HomeMy WebLinkAbout090249-Special Call SessionMINUTES
City Commission, Sanford, Florida,_ _.5?..P.!L ~._~_t__3_.:_0_O___P_~ ........... 19.49
The City Commission of the City of ~anford, Florida, met in Special Call Session
at the City Hall in the City of ~anford, Florida at 3:00 o'clock P.M. September 2, 1949.
Present: Commissioner Andrew Carraway, Mayor.
Randall Chase
" F A Dyson
" John Krlder, Sr.
" W.H.Stemper
City Attorney A.Edwin Shinholser
City Clerk H.N. Sayer
Absent: City Manager, Clifford McKlbbin Jr.
Meeting called to order by the Chairman who announced the meeting had been called
for the purpose of considering the acceptance of release from Sanford-$eminole Company
Inc. of their twenty-five year lease on the Municipal Golf Course, and also to consider a
proposition of Mr. Clyde Terwllleger to lease the golf course from the City.
All members of the Board being present, the Commission then unanimously waived the
requirement of twenty-four hours written notice of the call of this meeting.
Mr. John D. Ivey, President of Sanford-Seminole Company, Inc. then appeared before
the Board and stated that they were without funds to continue operating the golf course in
accordance with their lease agreement with the City dated November l, 1945, and that the
stockholders and Board of Directors had held a meeting at 8:00 o'clock P.M. September 1,
1949, and authorized the release and immediate surrender of the property to the City.
Mr Ivey then submitted the following executed release, which was ordered filed:
KNOW ALL MEN BY THESE PRESENTS, That Sanford-Seminole Company, Inc, a corporation,
organized and existing under the laws of the State of Florida with its principal place of
business in Sanford, Florida, the present owner and holder of that certain lease made and
executed by City of ~anford, Florida, a_municipal corporation, unto it dated November l,
1945, wherein and whereby said City of anford, Florida, leased , let and rented unto
said corporation the municipal golf course as described therein and all personal
property situate thereon for a period of twenty-five years from and after November l,
1945, in accordance with the action of the Board of Directors and stockholders of said
corporation had and held at eight o'clock P.M. on September l, 1949, does hereby admit
that it can no longer comply with the terms of said lease by which it is required to keep
and maintain the golf course described in said lease as an eighteen hole golf course of
an aggregate 6,000 yards in length with fairways of standard width in a good playable
condition, and does further admit that it is without assets to carry on and maintain said
golf course, and further admits that it is without ability to longer comply with any of
the terms, conditions and provisions of said lease, and by these presents it admits that
a motion was passed and adopted by the stockholders and Board of Directors of said
corporation at its meeting had and held at eight o'clock P.N. on September l, 1949,
that said property should be forthwith and immediately surrendered to the City of Sanford,
Florida, a municipal corporation, and that all of the terms and conditions of said lease
be by the governing body of the City of Sanford, Florida, cancelled for non-performance
of the terms and conditions of said lease by said corporation.
And the undersigned corporation further does hereby forever release, relieve and
discharge City of °anford, Florida, a mmniclpal corporation, of and from all liability
or responsibility arising to it from said City under the terms and c onditions of s aid
lease.
IN WITNESS WHEREOF Sanford-Seminole Company Inc. has cuased these presents to be
executed by its President and its corporate seal to be hereunto affixed attested by its
~cretary on this the day and year first above written.
SANFORD-SEMINOLE COMPANY,
By John D. Ivey
Its President.
INC.
Signed, sealed and delivered
in the presence of:
Garland W.Spencer
Attest: B.L. Perkins Jr
Its Secretary
(SEAL)
Dorothy W. Swaim.
Mr. Ivey and Mr. G.W.Spencer next advised the Commission that ~ .n ~na.~vo~ +.~ ~o_
MINUTES
City Commission, Sanford, Florida,.....$.~.P.~...~.~....~...3..!.~....P....~ ................. 19..?
sltion that would be beneficial to the City, and recommended that it be accepted.
Nr. Terwilleger then offered the following proposal to lease the golf course
from the City: Term of lease for ninety-nine years at a rental of $1.00 per year;
to maintain and operate it as an 18 hole golf course as long as it is profitable during
the term of the lease, but at such time an 18 hole course is not profitable, and upon
submission of such proof by the lessee, the City will agree to the operation of a nlne
hole course; the right to remove the existing club house and erect a new club house
thereon at a cost of approximately $20,000.00 , ( which would be constructed immediately
in accordance with the plans and specifications submitted to the Commission at this
time) and the right to sell certain lots for building sites from the property, to be
designated by the City, which would not interfere with the operations of the golf course.
Thereupon after considerable discussion and on advice of the City Attorney that
the foregoing release from Sanford-Seminole CoInc. was not valid because a majority of
its stockholders were not notified of the meeting, nor represented at said meeting
at which the release was authorized, it was the opinion of the Commission that the
City was not in a position to enter into a lease agreement with Nr. Terwilleger at
this time, and hie proposal was taken under consideration, pending the City's legal
possession of the property.
Consideration was next given to the City taking over physical possession of the
golf course and operating and maintaining it, in order to protect its interest in the
property.
Thereupon Commissioner Krlder moved that that the City Nanager appoint a caretaker
temporarily to take over the operation of the golf course immediately, and that a
certified inventory be taken of all salable merchandise , and an accurate accounting be
made of all sales.
Seconded by Commissioner Dyson and carried.
There being no further business the meeting adjourned.
Attest:
Maxtor. ~