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102065-Special Called Session MINUTES City Commission, San.ford, Florida . October 20 at 4L P. Fl. 19 65 145 The City Commission of the City of Sanford, Florida, met in a Special Called Session at the City Hall in the City of Sanford, Florida, at 4:00 o'clock P. M. on October 20, 1965. Present: Absent: Commissioner M. L. Raborn, Jr., Mayor " J.B. Baker " J.H. Crapps " Earl Higginbotham " A.L. Wilson City Manager W. E. Knowles City Clerk H. L. Whelchel City Attorney Wm. C. Hutchison, Jr. Police Chief A. S. Williams Commissioner Higginbotham moved to waive the requirement of twenty-four hours written notice, and to call the meeting to order. Seconded by Commissioner Baker and carried by the unanimous vote of the Commission~ Attorney O. Douglas Stenstrom and his client, David M. Whelchel, appeared to discuss the Modification and Consent Agreement between the City of Sanford and David M. Whelchel on the Mayfair Country Club Golf Course, and possible modifications in the said agreement. Mr. Stenstrom requested the following changes be made to the agreement prior to the signing and consummation: 1. Gross revenue include all revenue derived from all sources ~xcept proceeds from the operation of the pro shop, as long as the pro shop is being operated by the pro as reimbursement to the pro. Pro shop proceeds shall include the Sale of all merchandise, golfing equipment and proceeds from golf lessons. Income from rental of carts is not to be considered as pro shop income. 2. Expenditures made for the reworking and renovations for the tees and greens be considered as capital improvements for the purposes of capital expenditures required in the agreement. Extending the one year to three years the time limit on the replacement and replanting of all greens except numbers 12 and 13 in 328 Bermuda grass, and completion of a satisfactory fairway weed killing program, and resprigging of fairways. 4. That paragraph 8 in above said agreement be changed to read, "Lessee further acknowledges the terms and conditions of a consent agreement executed by the City of Sanford, Florida, on May 26, 1952, which said agreement was executed by said City in connection with the aforesaid assig~ment of said lease to Mayfair Inn, Inc. It is agreed between the parties hereto that the provisions of Paragraph 2 and Paragraph 3 thereof are applicable to and become a part of this instrument and the aforesaid lease dated October ll, 19~9. In all other respects the provisions of said agreement are not operative." 5. The insurance clause be definite in amount of minimum insurance carried, and that this amount be so stated as follows: $100,000.00 per person and $300,000.00 for each accident or occurance for bodily injury, and $10,000.00 for property damage. MINUTES City Commission, Sanford, Florida October 20 .at 4 P. M. 1965 I)oth~i:...~ Offie~ Sunolv Co.. Orlando, Fla. 6. That the lessee be permitted to cut those trees that are dead without written consent from the lessor. 7. That paragraph 2 of the above said agreement be changed in part to read: "Five percent of the first $100,000.00 of gross revenue, ten percent of the next $150,000.00 of gross revenue, and fifteen percent of all gross revenue over $250,000.00." After discussion and consideration on the points listed above, it was the consensus of the Commission that the changes w~ere acceptable, and upon motion of Commissioner Crapps, seconded by Commissioner Higginbotham and carried, Mr. Stenstrom was requested to draw up the proper document containing the changes requested for the Commission's approval. There being no further business, the meeting was adjourned. ATTEST: lm /~ity~ Cler~ /