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121034I 1 1 1 MINUTES CITY COMMISSION, SANFORD, FLORIDA, December i,� 7:30 P-99-3-4— behalf and as the free act end deed of said City of Sanford, Florida, and that they were therunto duly authorized. IN WITNESS WHEREOF I have hereunto set my hand and official seal on this the 18th day of December A.D. 1934. STATE OF FLORIDA COUNTY OF SEMINOLE 339 Charlotte E.Smith Notary Public. Notary Public , State of FloridE at Large. My Commission Expires Dec. 7, 15 t-.HERE8Y- .CERTIFY that on;- -Nai a day personally appeared before me, an off icer duly authorized to administer oaths and take acknowledgments W.E.KIRCHOFF, JR., to -me well known to be the person described in and who executed the lcidenture of lease, and acknowledged before me that he executed the same for the purposes therein expressed: IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal at Sanford, Fla., in said County and State this 18th day of December A. D. 1934. Attest: The meeting then adjourre d. City Clerk. ( Seal) Charlotte E Smith Notary Public. N©tary Public, State of Florida at Large. My Commission Expires Dec. 7, 1936 Mayor. l MINUTES CITY COMMISSION, SANFORD, FLORIDA, Dec. 10 at 7:30 P M I9 34 The City Commission of the City of Sanford, Florida, met in Regular Session at the City Hall in Sanford, Florida, at 7:30 O'clock P.M. December 10, 1934. Present: Commissioner W.A.Leff ler, Mayor. T.L.Dumas H.J.Lehman " V.A.Speer If 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 November 26th, Special Meeting of December 5th. and Special Meeting of December 7th 1934, read and approved. Current Invoices and Payrolls for the month of November 1934, properly audited and vouchered as evidenced by Vouchers Nos. 6513 through 6587 submitted, examined, approved and payment ordered. Monthly reports of the streets, sanitation, health, water, police, fire and library departments for the month of November 19' -, submitted and examined. Financial Statemer>t and statement of revenues and expenditures during the month of November 1934, submitted and examined. Bank statements in all accounts, properly reconciled, submitted and examined. Request next received from the State Road Department for space to store limerock salvaged as the result of paving State Road No. 3 from Myrtle Avenue West and on motion duly carried, permission grented.to store the lime on the City dump adjacent to Cloud Branch. Engineer Fred T.Williams next requested action by the Commission looking towards the construction of a sidewalk along French Avenue from Fourteenth Street south to Twentieth Street, as a safety measure for students attending Seminole High Schbol, utiliting FERA labor, the City to provide equipment and materials. After careful consideration of ;,pie matter in which it was brought out that the City is-about to take title to all but one piece of property on the nest Side of French Avenue from Fourteenth Street south to a point opposite the northeast corner of Lot 6 of a plat of A V.French property through foreclosure of tax liens. Commissioner Shinholser next made a motion that the City construct sidewalk on the east side of French Avenue from Fourteenth Street south to a point opposite the northeast corner of Lot 6 of Plat of A V French property and on the west side of French Avenue from the Northeast corner of Lot 6 of Plat of A V French property south to Eighteenth 'treet, with the understanding that the Seminole County Board of Public Instruction reimburse the City for the cost of materials used in constructing the sidewalk in front of school property, it being the intention to request the FERA to furnish labor for this project. Seconded by Commissioner Lehman and carried. Commissioner Shinholser next moved that proper notices be served on property owners abutting on the west side of French Avenue between Eighteenth St. and Twentieth St. go ty 7r MINUTES CITY COMMISSION, SANFORD, FLORIDA, December 10 194 calling for the construction of a sidewalk five feet wide and that this work be under- taken as rapidly as proper legal steps may be completed for the City's protection in the matter. Seconded by Commissioner Lehman and carried. Commissioner Shinholser next moved that the City donate the necessary materials and equipment for construction of the sidewalk on French Avenue between Fourteenth St. and Twentieth St. in accordance with the Engineer's plans and estimate submitted, and agree to complete the project if and when FERA have started it and find for any reason that they are not able to finish it. Seconded by Commissioner Lehman and carried. In accordance with instruction of the Commission, the Clerk next advised that the house and lot located at 2009 Holly Ave, and described as Lot 185 Pinehurst Subdivision., acquired by the City at the tax foreclosure sale of October let. 1934, at a price of. $690.00 had been advertised for sale, offers for the property to be received at this meeting. Thereupon any offers received were ordered read, the only one presented being from Alex. R.Johnson at a price of $705.00 Thereupon Commissioner Dumas moved that inasmuch as it is to put the property back on the tax roll, that.the bid be accepted, the purchaser to assume all State , County or City Taxes for the year 1934. Seconded by Commissioner Shinholser and carried. Representative of the Barker Poster Advertising Company next appeared with further reference to his request that the ordinance governing the construction of signboards be amended so as to allow their being constructed of wood when placed outside the fire district. Thereupon Commissioner Lehman moved that the ordinance be changed so that wooden or frame billboards can be erected outside the fire district, the requirement for steel construction within the fire district to remain unchanged. No second. On motion of Commissioner Lehman, seconded by Commissioner Dumas and carried payment of the following were next ordered made from funds applicable thereto: To Kenneth M. Keefe et al, to apply on judgments - 16,709.40 To United Mutual Life Insurance: Co. to apply on judgment 377.00 To DeCottes and Boggs, to apply on judgment 1,570.00 Request next received from the Salamagundi, High School publication, that the City place an advertisement in the 1935 issue. Thereupon Commissioner Speer moved that the City, as is customary place a 1/2 page advertisement in the Salamagundi, at a cost of $13.00 Seconded by Commissioner Lehman and carried. Communication next read from the Sanford Atlantic National Bank applying to be designated as City Depository for the year 1935, agreeing to pay interest at the rate of one percent per annum, payable quarterly, on all daily collected balances in excess of $2,000.00 but reserving the right to change the rate upon thirty days notice, and agreeing to continue furnishing acceptable securities for all City funds deposited therein. I F n 1 MINUTES CITY COMMISSION, SANFORD, FLORIDA, December 10 at 7:30 P 9_14 Thereupon Commissioner Lehman moved that the Sanford Atlantic National Bank be designated as City Depository for the year 1935 under the terms as outlined in the application. Seconded by Commissioner Dumas and carried. Detailed plans covering the construction of bulk petroleum products plant by the Sun Oil Company on North French Avenue were next presented, and on motion of Commissioner Lehman, seconded by Commissioner Shinholser and carried, same were approved and permit ordered granted for construction of plant as outlined therein. Bids were next received for supplying necessary pipe and fittings for laying 6 inch water main in the alley between Park Ave. and Oak Ave. from Second Street south to Eighth Street, action-.being deferred, however, pending receipt of definite prices per foot rather than price per ton as submitted. The Clerk next reported receipt of $100.00 from Minn & Lovett Grocery Co., being payment in accordance with agreement of City to extend time limits for construction of Dock - warehouse on property leased from the City on the lakeshore an additional six months from November 6, 1934. City Attorney Wilson next reported having contacted various members of the City Council who wbre in office at the time the City limits were extended so as to take in the town of Goldsboro, but was unable to obtain any information concerning various alleged claims against the town of Goldsboro which it was alleged the City of Sanford was to assume. Thereupon Commissioner Lehman moved that the matter be tabled. Seconded by Commissioner Dumas and carried. Communication next read from the Seminole County Title and Abstract Co. requesting opportunity to bid on furnishing abstract information needed in tax foreclosure suits. Matter taken under consideration In connection with the convention of the Florida League of Municipalities to be held at Coral Gables on December 13th and 14th., Commissioner Shinholser next moved that any member of the City Commission who is able, together with the City Attorney and City Clerk, be authorized to attend this Convention, the expense of the trip to be borne by the City. Seconded by Commissioner Speer and carried. Offer next received from Charles Kanner to pay $25.00 for six months use of City -owned land described as Lot 22 of Pace's Acres. Thereupon Commissioner Lehman moved that Mr Kanner's offer be accepted, provided he out all the weeds and cultivate the land thoroughly. Seconded by Commissioner Speer and carried. Commissioner Speer next moved subject to approval of the Municipal Judge and Chief of Police the suspension of $5.00 of the fine of Harry Garrett, Case No 21000, sentenced in the Municipal Court under date of December 3rd. 1934 to a fine of $30.00 or serve 60 days in jail. Seconded by Commissioner Dumas and carried. Commissioner Lehman next moved that the action of the Commission at the Special Meeti of December 7th. 1934, approving letter agreement with the Florida Power & Light Co. covering the turning on of 50 percent more btrett lights than are now being lighted at no additional cost to the City, be ratified. Seconded by Commissioner Dumas and carried. k 336 MINUTES! CITY COMMISSION, SANFORD, FLORIDA, December 101-7:30 p. 4 934 In accordance with informal agreement between the Commission and W.E.Kirchoff Jr. for the leasing with option to purchase of the Mayfair hotel, described as Block E of First Street Extension; Commissioner Speer next moved that this property-be leased with opiton to purchase , to Mr Kirchoff Jr. under the terms and conditions as agreed upon and that the Mayor and Clerk be authorized to execute said agreement on the part of the City. Seconded by Commissioner Shinholser and carried, said lease option being in. words and figures as follows: THIS INDENTURE OF LEASE, made and entered into in duplicate on this the 10th day of-December 1934, between CITY OF SANFORD, FLORIDA, a municipal corporation:, hereinafter referred to as the LESSOR, and W.E. KIRCHOFF, JR. of Sanford, Florida, hereinafter referred to as the LESSEE, WITNESSETH: THAT the LESSOR for and in consideration of the rentals to be paid and covenants to be performed by the LESSEE as hereinafter set forth, has demised, leased and let and by these presents.: does demise, lease and let unto the lessee the following described premises situate in the City of Sanford, Florida, to -wit: Block "E" of FIRST STREET EXTENSION according to plat thereof of record in the public records of Seminole County, Florida, in Map Book 3, Page 76. TO HAVE AND TO HOLD said premises unto the LESSEE for a term of five years from the date hereof upon the following terms and conditions, all of which are a part of the consideration for the making of this lease, to -wit: The LESSEE shall pay as rental for the aforesaid premises the sum:, of SEVEN HUNDRED FIFTY DOLLARS 0750) for the first year of said term, the sum of TWELVE HUNDRED FIFTY DOLLARS($1250) for the second year of said term, and FIFTEEN HUNDRED DOLLARS ($►1500) for each of the third and fourth years of said term. TWO THOUSAND DOLLARS ($2000) for the fifth year of said term, said rental to be paid annually at the beginning of each year of said term, the first year's rental having been paid upon the execution and delivery of this lease, receipt of which is hereby acknowledged. The LESSEE shall operate the hotel building now located upon the above described premises and known as the MAYFAIR HOTEL as a. first —class hotel during the full term of this lease or until the option to purchase hereinafter given is exercised and concluded by the transfer of title to said premises, and shall have said hotel open and in oper- ation not later than the 1st. day of February 1935, and to that end shall have all public places in said hotel properly furnished, and not less than forty guest rooms properly furnished to accomodate guests; sixty additional rooms in said hotel shall be r reconditioned and furnished for the accomodation of guests not later than the end of the third year of the term hereof. In the event said hotel is not open and in operation by the 15th day of February, 1935, this lease shall terminate on said 15th day of February 1935, and the LESSEE shall on said date surrender possession of said hotel and premises hereby leased and let to the LESSOR, and the sum of SEVEN HUNDRED FIFTY DOLLARS ($750) paid as the first year's rental on this lease shall be forfeited to the LESSOR. The LESSEE shall, within thirty days fropa the date hereof, begin the making at his own expense of all repairs to said hotel building and outbuildings as may be necessary red, 1 1 1 1 1 1 MINUTES CITY COMMISSION, SANFORD, FLORIDA, December 10, 7:30 _-19_314 to make the same properly tenah'bbleas a first class hotel, and shall have such re- pairs completed on or before February 15th, 1935, and failure to do so shall work a forfeiture of the first year's rental paid upon the execution and delivery of this lease. The LESSEE shall keep the building now located upon:the above described and hereby leased and let premises insured in a good and responsible insurance company against all risk of damage or destruction by fire, with loss payable to the LESSOR, in an amount not less than $35,000.00 The LESSEE shall at his own expense keep the hotel building and outbuildings located upon said premises in as good state of repair during the term of this lease. The LESSEE shall have the right to use so much of the silverware, linen, bedding, kitchen furnishings and utensils in the hotel building on said premises and belonging to the LESSOR as maybe necessary for the operation of said hotel with forty rooms furnished, and as additional rooms in said hotel are furnished the LESSEE may use such additional silverware, linen and bedding as may be necessary on account of the furnishing of said additional rooms, but the LESSEE shall use first the silverware, linen and bedding that hs been heretofore used in the opera.tion of said hotel and shall not employ the unused silverware, linen and bedding therein until necessary, and shall only be entitled to use said silverware, linen, bedding as herein provided, for a period of two years from the date hereof, at the end of whi,:. time the LESSEE shall purchase all silverware, linen, and bedding in said hotel building for the sum of FIFTEEN HUNDRED DOLLARS ($1500) cash, which sum shall be applied on the purchase price of said premises if the option to purchase, hereinafter granted, is exercised; it being expressly understood that title to said silverware, linen and bedding shall be and remain in the LESSOR until purchased by the LESSEE as herein provided. In the event the LESSEE shall not purchase such silverware, linen and bedding, as herein provided, the LESSOR may retake possession thereof. An inventory of said silverware, linen, bedding, kitchen furnishings and utensils is hereto attached, marked " Exhibit -"A" and made a part hereof. In the event said silverware, linen and bedding a.re not purchased by the LESSEE, or in the event of the termination of this lease, either by expiration of the term hereof or otherwise, said silverware, linen, bedding, kitchen furnishings end utensils shall be surrendered to the LESSOR in as good condition as the same now are, with the exception of ordinary wear and tear incident thereto. The LESSEE shall promptly pay all bills incurred for light, water end gas used in the operation of said hotel. The premises hereby leased and let shall not be assessed for taxes by the LESSOR during the term hereof, or if the option to purchase hereinafter granted is exercised, until the year following that in which such option is exercised. The LESSEE covenants not to assign this lease without the written consent of the LESSOR; to make no improper or unlawful use of said premises; to promptly pay the rentals and perform all of the covenants on his part to be performed and to quit and surrender possession of said premises at the end of the term hereof if the option hereinafter granted to purchase the same is not exercised, in as good condition as the same now are, ordinary wear and tear 377 MINUTES CITY COMMISSION, SANFOR'D, FLORIDA, December 10 at 7:30 P 9 34 and damage by the elements excepted. The LESSEE further covenants and agrees that default for a period of thirty days in the payment of any of the rentals hereinbef ore agreed to be paid, any of the other covenants on his part to be performed, shall work ure of this lease, and all rights of the LESSEE hereunder, and the possession of said premises to the LESSOR without the necessity of to process of law to recover such possession, and the LESSOR shill immediately re -enter and take possdssion of said premises. cr in the performance of an immediate forfeit - LESSEE shall surrender the LESSOR resorting have the right to The LESSOR hereby gives and grants:; unto the LESSEE the right and option at any time during the term of this lease, to purchase the premises hereby leased and let, including furnishings and equipment in the kitchen of the hotel on said premises, at and for the sum of THIRTY -FIVE THOUSAND DOLLARS ($35,000.) to be paid as follows: $15,00 cash upon delivery of deed of conveyance after exercise of option, less the purchase price of said silverware, linen and bedding, if the same be p:. anased by the LESSEE as hereinbefore provided, and $10,000 on or before one year, $10, 000 on or before two years after date of deed of con- veyance, said deferred payments to be evidenced by the promissory notes of the LESSEE, bearir eight per cent interest from date, and secured by mortgage upon said premises and personal property. The rentals paid by the LESSEE shall not be applied on the purchase price. In the event of the exercise of said option to purchase, the LESSOR will furnish to the LESSEE an abstract of title showing it to be vested in a good and marketable title to said premises, free and clear of encumbrances, and will convey the same to the LESSEE by general warranty deed but said deed shall provide;:. that the liability of the LESSOR under said warranty of title shall not exceed the amount of the aforesaid purchase price of said property. 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 hereunto set his hand and seal on this the day and year first above written. Signed, sealed and delivered in the presence of: H.N.Sayer Ellen Hoy As to City of Sanford H.N.Sayer Ellen Ho As to Lessee STATE OF FLORIDA COUNTY OF SEMINOLE CITY OF SANF ORD, FLORIDA By: W.A. Leffler. Mayor. Attest: F.S.Lamson City Clerk. W.E.Kirchoff Jr. (Seal,) BEFORE ME, the undersigned authority, this day personally appeared W.A.LEFFLER and F.S.LAMSON, to me well known and known to me to be the parties who executed the fore- going indenture of lease as Mayor and City Cle3* respectively, of City of Sanford, Florida, a municipal corporation, and acknowledged to me that they executed the same for and on 1 7 1 1