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038-Boys and Girls Club of Central FL*S8 06/01/95 LEASE EXTENSION AND MODIFICATION AGREEMENT This Lease Extension and Modification Agreement (The "Extension Agreement) is dated this day of �.i(.. 1995, by and between the City of Sanford, Florida (hereafter referred to as "LESSOR ") and Boys and Girls Club of Central Florida, Inc. (hereafter referred to as "LESSEE "). W I T N E S S E T H WHEREAS, on September 29, 1989, LESSOR and LESSEE entered into that certain Lease with respect to the facilities commonly known as Westside Recreation Center for an initial Lease term from the commencement date of October 1, 1989 through October 1, 1994. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00), and for other good and valuable consideration, the receipt of which is hereby acknowledged, LESSOR and LESSEE agree to amend and modify the terms and conditions of the Lease as follows: 1. LESSOR and LESSEE hereby agree to extend the term of the Lease as defined in the Lease Agreement for an additional five (5) years. The Commencement Date for the extension term is October 1, 1994, and the expiration date of the Lease shall be October 1, 1999. 2. The paragraph regarding payment of utilities costs and other related expenses as defined in Section 5 under the subheading "Utilities, Other Costs and Expenses" found on Page 3 of the Lease shall remain in effect through September 30, 1995 and on October 1, 1995 shall be deleted in its entirety and shall be replaced with the following: LESSEE will be billed directly by utility providers for all utility costs including electricity use, water use, sewer use and refuse. LESSEE hereby agrees to promptly pay all utility costs referenced above beginning on October 1, 1995 and for the remaining term of this Lease Extension and Modification Agreement. The LESSEE is responsible for all other normal operating expenses including telephone. 3. Notices hereunder shall be given by manual delivery, telegraph, or mail addressed as provided below. For the purpose of this Lease the addresses are as follows: LESSOR: WILLIAM A. SIMMONS City Manager Post Office Box 1788 Sanford, Florida 32772 -1788 LESSEE: GARY W. CAIN President Boys & Girls Club of Central Florida, Inc. Post Office Box 2987 Orlando, Florida 32802 4. The paragraph regarding repairs and maintenance to the demised premises as defined in Section 12 under subheading "Repairs and Maintenance" found on Page 5 of the Lease shall be deleted in its entirety and shall be replaced with the following: "LESSEE shall be responsible for daily maintenance such as janitorial, HVAC filters, light bulbs, etc. LESSOR shall be responsible for repairs of a structural nature. 5. The first sentence of Section 17(g) under subheading "Recording ", found on Page 7 of the Lease, which reads as follows: "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 ... ", is hereby deleted in its entirety, and shall no longer be a part of the Lease. 6. In recognition of the potential benefits to the residents of the City of Sanford expected to result from this Lease extension and modification, the LESSOR agrees to the following: a) Effective October 1, 1995, the LESSOR directly fund to the Boys and Girls Club of Central Florida, Inc., a sum of Five Hundred Dollars ($500.00) per month, payable on the first of each month for use in the general support of programs conducted at the demised facilities for the benefit of local boys and girls. This monthly funding will be adjusted annually, on October 1 in accordance with the change in Consumer Price Index (CPI) from the CPI in effect on October 1, 1995. b) In order to facilitate immediate installation of Lumark fixtures, model #MHJC- 175W- 120V -LP (or equal) lights in the gymnasium of the demised facilities, the LESSOR agrees to reimburse Page -2- (Boys /Girls Club Lease Extension) the LESSEE a sum not to exceed Three Thousand Dollars ($3,000.00) to partially fund the cost of the installation of said new gymnasium lights. c) Lawn maintenance - LESSOR shall provide regularly scheduled lawn mowing, utilizing LESSOR owned mechanical equipment only. d) LESSOR will bring all bathrooms to ADA standards as soon as possible. LESSOR will identify and correct areas where the fire alarm system does not meet ADA standards. LESSOR will install a chain link fence with one (1) gate on the west bank of Mill Creek within sixty (60) days of completion of current Mill Creek drainage improvement. e) LESSOR shall be responsible for all necessary repairs and /or replacement of HVAC system. LESSEE shall provide proper filter maintenance. LESSOR shall make any necessary repairs and /or replacement of the roof. 7. Except as modified herein, the Lease remains in full force and effect and there are no defaults of LESSOR or LESSEE. To the extent that there are any inconsistencies between the Lease and the terms and conditions of this Agreement, the provisions of this Agreement shall be controlling. IN WITNESS WHEREOF, LESSOR and LESSEE have caused this Agreement to be executed as of the date first above written. LESSOR: ATTEST: �- ANET R. DOUGH RTY, CITY CLERK CITY OF SANFORD, FLORIDA By: Y' ET E D. SMITH, MAYOR LESSEE: Page -3- (Boys /Girls Club Lease Extension) Witne s: -� BOYS AND GIRLS CLUB OF CENTRAL FLORIDA, INC. -� By: Signatu �.. Y Print: ti l ���� A &, 4 Mme-, Title: Signature Date: 06/01/95 (Agreements)a: \agreemnt \B&G- lease.ext Page -4- (Boys /Girls Club Lease Extension) LEASE AGREEMENT 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 that it will adhere to the philosophy described below in the operation of a facility to provide outreach and recreation activities within the City: 1. Youth of all races, creeds, national origins, sex, and economic status are eligible for membership. 2. The Lessee shall be non - sectarian in its organization, management and leadership. 3. The premises shall be open to all its members at anytime during its hours of operation. 4. The Lessee shall have full -time professional leadership, supplemented by part -time workers and volunteers. 5. 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. 6. Dues are kept low so that any youngster can afford to belong. Youngsters who cannot afford to pay anything may work for their membership. All youth belong on an equal basis. 7. The program shall be planned to meet the needs and interest of youth and utilize three basic approaches: individual services, organize small group activities, drop -in and large group activities. 14` 8. 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. 9. 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. NOW, THEREFORE, the Lessor and Lessee agree as follows: 1. CONDITIONS The conditions cited 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 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 -i 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. 3. TERM The term of this lease shall begin on the lst day of October, 1989 (hereinafter referred to as the "commencement date "), 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 evaluate goals and objectives. In the event that either party determines that the goals and objectives are not being met the Lease may be cancelled upon ninety (90) days written notice. - -2 -- W 4. RENT Lessee shall pay as rent to Lessor the sum of ONE & 00 /100THS DOLLARS ($1.00 ) per year. 51 UTILITIES, OTHER COSTS AND EXPENSES Lessee agrees to promptly pay 250 of all utility costs including electricity use, water use, sewer use and refuse. The Lessee is responsible for all other normal operating expenses including telephone. 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: (a) 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. (b) 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 improvements located on the demised premises at full replacement value. 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, workmen's 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 - -3 -- r07 not assume any liability for any prior violations nor does Lessee assume any liability for any environmental damages except matters in which Lessee actively caused such damage. 8. 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 only and 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, ordinances 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. 9. COMMUNITY RENTALS The Westside Recreation Center may be used by different groups for meetings or miscellaneous activities if approved by 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. 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: FRANK A. FAISON City Manager Post Office Box 1778 Sanford, Florida 32772 -1778 - -4 -- n LESSEE: FRANK X. MOLETTEIRE Executive Director Boys & Girls Clubs of Central Florida, Inc. Post Office 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 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 above (or at a changed address as provided above). 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 routine maintenance, and minor interior repairs to the demised premises not to exceed one thousand dollars ($1,000.00) in the aggregate in any one lease year. Lessor shall be responsible for all other repair and maintenance. 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 n 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. (d) Unenforceable Provisions Should any 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 - -7 -- l•, 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. (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. Lessor agrees not to withhold such consent unreasonably. Such assignment shall not release Lessee from any of its obligations under this lease. This Lease and the obligations hereunder are specifically conditioned upon Lessee obtaining adequate funds from United Way and other sources to meet its budget for the operation of the facility. 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, n 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. (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 r day of 1989. Signed, Sealed and Delivered in our Presence: LESSOR: CITY OF SANFORD, FLORIDA ATTEST -, I U z �i' / CITY CLERK B'I . SMITH, MAYOR Y ATTEST - SECRETARY LESSEE: BOYS & GIRLS CLUBS OF CENTRAL ^FLORIDA, INC. iJOHN H. MITCHELL, PRPSIDENT rl STATE OF FLORIDA COUNTY OF SEMINOLE Before me personally appeared BETTYE D. SMITH, MAYOR and JANET R. 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 day of r�'l A.D. 1989. -4, L Notary P lic, State of Florida My Commission Expires: OTARY PUBLIC; STATE OF 51.0:21DA AT LAROA MY COMMISSION EXP :ES SEP7: MSER 06, 199; BONDED THRU AGENT'S NOTARY BROKERA3 STATE OF FLORIDA COUNTY OF SEMINOLE Before me personally appeared JOHN H. MITCHELL, as PRESIDENT and Robert D. Tarr , 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. 1989. . r y tary Public, State of Florida Commission Expires: NOTARY PUBLIC, STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES JULY 4, 1992 BONDED THROUGH ASHTON AGENCY, INC, --10-- L-easp- Ne. 38 ADMEN). CERTIFICATE OF INSUR CSR PP DATE(MM /DD /YY) BOYSGIR 02/26/96 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE J Rolfe Davis Insurance Agcy 1 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 538230 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orlando FL 32853 -8230 COMPANIES AFFORD COVERAGE Mike Hatcher #265550925 COMPANY Phone No. 407 -8 96 -0550 Fax No. A Insurance Company of Evanston INSUREDI, COMPANY B RISCORP Insurance Company Boy's & Girl's Clubs of - - - -- - - - - -- - Central Florida, Inc. COMPANY Florida, Inc. C P.O. BOX 2987 COMPANY_.... _- Orlando FL 32802 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIO AND CONDITIONS OF SU CH PO LICIE S . LIMITS SH MAY HAVE BEEN R EDUCE D BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION OMITS LTR i DATE (MM /DD /YY) DATE (MM /DD /YY) GENERAL LIABILITY GENERAL AGGREGATE $ 3,000,000 A X COMMERCIAL GENERAL LIABILITY BINDER #5424 02/26/96 02/26/97 P RODUC T S - COM / AGG $ 1,000,000 I CLAIMS MADE L OCCUR PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 __— FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) $ 5.000 AUTOMOBILE LIABILITY A X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS f -- X HIRED AUTOS X ! NON-OWNED AUTOS NON -OWNED AUTOS j COMBINED SINGLE LIMIT $1,000,000. BINDER #5423 02/26/96] 02/26/97 BODILY INJURY (Per person) $ — BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO i O THER THAN AUTO ONL EACH ACCIDENT $ r AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ $ WORKERS COMPENSATION AND X STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT $ 500,000 THE PROPRIETOR/ NGL 11814 1 1 01/21/96 01/21/97 ;DISEASE - POLICY LIMIT $ 500,000 PARTNERS /EXECUTIVE - - _i OFFICERS ARE: EXCL i i DISEASE - EACH EMPLOYEE $ 500,000 OTHER I I DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS * 10 Days Cancellation on General Liability and Business Auto * 30 Days Cancellation on Workers' Compensation CERTIFICATE HOLDER CANCELLATION SANF013 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Sanford BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O. BOX 1778 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Sanford FL 32772-1778 AUTHORIZED REPRESENTATIVE Mike Hatcher #265550925 ACORD'25 -S (3193) OR -CORPORATION 1993