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Home My WebLink About027 Mayfair Golf Course Personal Property removal Personal Property Removal Agreement This Agreement("Agreement")is made and entered into this day of September, 2007, by and between Seminole Club,Inc.,and Alice Daniels,individually(collectively,"SC1")and Maece Taylor, Inc., "MAECE". WHEREAS, the parties contemplate the termination of all lease agreements currently in force between Seminole Club, Inc. and the City of Sanford, related to the golf course known as Mayfair Golf Course,located in Sanford,Florida,(the"Seminole Club Lease");and WHEREAS,the parties further contemplate the execution of a new lease agreement between the City of Sanford and MAECE(the"Maece Lease")concurrently with the termination of the Seminole Club Lease(the"Transfer Date");and WHEREAS,Representatives of SCI and MAECE have inspected the Mayfair Golf Course premises, including the grounds and buildings(hereinafter,the"Premises")in the presence of one another and have agreed as to the disposition of certain tangible personal property currently existing on the Premises. It is hereby Agreed that: 1. Except as specifically identified below, and except such inventory and supplies as are sold, used,or consumed in the ordinary course of business prior to the Transfer Date,all personal tangible property existing on or at the Premises at the time of the execution of this Agreement, including without limitation, all furnishings, decorations, fixtures, equipment, supplies, and inventory(collectively,"tangible property"),will remain at the Premises through the Transfer Date,and neither Seminole Club,Inc.,nor Alice Daniels,individually,shall thereafter have or claim any right or interest therein. 2_ The parties agree that the following enumerated items are and, upon the Transfer Date shall remain,the personal property of SCI,and shall be removed from the premises by SCI within 10(ten) days after the Transfer Date,unless otherwise specified herein; VEHICLES A.. 2004 Chevy Avalanche truck; B. International 30-ft box/panel truck with sleeper cab_ The parties agree that SCI may keep and store this vehicle at the Premises through December 31, 2007, unless and until ordered by the City,County,or other municipality to remove it prior to that date. Upon timely notification to SC1 of any such notice or order, SCI will be responsible for the removal of the truck within the time required by said order, and will be responsible for any fines, fees, or expenses incurred by MAECE due to any such notice or order,or due to SCI's failure to comply with the notice or order. The parties agree that SC1 shall release and hold harmless MAECE for any loss or damage occurring to the vehicle or its contents while on the Premises; C. 1983 Ford Mustang. The parties have agreed that SCI may keep and store this vehicle under the same terms as indicated in Paragraph B,above; CLUBHOUSE D. The entire contents of the attic/storage space above the clubhouse, including without limitation,hotel-surplus furniture and fixtures; E. All photographs of former Seminole Club, Inc., president, Jack Daniels on display within the clubhouse, except that 24 x 36-inch framed portrait of Jack Daniels identified in the Memorandum Of Agreement dated September 13,2007; F. One photo of Mike Galloway and one photo of Bruce McGill; G. One Sanyo,32-inch flat-panel television set currently in possession of SCI; H. One wooden whale statue and one wooden dolphin statue; I. Two Bose 601 concert speakers; KITCHEN/PANTRY J. One turkey fryer,including one pot,lid,and strainer, K. One set of six Burkhoff knives; L. One hand-portable`banjo' food slicer; M. One Berkel counter-top food slicer(inoperable); N. One HP Pavilion computer; O. One black plastic case containing Bose public address system; P. One set of 36 clear glass dinner plates; OFFICE Q. Two sets of golf clubs and bags, owned by Christie Daniels and Alice Daniels, respectively; R. One brass ship's helm; CART BARN S. One Marvair Excelpac wall unit air conditioner,in packaging; EQUIPMENT/MAINTENANCE BUILDINGS T. One 350 Chevy Corvette engine and transmission; U. Two pallets of heavy-gauge wire(16 x 1000-yard spools); 2 V. Two brass lightichandelier fixtures; GREEN STORAGE BUILDING,EAST OF CLUBHOUSE W. Two computer box units; X. One fuel tank and burner for turkey fryer Y. Three RAB-Floodzilla floodlights,in original packaging Z. Four metal speaker mounting brackets 3. Approximately 25 cases of bottled liquor in inventory at the Premises as of September 24, 2007 will be delivered back to the Premises,or other location per the direction of MAECE on or before the Transfer Date. 4. SCI has initiated a claim to its insurer regarding the fire damage to the women's locker facilities,and acknowledges that MAECE is entitled to all proceeds from said insurance claim. SCI will cooperate and execute all documents necessary to ensure that those insurance proceeds will be assigned or delivered to MAECE,or at MAECE's direction. 5.. The parties anticipate that the effective time of the transfer of responsibility for the premises will be 5:00 pm on the Transfer Date;in the event that SCI incurs expenses or collects receipts related to the operation of the Premises after the execution of the termination of lease between SCI and the City of Sanford, MAECE agrees to reimburse SCI for said expenses, and SCI agrees to deliver to MAECE any such receipts. 6. SCI will assist and cooperate in the transition of operation of the Premises from SCI to MAECE, including the possible transfer of occupational, operational, or liquor licenses, as appropriate,but is not obligated to incur any additional expenses in assisting in the transition, and makes no representations or warranty as to the transferability of such licenses or the ability of MAECE to obtain such licenses. 7. SCI shall be entitled to retain ownership of such books and records of SCI as are not required by MAECE for the continued operation of the golf course following the Transfer Date. For such records as are delivered to the possession and control of MAECE,MAECE shall provide SCI and its representatives full access,during normal business hours or at such other time as is agreed to by the parties,to those books and records kept by SCI solely with respect to periods prior to the Transfer Date to the extent necessary in connection with any reasonable business or tax purpose of SCI,or as otherwise necessary for SCI to defend or prosecute legal actions. MAECE shall allow SCI to have access to (and make copies of)such books and records that are related to any tax-related proceeding or that are necessary for SCI to evaluate,contest or cooperate in such tax-related proceeding.. 8. The parties intend that the Ford 650 dump truck located at the Premises will remain on the Premises and will be purchased by MAECE at a price to be agreed-upon within 30(thirty) days from the Transfer Date. Should no sale be accomplished by that date, then SCI will remove the dump truck from the premises at SCI's expense on or before that date. 1/ ,if io � 3 E Vf)rc'r 3 c 9. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Florida. 10. In the event of any litigation, including arbitration, between the parties arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs from the non-prevailing party. 11.Each party represents that it has the legal right,power and authority to execute and deliver this Agreement,and to perform its obligations hereunder. 12.This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall be deemed to be one and the same document. 8 - '7 Seminole Club,Inc. Date ca4t-rt,j-11, 9 - - O Alice Daniels Date q --g--g--O. Maece Taylor,Inc. Date By:Steve Phillips 4