052652-Regular Session MINUTES
City Commission, Sanford, Florida,_~.~;~....2.~. ~....~}....~.~.....~_~ ............................ 19.~2
H-4~50
The City Commission of the City of 8anford, Florida, met in regular sessiauat the 01ty
Hall in the
City of Sanford, Florida, at 8:00 o'clock P. M. May 26, 1952.
Present:
Commissioners W. H. Stemper, Mayor # Randall Chase
" Andrew Carraway
" John D. Ivey
John L. Kadet
0ity Attorney A. Edwin 8hlnholser.
City Clerk H. N. 8ayer
Acting City Manager John M. Gillon
Chief of Police R. G. Williams
Meeting called to order by the Chairman.
W. R. Williams, owner of property at northeast corner of
25th Street and Park Avenue
next appeared and made a further request for the City to eliminate the triangel park in the
intersection of said streets, and was advised that a request had been made to the State Road
Department to make a further survey of the matter.
G. W. Spencer, Attorney for Hugh 0. Whelchel, l~ssee of golf course property, next appeared
and submitted a proposed assignment of the 99-year lease to Mayfair Inn, Inc., with several
amendments and stipulations to the original lease embodied therein, and requested the City's
consent and approval of the assignment with the changes.
Thereupon after considerable discussion Commissioner Ivey moved the approval of the
assignment with the amendments and stipulations to the Mayfair Inn, Inc., and that the Mayor
end Clerk be authorized to execute same on behalf of the City.
Seconded by Commissioner Carraway and carried.
Said Assignment being in words and figures as follows:
THIS AGREEMENT, Made and entered into this 26th day of May, A. D. 1952,
by and between HUGH C. WHELCHEL, of Banford, Seminole County, Florida,
~arty of the first part, and MAYFAIR INN, INC., a corpora~on organized
and existing under the laws of the State of Florida, having its principal
place of business in Sanford, Seminole County, Florida, party of the
second part:
WITNESSETH: That the parties hereto, for and in consideration
of the sum of Ten Dollars each to the other in hand paid, mutually covenant
and agree to and with each other as follows, to-wit:
1. The party of the first part hereby sells, assigns, trans-
fers, sets over and delivers unto the party of the second part that cer-
tain Ninety-Nine Year Lease dated the llth day of October, A. D. 1949,
Originally entered into by and betweenCity of Banford, Florida, a
municipal corporation created by the laws of the State of Florida and
existing in Seminole County, Florida, therein described as the Lessor,
and Hugh C. Whelchel and J. A. Ponder, both of Banford, Beminole County,
Florida, therein referred to as the Lessee; it being understood between
the parties hereto that the said Jo A. Ponder named in said lease as a
Lessee has heretofore sold. assigned, transferred, set over and delivered
his interest therein unto the party of the first part.
2. That as cart of the consideration for the assignment of
said lease, the party of~the first part hereby agrees that on the effective
date of this assignment he will deliver unto the party of the second part all
golf course equipment, mowers, tools, tractors, trucks and all other
machinery and equipment used for the upkeep and maintenance of the property
described in said Ninety-Nine Year Lease known as Sanford Bemin61e Country
Club, and that he will deliver unto the party of the second part all furni-
ture, fixtures and equipment, including kitchen equipment in the clubhouse,
and including equipment in the locker rooms, without the payment of any
sums of money additional to the sums herein agreed to be paid by the party
of the second part.
3. That as part of the consideration of this assignment, the
party of the first part agrees that on the effective date of this assign-
ment that parties hereto shall take an inventory of all stock of liquors,
wines, beers, soft drinks and bar materials, and all gol~ equipment in
the pro shop and locker rooms, and on the effective date of this assign-
ment the party of the second part shall in addition to the consideration
provided herein pay to the party of thefirst p~rt in cash the actual cost
value thereof before taking delivery.
~. The party of the second part hereby agrees to pay unto
th~ party of the first part for the assignment of said lease and at the
purchase price for said golf course equipment and clubhouse furniture,
fixtures and eou~nment the ~um ~f Tb1~v Thm,,~ ~a ~/~ I~ aa~ a~
392
MINUTES
City Commission, sanford, Florida, P: M: .19 52
H-40750
The balance in the sum of $21,000.00 shall be
party of the first part or his nominee in the
manner, to-wit:
paid to the
following
$4,200.00 on or before February 1, A. D. 1953:
$4,200.00 on or before February 1, A.
$4,200.00 on or before February 1, A.
$$,200.00 on or before February 1, A.
D. 1955;
D. 195~;
D. 1956;
and
$4,200.00 on or before February 1, A. D. 1957;
together with interest on each of said deferred payments at the rate of five
(5%) per cent per annum on all unpaid batanbes remaining from time to time
unpaid, interest payable annually on the date of principal payment on all
unpaid balances of principal.
5. The parties hereto mutually covenant and agree that this
assignment shall be and remain a conditional asslgnme~ until the entire
purchase price therefor has been fully paid, together with interest
thereon as provided in the last preceding paragraph, and the parties hereto
further mutually covenant and agree %hat should the party of the second part
be in default as to the making of any payments either principal or interest
due or to become due as provlded by the last preceding paragraph and remain
in default as to the making of any of said payments for a period of thirty
days from and after the 8ams become due and payable, then and in that event,
the party of the first part shall have the right, at his option, to declare
the full amount then remaining due and payable to be forthwith due and pay-
able, and in such event should the party of the second part fall to pay the
entire amount then remaining due and payable, this assignment shall be null
and void, and of no further force and effect, end the party of the first
part shall have the right to immediately take possession of all of the
property described in said lease and the personal property described in
this assignment, and in the event the party of the eecond part refuses to
make payment or to surrender possession of said property, real an~rsonal,
to the party of the first part, the party of the first part shall have the
right forthwith to apply to a court of equity for the appointment of a
receiver to take charge of said premises, real and personal, for the
benefit of the respective parties hereto.
6. The parties hereto mutually covenant and agree that the
party of the first part shall remain in possession of the property described
in said lease, and in possession of the personal property described herein,
until July 1, A. D. 1952, on which date thim~nditional assignment shall
become effective, and the party of the second part shall thereupon take
possession of all of said property, real and personal. It is further
mutually agreed between the parties hereto that the Osrt~ of the first part
shall maintain the said property in good condition until Juty l, A. D. 1952.
7. It is mutually agreed between the parties hereto that the
party of the first part shall from the date of this instrument through
June 30th., A. D. 1952, pay all bills for labor, and shall pay sll other
accounts to and including June 30th, A. D. 1952, and that on July l, A.D.
1952, he will surrender and deliver up said property, real snd personal,
known as Sanford Seminole Country Club to the party of the second part
free of debt as of June 30th., A. D. 1952.
8. The party of the secc~ part hereby agrees that in consideration
of the party of ~he first p~rt remaining in possession and operating said
golf course until July 1, A. D. 1952, it will pay to the party of the first
part any and all sums of money spent by the party of the first part for the
purchase of fertilizer and seed between May 13th, A. Do 1952, and July 1,
A. D. 1952, and that such payment shall be m~de by the p~rty of the second
part in cash on July 1, A. D. 1952, at the time of taking possession and
delivery of the property described in said lease.
9. The party of the second part hereby agrees that it will
honor at all times the life memberships in Sanford Seminole Country Club,
heretofore issued to George S. Witmer and wife, Belle S. Witmer, formerly
of Seminole County, Florida, now of Ormond Beach, Voluela County, Florida,
and to Frank Guernsey of Orlando, Orange County, Florida.
10. The party of the seco~ part hereby agrees to honor all
annual memberships heretofore issued by the party of the first part until
the expiration date of ~he same.
11. It is understood and agreed between the parties hereto
that the party of the first part has not complied with Paragraph 2 of said
Ninety-Nine Year Lease, and that compliance thereof to date has been
waived by City of Sanford, Florida ....
12. As part of the consideration paid to the party of the
first part by the party of the second'part, the party of the first part
hereby agrees that he will procure consent to this assignment by the City
of Sanford, Florida, and that in procuring consent of said City he will
secure a waiver from said City waiving each and every condition of
Para,tach 2 of said Ninety-Nine Year Lease connected with the require-
393-A
STATE OF NEW YORK
COUNTY OF NEW YORK
I HEREBY CERTIFY that on this day before me personally appeared HORACE C STONEHAM, and
EDGAR P. FEELEY, to me well known to be President and Treasurer, respectively, of MAYFAIR INN,
INC., a Florida corporation, who acknowledged before me that they executed the foregoing
Conditional Assignment as the act and deed of such core, oration, and that as such officers they
are fully authorized and empowered so to do.
WITNESS my hand and official seal at New York, County of New York, and State of New
York, on this the 31st day of May, A. D. 1952.
S/ William Brandt
Notary Public, State of New York
CITY OF SANFORD, FLORIDA, a municiapal corporation, hereby ratifies, approves and
confirms the foregoing Assignment with the following conditions, stipulations and additions
to said original Lease, which conditions, stipulations, agreements and additions to said
original lease are hereby accepted by Mayfair Inn, Inc., to-wit:
1. That City of Sanford, Florida, and Mayfair Inn, Inc., each mutually agree that the
annual rental of $1,500.00 per year for the first five years of said term to be paid by the
Lessees, as provided by Paragraph 2 of 6aid Ninety-Nine Year Lease, and the matching of such
funds by the City of Sanford, Florida, for the purpose of erecting a clubhouse on said property
be, and the same is hereby weived and eliminated from Paragraph 2 of said Lease.
2. That Mayfalr Inn, Inc., as Assignee of said Lease, and any subsequent thereof upon
approval by the City of Sanford, Florida, shall maintain the golf course uoon the property
described in said Lease and the clubhouse and locker room facilities, and shall at all times
permit the use thereof by local residents and their guests on a membership basis and daily
green fee basis comparable to average membership fees and daily green fees charged by public
and private golf courses in the surrounding territory of a radius of fifty miles.
3. That Paragraph I of said original Lease and the descriotion of the orooerty therein
be amended by adding thereto the following described property, to,,it:
Outlot No. i of The Country Club Entrace Section of Loch Arbor as
per plat thereof duly of record among the public records of
Seminole County, Florida.
4. That Mayfair Inn, Inc., shall not be required to secur~ the consent of City of
., provided ssld
Sanford, Florida, to assign this Lease in the event of sale of Mayfalr Inn,
Lease is assigned to the purchaser of sald hotel.
by
IN WITNESS WHEREOF, City of Sanford, Florida, has caused t.his approval to be executed
its Mayor, attested by its City Clerk, on this 26th Day of May, A. D. 1952.
CITY OF SANFORD, FLOP~IDA
Signed, sealed and delivered
in the presence of:
BY: W,,H. Stemper
Its Mayor
Attest: H. N. Sayer
Garland W. Spencer, City Clerk
A. Edwin Shinholser
The foregoing approval and Amendment is accepted, ratified, approved and confirmed
by Mayfalr Inn, Inc.
MAYFAIR INN, INC.
Signed, sealed and delivered
in the presence of:
John F. Purcell
Ette Pollock
S/ Horace C. Stoneham
Its President
Edgar P. Feeley
Its Treasurer
STATE OF FLORIDA
COUNTY OF SEMINOLE
BEFORE ME, the undersigned authority, this day personally appeared William H. Stemper
and H. N. Sayer, to me well known to be the parties named in and who executed the foregoing
approval and amendment as Mayor and City Clerk, respectively, of the City of Sanford, Florida.,
a municipal corporation, and they acknowledged before me that they executed the same for and on
behalf of and as the free act and deed of City of Sanford, Florida and that they are thereunto
duly authorized. '
IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Sanford Seminole
County, Florida, this 26th day of May A. D. 1952. '
A. Edwin Shinholser
STATE OF NEW YORK Notary Public, State of Florida
COUNTY OF NEW YORK My Commission Expires Feb. 15, 1954
I hereby certify that on this day before me personally appeared Horace C. Stoneham, and
Edgar P. Feeley, to me well known to be President and Treasurer, respectively, of Mayfa~ Inn,
Inc., a Florida Corporation, who acknowledged before me that they executed the foregoing approval
and amendment as the sci and deed Of such eo~nnn~tlnn
MINUTES 393
City Commission, Sanford, Florida,-.--N--~-~[-..~-. ~-.-~--.-~.'....--~.~ ...................... 19 ~Z
13. It ts mutually agreed between the parties hereto that
this assignment shall be and remain a conditional assignment and shall
not be and become finally effective until each and every of the annual
payments herein reserved by the party of he first part, together with
interest thereon, as provided herein has been made to the party of the
first part by the party of the second part, and that upon the issuance
of a final receipt by the party of the first part to the party of the
second part showing all of said payments to have been made this assign-
ment shall be and become complete, and all right, title and interest of
the party of the first part in and to the property, real or personal,
described in said lease or in this aesignment shall be and become
absolute property of the party of the second part, subject to all terms
and conditions of said lease and the approval hereto attached.
14. On July 1, A.D. 1952, the unearned portion of the liquor
licenses shall be paid in cash by the party of the second part to the
party of the first part, and the State license shall be assigned by
the pmrty of the first part to the party of the second part.
IN WITNESS WHEBEOF, the party of the first part has hereunto
set his hand and seal, and the party of~the second part has caused
these presents to be executed in its corporate name and its corporate
seal to be hereunto affixed by its proper executive officer attested by
its secretary on this the day and year first above written.
S/ Hugh C. Whelchel (SEAL)
MAYFAIR INN, INC.
By: Horace O. Stoneham
Its President
Attest: Edgar ~ Feeley
Its Treasurer
Signed, sealed and delivered
in the presence of:
Garland W. Spencer
A Edwin Shinhol.ser
As to Party of the First Part
John F. PuroeX1
Ette Pollock .
As to Party of the Second Part.
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day before me personally
appeared HUGH C. WHELCHEL, to me well know to be one of the persons
named in and who executed the foregoing~onditional Assignment, who
acknowledged before me that he executed the same freely and volun-
tarily for the uses and purposes therein mentioned.
WITNESS my hand and official seal at Sanford, County of
Seminole and Brats of Florida, on th~ the 26th day of May A. D. 1952.
(Balance on Page 393-A)
Geo. H. Williams,
S/ A, Edwin Shlnholeer
Notary Public, State of Florida
My Commission expires Feb. 15, 195~.
Jr., Certified Public Accountant, next appeared and submitted a
proposal for making the annual audit of City's records for fiscal year ending Sept. 30, 1952.
Action deferred.
Bill of Sherman Concrete Pipe Company in amount of $$65.00 next submitted, covering 335
ft. of 15" sewer pipe furnished for storm drainage on street adjacent to Castle Brewer
Housing Project in October of 1951, which the ~anfor~ Housing Authority had arranged to pay
and deduct such cost from payment due City for street improvements. The Housing Authority
hav&ng paid the City for the street improvements without paying the hill and making the
deduction.
After discussion Commissioner Carraway moved that the City authorize the Banford Housing
Authority to pay the aforesaid bill in amount of $465.00 and deduct same from future shelter
rents due the City.
Seconded by Commissioner Kadet and carried.
Mack Cleveland. Jr.. Attorney. next
394
H-4075O
MINUTES
City Commission, Sanford, Florida, May 26 at 8 P.M. 19~2
taxi-cabs in operation and number of applications of file for such permits, Commissioner Ivey
moved that J. A. Gramllng be granted a permit to operate one taxi-cab because of being a disabled
war veteran.
Seconded by Commissioner Chase and carried over the dissenting vote of Commissioners Carraway
and Kadet.
Tim Crawford, President of Junior Chamber of Commerce, next appeared and presented funds in
amou~of $2,118.03 to be applied toward cost of constructing the new tourist building in Fort
Mellon Park, which were raised by them thru Public subscriptions for such purpose.
Thereupon Commissioner Ivey moved the acceptance of the funds to be deposited in the
Public Projects Fund to supplement the tourist building aporopriation, and that a letter be
written to the Junior Chamber of Commerce ~anking them for their efforts in raising the funds.
Beconded by Commissioner Kadet and carried.
Dr. J. C. Ringling next appeared on behalf of the Beminole County Division Committee of
Colored Boy Bcouts and requested a contribution toward cost of constructing a camp building,
advising that they had ~00 cement blocks donated toward the building but needed $800.00 to con-
struct it. He also gav~ a brief resume of the activities of the Bcout Division consisting of
8 troupe with membership of 168.
Thereupon Commissioner Ivey moved that the City contribute ~200.00 toward cost of construct-
ing the aforesaid building, provided the County ~atch this amount and provided the boy scouts
organization raise the balance of $400.00.
Beconded by Commissioner Chase and carried.
Petition next received from residents within vicinity of ?th Btreet and Olive and Mangous-
tine Avenues requesting installation of street lights at these intersections, and same was re-
ferred to Chief of Police for recommendations.
Action next deferred on application of Charles Hampton, colored,~or permit to sell beer and
wines to be consumed on premises at 1117 W. 13th St. because of location being near a Church.
Fire Chief Cleveland next appeared on behalf of the members of his department relative to
their request for salary increase, and on motion of Commissioner Ivey, seconded by Commissioner
Chase, the City Manager was directed to write them a letter advising that their request was
being considered bY the Commission.
Further request next received from a p~rty owner who proposes to erect a dwelling at a
southwest corner of Magnolia Avenue and 25th Place, for the City to open Magnolia Avenue from
th
25th Place to 26th Street., or 25/Place from Palmetto Avenue to Magnolia Ave.
After discussion and in view of the number of property owners t~ be benefitted by opening
Magnolia Avenue, Commissioner Carraway moved that said avenue be opened from 25th Btreet to
26th Btreet if the cost does not exceed $300.00 upon the property owner securing permit and award-
ing contract to start construction of the dwelling.
Seconded by Commissioner Kadet and carried.
Request next received from City of DeLand to borrow the plane of the municipal memorial
stadium for observation purposes, and on motion of Commissioner Carraway, seconded by Com-
missioner Chase, same was authorized without the specifications, if permissible by the Architect.
Chief of Police Williams next reported that Ruth Jobert, of 404 E. 14th Street was convicted
in Municipal Court on November 23, 1951, Case No. 45653, for careless and negligent driving,
and sentenced to pay a fine of $102.00, but was released to pay balance upon'payment of
$52.00, advising that he had been unable to collect the balance from her.
MINUTES 395
City Commission, Sanford, Florida,~.~(.._.~.~..~.~.~....~-.......~., ............................ 19~
Court for traffic violation.
The matter of appointing an advisory traffic committee was next discussed and taken under
advisement.
On motion of Commissioner Kadet, seconded by Commissioner Chase and carried, t~e Mayor
was next authorized to send a letter of application to the Housing and Home Finance Agency,
together with supporting maps and reports prepared by Robert M. Angas and Associates, for
Federal assistance under Public Law 139 to construct additional water facilities.
0ommissioner Carraway next introduced Ordinance No. 502, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, REIATING TO FEDERAL OLD
AGE AND SURVIVORS INSURANCE; DECLARING THE POLIC~ AND PURPOSE OF THE
CITY OF SA/IFOND, FLORIDA, TO EXTEND TO THE EMPLOYEES AND OFFICIALS OF
SAID CITY OF BANFORD, FLORIDA, NOT EXCLUDED BY LAW, THE BENEFITS OF
THE SYSTEM OF FEDERAL OLD AGE AND SURVIVORS INSURANCE, AB AUTHORIZED
BY THE FEDERAL SOCIAL SECURITY ACT, AND ANENDMENTSTHERETO, UPON THE
BASIB OF APPLICABLE STATE AND FEDERAL LAWS OR REGULATIONS; AUT}~RIZING
AND DIRECTING THE MAYOR, OR OTHER CHIEF EXECUTIVE OFFICER, TO EXECUTE
AGREEMENTS AND AMENDMENTS THERETO WITH THE BTATE AGENCY AUTHGRIZED?TO
ENTER INTO SUCH AGREEMENTS, FOR COVERAGE OF SAID EMPLOYEES AND OFFICIALS;
PROVIDING FOR WITHHOLDINGS FROM SALARIES AND WAGES OF EMPLOYEES AND OF-
FICIALS OF BAID CITY SO COVERED TO BE MADE AND PAID OVER AS PROVIDED BY
APPLICABLE STATE OR FEDERAL LAWB OR REGULATIONS; PROVIDING THAT BAID
CITY SHALL APPROPRIATE AND PAY OVER EMPLOYER'S CONTRIBUTIONS AS PRO-
VIDED BY APPLICABLE STATE OR FEDERAL LAWB ORR EGULAT~; PROCIDING
THAT SAID CITY SHALL KEEP RECORDS AND MAKE REPORTS As-REQUIRED BY
APPLICABLE STATE OR FEDERAL LAWS OR REOULATIONS.
and same was placed on its first reading and read in full.
Letter next submitted from John Gray, of Pensacola, accepting the City's offer to grant
him an option for 90 days for sum of $100.00 to purchase lots 20 to 30 Lake View Park, at
price of $3,000.00, provided the stipulations be changed to construct 32 apartment units in-
stead of 36, with additional 90 days extension clause.
After discussion and on motion duly carried, the Commission authorized the aforesaid
changes in the option agreement, the renewal of 90 days subject to payment of additional
$100.00 which will not be applied toward purchase price.
There being no further business the meeting then adjourned until 8!00 O'clock P.M.
June 2, 1952.
Attest:
gm