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082348
MINUTES City Commission, San/ord, Florida, At~guet 23 ~t 7:30 P M 19 148 ,~ ~ ~9~ ¥:¥¥ -.:: -:: .................................................... The City Commission of tie City of Sanford, Florida, met in regular eession at the City Hall in the City of Sanford, Florida, Present: Commissioner Andrew Carraway, " Randall Chase " John Krider Sr. City Attorney ~red R Wilson City Manager & Clerk H N Seyer Absent: at ?:30 o'clock P M August 23, 194~ Acting Mayor. Deputy City Clerk , Gordon L. Bradley Chief of Police R.G. Wllliams Commissioner Robert A Williams, Mayor. " Lea R Lesher. Meeting called to order by the Chairman. Minutes of all regular, adjourned and special meetings of the Commission for period of July 24th thru August 16, 1948, next read and approved. Mr R.F.Melton, operator of the used-car lot at cor~er of Second Street and Palmetto Avenue next appeared before the Board and requested permission to erect a temporary structure to be used as an office for hie bueinese. Thereupon after considerable discussion, Commissioner Chase moved that a temporary permit for six months duration, be granted Mr l~{elton to erect a temporary structure on his used-car lot at corner of Second St. and Palmetto Ave. to be ueed as an office for his business. Seconded by Commissioner Krider and Carried. Commissioner Chase next introduced Resolution No ?33 by the Clerk , moved its passage and adoption. Seconded by Commissioner Erlder and carried by Commissioner Carraway Aye " Chase Aye " Krider Aye and after being read in full the following vote of the Commission: Said resolution being in words and figures as follows: RESOLUTION No ?33 A RESOLUTION OF THE CITY COI!llI$SION OF THE CITY OF SANFCRD, THE NON-ATTENDANCE OF COMMISSIONER ROBERT A WILLIAMS AT FOUR (4) OF THE CON~IISSION. FLORIDA EXCUSING REGULAR~EETINGS WHEREFORE, City Co~nissioner Robert A Williams has been absent from the regular meetinge of the City of Sanford City Com,~lsslon of July 12,26th August 9th and 23rd, 194~, owing to serious illness and the City Com.~ission deems it right and proper that such absences be excused: NOW, THEREFOP~E, BE IT RESOLVED by the City Commission of the City of Sanford, Florida, that the above absences of City Commissioner Robert A Williams from the regular meetings of the City Commission of July 12th and 26th, and August 9th and 23rd. be and the same are hereby excused. BE IT FURTHER RESOLVED that this resolution shall become effective upon its passage and adoption. Passed and Adopted this 23rd day o f August, 1948. .Andrew Carrawa~ MINUTES City Commission, ~nford, Flo~da August 2 at . ~ ............... . ............. ~ ............. ~ 7.~0 ~ ~ 48 On motion of Commissioner Krider, seconded by Commissioner Chase and carried, the Commission next granted a permit to B.F. Wade to sell beer and wines at his grocery store at 509 E. Seventh St., to be consumed off the premises. On motion of Commissioner Chase, seconded by Commissioner Krider and carried, the Commission next authorized to transmit to the Central Hanover Bank & Trust Company, Ne~ York, funds in amount sufficient %o pay interest coupons due September 1 1948, on all outstanding Series A and B Refunding Bonds dated Narch l, 1937, and Series C,D and E Refunding Bonds dated Earth l, 1941. On motion of Commissioner Chase, seconded by Commissioner Krider and carried, the Commission next authorized the purchase of five Mefunding Series A Bonds at a price of $500.00 each and one Refunding Series B Water Bond at a price of $S60~00 from B.J.Van Ingen & Co. Miami, Florida. 227 On motion of Commissioner Chase, seconded by Commissioner Erider and carried, the Commis- sion next authorized the City Nanager to offer the Victor Check Estate $9,000.00 for the property at the corner of French Avenue and Seminole Boulevard, now occupied by the Motors Inn, and to issue a non-interest promissory note due January l, 1949, in amount of $1,O00.00 and the balance of $8,000.00 in eight promissory notes in amount of $1,000.00 each, payable annually with interest at 4~. On motion of Commissioner Krider, seconded by Co~mmlssloner Chase and carried, the Commission next authorized Fire Chief M N Cleveland and Firemen to attend the Florida State Fire College in Ocala on August 23rd. thru 2?th , 1948, and that the expenses in connection therewith be borne by the City. Communication next received from Tec-Bllt Homes of Florida Inc, waiving their option on warehouse building No. 9 at the Airport, which the City had agreed to rent them at a rental of $225.00 per month. Application next received from airport for a perlod of two years, with option Matter taken under advisement. Communication next received from Edword F. fire insurance on City buildings. ~lorida Fashions Inc. to lease building No. 9 at to renew for an a~ditional three years. Lene requesting his pro rata share of the Matter taken under advisement pending the submission of a list by the City Manager ~f the Insurance Agents licensed within the City and the companies they represent. Communication next received I'rom Nr Edward Hlggins, Nanager of the Seminole County Chamber of Commerce advising of the results of the negotiations which he instigated which resulted in the Fellowship Foundation agreeing to release the Ship Service Building at Airport providing the City would allow them a credit of $1,000.00 on tae annual rental and an additional credit of $2,000.00 on the first year's rental for painting and other improvements and that the New York Giants would lease the building at $1,000.00 per year. Thereupon Commissioner Chase moved that the transfer of t~e Ships Service Building at Airport, from the Fellowship Foundation to the New York Giants as outlined in the Communication received from Nr Higgins, be approved. Seconded by Commissioner Krider and carried. The proposed lease with the Fellowship Foundation Covering the Gatehouse next submitted for considera.tlon~ Thereupon Commissioner C~ase moved its approval, and that the Nayor and at Airport, was Clerk be author- MINUTES ~ :30 P ~ 194~ Ci[y .Commission, Sanforcl, THIS LEASE, ~ade and entered into in duplicate on this 1st. day of September 1945, between CITY OF sANF©RD, Florida a municipal corporation hereinafter referred tom as Lessor, and FELLOWSHIP FOUNDATION, a corporation not for profit, organized and exist- ing under the laws of the State of Florida, with its principal office at Sanford, Florida, hereinafter reIerre~ to as Lessee, WITNESSETH: THAT the Lessor for and in consideration of the rental to be paid and covenants to be performed and kept by the Lessee as hereinafter stated, has leased and let and by tJaese presents does lease and let unto the Lessee those certain premises described as follows: BEGINNING at a point 123 feet West and 2832.9 feet North of the S.E.Corner of the S.W. 1/4 of Section 6, Township 20 S.R. 31 E, Seminole County, Florida, run North 89 degrees 5~ minutes 3© seconds west ?y.O feet, run thence North 153.9 feet, run thence North 89 degrees 51 minutes East ~yoO feet, run thence South 153-9~ feet to the point of BEGINNING. Together with the building known as the Gatehouse on the aDove property and at the entrance to Sanford Airport Properties. TO HAVE AND TO HOLD the above described premises unto the Lessee for a term of one year from date hereof with the right to renew the same from year to year subject to the covenants hereinafter contained, and mutual right to terminate ~is lease, at and for an annual rental of One Dollar (~l.O0) to be paid in advance, the first year's rental having been paid upon the execution and delivery of this lease. The Lessee does hereby further covenant and agree as part of the consideration for the making of this lease that it will at its own expense immediately place said Gatehouse Building in a state of sound repair throughout the term of this lease. The Lessee may at its own expense make such alterations in said ~uilding as will make it suitable for the purpose for which it wishes to use the same. Said Gatehouse building shall not be used for residential purposes. In the event the abOve described premises shall be so damaged by fire or the elements as to untenantable, Lessor shall in its discretion dstermine whether %he expense is too gre~t to restore and repair said demised premises, and should Lessor determine not to repair sa ia leased premises, this lease shsll cease and determine, and the rent shall abate from the time said demised premises became untenantaDle. The Lessee shall not assign this lease or sublet said premises without written consent of the Lessor. Default for a period of or default for a period of sixty thirty (30) days in paying any annual rental hereunder (60) days in the performance of any of the other covenants herein contained, after written notice from the Lessor to the Lessee addressed to it at its last known posto~flce address shall cause this lease to immediately terminate and the Lessor shall have the right to re-enter and take possession of said premises without the necessity to resort to process of law therefor. This lease may be terminated by either the Lessor or the Lessee upon the giving of thirty days written notice addressed to the Lessor or the Lessee as the case may be, at its last known postoffice address, whereupon the Lessee shall at the end of said thirty days surrender possession of said premises. IN v~ITNESS ~EBEOF, the Lessor has caused these presents its name by its Nayor and attested and its official seal hereunto to be executed in affixed by its City MINUTES City Commission, Saaford, Florida, ...... . ~'i[ ~' i iY-~ ..... '~F'~?TF~u~'"'~")"-a~'"'~-,-30-'--P~-lg.---l~ Clerk and the Lessee has caused these presents to be executed in its name by its President and Board ~ember___ and attested and its Corporate seal hereunto affixed by its Secretary and Board ~ember as and of the dry ~nd year first above wribten Signed, sealed and delivered in the presence of: S W Easterby A~ria J Lundquist As to Lessor Gordon L Bradle~ Aria J. Lund~let ~s to Lessee.-- CITY OFSANPOMD BY Attest: Robert A Wllllam~ Its ~ · ' ayor. Hi~sSa$er City Clerk FELLOWSHIP FOUNDATION BY____OsleE__~and Its President and Board ~ember. Attest: William ~arsh Its Se6-~etary and Board ~ember. The City Manager next reported on the notice which he received from the Provision Company, operators of the cold storage plant at airport, advising that they would VaCate the premises on August 28, 1948. Communication ne~t received from Atlantic Coast Line Railroad Company authorizing the City to construct a crossing at their own expense, at Nyrtle Avenue and Wourteenth Street. Matter taken under advisement. On motion of Commissioner Chase, seconded by Commissioner Carraway and carried, the Commission next appointed Commissioner Krlder to supervise the construction of the baseball diamond for the New York Giants in co-operation with the City and County. Consideration was next given to the amount received from the County each year as the City's share of the State Road and Bridge Fund. Thereupon after considerable discussion., Commissioner Chase moved that the City Manager find out what millage the County assesses for the State Road & Bridge Fund and what portion is levied and collected within th~ ~tv MINUTES City Commission, Sanfo a, Consideration was next given to the advisability of the City furnishing their own power for street lights. Thereupon after considerable discussion, Commissioner Krider moved that the City Manager contact Fairbanks Worse Co. and request them to make a survey for the purpose of establishing the possibility of the City furnishing their own power for street lights. Seconded by Commissioner Chase and carried. The proposed lease with the Fellowship Foundation, the airport was next submitted for consideration- Thereupon Commissioner Krider moved its aoproval, authorized to execute same on behalf of the City. Seconded by Commissioner Chase and carried. Said lease being in words and figures as follows: covering certsin facilities at and that the ~ayor and Clerk be NINETY-NINE YEAR LEASE THIS INDENTURE OF LEASE, Made and entered into in duplicate on the Day of A.D.19~8, by and between CITY OF SANFORD, FLORIDA, a municipal corporation created Dy the laws of the State of Florida, and existing in Seminole County, Florida, hereinafter referred to as LESSOR, ( which expression shall include its successors and assigns when the context so requires or admits ) and FELIDWSHIP FOUNDATION, a corporation not for profit organized and existing under the laws of the State of Florida, located at Sanford, Seminole County, Florida, hereinafter called LESSEE, ( which expression shall include its successors and assigns when the context so requires or admits,) WITNESSETH: 1. Premises and Term THAT the LESSOR has demised, leased and let and by these presents does demise, lease and let unto the LESSEE, the following described real property and buildings which are part of the property heretofore occupied hy the United States of America at what was called the Sanford Naval Air Station, Sanfor~, Florida, said real property and buildings being shown on a plat of a part of said property heretofore known as Sanford Nayal Air Station and hereto attached and marked Exhibit A and made a part hereof, said buildings being shown by numbers thereon corresponding to the numbers of said buildings as hereinafter stated, to-wit: Block A described as follows: Beginning at a point 2~!98.8 feet North and 50.0 feet west of the S.E.corner of the S.W.1/4 of Section 6 ,Township 20 South Range 31 East, Seminole County, Florida, run North 550.15 feet, run thence South 89 degrees 5~ minutes 30 seconds East 554.75 feet, thence run South 0 degrees 15 minutes West 550.15 feet, run thence North 89 de- grees 54 minutes 30 seconds West 552.35 feet to the point of beginning, and the following buildings thereon to-wit: Building No l, Administration Building No. 2 Instruction Building No. 6 Link Trainer Block B described as follows: Beginning at a point 1599.22 feet North and 50 feet west of the S.E.corner of the S .W.1/~ of Section 6, Township 20 South,Mange 31 East, Semin°.le County, Florida, run North 599.58 feet run thence South 89 degrees 54 minutes ~0 seconds East 713.~ feet, run thence South 0 degrees ~ minutes 30 seconds west 238.4 feet, run thence south 89 degrees ~6 minutes 30 seconds East 9~.95 feet, run thence South 0 degrees 8 minutes 30 seconds West 122.O5 feet, run thence North 89 degrees 5~ mlnutes 30 seconds West 93.95 feet, run thence South O degrees 6 minutes 30 seconds West 239.13 feet, run thence North 89 degrees situated thereon to-wit: Building No 8, Subsistence Building No 13, Brig Buildings Nos 25,26,27,28,29,30,31,32, Barracks Bu£1ding No 35 , Cooks quarters Building No74 Wave Barracks. Block C described as follows: From theS.E, corner of S.W. 1/4 of Section 6 Township 20 South, Range 31 East, Seminole County, Florida, run West 100 feet to the center line of Nellonvllle Avenue~ run thence North along said center line 1512.58 feet, run thence North 89 degrees 57 minutes 30 seconds East 371.6 feet to the point of beginning; run thence North O degrees I minute East 91.95 feet, run thence South 89 degrees 5? minutes 30 seconds East 225.85 feet, thence run South 0 degrees I minute West 91.95 feet, run thence North 89 degrees 5? minutes 30 seconds West 225.85 feet to the point of beginning; and the following buildirgthereon to-wit: Building No 12 Steam Plant Block D described as follows: Beginning at a point 150 feet West and 1415.5 feet North of the S.E.corner of S.W.1/4 of Section 6, Tov~ship 20 South, B~nge 31 East, Seminole County, Florida, run North 89 degrees 54 minutes 30 seconds West 732.9 feet, run thence North 36 degrees 50 minutes West 291.? feet, run thence North 50.1 feet, run thence South 89 degrees 54 minutes 30 seconds East 90?.8 feet, run thence South 283.3 feet to the point of beginning; and the following Ouildlng thereon to-wit: Building No.16 Recreation Block E described as follows: Beginning at a point 150 feet west and 25 feet north of S E corner of the S ~ 1/4 of Section 6, township 20 South Range 31 East, Seminole County, Florida, run North 89 degrees 51 minutes l0 seconds West 556.45 feet along the northerly right of way line of Onora Road to the Easterly rlght of way line of the Atlantic Coast Line Railroad , run thence in a Northwesterly direction along said Right of ~ay line 352.95 feet, run thence North 25 degrees I minute 20 seconds East 460.0 run thence East 383.0 feet, run thence south 471.65 feet, run thence East lll.9 feet, run thence South 273.1 feet to the point of beginning. Block F described as follows: Beginning at a point 150 feet west and 2298.8 feet North of the S.E. Corner of the S.W1/4 of Section 6, Township 20 S, Range 31 East, Seminole County, Flarlda, run North 89 degrees 54 minutes 30 Beconds West 500.8 feet, run thence North 0 degrees, 31 minutes East 684.05 feet to the Southerly right of way line of Wylly Avenue, run thence North 89 degrees 51 mlnutes east along said Right-of-Way line 444.5 feet, run thence south 153.9 feet, run thence South 89 degrees 54 minutes 30 seconds East 50 feet, run thence South 534.1 feet to the point of beginning and the following building thereon to-wit: Building No 14 B.O.Q. Also the personal property described in an inventory there~E attac~ed ~ereto and marked Exhibit B and made a part hereof. TO HAVE AND TO HOLD the above described real property buildings and personal property with all the rights, privileges and appurtenances thereunto belonging, unto the LESSEE for a term of ninety-nine years, beginning on the first day of January ,A.D.1949 and ending on the 31st day of December A.D. 204?, unless the said term shall be sooner terminated as hereinafter setforth. MINUTES City Commission, Sanford, Florida,_.. Au~us~...2~...a~....I:3-fl--R--E ....._19_~ LESSOR as rental for s~ld demised real and personal property an annual rental of $13,O00-O0 in advance for the first twenty-five years of said term and the sum of ~lO.O0 annually for the remainder of said term, which said rental shall be oayable as follows: The sum of $13,000.00 on or before Septemer let, 19~8, which shall constitute payment of the rental for said premises for the year 1949; the rentals for the remaining twenty-four yeera of the first twenty-five years of said term shall be payable in advance either in annual installments of $13,000.00 or semi-annual ins%aliments of $6,500.00 as the LESSEE may elect; if said rent is paid annually the same shall be paid on or before the first day of January of each year, and if paid in equal semi-annual installments the same shall be paid ~--~ ~-" of ~ ......... and on on or before the first day of January, ~nd ~ cr ~-^ +~- or before the first day of July of each year; and at the end of twenty-five years from the first day of January 1949, said rental of $10.00 shall De paid annually in advance for the remainder of said term of ninety-nine years. (b) It is hereby covenanted and agreed that all of said payments shall be made at the office of the City Clerk of the LESSOR or at such place or places as the LESSOR m~y from time to time designate in writing, and without any deduction whatsoever and in lawful money of the United States. This lease is made subject to restrictions hereby agreed upon by Conditions. the following terms, conditions, coven8nts and and between the LESSOR and the LESSEE, to-wit i TITLE This lease is made subject to that certain quitclaim deed dated the 2?th day of Nay,1968, and recorded in Deed Book 1~9, Pages 2?9-295 of the public records of Seminole County, Florida, from the United States of America to the LESSOR, and to all of the terms, conditions, covenants, restrictions, and reverter provisions in said deed contained , and any and all Federal Government regulations of any kind, now or hereafter affecting such property, and it is understood and agreed that the title of the LESSOR to the property hereby leased and let is based upon said quit-claim deed. The LESSEE assumes the oOllgatione imposed on the LESSOR under said deed in so far as the property hereby demised, leased and let is concerned. There shall be no liability on the LESSOR on account of the exercise by the United States of America of any of the rights reserved by it in said quit-claim deed. In the event the United States Government shall, as provided in said quit-claim deed from it to LESSOR, pay a f~ir rental for any use, control, or possession, exclusively or non-exclusively of any improvements to said airport made without United States aid, LESSEE shall be entitled to the rental paid for improvements made by LESSEE and used by the United States. A true and correct copy of said deed, except the list of personal property thereto attached, and evidences of authority attached thereto, is hereto attached and marked Exhibit C and made a part hereof. 2. The LESSEE has inspected the property hereby leased and let and accepts the same in its condition as and of the let day of January A.D.1948. 3- Taxes. The LESSEE shall, in addition to the rentals hereby reserved, pay or cause to be paid before they become delinquent, all taxes, assessments and charges for water, sewage disposal, gas, electricity, and any other utilities and any and all other imposi- tions, general or special, ordinary or extraordinary, of every kind and nature assessed, levied or imposed by any taxing authority upon said demised real property, Ouildings or personal property, or any part thereof, or upon any Dullding or buildings from time MINUTES City Commission, Sauford, Florida, ~ 23 at 7:0 P M 19 48 the LESSOR in or under this lease or upon its reversionary estate in said premises, said obligations on the part of the LESSEE to continue throughout the term of this lease. The LESSEE shall likewise pay before they become delinquent any and all taxes that may be levied by any taxing authority upon this lease or leasehold interest. The LESSEE shall deliver to the LESSOR within thirty (30) days after the payment of any taxes, assessments or other impositions, the receipts or duplicate copies thereof show- ing payment thereof, Should the LESSEE for any reason fail to pay such taxes, assessments and impositions before they become delinquent and when and where the same shall become due, then the LESSOR shall have the right at its option and without waiving its right to declare a forfeiture of this lease by reason of such default, to pay the same together with such penalties as may be accrued, and charge the same against the LESSEE, whereupon the same, together with all penalties and interest, shall forthwith become due and payable by the LESSEE to the LESSOR with interest thereon. 4. AS~SESSNENTS FOB PUBLIC IMPROV~ENETS. The LESSEE shsllpay, before they Become delinquent, any and all assessments which may be made by the LESSOR or its successor or successors, for any publlc improvements affecting the real property hereby lease and let, and which are ordinarily assessable ~gainst real property. 5. USE AND CARE OF PREMISMM. The LESSEE shall not permit or suffer the Commission of waste of the proper~y hereby leased and let, nor said premises or the buildings thereon, to be used for any vicious, illegal or immoral purposes or for any purpose that will substan- tially increase the rate of insurance thereon, or for any purpose in violation of State Laws, Federal Laws, or municipal ordinances, rules or regulations now or hereafter in force and applicable thereto; and the LESSEE shall conform its operations and usem of the leased property with all laws, ordinances, rules and regulations of the United States of America, the State of Mlorida, and the LESSOR and of all public authorities, boards or officers relating to said premises, and relating to health and safety and shall keep and maintain said premises and buildlngs and every part thereof and all sidewalks and areas adjoining the same in a Clean, safe, secure and wholesome condition. 6. _MAINTENANCE OF BUILDINGS. The LESSEE shall maintain at its own expense all of the aforesaid buildings and additions thereto and fixtures therein, and at its own expense keep the same in a state of sound condition and repair. This provision shall likewise apply to any building or buildings that may be constructed on the leased premises. ?. NEW BUILDINGS TO BECOME PROPERTY OF LESSOR. Any building or buildings erected on the leased premises and all additions thereto and fixtures thereon shall ~e and ~ecome a part of the land upon which erected, and shall not be removed by the LESSOR before or at the termination of this lease, by lapse of time or otherwise, except this provided in paragraph 8. REMOVAL OF BUILDINGS. None of the buildings hereby leased and let or replacement or replacements thereof or additional building or buildings shall be removed by the LESSEE unless by reason of age the same shall become incapable of repair; in which ewent the LESSEE may, with the written approval of LESSOR, remove such building or buildings so incapable of being repaired. ~n the event of the removal of any building or buildings by the LESSEE the LESSEE may erect at its own expense in place thereof another building or buildings, in value equal to or greater than the building or buildings so removed. The plans and specifications for any building or buildings oronos~d MINUTES Florida, August 23 at 7:30 P City Commission, Saniord, .................................. ¥-"¥ "'-: ........... : ............ and the LESSOR against any and all liens, claims, levieS, attachments, demands, costs, expenses, loss or damage in relation thereto, and the work and labor done thereon and the materials furnished therefor and against all claims and demands of contractors, subcontractors laborers, materialmen and all other persons in respect thereto. The LESSEE shall, in no event, have power, authority or right hereunder to incur and create any obligation in such respect to said premises, buildings, or improvements which shall create or constitute a lien or claim in favor of himself or a ~nzrd party against the right, title and interest of the LESSOR in or to said premises, buildings or lmprovments which may now or hereafter be erected thereon and notice is hereby given to all persons furnishing labor or materials therefor that any liens therefor shall attach only to the leasehold interest hereunder and be subordinate to all of the rights, title and interest of the LESSOR in and to said premises, buildings and improvements under this lease. The materials of any building removed hereunder shall be the property of the LESSOR . 9. INDEMNITY FOR LESSOR AND OTHERS. The LESSEE shall keep the LESSO~. harmless and indem- nified at all times against any loss, cost, damage or expense b~ reason of any accident, loss, casualty or damage to person or property sustained by any of LESSOR'S employees, patrons, guests or anyone else while on or occupy ir~ any of the leased premises and while using or operating any of the leased personal property, and to that end to maintain at all times, in full force and effect, insurance against liability for damage sustained by negligence of the LESSEE, its agents, servants, employees, or sub-tenants or by reason of any accident, loss, casualty or damage resulting to any person or property through any use, misuse or non-use of said premises or personal property or by reason of any act or thing done or undone on, in or aOout said premises, or in relation thereto, lO. ALTERATIONS, FIXTb~ES, etc. The LESSEE shall have the right, at its own expense, to make alterati ~ns, attach fixtures and erect partitions and signs in and upon t~e ouildings hereby leased or any replacements or additional buildings on the premises, subject to any and all building restrictions now or hereafter imposed by the LESSOR or other authority and to inspection by the LESSOR or its duly constituted representative; but LESSEE, if required by the LESSOR, shall upon the termination of this lease, restore said premises to the same condition as that existing at the time of the LESSEE'S entering upon the s~me under this lease, reasonable and ordinary wear and tear and damage by war, fire, flood, windstorm or any of the other elements or by circumstances over which the LESSEE has no control, excepted, except however, that if the LESSOR requires such restoration, the LESSEE shall be given written notice by the LESSOR at least thirty (30) days before the termS_nation of this lease. ll. RESPONSIBILITY FOR PERSONAL PROPERTY. The LEssEE ~ccepts full responsibility for all of the personal property hereby leased and let and shall furnish the LESSOR with a good and sufficient bond in the sum of not less than Five Thousand Dollars (~5.000.00) with a surety authorized to do business in the State of rlorida as surety thereon, and conditioned to pay the LESSOR the value of any of said property that may be lost, stolen or destroyed, excepting however, any of said personal property that may be and to pay for any damage to any of said personal property, Said bond shall De continually kept in force for the first destroyed Dy fire, or %he elements, other than ordinary wear and tear. ten (lO) years of the term of this lease. 12 REPAIR, leased and let REPLACE~fENT OR SUBSTITUTION OF PERSONAL PROPER_~TY. The personal property hereby shall be kept by the LESSEE at its own expense, in ~ state of sound repair MINUTES 235 ..... Cit7 Oommission, $~nford, Florida,__.~m~;us% 2_~ ~__~_:.}.0 ~ ~ 19.....~ or added to and subject to the terms of this lease, and any personal property replacing or being substituted for any of the personal property hereby leased and let, shall be and become the property of the LESSOR and subject to the terms and conditions of this leasa There shall be no obligation on the LESSOR to replace any of the personal property which has become obsolete or been consumed in the use thereof or by ordinary wear and tear and there shall be no diminution of rent by reason thereof. 13 ~ERSONAL PROPERTY NOT TO BE ~E?OVED . The LESSEE shall not remove any of the aforesaid personal property from the said former Naval Air Station without the written consent of the LESSOR, but may remove the same from one building to enother as its need may require. If the LESSEE desires to substitute any of said personal property with personal property ot its own, it may do so upon preparing the same for storing and storing at its own e~pense the per- sonal property replaced, at such place or places as may be designated by the LESSOR, but, there shall be no diminution in the rent payable hereunder by reason of such substitution or replacement. 14. INSPECTION OF PROPERTY BY LESSOR. The LESSOR shall have the right to enter upon all of the real property and buildings hereby leased and let, and inspect the personal property hereby leased and let at any time during ordinary business hours during the term of tnis lease, for the purpose of inspecting the property leased and let, to determine whether the terms and conditions of this lease are being observed and carried out by the LESSEE, and for any other purpose necessary or proper in said property. 15. RESERVATIONS OF ROADS, etc. for the reasonable protection of LESSOR's interest LESSOR hereby reserves all existing streets, roads, parkways and sidewalks now laid out on said Sanford Naval Air Station property with the right to acquire such amouat as may be reasonable of the property hereby leased and let for the purpose of widening said streets, rosds, psrkways, or sidewalks without compensation to the LESSEE for any part of the property so taken for such purpose. 16. STEAM PLANT On or before September first of each year during the term of this lease, the LESSEE shall give notice in writing to LESSOR stating whether or not it intends to operate the steam plant upon the premises during the ensuing winter season, which shall mean the period from October let to May 1st. Upon failure of LESSEE to give such notice or upon giving statement of intent by the LESSEE not to operate such plant at any time during the ensuing season for which notice was intended LESSEE may, at its option, enter upon the premises and operate or have operated, said stesmi plant for such purposes and for the benefit of such parties as it desires. l? RESERVATIONS FOR UTILITY PURPOSES. The LESSOR hereby makes reservations of so much of the property hereby leased and let as may be reasonably necessary for any and all kinds of utility services and purposes, with the right to enter upon any of said property for the installation, maintenance, repair, removal or transfer thereof. 15. RESERVATION OF UTILITY AND SEWAGE LINES . The LESSOB hereby retains and reserves all utility lines, water pipes and lines and sewage pipes and lines now on the property here- by leased and let with the right to enter upon or under such property for the purposes of maintaining, repairing or changing the location thereof or the removal thereof. 19. D~¥.~GE BY FIRE OR ELEMENTS. There shall be no obligation on the part of the LESSOR to keep the buildings or any replacement or replacements thereof, or any additional building or buildings, or said personal property insured against loss or damage by fire, flood , war MINUTES City Commission, Sanford, Florida,..~n~at...23__at--7--:-~0---R--l~ ........ 19.1~. two arbitrators appointed by and umpire are not unanimous shall be binding. untenantable, and if the LESSOR elects not to restore such building or buildings, the rental aforesaid shall be diminished in the proportion that the value of the building or buildings so destroyed or damaged shall bear to the value as of the date of loss of all of the buildings hereby leased and let. If the LESSOR and LESSEE cannot agree upon the value as aforesaid, the same shall be determined by arbitration, by the aopointment of a.n arbitrator by ~he LESSOR and the aopointment of an arbitrator by the LESSEE, and the appointment of an umpire by the the LESSOR and the LESSEE. In the event that the arbitrators in their decision of the question, the judgment of any two 19 (a) The LESSEE, at its option, may determine to its satisfaction the amount of the necessary hazard insurance~(hazard insurance to be inclusive of I~ire and windstorm ) to adequately insure the demised premises or any part thereof, and may pay unto tile LESSOR, the amount of annual premium which may be necessary to carry such sums of hazard insurance, and upon receipt of such amount, by the LESSOR and the LESSEE,the LESSOR does hereby covenant and agree that it will place such hazard insurance as designated by the LESSEE with an insurance company or companies acceptable to the LESSEE, such oolicy or policies to be made payable to the LESSOR and the original policy to be held by the LESSOR. In the event of any partial or comolete destruction of said property by virtue of fire, windstorm, or other insurable cause, then the proceeds of such insurance monies shall be employed by tile LESSOR to the restoration of said property if the destruction thereof is only partial and to the construction of such other building on the premises as may be constructed with the said proceeds, without any liability on the part of the LESSOR to advance any additional monies for either purpose; and in the even% of the restoration of said property, in the event of partial destruction, or in the event of the construction of a new building on said premises, if said destruction is complete, this lease shall continue in full force and effect, subject however to an abatement of rent as stated in paragraph 19 for the period of unavailability of the premises. 20. ASSIGNMENT OF LEASE~ SUBLETTING: This lease shall not De assigned without written consent of the LESSOR,but the LESSEE at any time that it is not in default in any of %he terms, agreements, covenants and conditions of this lease, but not otherwise, may sublet an entire building or buildings, not including Building No. 12 (Steam Plant), (but not more than three buildings to any one individual, person, firm or corporation, or portions of any building hereby leased and let or any replacement or replacements or additional building or buildings, except the Building Number 12 ( Steam Plant) to responsible tenants for any lawful business or use, whose rights as sub-tenants shall always be subject to and subordinate to the rights, title and interest of the LESSOR hereunder, and such subletting shall not relieve the LESSEE from its responsibility to carry out the terms of this lease, and the LESSOR shall not be required to look to any sub-leasee or sub-tenant for the performance of any of the covenants required to be performed by the LESSEE hereunder; and the LESSEE shall con- tinue to be bound by all of the terms, agreements and covenants and conditions hereof. 21. EXHIBIT OF LEASE TO SUB-LESSEE. of the buildings hereby leased and let, her or their examination. upon The LESSEE shall, before it sublets any portion exhibit this lease to the proposed sub-lessee for nis, 22. SERVICE OF NOTICES. Whenever it shall become necessary or desirable to serve notice one party ay the other, said notice shall be in writing or printing and may be sent 0y MINUTES 227' City Commission, Sanford, .................... Florida,..... Au~us..t._2~_.a~.....7.k:X0 p_M _19 48 shall, for all purposes, be deemed notice to each and every one of their predecessors in interest respectively, and to all persons holding under or through them. 2~ CONTINGENCIES CONSTITUTING A BREACH HEREOF. In the event any levy, lien , ment shall be made against the interest of the LESSEE or if any other proceedings at in equity be instituted to subject said premises or any part thereof to the payment of any claim, debt, liability or damages of or against the LESSEE, or the LESSEE shall become in- solvent or bankrupt, or if proceedings for receivership or bankruptcy shall be instituted against it, or if it shall make an assignment for the benefit of creditors, or if it in any manner seeks, permits, or suffers the fee or the leasehold interest hereby created to be transferred, or encumbered by operation of law, or otherwise Jeopardized, hypothecated, or encumbered, then and in any such event, or in the event of the same or similar legal or equitable consequence or effect or the ~harter of LESSEE is forfeited, such event shall be deemed to constitute a breach of this lease, at the option of the LESSOR so as to terminate all rights, privileges, and interest of LESSEE herein and hereunder, unless however, the LESSEE shall, without the necessity of demand or notice from the LESSOR obtain and procure within thirty (30) days after the ss~me shall have been done, instituted, filed , or made or asserted, a discharge, release, cancellation or withdrawal thereof, or within like period bond the same off from said premises and leasehold interest and relieve said leasehold interest and the LESSOR'S interest herein and in said premises therefrom. The failure of the LESSEE to pay any of the rentals, taxes, or any of the sums in the manner and time hereinbefore provided, and the continuance of such failure for a period of thirty (30) days ( inset in~ pencil: "Why not 90 days?") or to keep, fulfill or perform any of the other terms, provisions, agreements, covenants and conditions herein contained, on its part to b e kept, fulfilled and performed, and the continuance of such failure for a period of sixty (60) days after notice in writing from the LESSOR to LESSEE of such failure, sh~ll likewise constitute a breach of this lease, at the option of the LESSOR, so as to ~erminate all rights, privileges and interest of the LESSOR, herein and hereunder. In the event of a breach of this lease, the LESSEE shall and will pay to the LESSOR all costs, reasonable attorney,s fees, and other expenses which may be incurred by the LESSOR in enforcing their rights hereunder and other also suc~ actual damages as the LESSOR m~y actually sustain by reason of said breach or default. Waiver of one or more defaults by the LESSEE hereunder shall not constitute a waiver of any other subsequent defaults. 24. INTEREST. Should any installment or installments of rent or other p~yments provided for under the terms of this lease be not paid when due, the same shall ~ear interest from ~he date the same ~ecome due, at the legal rate of interest then authorized ~y the statutes of the State of Florida for contracts bearing interest when the rate of interest is not specified or in the absence of such statutory rate, then at the legal rate then prevailing. 25. This lease is subject to approval by t~e Civil Aeronautics Administrator. IN WITNESS Mayor, and LESSEE has and its corporate seal hereunto affixed by its secretary, above written. WHEREOF the LESSOR has caused these presents to be executed in its name by its attested and its corporate seal hereunto affixed by its City Clerk, and the caused these presents to be e×ecuted in its name by its president and attested as and of the day and year first or attach- law or MINUTES City Commission, Sanfo~d, Flo~ida,_..A~ ~....~3._...~,~....1; 3 Q P_..M .......... 19 ~ . Signed, sealed and delivered in the presence of: CITY OF SAN?ORD, FLORIDA By_ I~syor Attest: Its City Clerk. As to City of Sanford, Florida. As to Fellowship Foundatio~ By. FELLOWSHIP FOUNDAT ION Its President and Board ~ember Attest: Its Secretary and Board Member. by Commissioner Chase next the Clerk, moved its passage and adoption. Seconded by Com~issioner Krider end carried by the following vote of the Commissioner Carrawsy Aye ,, Chase Aye ,, Krider Aye Said resolution being in words and figures as follows: introduced Resolution No. 734 and after being read in full Commission: RESOLUTION No. 734 A RESOLUTION OF THE CITY CON~ISSION OF THE CITY OF SANFORD, FLORIDA, AUTHORIZING THE CITY CLERK TO ENDORSE IN THE NANE OF THE CITY OF SANFORD TO FELLOWSHIP FOUNDATION CERTAIN CHECKS PAYABLE TO THE CITY OF SANFORD. WHERE~S, Fellowship Foundation, a Florida corporation not for profit, to which the City of Sanford, Florida has agreed to make a ninety-nine year lease for certain lands, buildings and personal property, located at what was formerly Sanford Naval Air Station, upon its solicitation for funds to carry out its purposes, is receiving a large number of checks payable to the City of Sanford, Florida, and which checks were made payable to the City of Sanford, Florida without its knowledge, end said checks should be endorsed to Fellowship Foundation: NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Sanford, Florida, that %he City Clerk of said City be and he is hereby authorized to endorse in the name of the City to said Fellowship Foundation without recourse the above mentioned checks payable to City of Sanford, Florida. BE IT FURTHER RESOLVED that this Resolution upon its passage and adoption. Passed and adopted on this 23rd day o f August , shall become effective immediately 1948. Andrew Carrawa~ Acting [ayor. Randall Chase John Krlder Attest: H.N.Sayer City Clerk. (SEAL) As the City Commission of the City of Sanford, Florida. MINUTES ',~"" City Commission, Sanford, Florida,.__.~k~_.~.;_.~._.~.;.._~_:~__.0' p N 19 48 There being no September l, 1948. Attest: ~ ity~C1 erk. further business the meeting then adjourned until 2:00 o'clock MINUTES City Commission, Sanford, Florida, Se~temb.~r. 1, _2...P_~ ............ 19...1~ The City Commission of the City of Sanford, Florida met in adjourned session at the City Hall in the City of Sanford, Florida, at 2:00 o'clock P ..¥.Seotember l, 19bS, Present: Commissioner Andrew Carrawsy, Acting ~ayor. , Randall Chase John Krider Sr. Absent: City Attorney Fred R Wilson City Manager & Clerk H N Sayer Deouty City Clerk Gordon L. Bradley Commissioner Robert A Williams, ~ayor. Lea R.Lesher. Meeting called to order by the Chairman. Further consideration next ~iven to the existing fire hazard at the Municipal Airport created by the aviation gasoline left in the twelve underground storage tanks by the Navy for the purpose of preserving the lining of the tanks. Thereupon after considerable discussion, Commissioner Chase moved that the City ~anager dispose of the gasoline and fill the tanks with water, in order to eliminate the public hazard caused by the aviation gasoline being stored in said tanks. Seconded by Commissioner Krider and carried. Consideration next given to the request of the Fellowship Foundation to lease the Synthetic Trainer Building and the Laundry Building at the airport, and also to lease that portion of t~e airport property east and south of the runways for farm and grazing purposes. Thereupon after considerable discussion and on motion duly adopted, the Commission offered to lease the Fellowship Foundation the Synthetic Trainer Building for a period of ten years at a rental of $2,400.00 per year, the Laundry Building for a period of ten years at a rental of $960.00 per year, and the ~ack portion of the airport property for farm and grazing purposes for a period of ten years at a rental of $1,000. O0 per year. The Commission then proceeded to sit as a Tax Equalization Board to give further consideration to the complaints registered as to the assessed valuations on t~e 1948 Tax Roll. The following action was next taken wltn respect to complaints as to individual valuations presented to the Board at its meeting of August loth and other complaints fiSed since that time: Name Description Assessed Valuat ion Complaint Action of Board ~argaret Ann Super Markets Personal property 15,350.00 Chase & Co. Personal Property (Except at Nkt) 169.450.00 Claims too high ~.(ore than actual Inventory value No change Reduced to $116,610.00 (Book value shown in evidence) Chase & Co. Personal property at Market l, 450. OO More than actual Inventory value Reduced to ~60.00 (Book w~lue shown in evidence.) The Polar Bear Personal Property 4,930.00 ~ore than actual Inventory Value Reduced to $~,OO0.00 (Book value shown in Evidence) Stoudenmire's Variety Store Personal property 1,250.00 Haynes Office Machine Co. Personal Property 1,470.00 Hore than actual Inventory Value ~ore than actual Inventory Value Reduced to $950.00 Reduced to $720.00 (Book value shown in evidence) .... · .. ~ ~n nn a~m~ tan hi~_h be- Reduced to $18,O00.00