HomeMy WebLinkAbout027-Mayfair Tennis Club Agrmnt, _ w
CLEVELAND & MIZE
ATTORNEYS AND COUNSELORS AT LAW
Plco eou Dmc
2C9 NORTH OAK AVENVE
P O VRAWER E
MACK N, CLEVELAND, JPL FLORIDA 32771
C. VERNON MIZE, JR. SANFOROr
TELEPHONE 322 -I3I♦
JACK T, BRIDGES
September 15, 1975
Mr. William Knowles
City Manager
City of Sanford, Florida
Re: City of Sanford - John Whelchel
Tennis Club Agreement
Dear Pete
Enclosed is the original Agreement executed by the City
and John Whelchel together with a copy of the proposed Lease between
Mr. Whelchel and Mayfair Country Club of Sanford, Inc. As you know,
the Agreement is contingent upon John securing the execution of the
Lease. I have requested Ned Julian, Mr. Whelchel's attorney, to furnish
me a, copy of the Lease when it has been executed.
With kind personal regards, I am
Very truly yours,
C. Vernon Mize, Jr.
CVMjr /glh
Enclosures
A GREEME NT
THIS AGREEMENT, made this
day of
and between JOHN WHELCHEL, hereinafter identified as
A.D. 1975, by
Club, and City of Sanford, Florida, a municipal corporation, here-
inafter identified as City;
W I T N E S S E T H:
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1 191
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WHEREAS, City of Sanford, Florida, is lessor and Mayfair
Country Club of Sanford, Inc, is lessee pursuant to the terms and
conditions of that certain Lease dated October 11, 1949, and
entered into, by and between the City of Sanford, Florida, a
municipal corporation, and Hugh C. Whelchel and J. A. Ponder, as
modified by agreement dated November 5, 1965; and,
WHEREAS, Mayfair Country Club of Sanford, Inc. is
desirous of sub - leasing a portion of the real property leased by
it from the City of Sanford, Florida, under the terms and condi-
tions of the afore - identified Lease, as amended, to John Whelchel
for the purpose Of establishment and operation of a Tennis and
Swim Club; and,
WHEREAS, pursuant to the terms and conditions of the
Lease, as afore - identified, the City of Sanford, Florida, must
consent to any sub -lease of any portion of the real property
Leased from the City of Sanford, Florida, a municipal corporation,
)y Mayfair Country Club of Sanford, Inc.; and,
WHEREAS, John Whelchel seeks the approval and /or consent)
�f the City of Sanford, Florida, for sub - lease of real property
escribed as:
Out Lot No. 1, less the North 230 feet,
LOCH ARBOR, Country Club Entrance Section,
Plat Book 5, Page 72, of the Public Records
of Seminole County, Florida,
rom Mayfair Country Club of Sanford, Inc.
NOW, THEREFORE, be it agreed by and between Club and
_ty as follows:
1 ) That in consideration for the consent and approval
on the part of City of a certain lease between Mayfair Country
Club of Sanford, Inc. and Club, a copy of same being attached
hereto and made a part hereof for all purposes, Club agrees to pay
to City on an annual basis, a sum equal to two and one -half
(2 1/2 %) per cent of all gross revenues derived by Club from the
operation of a Tennis and Swim Club on the subject real property
for a period of five (5) years, commencing with the first (1st)
day of lease between Club and Mayfair Country Club of Sanford, Inc.
and five (5 %) per cent of said gross revenues for a period
Florida, and all other govenmenta un1La 11lC iuuz „c',
to Seminole County, Florida, assessed and levied on the afore-
described parcel of property.
Further, it is hereby covenanted by the Club that
the Club will be a separate entity from the Mayfair Country Club
of Sanford, Inc. and the relationship between the two (2) shall
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be lessee and lessor only.
Further, Club hereby agrees to make its books
to inspection by City upon open
request for the purpose of verification
Of income and annual audit.
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Further, Club agrees that no sums due it will be
collected by Mayfair Country Club of Sanford, Inc. and no sums
due Mayfair Country Club of Sanford, Inc, will be collected by
Club.
2 • This agreement shall be for a period of thirty (30)
years and six (6) months, commencing September 1, 1975. Further,
that all sums due to City from Club shall be paid on a calendar
quarter basis with the first payment to be due upon the termina-
tion of the four quarter of the year 1975, to -wit: December 31,
1975, and all sums thereafter due to be paid on the last date of
each calendar quarter thereafter. Further, said sums shall be
delinquent upon the thirtieth (30th) day subsequent to the termin-
ation of each quarter for which a payment is due, and the sum due
shall bear interest after the delinquency date at the rate of
one -half (1/2 %) per cent per month or six (6 %) per cent per annum,
compounded monthly, commencing with the day of delinquency and
terminating upon the day of payment.
3. Club agrees that all construction shall be in
compliance with the applicable building and health codes and that
=he property will be maintained in good repair at all times and
Till not be allowed to fall into a state of disrepair so as to
;ecome both a private or public nuisance.
4 . Club agrees to maintain such public liability
nsurance as is necessary to adequately protect the general public
rom injury and to hold the City harmless for any loss arising out
E the operation of facilities of Club and negligent acts of
jents, servants and employees of the Club and such other acts
agents, servants or employees of Club committed within the
ope of employment and at direction of Club.
5. Club agrees to procure execution of a lease with I
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Mayfair Country Club of Sanford, Inc. within six (6) months of the
date of this agreement.
6. Club agrees to commence construction of facilities
within six (6) months of the date of this agreement.
7. It is agreed and understood by and between the
parties to this agreement that Club intends to incorporate the
Tennis and Swim Club to be operated on the subject property and
I hat the benefits and obligations of this agreement shall inure
to such corporation.
B. That City by the execution of this agreement shall
approve the lease as to form and content between Club and Mayfair
Country Club of Sanford, Inc., a copy of same being attached
hereto.
9 • It is clearly understood by and between the parties
to this agreement that this agreement may not be assigned by
Club to any third party and that if and in the event Club shall
terminate its lease with Mayfair Country Club of Sanford, Inc.
at any time prior to the natural date of termination of said
lease, then and in that event, this agreement shall be void, save
and except, that if and in the event early termination shall occur
Pursuant to the provisions of paragraph 4. of Club's lease with
Mayfair Country Club of Sanford
Inc., a copy of same being
attached hereto, then and in that event, this agreement may be
assigned in the same fashion as the lease between Mayfair Country
i
Club of Sanford, Inc. and the
City of Sanford as same has and may
be amended and s upplemented, may be assigned. Further, it is
clearly understood by and between the
will Club expect Cit will that in no event
y to reimburse it for the value of a
improvements placed on the herein above - described real property,
save and except as may be required pursuant to the provisions of
Paragraph 4. of Club's lease with Mayfair Country Club of Sanford,
Inc.
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DATED this `�
4 day of 5�1� %EM " ?�� A.D. 1975.
CITY OF SANFOR?, FLORIDA
(Corporate Seal) y 1
By:
Mayor
ATTEST:
City! C t
s s
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day personally appeared
the � u - ndersigned authority u_u_
me, + y h��
and �{ N /i4MM k
before the Mayor and City Cler
,
respectively, of the City of ersons who lexeauted thelforegoiogpora
tion, to me known to be the p
instrument as such officers and they severally acknowledged the
execution thereof to be their free act and deed as s officers
such
for the uses and purposes therein mentioned, and that they affixed
thereto the official seal of said corporation, and that the said
instrument is the act and deed of said corporation.
WITNESS my hand and official seal at Sanford,
County,
Florida, thi day of G�^ , - -'
JMy Commission Expires: /J /7J
�I Notary Public,, Sta e. f o.r.i.3a
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the state and aforesaid
mtowtakekackno -
ledgments, personally app instrument
known to me to be the person described in the foregoing
l and he acknowledged executed the same freely and voluntarily for
the purposes therein expressed.
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C
WITNESS my hand and officia seal at Sanford, Seminole
aun Florida, this
$ day of vl.. - -'
Commission Expires:
Notary Public, State of Florida at Large a e of Florida
My Commission Expires July 9, 1977 terry Public,
n•
L E A S E
THIS LEASE, Made this day of
�. D. 1975, by and between MAYFAIR COUNTRY CLUB OF SANFORD, INC.,
ierein called the lessor, and JOHN WHELCHEL, herein called the
.essee;
W I T N E S S E T H:
That in consideration of the covenants herein contained,
on the part of the said lessee to be kept and performed, the said
lessor does hereby lease to the said lessee, the following des-
cribed real property, to -wit:
Out Lot No. 1, less the North 230 feet,
LOCH ARBOR, Country Club Entrance Section,
plat Book 5, Page 72, of the Public Records
of Seminole County, Florida.
To have and to hold the same for the term of thirty (30)
years from the _ day of
A.D. 1975, the
said lessee paying therefor the total rent of Three Hundred And
N01100 Dollars ($300.00) at the rate of Ten And N01100 Dollars
(($10.00) per annum, with the first payment due and payable on
1975, and all subsequent payments being
ldue on the
the said term.
1.
day of of each year thereafter, for
Lessee hereby covenants that the leased property is
to be used for the construction and operation of a Tennis and Swim
Club.
2. Lessee hereby acknowledges that this Lease is
subject to the terms and conditions of that certain Lease dated
October 11, 1949, and entered into, by and between the City of
Sanford, Florida, a municipal corporation, and Hugh C. Whelchel
and J. A. Ponder, as said Lease was modified by Modification and
Consent Agreement, dated November 5, 1965, and entered into, by
and between the City of Sanford, Florida, and David M. Whelchel,
and as said lease has further been amended and may be further
amended from time to time by the City of Sanford, Florida, and
lessor and /or lessor's assigns or corporate successors.
3. It is agreed by and between lessee and lessor that
all title to permanent improvements placed upon the leased
premises by lessee shall vest in lessor upon expiration of this
Lease. Further provided, however, that upon the expiration of
this Lease, lessee may remove from said premises all trade
fixtures and improvements which may be removed from or detached
from the leased premises without doing substantial damage to the
leased premises.
4. It is agreed by and between lessee and lessor that
if and in the event lessor shall sell its rights pursuant to any
lease or agreement which lessor may have now or in the future
with the City of Sanford, Florida, a municipal corporation, that
lessor or lessor's successor in title, at its option, may purchas
all of lessee's improvements and lessee's lease for a fair ma
value to be determined at the time of the exercise of option by
lessor or lessor's successor in title by an M.I.A. appraisal.
Further, provided, that if and in the event lessor or lessor's
successor in title desires to exercise its option, notice of
intent to exercise option must be given to lessee in writing at
lessee's designated address not _Less than sixty (60) days from
any closing between lessor and lessor's proposed successor in
title. Further, that if and in the event the anticipated closing
does not occur and, in fact, a prospective sale of lessor's
interest to a third party is, in fact, not consumated, then and
in that event, lessor or lessor's successor in title or prospec-
tive successor in title shall have no rights under this option.
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Further provided, however, that a failure to exercise option by
- consumation of a sale between lessor and a third
reason of non
party shall not extinguish this right of option.
5. That lessee will pay all taxes, fees, charges, and
premises by the State of
assessments levied against the leased
Florida, the County of Seminole, the City of Sanford, and any
other governmental agency.
6. That lessee shall have the right to freely assign
this lease at any time to any corporation, partnership, limited
any other business entity
partnership, sole proprietorship, or
wherein lessee is a partner, the sole proprietor, a stockholder
or holds any other interest and wherein said business entity is
created for the purpose o f construction and operation of a Tennis
and Swim Club upon the leased property. Said assignment shall be
subject to approval of lessor, which will not be unreasonably
I withheld.
7, The lessee will make no use of the leased premises
which is contrary to the law and inconsistent with the proposed
use of said leased property as hereinabove stated.
WITNESS our hands and seals this day of
A.D. 1975.
MAYFAIR COUNTRY CLUB OF
SANFORD, INC.
(Corporate Seal)
By:_
President
ATTEST:
Secretary
JOHN WHELCHEL
Witnesses as to lessee
STATE OF FLORIDA
COUNTY OF SEMINOLE
7
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared
w; to me to be the President and Secretary, respectively,
of the corporation named as lessor in the foregoing Lease, and
that they severally acknowledged executing the same freely and
voluntarily under authority duly vested in them by said corpora-
tion and that the seal affixed thereto is the true corporate seal
of said corporation.
WITNESS my hand and official seal in the County and
State last aforesaid, this day of , A.D.
1975.
Notary Public, State of Florida
My commission Expires:
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an office
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared JOHN WHELCHEL, to me well
known and known to me to be the person described in the foregoing
Lease'as lessee, and he acknowledged executing the same freely
and voluntarily for the purposes therein expressed.
WITNESS my hand and official seal in the County and
State last aforesaid, this day of _ A.D.
1975.
Notary Public, State of Florida
My Commission Expires:
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