1428 CRA Event - Keep Seminole Beautiful - Thunder RunThe item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑
Development Order
R
❑
Final Plat (original mylars)
R
❑
Letter of Credit
F-1
❑
Maintenance Bond
IN"
❑
Ordinance
❑
❑
Performance Bond
F-1
Resolution
IV
("C"A
Once completed, please:
F-1 Return original
F-1 Return copy
R
Special Instructions:
�— ; li_- A k
Mayor's signature
Recording
Rendering
Safe keeping (Vault)
Please advise if you have any questions regarding the above.
Thank you!
From
TADepLforms\City Clerk Transmittal Memo - 2009.doc
RD -
Date
Keep Seminole Beautiful -Thunder Run /CITY OF SANFORD
COMMUNITY REDEVELOPMENT AGENCY
FUNDING AGREEMENT
k1l
THIS FUNDING AGREEMENT is made and entered into this day of October,
2011, by and between, the City of Sanford Community Redevelopment Agency, a
dependent special district of the City of Sanford operating within the State of Florida,
whose address is C/O Nicholas Mcray, Post Office Box 1788, Sanford, Florida 32771,
hereinafter referred to as the "CRA", and Keep Seminole Beautiful, a non profit 501 c.3
corporation authorized to do business in Florida, whose address is 108 W. Commercial
Sanford, FL 32771, hereinafter referred to as "Keep Seminole Beautiful"
WITNESSETH:
WHEREAS, the CRA desires to implement its role within City of Sanford City
government in accordance with the controlling provisions of Florida law; and
WHEREAS, the CRA desires to implement the budgetary decisions of City
Commission of the City of Sanford; and
WHEREAS, it is the desire of the CRA and Keep Seminole Beautiful to
encourage the development of a revitalized tourist area in downtown Sanford
WHEREAS, Keep Seminole Beautiful agrees to engage in certain activities that
will enhance the City of Sanford; and
WHEREAS, the CRA has concluded that the investment of public funds in the
Keep Seminole Beautiful -Thunder Run, October 8, 2011 in the amount set forth
herein is in the public interest and the City Commission of the City of Sanford has
Keep Seminole'Beautiful-Thunder Run 2011 Event Grant Agreement 10-5-11 • 1
119
taken budgetary action and concluded that the funding of the CRA for the
purposes set forth herein provides for and accomplishes a public purpose; and
Now, Therefore, in consideration of the terms, provisions and covenants
contained herein, the parties hereto do mutually agree as follows:
Section 1. RECITALS. The foregoing recitals are true and correct and form a
material part of this Agreement upon which the parties have relied.
Section 2. GENERAL PURPOSE. Subject to the terms and conditions hereinafter
set forth in this Agreement, the CRA shall provide funding to the Thunder Run
with Keep Seminole Beautiful providing detailed performance data on its
activities and programs.
Section 3. GENERAL NATURE OF SERVICES TO BE PROVIDED. Keep Seminole
Beautiful -Thunder Run shall accomplish the implementation of Thunder Run,
within the City of Sanford's downtown area by accomplishing the "Thunder Run",
to the satisfaction of the CRA and the City of Sanford.
Section 4. Funding BY THE CRA. The CRA shall provide funding to Keep
Seminole Beautiful in a single payment not to exceed ONE THOUSAND EIGHT
HUNDRED EIGHTY TWO and No 100ths.($1,882.00) which payment will be
made to Keep Seminole Beautiful on a reimbursement basis for Keep Seminole
Beautiful actual operational costs of producing "Thunder Run". Providing invoices
and proofs of payment (which proof may not be cash receipts and may only be
checks written from the Keep Seminole Beautiful account).
Section 6. TERM. The term of this Agreement shall be from October 1, 2011
through November 30, 2011 with total funding not exceeding ONE THOUSAND
EIGHT HUNDRED EIGHTY TWO and No 1 00ths ($1,882.00).
Keep Seminole Beautiful -Thunder Run 2011 Event Grant Agreement 10-5-11 •2
Section 19. EFFECTIVE DATE. This Agreement shall take effect when adopted
by the CRA and Keep Seminole Beautiful and fully executed by their duly
authorized representatives.
Section 20. NONDISCRIMINATION. Keep Seminole Beautiful agrees that it will not
discriminate against any employee or applicant for employment for work under
this Agreement because of race, color, religion, sex, age, national origin or
disability and will take affirmative steps to insure that applicants are employed
and employees are treated during employment without regard to race, color,
religion, sex, age, national origin or disability. This provision shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer;
recruitment advertising; layoff or termination; rates of pay or their forms or
compensation; and selection for training, including apprenticeship. Keep
Seminole Beautiful, moreover, shall comply with all the requirements as imposed
by the Americans with Disability Act, the regulations of the Federal government
issued thereunder, and any and all requirements of State law related thereto.
Section 21. FAILURE To ENFORCE NOT WAIVER OF RIGHT. Failure by the CRA
to enforce any provision contained herein shall not be deemed a waiver of the
right to do so thereafter as to the same breach or as to any breach occurring
prior or subsequent thereto.
Section 22. CONFLICT OF INTEREST. Keep Seminole Beautiful agrees that it
will not engage in any action that would create or cause a conflict of interest in
the performance of its obligations pursuant to this Agreement with the CRA or the
City of Sanford, or which would violate or cause others to violate the provisions of
Part III, Chapter 112, Florida Statutes, relating to ethics in government or create
Keep Seminole Beautiful -Thunder Run 2011 Event Grant Agreement 10-5-11 • 8
or cause a violation of said provisions of law by and officer, employee or agent of
the CRA or the City of Sanford.
Section 23. FURTHER DOCUMENTS. Each of the parties hereto hereby agree
that they will execute and deliver such further instruments and do such further
acts and things as may be necessary or desirable to carry out the purpose of this
Agreement.
SECTION 24. CAPTIONS. Sections and other captions contained in this
Agreement are for reference purposes only and are in no way intended to
describe, interpret, define, or limit the scope, extent or intent of this Agreement,
or any provision hereto.
Section 25. FORCE MAJEURE. The CRA's obligations hereunder shall be
subject to the concept of force majeure. Accordingly, in the event of Acts of God,
riot, weather disturbances, permitting, war, terrorism, civil disobedience, geologic
subsidence, electrical failure, malfunctions, and events of a similar nature, the
CRA shall be excused from providing continual utility service until the cause or
causes thereof have been remedied.
Section 26. INTERPRETATION. The CRA and Keep Seminole Beautiful agree
that all words, terms and conditions contained herein are to be read in concert,
each with the other, and that a provision contained under one (1) heading may
be considered to be equally applicable under another in the interpretation of this
Agreement. This Agreement is the result of a bona fide arms length negotiations
between the CRA and Keep Seminole Beautiful and all parties have contributed
substantially and materially to the preparation of the Agreement. This Agreement
shall not be construed more strictly against either party on the basis of being the
Keep Seminole Beautiful -Thunder Run 2011 Event Grant Agreement 10-5-11 • 9
drafter thereof, and both parties have contributed to the drafting of this
Agreement. All provisions of this Agreement shall be read and applied in para
materia with all other provisions hereof.
Section 27. MODIFICATION. This Agreement may not be amended,
changed, or modified, and material provisions hereunder may not be waived,
except by a written document, of equal dignity herewith, approved by the CRA
and Keep Seminole Beautiful and executed by all parties to this Agreement.
Section 28. COUNTERPARTS. This Agreement may be executed in any
number of counterparts, each of which shall be deemed an original, but all of
which, taken together, shall constitute one (1) and the same document.
Section 29. ENTIRE AGREEMENT: EFFECT ON PRIOR AGREEMENT. This
instrument constitutes the entire agreement between the parties and supersedes
all previous discussions, understandings, and agreements between parties
relating to the subject matter of this Agreement. Amendments to and waivers of
the provisions herein shall be made by the parties in writing by formal
amendment.
Section 30. No GENERAL CITY OBLIGATION. In no event shall any obligation of
the CRA under this Agreement be or constitute a general obligation or
indebtedness of the City of Sanford, a pledge of the ad valorem taxing power of
the City of Sanford or a general obligation or indebtedness of the City of Sanford
within the meaning of the Constitution of the State of Florida or any other
applicable laws, but shall be payable solely from legally available revenues and
funds. Neither Keep Seminole Beautiful, the CRA, nor any other party shall ever
Keep Seminole Beautiful -Thunder Run 2011 Event Grant Agreement 10-5-11 • 10
have the right to compel the exercise of the ad valorem taxing power of the City
of Sanford.
In Witness Whereof, the parties hereto have entered this Agreement and
executed and delivered this instrument on the days and year indicated below and
the signatories below hereby represent that they have full authority to execute
this Agreement and to bind the parties set forth herein.
ATTEST.
By:
Witnis
Printed name
A TTES T. -
By<
Nicholas Mcray
CRA Director
Keep Seminole Beautiful -Thunder
Run
By:
Michael Barr
Registered Agent
Date: / � -
CRA of the City of Sanford, Florida
Maria Shreve
Chairperson
Date: to16.1i
Keep Seminole Beautiful -Thunder Run 2011 Event Grant Agreement 10-5-11 - 11