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043-Chamber of Commerce Bldg,- S- `f3 LEASE AMENDMENT THIS LEASE AMENDMENT, made this 4{, day of `n#1ee /f' , A.D. 1999, amends the Lease dated the 1st day of March, A.D. 1994, by and between the CITY OF SANFORD, hereafter called "LESSOR ", and the SANFORD /SEMINOLE COUNTY i I=t , &, CHAMBER OF COMMERCE, INC. previously known as Greater Sanford Chamber of <z Commerce, Inc. hereafter called "LESSEE ". C) WITNESSETH: �C TERM The purpose of this Lease Amendment is to extend the term of the original Lease now being amended which expires at midnight on March 1, 1999. The term of this Lease is extended for five (5) additional years to expire at midnight on March 1, 2004. Under this extension, both the LESSOR and LESSEE, have the right to cancel this Lease at any time during the extended term by providing ninety (90) days written notice of such intention. Such notice shall be provided as specified in Paragraph 11 of the original Lease. All other provisions of the original Lease remain in effect. IN WITNESS WHEREOF, the parties have hereunder set their hands and seals to this lease on the day and year first above written. Signed, Sealed and Delivered in the Presence of-Witnesses: Z � $ (As to LESSOR) 0, (As to LESSEE) l� i / I SANFORD/SEMINOLE COUNTY CHAMBER OR COMMERCE C ity of Sanford, Florida P.O. Box 1788 • 32 772 -1 78 8 (407) 330 -5608 • (407) 330 -5606 Fax March 25, 1999 Mr. Ronald E. Rose Executive Director Sanford/Seminole County Chamber of Commerce 400 East First Street Sanford, FL 32771 Dear Mr. Rose: \ p� C r{q Enclosed is the original Lease Ame dra t between the City of Sanford and the Sanford/ Seminole County Chamber of Commerce to extend the lease to March 1, 2004. It was approved by your Executive Committee on March 11, 1999 and by the City Commission on March 22, 1999. Please have it executed by Helen Stairs and have her signature witnessed by two persons, fill in the date she executes it on the first line, keep a copy for your records, and return the original to me. If you have any questions, please do not hesitate to call me. Sincerely, "Janet R. Dougherty, CMC City Clerk id Enclosure "The Friendly City" Of fice of the City Clerk Janet R. Dougherty, CMC '� 1944 MAR i I PH 1: 04 CITY OF SANFORD AGENDA MEMORANDUM DATE March 22, 1999 ITEM NO. 4 2 3 rT SUBJECT- Lease.Amendment for the Sanford/Seminole Chamberof Corse Inc, DEPARTMENT: City Managers Office DIVISION: Administration AUTHORIZED BY: Tony VanDerworp CONTACT: Yvette Hartsfie i' EXT: 5799 MOTION/RECOMMENDATION: It is recommended that the approval be given in regards to the attached Lease Amendment between the City of Sanford and the Sanford/Seminole Chamber of Commerce, Inc. This Amendment will be extended for five (5) additional years to expire at midnight on March 1, 2004. Under this extension, both the Lessor and Lessee, have the right to cancel this Lease at any time during the extended term by providing (90) days written notice of such intention. BACKGROUND: The lease between the City and the Sanford/Seminole Chamber of Commerce has been in effect for many years. The Chamber pays $1.00 a year, utility cost, and normal operating expenses. The Chamber is also responsible for all maintenance and repairs to premises and grounds ,d- ` T' Attachment maintenance upkeep. �^ Review CM CA I Deputy CM _ Finance Du. _ Regular_ Consent X Work Session_ Briefing_ Other G`ty o� Sanford, Fl orid d P.O. Box 1 788 - 32772 -1788 Telephone (407) 330 -5601 Fax (407) 330 -5666 February 18, 1994 Mr. David T. Farr Executive Director Greater Sanford Chamber of Commerce 400 East First Street Sanford, Florida 32771 Dear Dave: C- b4-3 Enclosed herewith, please one (1) fully executed copy of the Lease for the Chamber of Commerce building. I appreciate your cooperation and assistance in progressing this matter to final conclusion, and look forward to working with you in the implementation of this Lease. Please do not hesitate to contact me if you have any questions. Very truly yours, W. A. Simmons, P. E. City Manager WAS l acd Enclosure cc: City Clerk:/ Finance Director a: \letter \cham- ber.1es Go "The Friendly City" LEASE This indenture of Lease, made d entered i Sanford, Seminole County, Florida, this day of A.D. 1994, by and between the CITY OF FORD, FLORIDA municipal corporation, (hereinafter referred to as "Lessor ") and the GREATER SANFORD CHAMBER OF COMMERCE (hereinafter referred to as "LESSEE "), which terms shall include successors, legal representatives and assigns, whenever the contents herein so require or admit: WITNESSETH: WHEREAS, the parties have heretofore agreed to certain rental terms and conditions for certain real property owned by the CITY OF SANFORD; and WHEREAS, the parties desire to reduce the agreement to writing for the benefit of each; and WHEREAS, the CITY OF SANFORD, FLORIDA, has heretofore declared that the operation of the facilities hereinafter described to be a valid public purpose and of great value to the CITY OF SANFORD and its inhabitants; C-_04-3 NOW, THEREFORE, for and in consideration of the mutual covenants herein contained and in consideration of the payments and. undertakings herein mentioned and for other good and valuable considerations, the parties do hereby agree as follows: 1. CONDITIONS. The conditions sited above are true and correct and fully incorporate within the body of this Lease by reference. 2. DEMISED PREMISES. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor that certain parcel of real property with related improvements located at 400 East First Street, Sanford, Florida (hereinafter referred to as the "demised premises ") now titled in the name of Lessor and more particularly described on Addendum -1 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. Lessee shall have non - exclusive use of adjacent parking lot (to N and E) on first come first served basis for parking purposes. 3. T he term of this lease shall begin on the 1st day of 1994 (hereinafter referred to as the "commencem a% and shall remain in effect for a period of five (5) years. Notwithstanding the five (5) year term recited herein, the Lessor and Lessee agree to review the Lease on an annual basis beginning twelve (12) months from its inception to 1 evaluate goals and objectives. In the event that either party determines that the goals and objections are not being met the Lease may be canceled upon ninety (90) days written notice. 4. RENT. Lessee shall pay as rent to Lessor the sum of ONE & 00 /100ths DOLLARS ($1.00) per year. 5. UTILITIES, OTHER COSTS AND EXPENSES. Lessee agrees to promptly pay all utility costs including but not limited to electricity use, water use, sewer use, stormwater, refuse and recycling charges. The Lessee is responsible for all other normal operating expenses including telephone and any taxes, real or personal or use levied on demised premises at present or in the future. The Lessor during the entire term of this lease reserves the right to vacate or create utility easements on the leased premises and further reserved the right to utilize, where appropriate and feasible in Lessors sole discretion, the premises for reclaimed water irrigation purpose. If so utilized Lessor shall install, maintain and operate the reclaimed water irrigation system. 6. INSURANCE. Lessee at all times will indemnify and save Lessor harmless from any and all fault,. liability, damage, suits, or other costs arising out of or in any way connected with the use or occupancy and improvements to the demised premises by Lessee, and in connection therewith, will maintain in force during the lease term (including renewals) a policy or. policies of insurance protecting Lessor, at Lessee's sole cost and expense, as follows: (a) All policies and certificates of insurance of the Lessee shall contain the following clauses: (1) Underwriters will have no right of recovery or subrogation against the City of Sanford, Florida, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above- mentioned insurance. (2) The clause "other insurance provisions ", in a policy in which the City of Sanford, Florida is named as an insured, hall not apply to the City of Sanford, Florida. (3) The insurance companies issuing the policy or policies shall have no recourse against the City of Sanford, Florida for payment of any premiums or for assessments under any form of policy. (4) Any and all deductibles in the above - described insurance policies shall be assumed by 2 and be for the amount of, and at the sole risk of the Lessee. (b) INSURANCE: The Lessee, prior to the beginning of this agreement, shall provide at his own cost and expense, proof of the following insurance to the City of Sanford, Florida in insurance companies licensed in the State of Florida. Thirty (30) days prior to cancellation or material change in the policies, notice thereof shall be given to the City of Sanford, Florida by registered mail, return receipt requested, on all the required insurance policies. All notices will name the Lessee and identify the contract number: (1) Workers' Compensation - Statutory - in compliance with the Compensation Laws of the State of Florida. (2) General Liability Insurance with a minimum limit of liability per occurrence for bodily injury of $1,000,000 and a minimum of $500,000 for property damage. This insurance shall include coverage for bodily injury and property damage and may indicate coverage for Professional Liability, Broad Form Blanket Contractual and for Premises - operations. (3) Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for ,. bodily injury and minimum of $500,000 per occurrence for property damage unless otherwise indicated. This insurance shall include for bodily injury and property damage the following coverages: Owned automobiles Hired automobiles Non -owned automobiles (4) Broad Form Hazard Insurance All property losses (other than building contents) shall be payable to and adjusted with the City of Sanford, Florida. (5) All policies of insurance shall be approved by the Finance Director prior to the inception of this lease. (6) If, at any time, any of the said policies shall be or become unsatisfactory to the City, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the City, the Lessee shall promptly obtain a new policy and submit same to the City of Sanford, Florida for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Lessee to furnish, deliver and maintain such insurance as above provided, this contract, at the election of the City, may be forthwith declared suspended, discontinued or terminated. Failure of the Lessee to take out and /or to maintain or the taking out and /or maintenance of any required insurance shall not relieve the Lessee from any liability under the contract, nor shall the insurance requirements be construed to conflict with the obligations of the Lessee concerning indemnification. (7) In the event that claims in excess of these amounts are filed by reason of any operations under the lease, the amounts of excess of such claims, or any portion thereof, may be. withheld from payment due or to become due to the Lessee until such time as the Lessee shall furnish such additional security covering such claims as may be determined by the City of Sanford, Florida. (b) The parties shall fully cooperate in making claims and furnishing information to the insurer or insurers and obtaining settlements and payments from insurer or insurers. 7. COMPLIANCE WITH REGULATIONS OR PUBLIC BODIES. In the - W exercise of any and all of Lessee's rights hereunder, Lessee shall in all respects comply with all applicable laws, ordinances, and governmental regulations. 8. USE OF PREMISES. The demised premises may be used by Lessee for Chamber of Commerce business. The 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 , ordinances and regulations of the City of Sanford. This lease shall not be assigned nor assumed nor any portion thereof without the express written consent of Lessor. 9. COMMUNITY RENTALS. The demised premises shall be open to use by different groups for meetings or miscellaneous activities as approved by Lessee. Such approval shall not be arbitrarily withheld on the part of the Lessee. 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. The parties specifically agree that all rl improvements which are made on the property which are of a permanent nature and affixed to the land shall remain on the leased premises at the termination of this Lease and shall be considered the property of the Lessor. 11. 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: LESSOR: Mayor or City Manager City of Sanford Post Office Box 1788 Sanford, Florida 32772 -1788 LESSEE: Executive Director Greater Sanford Chamber of Commerce 400 East First Street Sanford, Florida 32771 Notice given shall be deemed received when received by the party named above. Either party may change that party's address 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. If the last day for giving any notice or performing any act hereunder falls on a 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. 12. REPAIRS AND MAINTENANCE. Lessee shall be responsible for all maintenance, and repairs to the demised premises. Lessee shall also be responsible for all grounds maintenance and upkeep after September 30, 1994. 13. CONDEMNATION. If during the term hereof the demised premises or any 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. 14. 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 5 (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 ninety (90) days after written notice thereof. (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. 15. 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 of the 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 or disturbance from Lessor, subject to the terms and provisions hereof. 16. 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 untenantable, 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. 17. MISCELLANEOUS. (a) 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. (b) 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 the text thereunder. (c) Partnership, Agency, Etc. Neither the terms, provisions 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. 11 (d) Unenforceable Provisions. S h o u l d a n y provision of this lease or any portion of such provision be determined by a court of competent jurisdiction to be 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. (e) Time of the Essence. Time is of the essence of the performance of all of the terms, covenants and conditions of this lease. (f) 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 therefor. (g) Recording. Neither Lessor or Lessee shall record this lease. However, if either party shall deem it necessary to record evidence of this lease to preserve its rights hereunder, Lessor and Lessee shall execute a short -form memorandum or notice of this agreement containing the essential terms necessary to effectuate the desired notice or protection and record the same among the public records of Seminole County, Florida. If such memorandum is recorded, upon expiration or termination of this lease an appropriate notice evidencing such expiration or termination shall be promptly filed by Lessee. (h) 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. (i) Binding Effect. This lease shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto, as limited in the preceding paragraphs of this lease. 7 r-� /00 (j) 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, as well as any other court having jurisdiction, at the option of Lessor, and Lessee consents to the jurisdiction and venue of the courts located in Seminole County, Florida, and each such other court. 18. ASSIGNMENT. Lessee agrees not to assign this lease without first obtaining Lessor's written consent to the assignment. Such assignment shall not release Lessee from any of its obligations under this lease. 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 of the Housing. and Community Development Act of 1974, and the Lessee shall not, on the grounds of race, color, national origin, or sex: (a) Deny any facilities, services, financial aid or other benefits provided by the Lessee. (b) Provide any facilities, services, financial aid or other benefits which are different, or are provided in a different form from that provided to others. (c) Subject to segregated or separate treatment in any facility in, or in any matter or process related to receipt of any service or benefit. (d) 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. (e) 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. 0 (f) Deny an opportunity to participate in a program or activity as an employee. IN WITNESS WHEREOF, the parties have signed this lease as of the 1 4 4 day of _ February , 1994. Signed, Sealed and Delivered in our Presence: LESSOR: CITY OF SANFORD, FLORIDA BY: Bk D. SMITH, MAYOR T: DA D FARR, SEC. STAT FLORIDA COUNTY OF SEMINOLE LESSEE: GREATER SANFORD CHAMBER OF COMMERCE BY: ROBBIE ROBERTSON, PR Before me personally appeared BETTYE D. SMITH, MAYOR and JAN DONAHOE, 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 seal, this 1 +k day of ebru0.r ) , A.D. 1994. l� Notary Public, State of Florida My Commission Expires: .t� Q4 0 DIANE CREWS Co 1. ion CC274616 wmy 9 Expires Apr 06.1997 Bonded BY ANB arF v l 8006325878 b ¥ f!/ $|§ ■§ B \ \ D � }� � y, � & � /M $Q � .� § \[ §\ /\ .� / e %! � .m / & SEES ;"0 p; R&; ;w_. rr , m n J (D ;�f §(D a urn :y m (D (D &22 CD &Emm0 ; N to (D rf 0 tj 0 %&\ © �E& r��EeR� / M P ct ESN ^ q tQ /krt /@k ,,m - V m P, (a F32 U §K2§; P.tj 0 0 J § & m :3 ti ,22E o- En F3 �� \ \N\ R� ~ PU §to 00 m;fu m K;KKk \� In \ 0 hi tn ti 0 \� m E }