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."