053144-Adjourned Session MINUTES
CITY COMMISSION, SANFORD, FLORIDA, .~:~a¥
at 7:70 P E 19 44
495
The City Commission of the City of 8enford, Florida, met in adjourned session
at the City Hall in the City of Sanford, FloridA, at 7:70 o clock P.E. Nay 31,1944.
Present: Commissioner Edward Hi,gins, ~!ayor
" George D.Bishop
" H.James Gut
" W.C.Hill
City Attorney Fred R.~ilson
City Clerk H.N. Sayer
Absent: Commissioner H.J.Lodge
Eeeting called to order by the Chairman.
Consideration next biven to the matter of appointing two members of the Civil
Service Board in accordance with the provisions of Sections 2 and 3 of Ordinance No. 349,
passed and adopted at the meeting of the City Oom~ission of Zay 8,1944, creating a Civil
Service System for City employees.
Thereupon after considerable discussion, Commissioner Gut moved that H.E.Tooke and
Harry Lee be appointed as members of the Civil Service Board, ]~r. Tooke to serve for a
term of one year and Hr. Lee to serve for a term of t~o years.
Seconded by Co~missioner Bishop and carried unanimously.
Thereupon H.E.Tooke and Harry Lee were declared to be the two members of the Civil
Service Board duly appointed by the City Com~:~ission of the City of Ssnford, Florida.
Application next received from Ers. Clara Ginn to purchase Lotsl thru 17 of
Block 14, and Lots 6 thru l0 of Block 15 , San Lanta Second Section, this property
having been acquired by the City thru foreclosure of taxes and special assessment liens.
Thereupon after careful consideration, Commissioner Bishop moved the sale of the
aforesaid property at a price of $60.00 per lot.
Seconded by Commissioner Gut and carried.
On motion duly carried, the Co~mission next authorized the payment of utility bills
for the colored Service ~ens Club thru the month of September 1944.
Communication next read from O. T.Ray, Regional Director of the Federal Works Agency
returning the lease agreement between the City and United States of America , covering
lease to the City of the Wate~'~orks Facilities constructed by the Federal ~orks Agency
under Project No. Fla-~-252, at a rental of ~1,000.00 per year, which w~s prepared by
the City Attorney in accordance with their instructions and approved by the Commission
and executed on behalf of the City at the meeting of Harch 2~,1944; advising that the
terms of said lease did not conform with their requirements, and enclosed corrected
lease agreement prepared by them, to be executed by the City.
Thereupon after careful study of the aforesaid lease agreement as prepared by
the Fe?.orat ~orks AA'ency, Commissioner Gut moved that same be approved s~d executed
on behalf of the City.
Seconded by Commissioner Hill and carried.
Thereupon the returned lease agreement executed on Hatch 27,1944, was ordered can-
celed o£ record and the corrected agreement ordered spread on the minutes of this meeting
as follows:
496
MINUTES
CITY COMMISSION, SANFORD, FLORIDa, May ~1, at
19 4
LEASE OF WAR PUBLIC
Project No. Fla S-252.
The United States of America ( herin called the "Government") hereby leases
to the City of fanford, Florida, ( herein called the "Lessee"), upon the terms and
conditions and in consideration off the covenants and agreements of the Lessee here-
inafter set forth, the waterworks, war public works facilities identified by the
above Project No. and described below ( such war public works facilities being here-
inafter referred to as the "Leased Property"),for the term of one year from the
16th. day of June 1943, The term of this ~ease stmll be extended, at the option of
the Lessee, without notice, for successive periods of one year each.
The Leased Property consists generally of addition of one well equipped with a
350 G.P.M deep well pump, including a well house, a pumphouse, and a 1,oeo G.P.N.Booster
pump, to~ether with the necessary pipe and electrical lines to hook these facilities into
the existing wells and feed lines in the City of Sanford, Seminole County, State of
Florida, more particularly described in that certain warranty deed from City of Sanford,
Florida, a municipal cSrporation created and existing under and by virtue of the laws of
the State of Florida to the United States of America, dated January 25,1943, and recorded
on September 15,1943, at 3:58 o'clock p.m. in Deed Book Number 108, Page 198, Seminole
County, Florida, reference to which deed is hereby made for a detailed description of
such lamd, to~ether with all buildings, structures and improvements constructed in,
over and upon said land and all other buildings, structures and improvements which
toiether with the foregoing constitute the Lease Property generally described above,
and all facilities, equipment, furnishings, fixtures, appurtenances and supplies
installed in or located at the Leased Property on the date of this Lease or thereafter
provided by the Government, a detailed inventory of which is to be prepared and signed
by representatives o£ the Government and tlc Lessee.
Possession of the Leased Property, or of any separate unit thereof, will be
delivered to the Lessee ~en, in the determination of the Government, the Leased
~roperty or such separable unit can be effe~ively utilized and operated ,~ith reasonable
efficiency.
In consideration of the foregoing, the Lessee covenants and agrees that following
delivery to it of possession of the Leased Property:
(a) It will use the Leased Property during the term of this Lease and each renewa~
thereof in an e£ficient , economical and proper manner, and £or the purpose for ~vhich
the ~eased Pro~ rty was intended and for ~hieh it was acquired by the Government and
delivered to the Lessee;
(b) At its own expense, it will maintain amd keep the Leased Property in good
repair and operating condition, and immediately upon the termination of this Lease as
herein provided will return the same to the Government in as good condition and state
of repair as the Leased Property is in when completed and delivered to the Lessee,
reasonable wear and tear and loss or damage caused by act of God or war excepted;
(c) It will pay all costs of operation of the Leased Property and all expense
and liability incurred in connection therewith, including the purchase of necessary
tools and equipment;
(d) It will establish, maintain and collect fair, Just and reasonable rates and
charges for the commodities and services supplied and made available by the Leased
Property;
(e) From the gross revenues derived from the Leased Property, it will pay to the
Government an annual rental of $1,000, payable quarterly at the close of each calendar
quarter commencing on the last day of the calendar quarter in which this Lease is
executed, it being agreed and understood that said rental shall be considered as an
operating cost of the Leased Property. The initial rental payment shall include the
accrued rental ffrom the 16th day of June ,1943, to and including the last day of
the calendar quarter in which this Lease is executed. It is determined and agreed by the
Lecaee and the Government that said annual rental of ~l,O00.O0 represents a fair rental
of the Leased Property and that said rental is comparable to amnual rentals paid for
similar facilities located in the same or comparable area.
(f) It will procure and maintain for the benefit of the Ce~ernment such insurance
co~ering the risks to ~ich the Leased Property is exposed as is customarily carried in
connection with sinilar facilities located in the same or a comparable area, in form smd
amounts reasonably sufficient to protect the Covernment's financial interest in the
Leased Property, and subject to the following conditions:
(2)
(5)
the kinds and amounts of insurmnce and the insurers shall be subject to
approval of the Government,
the insurance shall be made payable to the Oovernment as the insured,
the insurance policies shall be delivered promptly to the Government,
the Lessee stroll notify the proper insur~mnee companies and the Government
promptly of amy loss or damage to the Leased Property;
In the event of any losses covered by such insurance, the ~overnment shall
apply any insurance proceeds received during the term of this Lease to the
repair, restoration or replacement of the Leased Property, or any portion
thereof, damaged or destroyed;
(g) It v¢ill permit the Government ¢1, any reasonable time to enter upon, inspect,
and exhibit the Leased Property and, 2or the purpose of ascertaining that the Lessee
is complying with the covenants and agreements hereunder, to examine the books, records
and accounts of the Lessee pertaining to the Leased Property; and
MINUTES
CITY COMMISSION, SANFORD, FLORIDA,~~P
_19 44
497
the Lessee's possession, use, maintenance and operation of the Leased Property or the
fulfillment of its responsibilities hereunder.
The Lessee covenants and agrees that it will not assign or transfer its rights
or interest under this Lease, or transfer possession or dispose of the Leased Property
or any ~art thereof, or creat~ or permit a lien or charge upon or claim against the
Leased ~roperty or any part thereof, withoutthe consent of the ~overnment evidenced in
writing.
The ~overnment assumes no liability for any da~ge, injury, loss or e~3ense caused
by, resultin~ from, or arising in connection with the Leased Property, or for any defect
in or representations not herein contained concernin~ the Leased Prooerty.
The Lessee, at its option, may purchase the Leased Property at a~v time during
the term of this Lease, or any renewal thereof, at a purchase price to be agreed upon,
but which price shail in no event exceed ~15,000, and in the event that the Lessee
purchases or agrees to ?urchase the Leased Property ~'rom the Government during
the original or renewal term of this Lease or at the ex~)iration thereof, all payments
made to the ~overnment by the Lessee hereunder shall be~s~plied on the purchase
price of the Leased Property.
This Lease ~ay be ter~inated at any tirade by either o~ the parties hereto upon
thirty days' written notice to the other party. This Lease may be cancelled by the
Government at ~y ti~e without notice in the event that Lessee defaults in the
performance of any of its obligations hereunder.
i'~o member, of or delegate to the ~on~_~re~s of the United States shall be admitted
to any share or part of this Lease or to any benefit arising therefrom.
D~ted
U;iI TED
By--
STATES OF A~ER!CA
Fei eral ~o-~-~ Administrator
CITY CF S;2!FOPD, FLO~;{IDA
Edward Hi, gins
Its
ATTEST:
(Seal)
Attest:
On motion of Commissioner Bishop , seconded by Commissioner Lodc;e and carried,
A.P.Connelly & Sons, Inc. wns next authorized to insure the waterworks facilities
against such risks as required in the foregoing lease agreement.
City Attorney ~ilson next subnitted a lease agree~e~between the City and Victor
Check and wife, covering lease to the City, with option to purchase, of the following
described property for the purpose of site for warehouse facilities in connection with
proposed post-war project to create and establish a "Port Authority" for constructing,
maintaining and managing all dock facilities in Sanford, which was authorized by
Special Act of l~41 Legislature.
Blocks l, 1N, 2N, and ~.I of V.Check's Amended Plat of Blocks l, 1N, 2N and 3N of
Tier 9 oi' E.R.Trafford's I.:ao of ~an~ord.
Thsreupon after careful study and consideration of ~he terms of the lease agreement
Commissioner Bishop moved that it be approved and that the Hayer and ~lerk be authorized
to execute s~e on behalf of the City.
Seconde~ by Commissioner Gut and carried.
On motion duly carried, the aforesaid lease agreement was next ordered recorded
in the minutes of this meeting, as follows:
THIS LEASE, L'.ade a~d entered into in duplicate as and of the lat. day of June,194~,
between VICTOR C~2CK and FLORE~.:~ CLARK ChizeK, his wife, of Se~inole County, Florida,
hereinafter referred to as Le?~ors , and CITY CF SANFORD, FLORIDA, hereinafter referred
to as Le:~see, ~VITNESSETH:
MINUTES
City COMMISSION, SANFORD, FLORIDA. ~{,ay 31 at ?:~0 P ~ 19 44
ulated to be paid and covenants to be performed by the Lessee, have leased and let
and by these presents do lease and let unto the Lessee the following described
lots, pieces or parcels of land situate in Seminole County, Florida, to-wit:
Blocks l, 1N, 2N and 3N of V.Check's Amended Plat of Blocks l, 1N, 2N and
3N of Tier 9 of E.R.Trafford's ~'~ap of the Town o~~ Sanford, Seminole County,
Florida, together with all riparian rights in Lake L~onroe, saving and
exceoting, however, from tn~ above described property the following described
portion thereof now leased to Shell Oil Company:
Beginning ~t the Southwest intersection of Seminole Boulevard and French Avenue
in the City of Sani'ord, and run thence West along said a. emmnole Boulevard a
distance o£ 150 feet, thence South 150 feet, thence East 150 feet to French
Avenue, thence North along the West side el' French Avenue a distance of 150
feet to the point of beginning.
TO HAVE ~D TO HOLD the same unto the Lessee for a term on nine (9) years
from date hereof at and for an annual rental of Three Hundred ($300.00) Dollars,
payable in advance, the first year's rental havin~f been paid upon the execution and
delivery of this lease, receipt of ¥~hich is hereby acknowledged, and subject to the
terms and conditions hereinafter set forth.
The Lessee has rented the above describe:~ lands smd premises of and from the
Lessors and agrees to pay therefor an annual rental of Three Hundred ($300.00)
Dollars in advance, the first year's rental being paid upon the execution and
delivery off this lease and to pay a like sum at the beginning of each year during
the term hereof.
The Lessee £urther covenamts and agrees as follows:
1. To pay before July 1,19~4, all d. elinquent taxes
against said lands and premises
and likewise to pay during the term hereof, except the last year, unless the option to
purchase herein granted is exercised, before they become delinquent, taxes to become
due Seminole County, Florida, and City of Sanford, Florida, beginning with taxes for
the year 19~.
2. Not to assign this lease without the ~ritten consent of the Lessors.
3. That default for a period of thirty (30) days in the payment of eny of
the rentals herein required to bo paid, or in payment off taxes as hereinbefore
required, shall work s~] immediate forefeiture of this lease and the Lessors shall
have the right to re-enter and take possession of said premises without the necessity
to resort to process of law therefor, but no default hereunder shall impose any
liability upon the Lessee, except to surrender the property hereby leased and let.
~D the Lessors do hereby give and grant unto the Lessee the ri~t and option
at any t~.me prior to the expiration of the term of this lease to purchase of and
from the Lessors the lands and premises hereby leased and let at and for the sum
of Ten Thoussmd($10,0OO.00) Dollars cash to be paid upon the execution and delivery
by the Lessors, their heirs, executors, a~inistrators or assigns, to the Lessee,
its successors or assigns, of a good and. sufficient general warranty deed of convey-
ance of said lands smd premises, free and clear of all encumbrances except taxes,
~ich the Lessee is herein required to pay. If the option herein granted is exercised,
the Lessors shall, within thirty (30) days after exercise of said option, furnish
to the Lessee a complete abstract of title showini~ them to be vested with a good
and marketable title of record to said lands and premises, free and clear of all
encumbrances, except taxes as aforesaid, and the attorney for the Lessee, its successors
or assigns , shall be allowed ti~irty (~O) days after delivery of said abstract in which
MINUTES
CITY COMMISSION, SANFORD, FLORIDA, Hay
at ?:3o P'H 19 44
499
and marketable of record and free and clear of all encumbrances except taxes as
aforesaid, the Lessors, their heirs, executors, administrators or assigns, shall exe-
cute and deliver to the Lessee, its successors or assigns, a good and sufficient
deed of conveyance of said lands and premises, free and clear of all encumbrances,
except taxes as aforesaid, upon payment of said sum of Ten Thousand ($10,OOO.OO)
Dollars in cash . If the attorney for the Lessee, its successors or assigns, does not
find said title to be good end marketable of record, free and clear of all encumbrances,
except taxes as aforesaid, the Lessors shall endeavor to perfect said title within a
reasonable time by suit to quiet title or otherwise, and upon said title being perfected
within a reasonable time, said purchase shall be consummated as aforesaid.
~4D the Lessors as a part of the consideration of the ~aking of this lease do also
give and grant unto tile Lessee, subject to the rights of Shell Oil Co~pany unde~ a
lease from the above named Victor Check, dated November 19,1940, and of record in
Deed Book 96, Page 201, of the public records of Seminole County, Florida, the right and
option to ptn-chase of and from the Lessors at any time before the expiration of this
lease the lot, piece or parcel of land described as:
That part of V.Check's ~nended Plat of Blocks 1, IN, 2N, and 3N of Tier 9 of
E.R. Trafford's Map of Sanford, Florida, according to plat thereof of record in
Plat Book 3, Page 93, of the Public recor~'!s of Seminole County, Florida, described
as follows:
Beginning at the Southwest intersection of Seminole Boulevard and French Avenue
in the City of ~anford, and run thence west along said Seminole Boulevard a
distance of 150 feet, thence South 1~0 feet, thence East 1~0 feet to French
Avenue, thence North along the West side of French Avenue a distance of 150 feet
to the point of beginning
at ~d for the sum of Sixty-five Hundred ($6500.00) Dollars cash to be paid upon
the execution and delivery of a good a~d sufficient general warranty deed of conveyance
of said lands and premises, free and clear of all encumbrances. If the option to
purchase the last above described lot,piece or parcel of land is exercised by the
Lessee, its successors or assigns, the Lessors shall, within thirty (30) days
after exercise of said option, furnish to the Lessee a co~lete abstract of title
showing them to be vested with a good and marketable title of record to said lands
and premises, free and clear of all encumbrances, and the attorney for the Lease,
its successors or assigns, shall be allowed thirty (30) days after delivery of said
abstract in which to examine the same and if said attorney finds the title of the
Lessors to be good and marketable of record and free and clear of all encumbrances, the
Lessors, their heirs, emecutors, administrators or assi~ns, shall execute and deliver
to the Lessee, its successors or assigns, a good and sufficient general warranty
deed of conveyance of said lands and prea~ises, free and clear of all encuhbrances,
upon payment of said sum of Sixty-five Hundred ($6500.00) Dollars in cash. If the
Attorney for the Lessee, its successors or assigns , does not find said title to be
good and ~mrketable of record, free and clear of all encumbrances, the Lessors shall
endeavor to perfect said title within a reasonable time by suit to quiet title or
otherwise, and upon said title being perfected within a reasonable time, said
~urchase shall be consumr~ated as aforesaid .
The Lessee, its successors or assigns , may exercise either one or both of the
options to i~urchase herein~ove granted, as it .~y desire.
~fD the Lessors do hereby covenant and agree with the Lesseethat they are the ls~-
ful owners of the property hereby leased and let and have good and lawful right to
lease the same, and that the Lessee, upon payment of the rentals herein required
MINUTES
CITY COMMISSION, SANFORD, FLORIDA, l[a at 7: o ? 19
Lessee ~.ith the covenants on its part to be performed, shall have the right to use
and occupy the lands and premises hereby leased arid let, for the full term hereof,
free fri3fn any molestation or hindrance on the part of the Lessors, their heirs,
executors, administrators or assigns, or any other party or parties claiming or
to claim the same.
IN WITHNESS WH£REOF the Lessors have hereunto set thir hands and seals and the Les-
see has caused these presents to be executed in its name and attested and its ocr-
porate seal hereunto affixed, all
Signed, sealed and delivered
in the presence oz.
as and of the day snd year first above written.
.~ictor Check (
.Florence Clark Check .[~ E A L
CITY OF SANFORD, FLOF~IDA
H .L' .Watson
S.A.Rive
As to Victor Check and
Florence Clark Check, his
wife.
By,
Attest:
Edwardi~i'~/~ins,__.
Its I.:ayor
H.N.Sayer
Its City Clerk.
Ellen Hoy ....
Charlotte E.Smith
A~ to City of ~fanford,
Florida.
There be~n~ no
further business the meeting adjourned.
Attest: