or additions to the demised premises to improve the demised premises during the term of this lease, provided that such changes, alterations and additions are approved by Lessor in writing prior to the commencement of any such changes, alterations or additions, which approval shall not be unreasonable withheld, conditioned or delayed. 11. REPAIRS AND MAINTENANCE BY LESSEE. Lessee shall be responsible for: All repairs that are not structural in nature. n 12. REPAIRS AND MAINTENANCE BY LESSOR. Lessor shall be responsible for: 1. Repairs of a structural nature. 2. Regularly scheduled lawn mowing. 13. ADDRESSES; NOTICES; TIME. Notices hereunder shall be given by manual delivery, telegraph, or mail addressed as provided below. For the purpose of this lease the addresses of the parties are: Tony VanDerworp City Manager City of Sanford Post Office Box 1788 Sanford, Florida 32772 -1788 Gary W. Cain, President Boys & Girls Club of Central Florida, Inc. 801 N. Magnolia Avenue P.O. Box 2987 Orlando, Florida 32802 Notice given by certified mail shall be deemed received three (3) business days after such notice is deposited in the United States mails, postage prepaid. Notice given otherwise shall be deemed received when received at the address to which sent or when actually received by the party to whom addressed. Either party may change that party's addresses by giving written notice to the other, but the change shall not become effective until the notice is actually received by the other party. Payments due Lessor hereunder shall be made to Lessor at Lessor's address set forth above (or at a changed address as provided above). If the last day for giving any notice or performing any act hereunder falls on Saturday, Sunday, or day on which the United States Post Offices are not open for the regular transaction of business, the time shall be extended to the next day that is not a Saturday, Sunday, or Post Office holiday. 14. CONDEMNATION. If during the term hereof the demised premises or any substantial part thereof are taken by eminent domain for public purposes, either party shall be entitled to terminate this lease by providing thirty (30) days written notice to the other. Lessor shall be entitled to receive and retain any and all condemnation proceeds. 5 15. DEFAULT. (A) Lessee. The occurrence of one or more of the following is an event of default by Lessee: 1. Failure of Lessee to pay rent or make any other payment required by this lease when due, and the failure continues for ten (10) days after written notice thereof; and 2. Failure of Lessee to conform and comply with any obligation imposed upon Lessee by this lease, other than the obligation to pay money, and the failure continues for thirty (30) days after written notice thereof, unless the failure cannot be cured within said thirty (30)day period, in which case Lessee shall commence to sure such failure within thirty (30) days after written notice. (B) Lessor. Failure of Lessor to conform and comply with any obligations imposed upon Lessor by this lease shall be an event of default of Lessor. 16. QUIET ENJOYMENT Lessor covenants and agrees that if Lessee pays the rent and all other charges provided herein, performs all of its obligations provided for hereunder and observes all ofthe other provisions hereof, Lessee shall at all times during the term hereof peaceably and quietly have, hold and enjoy the demised premises without any interruption, hindrance of disturbance from Lessor, subject to the terms and provision hereof. 17. CASUALTY. In the event the demised premises shall be destroyed or damaged by fire or other casualty during the life of this lease whereby the same shall be rendered untenable, Lessee hereby agrees that Lessor may but shall not be required to utilize the proceeds of the insurance to reconstruct or repair the demised premises if it cannot be restored within thirty (30) days, Lessee may terminate. 18. ASSIGNMENT This Lease is not assignable by either party. 19. DISCRIMINATION PROHIBITED The Lessee will operate its organization in compliance with all applicable requirements imposed by or pursuant to regulations of the Secretary effectuating Title VI of the Civil Rights Act of 1964 (78 Stat. 241, 252) Executive Orders 11246 and 11063, Title VII of the Civil Rights Act of 1968, as amended, (P.L. 90 -284), Section 23 of the Housing and Urban Development Act of 1968, as amended, and Section 109 R of the Housing and Community Development Act of 1974, and the Lessee shall not, on the grounds of race, color, national origin, or sex: 1. Deny any facilities, services, financial aid or other benefits provided by the Lessee. 2. Provide any facilities, services, financial aid or other benefits which are different, or are provided in a different form from that provided to others. 3. Subject to segregated or separate treatment in any facility in, or in any matter or process related to receipt of any service or benefit. 4. Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits. 5. Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any facilities, services or other benefit provided. 6. Deny an opportunity to participate in a program or activity as an employee. 20. MISCELLANEOUS. 1. Waiver. No waiver of any breach of this lease by Lessor shall be considered a waiver of any other subsequent breach. The failure of Lessor to insist upon compliance by Lessee with any obligation, or exercise any remedy, does not waive the right to do so in the event of a continuing or subsequent default. 2. Captions. The use of captions or titles herein is for the convenience of the parties and such captions and titles shall not control the interpretation of he text thereunder. 3. Partnership, Agency, Etc. Neither the terms, provision or conditions of the lease of which they are a part shall be construed or interpreted to create, form, establish, or constitute a co- partnership, joint venture, agency, association or relationship, nor shall the same be construed or interpreted in any manner as making Lessor liable for the debts, defaults, obligations or lawsuits of Lessee. 4. Unenforceable Provisions. Should any provision of this lease or any portion of such provision be determined by a court of competent jurisdiction to be 7 invalid or unenforceable, it is intended that the same is severable so that such determination shall not be deemed to affect in any way other provisions or any other portion of the same provision of this lease. Any designation in this lease as to breaches of this lease shall not be deemed to be indicative that other events and violations of the provisions of this lease are not breaches of this lease. 5. Time of the Essence. Time is of the essence of the performance of all of the terms, covenants and conditions of this lease. 6. Agents, Subcontractors, Third Parties Bound. If Lessee employs or engages agents, subcontractors, or any other third parties other than employees of Lessee to work for or with Lessee in conjunction with its rights under this lease, such agents, subcontractors or other third parties shall abide by the terms of this lease, and Lessee shall be obligated therefore. 7. Entire Agreement. This agreement constitutes the entire agreement of the parties hereto, and no prior, present or subsequent agreement shall be binding on the parties hereto unless the same are in writing and executed by the parties hereto. 8. Governing Law and Venue The parties agree that this Lease shall be governed by the laws of the State of Florida and that any legal action between the Lessor and Lessee (whether in relation to this lease or in any proceeding related, ancillary or supplementary to this lease regardless of whether it sounds in contract, in tort, or otherwise) shall be brought in a court of competent jurisdiction located in Seminole County, Florida, and Lessee consents to the jurisdiction and venue of the courts located in Seminole County, Florida. K I IN W TNESS WHEREOF, the parties have signed this lease as of the of --4 , 2000. Signed, Sealed and Delivered in our Presence: LESSOR: CITY OF SANFORD, FLORI A ATTEST - CITY CLERK Y A. DALE, MAYOR ATTES SECRETARY LESSEE: BOYS & GIRLS CLUBS OF CENTRAL FLORIDA, INC. BY: PRESIDE d STATE OF FLORIDA COUNTY OF SEMINOLE Before me personally appeared LARRY A. DALE, MAYOR and JANET DOUGHERTY, CITY CLERK, of the CITY OF SANFORD, FLORIDA, to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed and that the contents therein are true and correct to the best of their knowledge and belief. WITNESS my hand and official sea this day f A.D. 2000. 'f 3'�u �� ``Y pf/II Pamela Snell Notary Public, State of Florida p.4 yC0M %t0N# CC957882 EXPIRES October 19 .2002 M Y Commission Expires: got4NDTMRU TROY M4 %SURANck*Q E STATE OF FLORIDA COUNTY OF SEMINOLE Before me personally appeared, as PRESIDENT and ?4M S ' - `l as SECRETARY, of BOYS / GIRLS CLUB, INC. to me well known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed and that the contents therein are true and correct to the best of their knowledge and belief. WITNESS my hand and official seal; this day of , A.D. 2000. may" MARIA C. DODGE ' MY GOMMISSION # CC 832468 - c EXPIRES: May 3, 2003 .� Bonded Thru Notary Public underwrilers Notary Pubfi , State of Florida My Commission Expires: 10