2544 Extension to and Restatement of Seminole Cult. Art) C.O.S. Leasec96 A/
EXTENSION TO AND RESTATEMENT OF SEMINOLE CULTURAL ART
COUNCIL, INC./CITY OF SANFORD LEASE
(230 EAST FIRST STREET/SANFORD INFORMATION CENTER)
THIS EXTENSION TO AND RESTATEMENT OF SEMINOLE CULTURAL ART
COUNCIL, INC, INC./CITY OF SANFORD LEASE (hereinafter "Extension" for the sake
of simplicity) is entered into on this rNay of nuc_ , 2024, nunc pro tunc to the
termination date of the Lease existing as to the Premises described below, between the
Seminole Cultural Arts Council, Inc. (the "SCAC"), 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 "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 the SCAC 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
ITNESSETH:
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 the SCAC and the
SCAC 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.
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SECTION 2. TERM/RETURN OF PREMISES. This Extension shall be for a term
expiring on December 31, 2025; 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, the SCAC 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 the SCAC shall have the right at any
time during said term, or any renewal or extension hereof to remove the SCAC's 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 the SCAC.
SECTION 3. RENTIANNUAL REPORT.
(a). The SCAC shall pay to the City during the term of this Extension, an annual
rent in the amount of $1.00 in advance, without demand, reduction or set-off (the "Rent").
(b). The SCAC shall also provide compensation to the City by timely providing
an annual report to the City by October 1, 2024, and on the same date for any subsequent
years, which annual report may be the provision of the prior year income tax return if
approved by the City's City Manager. Such report shall be in a form and containing
content that is acceptable to the City. Failure to provide an annual report in a timely
manner shall constitute immediate cause to terminate this Extension. Additionally, in the
sole discretion of the City, the City may require that the SCAC provide the City with such
reports and audits as the City may require in its sole discretion. Additionally, the SCAC
shall provide to the City an annual performance and activity report and a certified financial
report. The submission of all Federal and State tax returns may be substituted for the
certified financial report if approved by the City's City Manager. Failure to provide such
documents as may be required shall constitute a breach of this Extension.
SECTION 4. USEXONDITIONS OF USE.
(a). The SCAC shall use and occupy the Premises only, solely and strictly for
the uses relating to the SCAC's "Statement of Public Purpose" and the SCAC's
organization purposes as have been made known to the Landlord. by the SCAC The
Sanford Information Center will be open Monday through Thursday from 10 AM to 5 PM,
Friday and Saturday from 10 AM to 8 PM and Sunday from Noon to 5 PM. The SCAC
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. The SCAC shall provide
all of its own office equipment, furniture and furnishings and shall insure such equipment,
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furniture and furnishings, as it deems desirable, but, in no event, shall make a claim
against the Landlord for any losses. The SCAC shall not perform any acts on the
Premises that would generate noxious odors or annoying noises. The SCAC 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 the SCAC. The
SCAC may authorize the use of the property by others for meetings, or events, of like
nature which authorization must be requested at least 5 business days prior to the event
and the City Manager, or designee, shall be notified of each request, the nature of the
request and the decision on each request and shall have the right to comment on the
decision. The SCAC shall use and occupy the Space Allocation as shown on the Exhibit
only, solely and strictly for the uses relating to the SCAC's statement of purpose and the
SCAC's organization purposes as have been made known to the City by the SCAC which
include the mission of to advance the arts in Sanford and Seminole County, community -
focused, and relationship -driven by specifically working to improve an environment that
fosters healthy families and vital communities.
(b). The SCAC 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. The
SCAC 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 City for any losses. The SCAC shall not perform any acts
on the Premises that would generate noxious odors or annoying noises. The SCAC
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 the SCAC.
SECTION 5. HAZARDOUS SUBSTANCES/WASTE. The SCAC 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 the SCAC violate this provision, then the SCAC 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. The SCAC 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. The SCAC 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. The SCAC 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, the SCAC shall hold the Premises free
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from disturbance. The SCAC 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 SCAC
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
SCAC.
SECTION 7. REDELIVERY. The SCAC covenants that at the termination of this
Extension, whether by expiration, default or otherwise, the SCAC 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 the
SCAC and may be disposed of as the City deems fit at the SCAC's 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. The SCAC acknowledges that the City has made no
representation or warranty that the Premises are fit for the SCAC's intended use. The
SCAC has inspected the Premises, and the SCAC 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 the SCAC to
evaluate any and all such matters.
SECTION 9. INDEMNIFICATION/LIABILITY/LOSS. The City is protected by
sovereign immunity. The SCAC 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 the SCAC's 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 the SCAC shall reimburse the City for all
attorney's fees, costs and expenses incurred by the City in connection with the claim or
action. The SCAC 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. The
SCAC shall adhere to any and all reasonable insurance requirements of the City.
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SECTION 10. NO ASSIGNMENT WITHOUT CONSENT. The SCAC shall not assign
this Extension or any of the SCAC's 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 the SCAC: (a) if any Rent due hereunder is not paid when
due; or (b) if the Premises are abandoned by the SCAC 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 the SCAC 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 the SCAC from the
City, or if such default cannot be completely cured in such time, if the SCAC 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, the SCAC shall
remain liable for damages to the maximum extent provided herein or permitted by law.
Additionally, with 90 days prior written notice to the SCAC, 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, the SCAC shall promptly surrender possession of the
Premises to the City and neither the City nor the SCAC shall have any remaining
obligations hereunder, except any obligations owed by the SCAC that accrued before the
casualty, which obligations the SCAC shall forthwith settle. The City shall not be liable for
any damages, inconvenience, or annoyance to the SCAC 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 the SCAC's negligence or other action, or the negligence or other action of the SCAC's
agents, employees or invitees results in damage or destruction to the Premises, then
notwithstanding any other provision of this Extension, the SCAC 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 the SCAC. The City shall
not be liable for any damage to person or to property occurring on the Premises or related
to the SCAC's use thereof including, but not limited to, damages arising from the bursting
or leaking of water pipes.
SECTION 14. ALTERATIONS. The SCAC 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
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for in full by the SCAC; (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 twice a week with an
additional cleaning once a month when necessary for the "Alive After Five" event. The
Landlord will be responsible for structural repairs or replacements, including the roof and
HVAC system (including replacing HVAC system filters), when not resulting from the
actions of the SCAC. The Landlord shall be responsible for the cost of utilities including
water, sewer, telephone, internet, electric and solid waste as well as base charges
relating thereto. The SCAC, at its expense, shall maintain in a good and safe condition
the interior of all buildings and structures hereafter placed on the Premises and shall be
responsible for routine repairs and maintenance including replacing lightbulbs. The
premises shall at all times be clean and painted so as to present an attractive appearance,
all at the sole cost and expense of the SCAC. The SCAC 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.
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. The SCAC agrees to keep the Premises free and clear of any
lien or encumbrance of any kind whatsoever created by SCAC's acts or omissions and
the SCAC 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 the SCAC's negligent act or omission. Except as specifically provided otherwise herein,
the SCAC shall have 5 days after receiving notice of any such lien or encumbrance to
have such removed. If the SCAC fails to have such removed within that time, the SCAC
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
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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 the SCAC:
Donna L. Bundy
230 East First 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
the SCAC 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
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of this Extension nor in any way effect the substance of this Extension.
SECTION 23. APPLICABLE LAW/VENUE.
(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, the SCAC
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/THE SCAC HAS QUESTIONS
REGARDING APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S (THE SCAC'S) 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, the SCAC 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 the SCAC
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
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must be provided to the City in a format that is compatible with the
information technology systems of the City.
(iii). If the SCAC does not comply with a public records request, the
City shall enforce the contract provisions in accordance with this
Extension.
(iv). Failure by the SCAC to grant such public access and comply with
public records requests shall be grounds for immediate unilateral
cancellation of this Extension by the City. The SCAC shall promptly
provide the City with a copy of any request to inspect or copy public
records in possession of the SCAC and shall promptly provide the City
with a copy of the SCAC's response to each such request.
SECTION 24. SURVIVABILITY. The parties agree that all of the SCAC's
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 the SCAC 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 the SCAC 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 the SCAC under this Extension shall terminate upon such
conveyance or disposal and the giving of written notice thereof to the SCAC.
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 the SCAC 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
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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:
Attest/Witnesses:
Anth ny mendia, President
sie Foranoce, Secretary
Steve Nelson, Treasurer
SCAC/ SEMINOLE CULTURAL ARTS
COUNCIL, INC.
ByA�_
Donna L. Bundy.,
Date: 41,:, A7(f
ACKNOWLEDGMENT
This instrument was sworn to and subscribed before me by means of ❑ physical
presence or ❑ online notarization, this A� day of ��/i�td 4c 2024, by Donna Bundy,
Anthony Aramendia, Josie Foranoce, and Steve Nelson. They'-re�'personally on wn>
to me or [_I produced T%g as identification.
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EXPIRES: June 24, 2046
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(Signature of Notary Public)
Print Name: �/,,�%�
Notary Public, State of Florida
Commission No.: H8 116yW
My Commission Expires: 6-- �2�
Attest.-
Traci
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Traci Houchin, MMC, FCRM
City Clerk ,
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SA�NFORD -
FLORIDA C
Item No.
CITY COMMISSION MEMORANDUM 24r072.0
MARCH 1 1, 2024 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 Manage
SUBJECT: Facility Lease Agreement Extension and Rest t; Seminole Cultural
Art Council, Inc.; 230 East First Street
or
formation Center)
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Approval of a nunc pro tunc extension and restatement of the facility lease agreement for the City
owned property located at 230 East First Street (Sanford Information Center) between the
Seminole Cultural Art Council, Inc. (SCAC) and the City if Sanford (City) has been prepared.
F'ISCALISTAFFING 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 bill cost is $12,881 per
year.
BACKGROUND:
The mission of the SCAC is to be a catalyst for the preservation of local cultural and historic
heritage, including performing, literary, visual arts and sciences while serving to sustain, develop
and advance the cultural life of Seminole County.
This facility lease agreement expired in 2020. The proposed extension and restatement agreement
will expire on December 31, 2025; however, the agreement can be extended for additional one-
year terms if both parties agree. An annual performance and financial report from the SCAC 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 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 tune extension and
restatement to the facility lease agreement between the SCAC and the City.
SUGGESTED MOTION:
"I move to ratify and approve the nunc pro tune extension and restatement, as proposed."
Attachment: Extension to and Restatement of Lease Agreement between the City and the SCAC.