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061250-Regular SessionMINUTES H.4075O City Commission, Sanford, Florida,_._.J~ne..12..a.~.....~.:.l~...M ...................... 19 50 The City Commission of the City of Sanford, Florida met in regular session at the City Hall in the City of Sanford, Florida, at 8:00 o'clock P M. June 12, 1950. Present: Commissioner Andrew Carraway, Mayor " Randall Chase " F A Dyson John Krider " W.H. S temper City Attorney A. Edwin Shlnholser City Manager Clifford McKibbin Jr. City Clerk H.N. Sayer Chief of Police R.G.Williams Meeting called to order by the Chairman. The first order of business being a Public Hearing to consider re-zoning certain district of the Zoning Ordinance; the Chairman directed the reading of the following legal notice of the Hearing published in the Sanford Herald on May 26 and June 2, 1950. NOTICE OF PUBLIC HEARING ON PROPOSED CHANGES AND A~ENDMENTS IN CERTAIN DISTRICT 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 the City Commission in the City Hall in the City of ~anford, Florida, at 8:00 o'clock June 12, 1950, to consider the following changes and amendments to the Zoning Ordinance of the City of Sanford, Florida: The property Zoned in District R-2 ( Multiple Family) described as Lots ? to 18 , inclusive, of Teague's Addition, and bounded on south by 25th Street ( Geneva Avenue) west by alley between Park Avenue and Oak Avenue, north by Pine Heights Subdivision, and east by alley between Park Avenue and Palmetto Avenue, is pro- posed to be changed to C-1 (Commercial-Retail) District. All parties in interest be heard at said hearing. By order of the City Commission of of NaN , 1950. and citizens shall have an opportunity to the City of Sanford, Florida, this 25th day ~H.N.Ssyer As City Clerk of the City of Sanford, Florida. The Chairman then announced that the Commission would be glad to hear from any interested parties objecting to re-zoning the property described in the foregoing notice. There being no objections registered, Commissioner Dyson moved that the Zoning Ordinance be amended so as to transfer the property described in the foregoing notice from District R-2 ( Multiple Family) to District C-1 (Commercial-Retail) and that the City Attorney prepare the necessary ordinance for adoption. Seconded by Commissioner Chase and carried. The Commission then adjourned the Public Hearing and reconvened to handle other business to come before the regular meeting. Minutes of adjourned meeting of May 15 , and regular meeting of May 22, 1950 next approved. Monthly reports of Streets, Sanitation, Health , Water, Police, Fire, Airport, and Library Departments for month of Nay 1950, submitted and examined. Financial statement and statement of revenues and expenditures for month of Nay 1950 ¸90 MINUTES Ci(3r Commission, Sanford, Florida,... Junel2, at.. 8 P. N 19 5O On motion duly adopted, the Commission ne×t sDproved and anthorized payment of current invoices and p~yrolls for month of May 1950, subject to aoproval of Finance Committee, as evidenced by Voucher Nos 4604 thru Mr Fred R.Wllson, Attorney , next appeared on behalf of J.C.Robertson and submitted request for transfer to him of lea~e to Perishable Transport Service covering part of the water plant property on ?rench Avenue, and offered to pay $200.00 in settlement of the delinquent rent in amount of $40~00 per month for period September, 1949 thru May 1950, which would represent payment of rent from January l, 1950. Thereupon after careful consideration, Commissioner Stemper moved the approval of transfer of lease to J C Robertson and acceptance of $200.00 in settlement of rent due the City. Seconded by Commissioner Chase and carried. Mr. Edward Higgins, Manager of Seminole County Chamber of Commerce next appeared and outlined their proposed special advertising program for next fiscal year, which would consist of mailing a copy of Sanford Heralds Nail-away edition to the approximately 150,000 inquiries furnished b~ the State AdvertiSing Commission. He stated that the cost of the program would amount to approximately $?,500.00 , and that he had submitted toward such cost, and requested the City to appropriate $2,500.00 a request to Seminole County to appropriate ~2,500.O~7in ne×t f~ac~l y~ar's budget toward financing the program, advising that he could raise the balance of funds from local con- tributions. Matter taken under advisement. Mr. C.H.Moss, resident of Oak Hill Sub~lvision, next submitted a petition signed by the residents of said subdivision making a further recuest for the City to extend water maine and fire hydrants into that area in order to furnish them adequate water supply and fire protection. Matter taken under advisement to be considered in next fiscal year's budget. The following bids next suOmitted for furnishing diesel fuel oil for the wa~er pumping station for one year, which were opened publicly at 4:00 Gulf Oll Corporation Standard Oil Company Orange State Oil Co. Sinclair Refining Co. 9.97 per gal. 9.97 per gal. 10.65 per gal. 9.99 per gal. discount discount discount. Thereupon after comparison of prices submitted, Commissioner Krider moved that the contract be awarded equally to the two lowest bidders on a six months basis each, that of Gulf Oil Corporation and Standard Oil Company at price of $9.97 per gal. less l~ discount. Seconded by Commissioner Dyson and carried. The following bids next submitted for furnishing 5,500 gallons of RC-I-S Cut-back asphalt, which were opened publicly at ~ : P N June 8. Texas Company, Sanford 13.42 per gallon, delivered Mexican Petroleum Co. Tallahassee ll.61 per gallon ,delivered. On motion of Commissioner Stemper, seconded by Commissioner Krider and carried, the contract was awarded to the lowest bidder. The following bids next submitted for furnishing lubricating oil for motor vehicles and equipment for one year, which were opened publicly at 4:00 P.M. June 9: Sinclair Refining Company,Pennyslvanla Oil ?l.3~per gal. ,, , " Opaline Oil ~%.5~per gal. H-40750 MINUTES City Commission, Sanford, ^y~-~ June 12 at 8 P M ,~, =r~ Gulf Oil Corporation Fleet ~_otor Oil o~ · 4 per gal. Gulf Oil Corporation Dlesolube HD .5~ per gal Thereupon after comparison of prices submitted and a_uality of oils bid upon, Commissioner Chase moved the acceptance of bid of Sinclair Refining Company for furnishing Opaline Oil at price of 51.5~ per gallon, and same died for lack of a second. Commissioner Stemper then moved the acceptance of bid of Orange State Oil Company aa the lowest and best bid for furnishing a premium grade oil, the amount of .68 per gallon for Koolmotor oil. Seconded by Commissioner Dyson and carried over the dissenting vote of Commissioner Chase. The following bids next received for furnishing a fog or mist spray machine for insect control work, which were opened publicly at 4:00 P.M. June 8: Pla-Georgia Tractor Co., Orlando Lawrence Aero-Eist Sprayer $1,450.00 Fog, Incorporated, Tatlahaesee Todd Insecticidal Fog Applicator 1,679.58 to the lowest bidder, that of Florida Georgia Tractor Co. for a Thereupon Commissioner Stemper moved that the contract be awarde~TLawrence Aero-Nist Sprayer at price of $1,450.00. Seconded by Commissioner Chase and carried. On recommendations of Junior Chamber of Commerce Safety Committee, Commissioner Chase ne×t moved that the traffic ordinance be amended so as to designate Palmetto Ave and Nagnolia Ave. as thru streets from First Street to Thirteenth Street, excepting at Ninth Street. Seconded by Commissioner Stemper and carried. Commissioner Chase next offered Resolution No. ??8, and after being read in full, moved its passage and adoption· Seconded by Commissioner Stemper and carried by the following vote of the Commission: Commiss loner Carraway Aye " Chase Aye " I son " Krlder Aye " Stemper Aye Said Resolution No. ??8 being entitled: A RESOLUTION OF THE CITY CONNISSION OF THE CITY OF SANPORD, FLORIDA, ON THE DEATH OF FRANCIS D. JOSE, Jr. WHEREAS, on June 5, 1950, death came suddenly to FRANCIS D JOBE~ JR., who at the time of his death was serving in his third year as Journeyman member of the Board of Examiners of electricians for the City of Sanford, Florida, and WHEREAS, in his capacity with such Board of Examiners ?EANCIS D JOBE, JR. had rendered capable, effective service and was held in high regard by his fellow workers and by the officials of the City of Sanford, and his death is a loss to the entire community, therefore, BE IT RESOLVED by the City Commission of the City of Sanford, Florida, that the City Commission does hereby extend its recognition of the fine service rendered by FRANCIS D JOSE, Jr. to the City of Sanford, and does further hereby express its deepest sympathy and sin- cere condolence to the bereaved family of FRANCIS D. JOSE , Jr. and BE IT FURTHER RESOLVED that this resolution be spread upon the minutes of the City Corn- mission , and that a copy thereof be delivered by the of FRANCIS D. JOSE, JR. PASSED AND ADOPTED this 12th day of June , 1950. City Clerk to the bereaved family Andrew Carrawa~v Mayor. J..ohn Krider 92 MINUTES City Commission, San~ord, Florida, ..... .June 12. a~ 8. P .M 19 50 Application next received from James LaSage for transfer to him of permit and license grsnted W.J.Pell to operate a liquor bar and package store at ll2 W. First Street, and on motion of Commissioner Krider, seconded by Commissioner Dyson and carried same was authorized. Offer next received from N B Pope to trade the City the E. 26.56 ft. of Lot 4 of Block 3, Mnrv~nia First, Section, in exchange for City owned lots descrlhed as Lot 13, and W. 108.44 ft. of lots 28, 29 and 30 of Block ~, Marvania First Section. Thereupon after being advised that the W. 108.4~ ft. of lots 28, 29 and ~0 do not abut a street or alley, Commissioner Dyson moved the described property with ~r. Pope. Seconded by Commissioner Krider and ~arried. acceDtance of trade of above Consideration next given to request of ~rs. C.M.Hand for the City to repair dirt street from 20th Street south to her home on 22nd street, of which the cost estimate amount ~o $400.00, and on motion of Commissioner Chase, seconded by Commissioner Stemper and carried, same was authorized. Pursuant to request of Sanford Housing Authority, recommendation next received from Zoning Board of Adjustment that the East one-half of Blocks lO and ll of Tier 16 E.R.Trafford's Nap be re-zoned from R-3 ( single Family) to ~-4 ( Multiple Family), and on motion duly adopted a public hearing was authorized to be held at 8:00 o'clock P.M. July lC, to consider re-zoning said property. The City ~anager next submitted the following bids for furnishing 25 Automatic Parking Meters to be purchased on basis of aoplying 50~ of monthly fees derived therefrom on purchase price: Dual Parking Meter MeGee-Hale Park-O-Meter 58.50 each 50.50 each Thereupon Commissioner Chase moved the acceptance of low bid, Meter at price of $50.50 each. Seconded by Commissioner Krlder and carried. The 99-year lease to Whelchel & Ponder covering municipal golf course property was next submitted for consideration, and on motion of Commissioner Chase, seconded by Commissioner Krider and carried, same was approved and the ~ayor aua Clerk authorized to execute it on behalf of the City. Said lease-agreement being in words and figures as follows: NINETY-NINE YEAR LEASE l, 462.50 1,262.50 ~ that of }~egee-Hale Park-O- THIS INDENTURE OF LEASE, Made and entered into in duplicate this llth day of October 1949, 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, and HUGH C. WHELCHEL and J A PONDER, both of Sanford, Seminole County, Florida, hereinafter referred to as Lessee, w~ether one or more, which expressions, Lessor and Lessee, shall include the successors, assigns, heirs and legal representatives of the respective parties when 1. PRE~iSES AND TER~ The Lessor has demised, the context so requires or admits. W IT NE S SE TH leased and let, and by these presents does demise, lease H-40750 MINUTES City Commission, Sanford, Florida,~._u....n..~ .!~.. ~;.....~..~.._.M. ......................... 19 50. Block 6 of the Bel-Isle Section of Loch Arbor as recorded in Plat book 7 Page 72 of the Public Records of Seminole County, Florida and ~ Begin 30 chains south of the northeast corner of Section 4, Township 20 South Range 30 East, run south 12.83 chains, thence west .1 chains th n ~ w ? ? , e ce north 45 degrees ~ w~st 4 chalns,_th~n~e west 20.04 chains, thence south l0 chains, thence West 5 chains, ~nence~north 55 chains, thence east 20 chains, thence south~O chains, thence east l0 ~f-6]~to the' point of beginning, containing 123 acres,more ~r less ( Less: Beginning at a point on the East Line of Section 4, Township 20 South, Range 30 East, ~Seminole County, Florida, 1951 feet south of the northeast corner of said Section 4 ~run thence South along the east line of said section 106.6 feet, run thence west ~£ 98.9 fe~t, thence N ?l degrees andl4 minutes west 385.5 feet, run thence South 8? degrees ~ 51 minutes and 15 seconds east 464.10 feet to the point of beginning) TO HAVE AND TO HOLD the a~ove described real property and buildings, with all the rights, privileges and appurtenances thereunto belonging unto the Lessee for a term of Ninety-nine (99) years, beginning on the 1Lth day of October, 1949, and ending on the 10th day of October, 204~, unless the said term shall be sooner terminated as hereinafter set forth. 2. RENTALS In consideration thereof the Lessee hereby covenants and agrees to pay to the Lessor as rental for said demised real property an annual rental of Fifteen Hundred (~1500.00) Dollars per year for the first five (5) years of said term, which sum shall be payable Three Hundred ( $300.O05 Dollars per month from January to Nay, inclusive, of each of said first five (5) years, said Three Hundred ($300.00) Dollars being payable on the first of each of said months, and the sum of One (~l.o0) Dollar annually for the remainder of said term, provided, however , that this lease is conditioned that the same shall in no event become effective until Lessee shall first have paid the sum of Five Thousand ( $5OOO.0~ Dollars to the Sanford-Seminole Company, Inc. for application by the Board of Directors of said corporation, exclusive of ED LEVY WHITNER, In their discretl~n~to any indebtedness outstanding against said ED LEVY WHITNER, and, provided further, that at any time within the five (5) year period aforementioned the Lessee shall have the option to apply the funds to be paid as rental as aforesaid under this lease, and Lessor shall have available for such application any such funds previously paid to it, in the construction of a club house, for the construction cost of which Lessee hereby agrees to match dollar for dollar all funds so provided by the Lessor, or applied from rentals due hereunder. The estimated cost of such club house shall be not less than Ten Thousand ($10,000.00) Dollars, and plans for the same shall be subject to approval by the Lessor. All payments of rent hereunder shall ~e made by Lessee at the offices of the City Clerk of the Lessor or at such place or places as the Lessor may from time to time designate in writing and without any deduction whatsoever and in lawful money of the United States. 3. CONDITIONS This lease is made subject to the following terms, conditions, covenants and restrictions hereby agreed upon by and between the Lessor and the Lessee, to-wit: (1) Operation of Golf Course Lessee agrees during the term of this lease to maintain and operate the golf course on the above described property as an 18 hole golf course, aggregating 6,000 yards in length, with fairways of standard width, and the club house and locker rooms as a Country Club, provided however, that Lessee at t~eir option may reduce their operation of said golf course to only 9 holes during the period from June 1 to October 1 of any year during the term hereof, and orovided further that on~r~ttan ne H-40750 MINUTES City Commission, Sanford, Florida, J~tne..12 .~t .8 P]~f ...... 19 50 operate same as an 18 hole golf course, Lessee hereby agreeing to furnish all information, books and records necessary for such inspection and audit; should ~he governing body of Lessor approve reduction by Lessee of the operation of said golf course to 9 holes, and as as often aS such approval may be granted, s aid governing body shall have the right, should it consider conditions changed, at any tlme not less than two yesrs from the granting of any such approval, to require Lessee to resume operation of said golf course as an l~ hole course, for not less than __ consecutive months from such date, Lessor considering in the making of such requirement the expense to Lessee of reactivating the 9 holes which had not been maintained, such resumption being subject to redetermination that operation may be conducted profitably as hereinabove provided. (2) Sale of Buildln~ Sites. Lessor hereby agrees that during the term of this lease building sites from the demised premises will be conveyed to purchasers upon application of Lessee therefor, provided that the sale of any such building site shall not, in the opinion of the governing body of Lessor serving at such time, interfere with the oper- ation of the l~ hole golf course, that no structure shall be built on any of such sites until the plans therefor have first been approved by Lessor, and that the proceeds of any such sale shall be paid entirely to Lessor, and provided, further, that there shall be no liability on Lessor to Lessee or any Grantee should Lessor be held by a Court of competent Jurisdiction to be without power to make any such conveyance; Lessor hereby agrees that any proceeds realized from any such sale, within the first five (5) years of the term of this lease shall be used, to the extent that Lessee shall match such proceeds with equal funds of their own, for construction of a club house on the leased premises as hereinabove provided, and after the first five (5) years, to the extent of such matching funds of Lessee, for such improvements to the golf course as may be approved by Lessor; any such funds remaining with Lessor unexoended for a period of ten (10) consecutive years, may at any time after the expiration of such ten (10) year peTiod be exoended by Lessor in the discretion of its governing body for municipal operations or any other municipal purposes. (3) The LESSEE has inspected the property hereby leased and let and accepts the same in its condition as and of the llth day of October A.D.1949. (4) TaxeR .. The LESSEE shall, in addition to the rentals hereby reserved, pay or cause to Oe 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 impositions, general or special, ordinary or extraordinary, of every kind and nature assessed, levied or imposed by any taxing authority upon said demised real property, buildings or personal property , or any part thereof, or upon any building or buildings from time to time hereafter erected on said real property by the Lessee or upon any personal property hereby leased and let, or which may be levied, assessed or imposed upon the interest of 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 dellneuent 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 (~O) days after the payment of any taxes, assessments or o*~er impositions, the receipts or duplicate copies thereof showing payment thereof. Should the Lessee for any reason fail to pay such taxes, H-40750 MINUTES City Commission, Sanford, Florida!_...gtuna. 12..at...8...l~. N ...................... 19. 50 the same together with such penalties as may be accrued, and charge the same against the Lessee, whereupon the same, together with all p~nalties and interest, shall forthwith become due and payable by the Lessee to the Lessor, with interest thereon. (5) ~ssessments for Public Improvements, The Lessee shall pa~, before they become delinquent, any and all assessments which may be made by the Lessor or its successor or successors, or by any otaer authorized taxing body, for any public improvements affecting the real property ~areby leased and let, and which are ordinarily assessable against real property. (6) ~se and Care of Premises. The Lessee shall not permit or suffer the commission of waste of the property 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 substantially increase the rate of insurance thereon, or for any purpose in violation of State Laws, Federal Laws, or municipal ordinances, rules or regulation now or hereafter in force and applicable thereto; leased property with all laws, America, the State of ?lorida, and the Lessee shall conform its operations and uses of the ordinances, rules and regulations of the United States of 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 buildings and every part thereof and all sidewalks and areas adjoining the same in a clean, safe, secure and wholesome condition. (?) 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 ex- pense 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. (8) New Buildings to Become Property of Lessor. Any building or buildings erected on the leased premises and all additions thereto and fixtures thereon shall be and become a part of the land upon which ~rected, and shall not be removed by the Lessee before or at the termination of this lease, by lapse of time or otherwise, except as provided in Paragraph (9). (9) Removal of Buildin6s. 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 t~e same shall become incapable of repair; in which event the Lessee may, with the written approval of Lessor, remove such building or buildings so incapable of being repaired. In 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 v~lu~ eqdal to or greater than the building or buildings so removed. The plans and specifications for any building or buildings proposed to be erected by the Lessee shall be subject to the approval of the Lessor. The Lessee shall , before com- mencing construction of any new building, furnish and deliver to the Lessor a good and sufficient bond of indemnity or other security acceptable to t~e Lessor, to secure and safeguard said premises 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 shell, in no event, have power, authority or right hereunder to incur and craate anv ob1 l~ntt~n= t= =,,~ ~ ..... + 96 MINUTES City Commission, Sanford, Florida, ... J~se 1.2 a!~ 8...p ~ .... 19 50 or improvements which may now or hereafter be erected thereon and notice ~ 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 rig~hts title and interest of the Lessor in snd to said premises, buildings and improvements under this lease. The materials of any building removed hereunder shall be the property of the Lea- (10) Indemnity for Lessor and others. The Lessee shall keep the Lessor harmless and indemnified at all times against any loss, cost, damsge or expense by reason of any accident, loss, casualty or damage to person or propert~ sustained by any of Lessee's employees, patrons, guests or anyone else wnlle on or occupying any of the leased premises and while usin~ or operating any of the leased personal property, and to that end shall maintain at all times, in full force and effect, insurance against liability for damage sustained by negligence of the Lessee, their a~ents, 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 of any act or thing done or undone on, (11) Alterations~ 'Fixtures, Etc. to make alterations, attach fixtures said premises or personal property or by reason in or about said premises, or in relation thereto. The Lessee shall have the right, at their own expense, and erect partitions and signs in and upon the buildings hereby leased or any replacements or additional buildings on the premises, subject to any and all building restrictions now or hereafter imposed by proper legal authority and to inspect- ion by the Lessor or its duly constituted representative; but Lessee, if required by the Lessor, shall upon the termination of this lease, restore said pr~mises to a condition equal to that existing at the time of the Lessee's entering upon the same under this lease, reason- able 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 (3©) days before the termination of this lease. (12) 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, 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 for the reasonable protection of Lessor's interest in said property. (13) 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 i~ tallation, maintenance, repair, removal or transfer thereof, either to existing buildings and installations herein demised. (14) Damage by fire or Elements. or any hereafter placed upon any part of the pro~ty Lessor shall carry such insurance against fire and/or windstorm covering the buildings now or hereafter existlrg on said dem~ ed property as Lessor shall consider necessary, provided however, that Lessees shall reimburse in full to Lessor any premium or charge paid for such i~urance not less than three (3) months after Lessor shall have paid such premium or charge. There shall be no liability on Lessor for restoration ~F =nv butldln~s on nremises hereby demised which are damaged or destroyed by causes not MINUTES City Commission, Sanford, Florida,_.J_~.q.e.....1.~..~a~....~..~...]/ ........................... 19 50 97 proceeds paid to Lessor by reason of lose as aforesaid shall be applied to restoration of the building or buildings damaged or destroyed, provided that Lessee shall p~y any additional amount required to effect such restoration to substantially equal condition to that prior to such damage or destruction. Should Lessor and Lessee agree not to restore any such build- ing or should restoration not be substantially begun within six months after the damage or destruction shall occur, the Lessor may retain all insurance proceeds received by it to be expended for any municipal purpose. (15) Ass l~ament of Lease, Subletting . The Lessee shall not assign this lease nor sublet the premises or any part thereof without the written consent of the Lessor. Lessee shall exhibit this lease for examination by any prospective subtenant, before requesting such consent to sublease, and the rights of any subtenants permitted by lessor 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 continue to be bound by al~ of the terms , agreements and covenants and conditions hereof. (16) Se ~rvice of Notices. Whenever it shall become necessary or desirable to serve notice upon one party by the other, said notice shall be in writing or printing and may be sent by registered mail with full postage prepaid to the last known post office address of the then Lessor or Lessee who is such of record; and notice to the then Lessor or Lessee of record shall, for all purposes, be deemed notice to each and everyone of their predecessors in interest respectively, and to all persons holding under or through them. (17) Contingencies Constituting a Breach Hereof. In the event any levy, lien, or attachment shall be made against the interest of the Lessee of if any other proceedings at law or 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 insolvent or bankrupt, or if proceedings for receivership or bankruptcy shall be instituted against them, or if they shall make an assignment for the benefit of' creditors, or if they in any manner seek, permit, or suffer the fee or the leasehold interest hereby created to be transferred, or encumbered by operation of law, otherwise jeopardized, hypothecated, or encumbered, except for such transfers as may be authorized under Section 2 of this lease, then and in any such event, or 'in the event of the same or similar legal or equitable consequence or effect, 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 same 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 other sums in the manner and time hereinbefore provided, and the continuance of such failure for a period of thirty (30) days, or to keep, fulfill or perform any off the other terms, provisions, agreements covenants and conditions herein '98 MINUTES __:~. June 12 at 8 P ~ ~a City Commission, Sanford, Flu,,,~, ................ 5O Lessor, so as to terminate 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 also such other actual damages as the Lessor may actually sustain by reason of said breach or default. Waiver of one or more defaults by the Lessee hereunder shall not co~ tltute a waiver of any other subsequent defaults. IN WITHNESS WHEREOF, the Lessor has caused these presents to be executed in its name by its Mayor, and attested and its corporate seal hereunto affixed by its City Clerk, and the Lessee have hereunto affixed their hands and written. Signed,' sealed and Delivered in the presence of: Clifford ~cKibbin Jr. H.M. Watson Gilbert Anelberr~ ? As to Lessee seals, the day and year first above CITY__ OF SANFORD, FLORIDA Andrew Carrawa~ Its Mayor. H.N.Sayer Its City Clerk Lessor Hu6h C Whelchel ( SEAL ) J A Ponder ( SEAL ) Lessee On motion of Commissioner Chase, seconded by Commissioner Stemper and carried, the Commission next authorized the sale of Lots l, 2, 3 and W. ~0.94 ft of Lot 4, of Block 3 Marvania First Section, at price of $4,500.00 to Cecil ROzier who filed application on Feb. 2, 1950, to purchase said property. Those filed application prior to Feb. 2 having been given an opportunity to purchase these lots subject to the deed restriction that construction of home thereon be started within 90 days from date of conveyance of title. In response for recommendations as to purchase of a Nulliken Respirator, Dr. Tolar City P?~slclan, next advised that since Brisson's Funeral Home and both the Police and Fire Departments have good respirators, a new oxygen tent, which is needed for the hospital would benefit more people than another respirator. No action. Chase, seconded by Commissioner On recommendation of Chief of Police Williams, and on motion of Commisslone~Krider and carried, the Commission next authorized the regular employment of George Bell as police patrolman, at salary of $179.60 per month. On further recommendation of City Manager, and on motion of Commissioner Stemper, seconded by Commissioner Chase and carried, the Commission next authorized installation of street light at intersection of Twentieth Street and Jefferson Avenue. Consideration next given to complaints received against the loud exhaust from tractor trucks taat are being used for transportation purposes without trailers and driven in the main section and by churches during service hours,. Thereupon after considerable discussion the City Attorney was directed to prepare the necessary ordinance to prohibit the use of larg~ trucks for such purposes in the aforesaid areas. ~-40~0 MINUTES ~. ., June 12 at 8 P M ,^ 50 Cify Commission, San[ord, rionaa, ................................................................. ~ 99 and had offered to pay for such service. He recommended that the City adopt a policy of collecting garbage outside the City where cans can be olaced on regular City collection routes, and to charge a garbage disposal of 81~ per container per month. Thereupon Commissioner Chase moved the adoption of pollcy as recommended by the City Manager. Seconded by Commissioner Krider and carried. Commissioner Chase next introduced Ordinance No. 471, entitled: AN OROINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 3 of ORDINANCE 256, PASSED AND ADOPTED ON THE 28th DAY OF JUNE,193? SAME BEING AN C~DINANCE REGULATING THE MANUFACTURE, DISTRIBUTION AND SALE IN THE CITY OF SANFORD, FLORIDA, OF BEVERAGES CONTAINING MO~E THAN ONE (l~) PER CENTUM OF ALCOHOL BY WEIGHT, AS AMENDED BY OMDINANCE NO. 360, PASSED AND ADOPTED OCTOBER 16, 1944 AND AS FURTHER AM, ENDED BY ORDINANCE NO PASSED AND ADOPTED APMIL 8, 19~6, SAID SECTION 3 DESIGNATING A ZONE IN WHICH THE BUSINESS OF DISTRIBUTING OR SE.~ LING SAID BEVERAGES MAY BE ENGAGED. and same was placed on its first reading and read in full. There being no further bustm ss the meeting then adjourned until 8 o'clock P.M. June 19, 1950. Mayor.