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061848-Special Sessionnotice of 1948. MINUTES City.Commission, Sanford, Flo~da, June 18 at 8:00 P ~ ~ ~ The City Commission of the City of Sanford, Florida, met in Special Session at the City Hall in the City of Ssnford, Florida at 8:00 o'clock p N June 18, 1948 for the purpose of a public hearing to consider changes in the boundaries of cert,,in districts of the Zoning Ordinance. Present: Commissioner Robert A ~.~illiams, Nayor " Andrew Carraway " Randall Chase " Lea R. Lesher Clty Attor~y Fred R Wilson City Nansger & Clerk H N Sayer Deputy City Clerk Gordon L Bradley Absent: Commissioner John Krlder, Sr. Meeting called to order by the Chairman who directed the Clerk to read the legal this Hearing that wss published in the Sanford Herald on June 3rd and 10th. the P.M. in the at NOTICE OF PUBLIC HEARING ON PBOPOSED CHANGES IN BOUNDARIES OF CERTAIN DISTSICTS OF THE ZONING ORDINANCE OF THE CITY OF SANFORD, FLORIDA. Notice is hereby given that a public hearing will be held at the office of City Commission in the City Hall in the City of Sanford Florida at 8:00 O'clock on the lath day of June 194S, to consider the following changes and amendments Zoning Ordinance of the City of Sanford, Florida. The area zoned in Distric R-1 ( One single Family) bounded on the north by 14th Street, east by alley between Park Avenue and Magnolia Avenue, extending south along the east property line of the property abutting on Park Avenue to the north oroperty line of Teague's Addition, thence west to the alley between Oak Avenue and Park Avenue, thence north along the west property line of the property abutting on Park Avenue to 14th. Street; proposed to be changed to R-2 ( ~.~ultlple Family) District. All parties in interest and citizens shall have an opoortunity to be heard said hearing. By Order of the of June , 194S. City Commission of the City of Sanford, Florida, this 2nd day H.N.Sa~er As City Clerk of the City of Sanford, Florida. The Chairman stated that the Commission would be glad to hear any protest from parties interested in the changes proposed in the foregoing notice. There being no protest registered, Cos~issioner Carraway moved that the Zoning Ordinance be amended so as to transfer the property described in the foregoing notice from District R-1 ( One Single Family) to District R-2 ( ~,~ultiple Family) and that the City Attorney De instructed to prepare and appropriate ordinance. Seconded by Commissioner Lasher and carried unanimously. The Commission then adjourned the Public Hearing and re-convened into an adjourned session to handle any other business which maj come before it. ~.{r Otto Caldwell next appeared before the Board to give further consideration to his proposal to pull all the piling from the St. Johns River Line Dock which was destroyed by fire. ~r Caldwell further stated that he would cut some of the piling four inches from the ground and pull the remaining at a price of $~,5OO.00, or would pull all at a price of $5,690.00. In each case ~r. Caldwell stated that he would leave the site in a neat and orderly condition and would give the City a deed for the property. Thereupon after considerable discussion and on motion duly carried, the Commission MINUTES Florida, June 18 at $:oo P N 19 q$ Ci~J Commission, Sanford, ................................................. 3 ................... their dock was situated, from ~r Otto Caldwell at a price of ~5,690.00, providing that the aforesaid property and the City-owned property adjacent thereto are left in a neat and orderly condition subject to the approval of the City. Thereupon the City Attorney was instructed to prepare a purchase contract to be presented at the next meeting of the Commission. On motion of Commissioner Carraway, seconded by Commissioner Lesher and carried, the Commission next authorized the payment of ~150.O0 to Fred H Williams for engineering services rendered in preparing a drawing of the airport property being leased to the West Virginia Training School Inc. On motion of Commissioner Carraway, seconded by Commissioner Lesher and carried, the Commission next authorized the payment of $2,570.00 to the J.N Cleminshaw Co., for appraisal services for the month o f ~ay , 19~8. Communication next received from the Patterpad Corporation, tenants of the Laundry Building No. 42 at the airport, advlsing that they were forced to vacate the building and leave Sanford, due to the existing high freight rates for their few materials and finished products. Applicstlon next received from ~elton A Yelvington for position as manager, stating his qualifications and salary expected. alroort Application ordered filed. Consideration was next given to the reauest of the Sanford Seminole Co. Inc. sub for authorization to/lease the golf course to ~'~r. Ed Levy ~'~Itner, and for permission to loan I.~r. Whitner ~1,500.00 of the fund of ~,500.00 now on hand and held by the Sanford Seminole Co. for permament improvements. Thereupon after considerable discussion, Commissioner Chase moved that the ub Commission approve the transfer of tne/~ease from the $anford Seminole Co. Inc, to ~r Ed Levy t~/~Itner, subject to ~e conditions of the original lease from the City, and excluding the transfpr of $1,500.00 i'rom the buildin~ fund. Seconded by Commissioner Lesher and carried. Said lease being in words and figures as follows: THIS LEASE, ~,[ade and entered into in triplicate on this the l~th day of June A.D.1968, by and between Sanford Seminole Co. Inc. , a corporation organized and existlng under the laws of the State of ~lorida, with its principal place of business at Sanford in the County of Seminole and State of Florida., hereinafter referred to as the Lessor, party of the first part, and Ed Levy ~itner and wife, Katherine P Whitner of Seminole County, ~lorlda, hereinafter called the Lessees, parties of the second paFt: WITNESSETH: That the Lessor for and in conslderetlon of the rentals to be paid as hereafter stated and for and in consider~tlon of the promises, covenants and conditions to be oerformed on the part of the aaid Lessees, as hereinafter set forth, has this day leased,let and rented unto the said Lessees the following described property, situate, lying and being in the County of Seminole and State of Florida, more particularly described as follows to-wit: Begin 30 chains south of the northeast corner of Section 4 Township 20 South, Bangs 30 East, run south 12.83 chains, thence west 7.17 chains, thence north 45 degrees west 4 cnalns, thence west 20.04 chains, thence south 10 chains thence west 5 choline, thence south 3 chains, thence west 5 choline, thence north 5~ chains, thence east 20 chains, thence south 20 c~slns, thence east 10 chslns, thence south 10 chains, thence east 10 chains to the point of beginning, containing 123 acres, more or less. TO HAVE AND TO HOLD the November, A.D. 1970. same unto the said Lessees until the 1st day of The Lessees have leased and taken the above described property of and from %he Lessor and agree to pay therefor an annual rental of $2~.OO per year, said rental beirg payable annualy %n advance, the first year's rental having been paid upon the execution and delivery of this lease, receipt of which is hereby (a) That during the life of this lease the Lessees shall keep and maintain the golf course on the aOove described property with eighteen holes aggregating 6,000 yards in length, with fairways of their present standard width, and with greens of their present size, and the clubhouse and locker rooms , and any additional buildings placed thereon during the life of this lease and on said property as a country club; that the Lessees shall at ell times during the life of this lease keep the fairways and greens of the said eighteen hole golf course in good playable condition, such as the Same now are, and should the said Lessees fail to maintain sald property as a country club and eighteen hole golf course, this lesse shall cease and determine at the option of the Lessor and said property and improvements made thereon by the Lessees shall be surrendred to the Lessor, its successors or assigns. (b) That during the term of this lease the Lessees shaI1 pay, before they become delinquent, all taxes that may be levied and assessed against said property, and failure so to do shall work an immediate forfeiture of this lease. (c) That the Lessees shall operate the present golf course,clubhouse and any additions thereto and the present locker rooms as a country club , bar and grill for members and daily greens fee players, and members' guests of Seminole Country Club, by which name said property shall be operated, and shall keep all personal property situate in the clubhouse and any aOditions thereto and the locker rooms, an inventory of wh.ich is hereto attached Mhd made a part of this lease.in as good con- dition as the same now are, ordinary wear snd tear , however, excepted, and shall at all times keep the dishes, cut~ery and other necessary kitchen and dining room equipment up to its present inventory 'by replacing all breakage at their own proper cost and expense. - (d) The Lessees shall at all ti~es keep and maintain the kitchen stove,kitchen refrigeration units and hot water heaters in a good state of repair, and shall be responsible for all repairs and replacements thereof at their expense. (e) Lessees further agree at all times to keep all moll course machinery, tractors truck, fairway mowers, greens mowers, tee mowers and all other machinery and equipment as per inventory thereof, a copy of which is hereto attached and made a part of this lease, in a good state of repair and shall replace all broken parts and shall keep same in as good condition as the same now are, ordinary wear and tear, however, being excepted, and in the event any of said mschlnery shall be worn out the Lessees shall replace the same at their own proper cost and expense. (f).The Lessees shall keep the buildings now or hereafter erected upon the above described property insured to their full insurable value against all risk of damage or destruction by fire, and shall keep all personal property situate therein insured to its full insurable value against all risk of damage or destruction by fire, said policies to be written by good and responsible insurance company, with loss payable to the Lessor, and any proceeds arising from said insurance shall be used by the said Lessor for the restoration of said property under the joint Supervision of Lessor and Lessees. Failure on the part of the said Lessees to insure and keep said buildings and oersona~ property so insured shall work an immediate forfeiture of this lease. (g) That any improvements, by way of building or otherwise, made bo the Lessees individually, or Jointly with the Lessor, on said property during the term of this lease, or during the o-mership of said property, should the Lessees exercise their option hereinafter granted to purchase sai~ property, shall at all time~ enure to the benefit of said property and b~come a part thereof should a reversion o the title to said property, or a forfeiture of this lease, become effective under the terms and provisions of this lease. (h) This lease shall not be assigned wltnout the written consent of the Lessor, its successors or assigns, and without the written consent of Ci~ of Sanford, Florida, a municipal corporation. (l) The Lessees further agree to pay and keep paid all monthly obligations in- curred by the Lessees for the operation of said country club and golf course, including accounts for purchases made by the Lessees for materials and supplies for the clubhouse or golf ,shop, and shall pay and keep paid all accounts for la0or, and shall save harmless and indemnify the Lessor i'or any such obligations incurred by the Lessees, and failing therein the Lessor shall have the ri~t, at its option, to declare a for- feiture of this lease, and shall immediately have the right to re-enter and take possession of said property, both real and personal, anything in this lease to the contrary notwithstanding. (J) It is understood and agreed by and between the Lessor end the Lessees as follows, to-wit: 1 That the Lessor now has on its hands the sum of ~7,500.O0 cash advanced by the City of Sanford, Florida, under its lease to the Lessor dated November l, 1945, which said fund ~.s now being held by the Lessor under the terms and provisions of said lease for the purpose of making permanent improvements to the clubhouse or other buildings situate upon the property above described, and that the expenditure of sald money for any such permament improvement during the lite of this lease shall be made under the joint supervision of the Lessor and the Lessees. 2. The Lessees , after the completion of improvements to the clubhouse and the furnishing of ~he same in accordance with the last two preceding paragraphs of this lease, shall have the right, option and privilege to purchase the fifty per cent of the capital stock held by a stockholders committee of the corporation at a fair and reasonable price, to be agreed upon by and between the Lessees and said stockholders committee if, as and when the Lessees desire to purchase said stock. MINUTES City Commission, Sanford, · d Lessees should exercise their right, option and In the event the ssi ~ ~h~ ~=nttal stock held by a stock- 3- · t er cent privilege to purcha~e.~he Ill ~p~__ -~tnin the period limited herein, the _ holders committee or %ne.?~Por~a~u" ~_ rivile~e to purchase the entire property Lessees shall have the r~gn~, option aha p eb leased from the City of banford, Florida, a munlcip~l corporation, under her y ..... ~ ~sor on November 1, 1945. the terms gran~e~ ~o o 4. It is further understood and agreed by and between tSe Lessor and the Lessees that the liquor licenses, both State and Federal, during the life of this lease shall at ~ll times be and remain in the name of the Lessor, unless said licensee are authorized to be transferred by the Board of Directors of the Lessor, and that should said licenses be transferred by authority of the Board of Directors of the Lessor, and should this lease Oe forfeited by failure of the said Lessees to oerform any of the covenente and conditions on their part to be done, k~pt and pe~formed , as provided herein, said licenses shall automaticslly be returned to the eaid Lessor for the use and Oenefit of the ssid Lessor. It is further understood and agreed that the said Lessees will make no unlawful or impraoer use of said premises or violate any of the laws of the State of ?lorida that mi~[t work a revocstion or forfeiture of said beverage licensee, and that should the said Leesees violate any of such laws that could or would work ~ forfeiture of said licenses the said licenses the said Lessor shall have the right, at its option, to declare this lesse void end shall re-enter and t~ke possession of said premises. 5. It is further understood and agreed by and between the Lessor and the Lessees that the Lessor is this d~y turning over to the Lessees all of its assets, including money in benk ~ich includes greens fees heretofore paid and membership dues heretofore o~Id, and that said sum of money turned over by the Lessor to the Lessees amounts to ~ except seid ~7,500-00, and that ~ould the Lessees be and become in default ss to any of them.e%ters and things conteined in this lease, all property shall be returned by the Lessees to the Lessor, including a sum of money equal to the amount this dgy turned over by the Lessor to the Lessees, and that should there be a default the Lessor, upon re-possessing said property, eh.all h~ve the benefit of all membership dues and greens fees theretofore paid end then on hend by the said Lessees. It is further understood and agreed by end between the Lessor end the Lessees that the Lessees sh~ll at ~ll times keep ~ true and accurate account of the amount of money taken in by them by w~y of membership dues and greens fees, end that such books of account shall be subject to regsonable inspections by the o:ficers or directors of the Lessor. (k) Tnls lease shall be binding upon and shall enure to the benefit of the Lessor, its successors or assigns, and the Lessees, their heirs and assigns, and time shall be and become an essential part of a~l of the terms of this lease, and suOject to lease from Cit2 o~' Sanford, Florida to Lessor. IN WITNESS ~HEREOF the Lessor has caused these presents to be executed in its corporate name by its President and its corporate seal attached thereto attested by its Secretary, and the Lessees heve hereunto set their hands and seals, all in triplicate, on this the day and year first stove written. SANMOMD SE~[I !OLE CO, INC. Attest: B L Perkins Jr (SEAL) Its 6ecretary Signed, sealed and delivered in the presence of: Garland W Spener By Jnp. D. Ivey Its President. Edward Levy Whltner ( Seal~ Katherine P ~itner (Sesl) Dorothy W Swaim As to the Corporstion Ed Levy_J~nitner Geo ~ ?? As to Ed Levy ~itner Dorothy W Swaim Gsrlsnd W SRencer ~s to Katherine P Whither. City of Sanford, Florida, a municipal corporation, hereby consents to and aoproves the foregoing lesse and the entire terms thereof. ~ CITY OF~d~NFORD, FLORIDA. Attest: H N $ayer City Clerk. By_ Robert A Williams Its ~ayor. MINUTES Ci~ Commissi°n, Sanford, Florida, .......... Jmn~...l~ ........... ~.~.._~.[.Qo....~ ~ 19 48 Commissioner Chase ne×~ moved ~h~t the Directors oF ~he SanFord Seminole Inc. be ~uthorize~ to s~end an amount not to exceed ~00.00 o~ the ~?.~00.00 ~uildin~ Fund, as th~ dee~ neces~er~ For the m~lnten~nce oF the ~o~T course. Seconded b~ gommi~loner Lecher and cerried. There beln~ no Further buslne~ the meetln~ ~hen adjourned. Attest: Clt~ Clerk. Mayor."