787-Amended Main St (10/31/01) AMENDED AGREEMENT BETWEEN
S~FO~ M~ S~ET, ~C.
~D
C~ OF S~FO~, FLORA ..
T~S AG~E~NT ~ entered ~to tMs ~ f day of ~ c ~ by ~d ~tween
CITY OF S~FO~, a ~Htic~ ~Mi~ion of~e State of Flo~ whose ad~ess is 300 No~ P~k
Avenue, S~ord, Flod~ 32771, here~er refe~ed to as "CI~," ~d S~O~ M~
ST~ET, ffC. a not-for-pro~ co~ontion org~ed ~der the laws of the State of Florida, whose
colorate ad&ess 209-B West F~st Street, S~ord, Flodd~ 32771, h~e~er refe~ed to as
"S~O~ ~ ST~ET, ~C."
~T~SSETH:
~AS, the CITY ~ds ~t pro~ion of ~ces ~clud~g desi~ econo~c
restscrag, promotio~ gove~ent ~d memOrsVp acti~ties ~e v~d CITY p~o~s ~der the
~ws of~e State of Florida; ~d
~AS, S~O~ ~ ST~ET, ~C. peffo~ such se~ices ~ ~e co~ of its
acti~ties ~d o~ratio~; ~d
~AS, S~FO~ ~ ST~ET, ~C. ~s~t ~ facHi~t~ q~ b~d~g
re~bffitation ~d public ~provements to e~ce the appe~ee of doctor; ~d
~E~AS, S~O~ ~ ST~ET, ~C. ~proves ~e econo~c b~ ofdo~to~
by strenghe~g e~ bus~es~s ~d r~t~g new b~esses ~d filling vac~cies ~th office,
ret~ ~d hous~g ~s; cont~ue to up~te ~d ~t~ b~d~g ~d bus~ess ~vento~; ~d
WHE~AS, S~O~ ~ ST~ET, ~C. e~ce ~e public ~ge of do~to~
t~ou~ speci~ events, ret~ s~es events, ~d effective public re,riot, w~ch ~ ~clude but not
~ed to:, July 4th ~eworh d~p~y.
~AS, ~e CITY des~es to pro~de S~O~ ~ S~ET, ~C. up to SIXTY-
SEVEN THOUS~ ~ NO/100 DOLL~S ($67,000.00), of ~e Do~to~ W~e~ont
~eement bemen the Ci~ of S~ford'a~ Sanford Main SWeet, Inc. 2001-2002
Community Redevelopment Agency, (CRA) fund, to performsuch services for the benefit of citizens
of the City of Sanford.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for
other goods and valuable consideration provided by each party hereto, the parties agree as follows:
Section 1. Recitals. The above recitals are tree and correct and form a material part of the
agreement upon which the parties have relied.
Section 2. Services to be provided by SANFORD MAIN STREET, INC. and nayments
and bills bv the CITY
a. SANFORD MAIN STREET, INC. shall maintain an office open to the public five days a
week in downtown Sanford for the purpose of carrying out its duties under this agreement. The
CITY shall pay the amount of THiRTy FOUR THOUSAND AND NO/100 DOLLARS ($34,000)
for administrative costs to be paid in October 2001.
b. SANFORD MAIN STREET, INC. shall update the 1994 market analysis and inventory
of available space and rents and receive approval of the scope of work and/or consultant contract by
the City Manager. The CITY will pay $10,000 for this study, and funds will be dispersed based on
an agreed upon schedule and deliverables.
e. SANFORD MAIN STREET, INC. shall provide a banner program upon presentation of
the proposed program to the CRA and to the City Commission, and approval by the City
Commission. The CITY will pay up to $3,000 for the implementation and maintenance of the banner
program based on direction and action(s) taken by the City Commission.
d. SANFORD MAIN STREET, INC. shall open, man, and operate a locator center in the
Magnolia Square or at the Old Post Office Building upon presentation of the proposal to the CRA
and to the City Commission, and approval by the City Commission. The CITY will pay up to $5,000
to assist in the operation of a locator center, and funds will be dispersed based on an agreed upon
schedule and deliverables.
Agreement between the City of Sanford and Sanford Main Street, Inc. 2001-2002 Page -2-
e. SANFORD MAIN STREET, INC. shall administer a facade program. The CITY will pay
up to $15,000 for the implementation of the program with the following conditions:
· Grants not to exceed $2,500 with applicants providing at least a 50% match
· Ensure that all owners receive all applicable permits from the City prior to award and
beginning work
· Provide a comprehensive status report of the grant program to the CRA on a monthly
basis to include how the program is advertised, grant applications received, grant
projects completed, grants awarded, progress reports on grants, and photos where
applicable.
f. SANFORD MAIN STREET, INC. shall provide quarterly and annual status reports
detailing activities relating to services to be provided, for review by the City Commission of the City
of Sanford.
Section 3. Term. The term of this agreement shall be titore October 1, 2001, to September
30, 2002, notwithstanding the date the parties signed this Agreement.
Seaion 4. Assignment. SANFORD MAIN STREET, INC. shall not assign any right
or duties under this Agreement to any other party without written permission of the CITY. If
SANFORD MAIN STREET, INC. attempts to assign any rights or duties without prior written
permission of the CITY, this Agreement may be declared void by the CITY and SANFORD MAIN
STREET, INC. thereupon agrees to remit to the CITY all payments made pursuant to this Agreement
for the entire term of the Agreement.
Section 5. Indemnification. SANFORD MAIN STREET, INC. agrees to indenmify and hold
harmless the CITY tiom and against any and all liability, claims, demands, damages, expenses, fees,
fines, penalties, suits, proceedings, actions and costs of action including, but not limited to, attorneys'
fees, of any kind and nature, arising or growing out of or in any way connected with the performance
Agreement between the Cit~ of Sanford and Sanford Main Sweet, Inc. 2001-2002 Page -3-
ofthis Agreement by SANFORD MAIN STREET, INC. or became of or due to the existence ofthis
Agreement itself..
Seaion 6. Records and Reports.
a. S ANFORD MAIN STREET, INC. shall keep orderly and complete records of its accounts
and operations and shall open these records to inspection and audit by the authorized CITY personnel
at reasonable hours during the entire term of this Agreement, or, if audit findings have not been
resolved at the end of three (3) years, the records shall be retained until resolution of the audit
findings. Any person duly authorized by the CITY shall have full access to and the right to examine
any of said records during said period. Project files are confidential and not available for inspection
to the extent permitted by State law.
b. SANFORD MAIN STREET, INC. agrees to maintain its not-for-profit corporate
status, the CITY reserves the right to terminate this Agreement immediately and SANFORD MAIN
STREET, INC. thereupon agrees to remit to the CITY all payments made pursuant to this
Agreement.
e. SANFORD MAIN STREET, INC. shall permit the CITY to monitor the services to be
provided hereunder. SANFORD MAIN STREET, INC. shall, to assist monitoring of its program,
provide to the CITY such information, as the CITY may deem necessary.
Section 7. Civil Ri~_.hts.
a. SANFORD MAIN STREET, INC. will not discriminate against any employee or person
on account of race, color, sex, religious background, ancestry, marital stares, disability or national
origin in the performance of this Agreement.
b. It is expressly understood that, upon receipt of evidence of such discrimination,
the CITY shall have the right to terminate this Agreement for breach and SANFORD MAIN
STREET, INC., thereupon agrees to remit to the CITY all payments made pursuant to this
Agreement.
Agreement between the CitV of Sanford and Sanford Main SireeL Inc. 200 l -2002 Page -4-
Section 8. Alteration, variation, etc., Reduce to Writing. Any alterations, variations,
modifications, or waivers of provisions of this Agreement shall only be valid when they have been
reduced to writing, duly signed and attached to the original of this Agreement ff revision of any
applicable laws or regulations make changes in this Agreement necessary.
Section 9. Notice. Whenever either party desires to give notice unto the other, notice may
be sent to:
CITY OF SANFORD: SANFORD MAIN STREET, INC.
Anthony M. VanDetworp, A][CP Bob Kulm, President
City Manager P.O. Box 1741
P.O. Box 1788 Sanford, FL 32772-1741
Sanford, FL 32772 - 1778
Section 10. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or to bind any of the parties hereto.
Section 11. Compliance with Laws and Regulations. SANFORD MA1N
STREET, INC. shah obtain and possess throughout the term of this Agreement all licenses and
permits applicable to its operations under Federal, State and local laws and shall comply with all fire,
health, and other applicable regulatory codes.
Section 12 Governing Law~ Severability. This Agreement shall be construed in accordance
with the laws of the State of Florida. It is agreed by and between the parties that if any covenant,
condition or provision contained in this Agreement is held to be invalid by any court of competent
jurisdiction, such invalidity shah not affect the validity of any other covenants, conditions, or
provisions herein contained to the extent the CITY derives anticipated benefits from this Agreement.
Section 13 Failure to Enforce Not Waiver of Right. Failure by CITY 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.
A~reement between the CitF of Sanford and Sanford Main Stree~ Inc. 2001-2002 Page
Section 14 Conflict of Interest.
a. SANFORD MAIN STREET, INC. agrees that it wilt not engage in any action that would
create a conflict of interest in the performance of its obligations pursuant to this Agreement with the
CITY or which would violate or cause others to viohte the provisions of Part III, Chapter 112,
Florida Statutes, relating to ethics in government.
b. SANFORD MAIN STREET, INC. hereby certifies that no o~cer, agent or employee of
the CITY has any material interest (as defined in Section 112.312(15), Florida Statutes, as over 5%)
either directly or indirectly, in the business of SANFORD MAIN STREET, INC. to be conducted
here, and that no such person shall have any such interest at any time during the term of this
Agreement.
e. Pursuant to Section216.347, Florida Statutes, SANFORD MAIN STREET, INC. hereby
agrees that monies received fi'om the CITY pursuant to this Agreement will not be used for the
purpose of lobbying the Legislature or any other State or Federal Agency.
Ay~reement between the Cit~ of Sanford and Sanford Main Sweet, Inc. 2001~2002 Page ..6-
1N WITNESS WHEREOF, the parties hereto have made and executed this Agreement for
the purposes stated herein.
STATE OF Florida}
COUNTY OF Seminole}
IHEREBY CERTIFY that on this c~/~r day of /~er~-, 2001before me, an officer duly
authorized in the State and Coanty aforesaid to take acknowledgments, personally appeared Bob
Kuhn and Alec Then, a President and Vice President, respectively, of SANFORD MAIN STREET,
INC. a non-for-profit corporation organized under the laws of the State of Florida, who are
personallyknowntomeorwhohawp~udu~,~d .
as identification. They acknowledged before me that they executed the foregoing instntment as such
officerinthenameandonbehalfofthecorporati that they also affixed t reto the official seal
of the corporation. ' '~ YCE I. RIGGINS
p . FIo 'da
Aforemen iv.._]. I.i~ Ovz~ux,i~ston expxres:
ATTEST . -_ SANFORD MAIN STREET, INC.
By.~. · By:
Janet R. Dougherty, CMC Anthony VanDerworp
City Clerk City Manager
For the use and reliance of the City of Sanford As authoirized for execution bythe City Commission of
onl~~orm~ the City of Sanford at its July 23, 2001 regular meeting
William L. Colbert
City Attorney
Agreement between the City of Sanford and Sanford Main Street, Inc. 2001-2002 Page -7-
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement for
the purposes stated herein.
ATTEST SANFORD MAIN STREET, INC.
A1 Bob Kuhn
Vice President President
Date:
Agreement between the Cii~ of Sanford and Sanford Main Sweet, Inc. 2001-2002 Page