051434MINUTES"
CITY COMMISSION, SANFORD,
FLORIDA, May 14th at 7: 30 P M 1 934
The City Commission of the City of Sanford, Florida, met in Regular Session
at the City Hall in Sanford, Florida, at 7:30 P M. May 14, 1934.
Present: Commissioner W.A.Leffler Mayor.
" T.L.Dumas
" H.J.Lehman
It V.A.Speer
" S.O.Shinholser
City Attorney Fred R.Wilson
City Clerk F.S.Lamson
Chief of Police R.G.Williams
Meeting called to order by the Chairman.
Minutes of Regular meeting of April 23rd., 1934 read and approved.
Current invoices for the month of April 1934, properly audited and vouchered
as evidenced by vouchers Nos. 5951 through 6012 and 6014 through 6054 submitted, examined
approved and payment ordered.
Monthly report of the streets, sanitation, health, water and library departments
for the month of April 1934, submitted and examined.
Financial statement and statement of revenues and expenditures during the month of
April 1934, submitted and examined.
for the month of April
Bank statements in all accounts / properly reconciled, submitted and examined.
Mr. H M Papworth, Chairman of the Committee in charge of the Municipal Athletic
Field, next reported the_, need for certain necessary repairs to the grandstand before
it will be safe to be used, at an estimated cost of $80.00
Thereupon Commissioner Speer moved that these repairs be authorized, the expenditure
not to exceed $100.00
Seconded by Commissioner Dumas and carried.
Commissioner Shinholser next introduced Resolution No. 454 and moved its passage
'and adoption.
Seconded by Commissioner Speer and unanimously carried. said Resolution No. 454
being in words and figures as follows:
RESOLUTION n o. 454.
A RESOLUTION CONFIRIv1ING THE EXECUTION BY THE MAYOR AND CITY CLERK OF THE
CITY OF SANFORD , FLORIDA, OF A CERTAIN LEASE FROM THE CITY OF SANFORD,
FLORIDA TO WINN & LOVETT GROCERY COI;PANY DATED THE 8th DAY OF MAY A.D.1934.
WHEREAS at the regular meeting of the City Commissioners of the City of
Sanford , Florida, held on the 23rd, day of April 1934 said City Commissioners tentatively
agreed to lease to R.B.Wight or his assigns, the following described lot, piece or parcel of
land situate in the City of Sanford,Florida, to -wit:
BEGINNING at the Southeast corner of that certain tract of land owned by
.Mary B.H.Herring as described in that certain deed of conveyance dated April
17, 1915, from Edward Cecil Gabbett and wife to the said Mary B.H.Herring,
and of record in the public records of Seminole County, Florida, in Deed
Book 5, page 403, and running East 163 feet, thence North to the Northerly
line of the retaining wall along the south shore of Lake Monroe, thence
Westerly along said retaining wall to point in the Easterly line of the
aforesaid tract of land of the said Mary B.H.Herring if extended to the
northerly line of said retaining wall, thence southerly and across Seminole
Boulevard along the Easterly line of the said tract of.land of the said
Mary B.H.Herring, if extended as aforesaid, to the point of BEGINNING
together with riparian rights on Lake Monroe thereunto appertaining,.but
SAVING and EXCEPTItiG from the above described land and premises the right
of way of Seminole Boulevard across the same
for a term of ten years, with the right to renew said lease for a period of five
years as provided in the form of said lease prepared by the City Attorney and so
5
256
MINUTES
CITY COMMISSION, SANFORD, . FLORIDA,_ May 14 at 7;30-.P M A9 34
tentatively approved, and Winn & Lovett Grocery Company of Jacksonville, Florida,
is the assignee of the said R.B .Wight; and
WHEREAS the said Winn & Lovett Grocery Company requested certain changes in
said lease as tentatively approved on April 23, 1934, which said changes were agreed
to by the City Commissioners, and said lease with said changes was executed by the
Mayor and City Clerk of said City of Sanford, Florida, under date of May 8, 1934, and
said Winn & Lovett Grocery Company had paid the sum of THREE HUNDRED DOLLARS
($300.00) as part of the first year's rental for said property;
NOW THEREFORE, BE IT RESOLVED by the City Commissioners of the City of Sanford,
Florida, that the execution of the aforesaid lease to said Winn & Lovett Grocery Company
by the Mayor and City Clerk of the City of Sanford, be, and the same is hereby ratified
and confirmed and said Mayor and City Clerk are directed to deliver said lease to said
Winn & Lovett Grocery Company.
BE IT FURTHER RESOLVED that this resolution shall become effective immediately
upon its passage and adoption.
Adopted this 14th day of May A.D. 1934.
W.A.Leffler
V wA. Speer - - --
T . L ._Dumas
H J Lehman
S.0 /Shinholser
As the City Commission of the
Attest: City of Sanford, Florida,
F.S.Lamso n
� City Clerk. ( Seal)
Thereupon the lease described in Resolution No. 454 was ordered spread on the
minutes of this meeting as follows:
THIS INDENTURE OF LEASE made and entered into in duplicate on this the 8th day of
May A.D. 1934 between CITY OF SANFORD, FLORIDA, a municipal corporation hereinafter calle
„Lessor" and WINN & LOVETT GROCERY COiTANY, a corporation organized and existing under
the laws of the State of Florida with its principal place of business at Jacksonville,
Florida, hereinafter called " Lessee", WITNESSETH:
That the said Lessor, for and in consideration of the rentals to be paid and
covenants to be performed by the Lessee as hereinafter set forth, has leased and let
and by these presents does lease and let unto the Lessee that certain lot, piece or par-
cel of land situate in the City of Sanford, Seminole County, Florida, and described as
follows, to -wit:
BEGINNING at the Southeast corner of that certain tract of land owned by
Mary B.H.Herring as described in that certain deed of conveyance dated
April 17, 1915 from Edward Cecil Gabbett and wife to the said Mary B.H.
Herring, and of record in the public records of Seminole County, Florida,
in Deed Book 5, Page 403, and running East 163 feet, thence North to the
Northerly line of the retaining wall along the south shore of Lake Monroe
thence Westerly along said retaining wall to point in the Easterly line of
the aforesaid tract of land of the said Mary B.H.Herring if extended,
to the Northerly line of said retaining wall, thence Southerly and across
Seminole Boulevard along the Easterly line of the said tract of land of
the said Mary B.H.Herring, if extended as aforesaid to the Point of
BEGINNING, together with riparian rights on Lake Monroe thereunto appertaining,
but SAVING and EXCEPTING from the above described land and premises the
right of way of Seminole Boulevard across the same
TO HAVE AND TO HOLD the above described lands and premises unto the Lessee for and
during the term of ten years from the date hereof with the option to extend said
term for an additional terra of five years as hereinafter provided.
1
U
1
1
1
1
1
�J
I
25
MINUTES
CITY COMMISSION, SANFORD, FLORIDA, may 14 at 7: 30 P M -19-14
The Lessee covenants and agrees to pay unto the Lessor as rental for the afore-
said land and premises the sum of THREE HUNDRED DOLLARS ($300.00) per year payable
in advance, the first year's rental having been paid upon the execution and delivery
of this lease, receipt of which is hereby acknowledged, and does further covenant and
agree as part of the consideration for the making of this lease to pay before they become
delinquent , all state and county taxes assessed by the State of Florida, and County
Of Seminole against said land and premises and improvements during the term hereof, and
in addition thereto to pay to the Lessor during the term hereof an amount equivalent
to taxes that would be assessed by the Lessor against said land and premises and im-
provements if privately owned, the Lessor, beginning with the year 1934, to place a
value on said land, premises and improvements each year for taxation purposes as though
the same were assessable for City of Sanford taxes, the Lessee to pay to the Lessor
such sum as would be the taxes upon said property for each year during the term hereof
if it were assessed for taxes by the Lessor, such payment to be made on or before taxes
assessed by the Lessor become delinquent, provided that the Lessee shall be required to
pay only two - thirds of the amount that would be assessable for taxes for the year 1934.
IT IS FURTHER COVENANTED AND AGREED by the Lessee as a part of the consideration
for the making of this lease as follows:
1. That it will erect and complete within six months from the date hereof
at the northerly end of the aforesaid land and premises a warehouse and dock over the
waters of Lake Monroe according to specifications to be approved by the Lessor.
In the event the Lessee is unable to procure from the United States War Department
a permit to build said warehouse and dock, it may surrender this lease and said
premises without further liability on its part.
2. That all improvements erected on said land and premises and the aforesaid
warehouse and dock shall as soon as erected be and become a part of said land and premises
and shall not be subject to removal by the Lessee, its successors or assigns, at the end of
the term hereof.
3. That it will promptly pay the rental aforesaid at the beginning of each year of
the term hereof and will also pay before they become delinquent, all.state and county taxes
assessed against said land and premises, and will pay to the Lessor the aforesaid sum
in lieu of taxes which would be assessed against said land and premises if privately
owned, on or before taxes assessed by the Lessor become delinquent.
4. That it will make no unlawful or offensive use of said premises.
5. That it will not assign this lease without the written consent of the
Lessor, but the Lessee may sublet any portion or portions- of said land and premises.
6. That it will keep the aforesaid dock and warehouse insured to its full in-
surable value against all risk of damage or destruction by fire, with loss payable to the
Lessor, but in the event of damage or loss by fire the proceeds of said insurance shall
be used to repair or replace such dock and warehouse, as the case may be.
7. That it will keep and maintain all improvements made upon said land and
premises, including the aforesaid dock and warehouse, in a state of good and sound repair
during the term hereof.
8. That it will surrender said land and premises to the Lessor, together with
all improvements thereon, including the aforesaid dock and warehouse, at the end of the
term hereof.
•
23"
MINUTES
CITY COMMISSION, SANFORD, FLORIDA,__ May 14, at 7 :30 P ICI 19--3-4
9. The Lessee may at any time,after six months' notice of its intention so to
do, surrender this lease and possession of said premises and improvements without further
liability on its part.
10. That default for a period of thirty days in the payment of any of the afore-
said annual rentals or in the payment before they become delinquent, of state and county
taxes, or in the payment of the aforesaid sum to become due the Lessor in lieu of taxes
which would be assessed against said property by the Lessor if privately owned, or in
keeping said dock and warehouse insured as aforesaid, or in the performance of any
of the other covenants by the Lessee herein contained, shall cause this lease to become
null and void and of no effect, and the Lessee shall surrender the said land and premises,
and improvements, to the Lessor without the necessity for the Lessor to resort to pro-
cess of law for the recovery of possession thereof, but in the event of the forfeiture of
this lease for non - payment of rental of any sums required to be paid hereunder or breach of
the covenants herein contained, shall not render the Lessee liable in any way to an action
for damages for breach of this lease.
IT IS FURTHER COVENANTED AND AGREED by and between the parties hereto that the
Lessee may at its option have an extension of this lease for an additional five years at
the end of said ten year term, at such rental and upon such terms and conditions as
may be agreed upon between the Lessor and the Lessee, PROVIDED,HOWEVER, that in the
event the Lessor and Lessee are not able to agree upon said rental, terms and conditions
for said extension of five years, such rental and such terms and conditions shall be
determined by arbitration, the Lessor to select one arbitrator, the Lessee to select one
arbitrator, and the two arbitrators so selected to select an umpire, and the judgment
of the board of arbitration shall be binding upon the Lessor and Lessee, but such judg-
ment shall not affect the provisions hereof that improvements placed upon said land and
premises shall be and become a part thereof and not be subject to removal by the Lessee.
IT IS FURTHER COVENANTED AND AGREED by and betrreenthe Lessor and the Lessee
that in the event the title of the Lessor to the land and premises hereby leased and let
be lost through legal proceedings of any kind, the Lessor shall not be liable to the Lessee
on account thereof.
IN WITNESS WHEREOF the Lessor has caused these presents to be executed in its
name by its Mayor, and attested and its corporate seal hereunto affixed by its City
Clerk, and the Lessee has caused these presents to be executed in its name, and attested
and its corporate seal hereunto affixed by its Secretary on this the day and year first
above written.
Signed,sealed and delivered
in the presence of:
B.A.Jones
0 H Wilson ( Seal)
CITY OF SAIFTORD, FLORIDA
By W,A.Leffler
Mayor.
Attest: F.S.Lamson
City Clerk.
Winn & Lovett Gro. Co.
By:' W.R. Lovett, President.
Attest: F.Parker.
Secretary.
1
n
1
1
1
LJ
1
MINUTES
CITY COMMISSION, SANFORD, FLORIDA,.
STATE OF FLORIDA
COUNTY OF SEMINOLE
May 14, at 7:30 P It
I 4
BEFORE LIE, the undersigned authority, this day personally appeared
W.A.LEFFLER and F.S. LA14SON. to me well known and known to me to be the parties
who executed the foregoing indenture of lease as Mayor and City Clerk, respectively
of City of Sanford,,Florida, a municipal corporation, and acknowledged to me that
they executed the same for and on behalf and as the free act and deed of said City
of Sanford, Florida, and that they were thereunto duly authorized.
ITV WITNESS WHEREOF I have hereunto set ray hand and official seal on this
the 9 day of Pray A.D. 1934.
( Seal)
STATE OF FLORIDA
COUNTY OF DUVAL
James 0 Huff
Notary Public
My Commission expires Nov.
27th, 1937
BEFORE ME, the undersigned authority this day personally appeared
W.R.Lovett and F.Parker to me well known and known to me to be the parties described
in and who executed the foregoing indenture of lease as President and Secretary ,
respectively, of WINN & LOVETT GROCERY COP:T'ANY, a Florida corporation, and acknowledged
to me that they executed the same for and on behalf and as the free act and deed of
said corporation and that they were thereunto duly authorized.
IN WITNESS WHEREOF I have hereunto set my hand and official seal on this the
8 day of May A.D. 1934.
(Seal)
James 0 Huff
Notary Public.
My Commission Expires Nov.27,1937-
Mr. R.B.Wight next appeared on behalf of Winn - Lovett Grocery Co. requesting
that in case the War Department refuses permit to construct dock at the location
described in the foregoing lease, that the $300.00 payment made at the time of the
execution of the lease be refunded.
After considerable discussion the Clerk was authorized to notify Winn - Lovett
Grocery Company that in case the War Department, within ninety days from the date of
the lease, refuses a permit for the construction of a dock at the location described
therein, that the $300.00 paid will be refunded.
In connection with the expiration on May 27th, 193+ of the lease for the ground
at the foot of Myrtle Avenue upon which is located the dock and warehouse now used
by Winn - Lovett Grocery Co., communication next read from Mr. W.R.Lovett requesting
permission to continue using this space until the neyr dock and warehouse have been
built,'paying the City at the end of that period for the actual time the space is
occupied at the present rate.
Action deferred pending an expression of opinion from Mr. Lovett as to
the ultimate disposition of the present dock and warehouse and payment of accrued
personal taxes against it.
260
MINUTES
CITY COMMISSION, SANFORD, FLORIDA, May 14, 1934 at 7:30 P M19
Complaint next received from Forrest Gatchell to that provision of the
license ordinance requiring license for distributing handbills and circulars, stating
that he would be glad to discontinue this form of advertising if the other merchants
would do so.
Action deferred pending receipt of expression from other merchants upon the
question of prohibiting the distribution of handbills and circulars.
Mrs Lamb, County Nurse, next requested the strict enforcement of section 344,
Revised Ordinances of the City of Sanford, requiring the quarantining of communicable
diseases.
Letter also read from the Woman's Club requesting the same action.
Thereupon the Chief of Police and Inspector Paxton were instructed to see that
the requirements of Section 344 are enforced and that due publicity be given thereto,.
Communication next read from the Acting Secretary U.S.Department of Agriculture
exercising option.to renew the lease on the City greenhouse for one year beginning
July 1, 1934, under the same terms and conditions prevailing in the _.: present lease.
Thereupon Commissioner Dumas moved that the lease be renewed as requested.
Seconded by Commissioner Shinholser and carried.
Instructions were next issued to have the water department truck damaged when
run into by car driven by 1;irs John Kelly, repaired, and the bill for same sent to Mr.
Kelly.
Commissioner Dumas next moved the purchase with funds applicable therefor
from the Bondholders Committee of ten bonds at a price of 14-2 flat and also 10 bonds
through the attorneys for the Committee at a price of 15 flat, these offerings having ,
been received and referred to the City for its consideration.
Seconded by Commissioner Shinholser and carried.
Communication next read from Mrs Pearl H Hansell, operator of the Montezuma
Hotel, with reference to seepage of water into the basement of the Hotel; claimed to
have been caused by negligence on the part of the CWA workers while laying sewer in the
alley back of this property, and requesting that the City remedy this condition.
No action in view of the fact that the City does not feel,itself to be
responsible for that condition.
Communication next read from representatives of the Federal Laboratories Imp,
with reference to the purchase for the police department, of a Thompson Sub- machine
gun.
Action deferred pending inquiry as to whether the County will go in with the City
in the purchase of such a weapon, to be used jointly by the Sheriffs office and the
Police Department.
Request next received from Albert Hall that the City defer action looking
towards the removal of his building located on Lots 1,2, and 3 of Block 2, Chapman
& Tucker's Addition, until August 1st , with the understanding that he will vacate
and remove the building at that time.
Approved, provided that 11r Hall will sign such an agreement.
The Commission next approved the sale toMattie Singleton of Lot 1 Block 25
Clark's Subdivision of Robinson's Survey of Block 35, 36 and E 1/2 of 25 of an
Addition to Sanford, Florida, at a price of $291.37, $255.43 payable with City of
Sanford bonds and $32.94 in cash, this amount representing the amount of the City's
1 claim in the property which was acquired through foreclosure of tax lien.
I
Ll
L
1
1
1
1
1
MINUTES
CITY COMMISSION, SANFORD, FLORIDA, May 14 at 7:30 P M 1934
The Commission next approved Action as follows:
Lester Johnson, alias Lester Roundtree, sentenced 4/30/3, Case No.20550, in the
Municipal Court, to pay �35.00 or serve 50 days , on a charge of Assault.
Action: released after serving one week on payment of $30.00
Pasco Duncan, Case No. 20486, sentenced 4 /2/34 to pay $75.00 or serve 50 days,
for drunk and disorderly. Action: Released April 15th. upon his promise to leave town.
Arthur Higgs, Case No. 20555, sentenced 4/30;34 to pay $200.00 or serve 90 days,
for driving a car while drunk. Action: Released after serving two weeks, on good
behavior. To report once each week to the ldunicipal Judge, and to be prohibited
from driving an autbmob °ile for six months.
On motion duly adopted the Clerk was next instructed to make the following
payments from funds applicable therefor:
To
DeCottes and Boggs,
to
apply on
judgment
$700.00
To
Kenneth 111.Keefe, et
al,
to apply
on judgment
300.00
Payment of $22.00 to apply on purchase price of a lion for the Municipal Zoo
was next authorized.
The condition of the sidewalks in various parts of the City next came up for
discussion, particularly in those cases where tree roots have broken the sidewalks and
made them danerous.
Thereupon Commissioner Dumas moved that A.R.Marshall be employed for one
month at a salary of $75.00 per month, to continue the sanitary and cleanup work for
which he was empolyed during the month of March, and at the same time make a survey
of the sidei.tralks with a view to notifying property owners where bad sidewalks exist
and endeavor as far as practicable to have them make the necessary repairs.
Seconded by Commissioner Speer and carried.
The Commission next approved the contribution of $10.00 towards expenses
of commencement dance to be held in the 'Mayfair Hotel by the Seminole High School girls.
City Attorney Wilson next presented taster's Deed dated May 14, 1934 covering
the following described lots acquired through foreclosure of delinquent tax liens:
Lots 324,5,6,7,5,9,10,13,19 ,20121,22,23,24,25,26,27,25,29 of Block A First Street Extension.
Lots 7,5,11,12,13,1x -,15,16,17,15,19 of'B1ock "B" First Street Extension.
Lots 5,6,7,5,9,10,11,12,13,14 and the E. 13.59 ft of Lot 15 and Lots 17 & 15 of Block "C"
First Street Extension.
Lots 5,6,7,10,11 and the East 10 ft. of Lot 12 , West 15 ft. of Lot 12, all Lot 13 and
East 10 feet of Lot 141 West 15 ft. of Lot 14 , all Lot 15 of Block "D" First Street Exte
Lots 1,2,3, and the East 5 feet. of Lot 4 , lots 6,7,5,9,10,11,12 ,13,14,15 and 16
of Block "F" First Street Extension.
Lots 3,4,5,6,7,5, and 10 of Block "O .First Street Extension.
Lots 1,2, 3,4,5,6,7,5,9,10,11,12,13,14,15 and 16 Block "H." First Street Extension.
Lots 1,2,3,
the West 14 ft.
of Lot
4 , the East
12.11
ft. of Lot 4,
the
VTest
22.22
ft.
of Lot 5 ,
East. 3.59 ft. of
Lot 5,
and all Lot
6 and
5,9,10,11,24
and
25 of
Block
"J".
First Street Extension.
Lots 1, 2, 3, 4, 5, 6, 7, 5, 11, 12, 17, 15, 19, 20, 21, 22, 23, 24, 25 ,26,27,25,29,30)31i32233234,35 and
36 of Block "K!' First Street Extension.
Lots 9,10,11 ,12,15,16,17,15,19,20,29,30,31 and 32 of Block "L ". First Street Extension.
Lots 1,2,3,4,5,6,7,5,11,12 ,13,14,15,16,19,20,21,22,25,29 and 30 of Block "M." First
i1
726 �
MINUTES
CITY COMMISSION, SANFORD, FLORIDA, May 14, at 7:30 P 11 -1934
Street Extension.
Lots 3,4 and 5 of Block "0" First Street Extension.
Blocks "P" "R" "S" "T" "U" 'IV" First Street Extension.
Lots 16, and 17 of Spurling's Plat off Block 15 Chapman & Tucker's Addition.
Lots 1,2,3 the North 26.7 ft of Lot 4 the south 23.3 ft of Lot 7, the West 1/2 of Lots
9 and 10 of Block 11, Lot 1 of Block 12 of Chapman & Tucker Addition.
Beginning at the S.W.corner of Block 13 of Chapman & Tucker's Addition run E. 100 ft..
North
to
Lake Monroe, Westerly
along shore of Lake
Monroe to East line of Cypress Ave.
South
to
beginning, including
riparian rights.
Due
Beginning 150 ft. E. of S.W.Corner of Block 13 of Chapman & Tucker's Addition, run E.
50 ft. north to Lake Monroe, Westerly along lake Monroe to point north of beg. S. to
Beg., including riparian rights.
Lots 4,5,6 and North 20 feet. of Lot 8 of Block 17 of Chapman & Tucker's Addition to
Sanford.
Lots 6 and 7 of Musson & Abercrombie's Subdivision
Lots 1 and the south 40 feet of Lot 3 of Block "F" of Neave's Addition
Lots 6, 7 and 28 of Normany Square.
Lot 9 of Block 1 of Mayfair.
City Attorney Wilson next presented bill for $97.25 covering expenses and fee
in connection with foreclosure suits resulting in the acquiring by the City of the foregoing
property, and on motion of Commissioner Shinholser, seconded by Commissioner Lehman and
carried, same was approved and payment ordered.
City Attorney Wilson next reported judgment obtained by the Bondholders Committee
in the
Circuit
Court
in and
for Seminole County, on Bond
No, '110 Series'
AA
Dated-
1/1/26
Due
1/1/31
Interest 6% , in amount
of 011000.00
this judgment hav-
ing been obtained for purposes of determining the status of property acquired through fore-
closure of tax liens.
There being no further business, the meeting adjourned.
Attest:
City. Clerk.
Mayor .
1
1
1
1