TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: Termination of the April 13, 2009 Lease Agreement with the YMCA for the Modular Building at Dallas White Park
Recommended Action
Authorize the City Attorney to send a notice of cancellation to the Sky Family YMCA terminating the April 13, 2009 Lease Agreement for the modular building at Dallas White Park.
Background Information
During a Regular Commission meeting on April 13, 2009, the City Commission approved a Lease Agreement with the Charlotte County Family YMCA. This agreement permitted the Charlotte County Family YMCA to place a modular building near the Al Goll Building to support additional child care services or other YMCA programs.
On July 13, 2017 the City Commission approved an Assignment, Assumption and Amendment transferring all obligations and responsibilities of the Charlotte County Family YMCA under contract No. 2010-505 Facilities Management Agreement to Sky Family YMCA (YMCA).
The modular building has since fallen into disrepair, is no longer used by the YMCA and the YMCA has contracted a vendor to demolish the building. The City Attorney has reviewed the April 13, 2009 agreement and has opined that section 2. "Term" requires written notice to effectively terminate the agreement. The agreement does not provide authority for the City Manager to terminate via written notice, therefore staff requests City Commission's approval for the City Attorney to send a written notice of termination to the YMCA for the modular unit lease agreement. This termination letter will not impact the 2010-505 agreement and the YMCA will continue to operate child care services at the Al Goll center per the terms of that agreement.
Additionally, the section named "Restoration of the Premises Upon Termination" (inaccurately listed as item 3) within the April 13, 2009 agreement requires that the YMCA restore the premises to its original condition fo...
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