Loading...
012-Seminole Club 1st Amendmentq 17 PR 4 V 4 _ v FIRST AMENDMENT TO LEASE AGREEMENT C 5 - 0 This Amendment to Lease Agreement is made this 31 s4- day of M Qy , 2000, by the CITY OF SANFORD, a Florida municipal corporation, hereinafter called "Lessor," and SEMINOLE CLUB, INC., a Florida corporation, hereinafter called "Lessee." WITNESSETH: A. Lessor owns the fee simple title to the following - described real property located in Seminole County, Florida: SEE EXHIBIT "A" ATTACHED HERETO. CO N B. Lessor and Lessee previously entered into that certain Lease dated March 11, cry 1981, recorded in Official Records Book 1346, page 1746, Public Records of ' Seminole County, Florida, pursuant to which Lessee leased the above - described property from Lessor.°; C. The Lessor and Lessee have agreed to amend the Lease as follows, said -- amendment to be effective as of March 12, 2000. C = AGREEMENT n rn In consideration of the foregoing recitals, other good and valuable considerations, and the mutual covenants herein set forth, it is agreed as follows:.,r� 1. Recitals The foregoing recitals are true and form a part of this Agreement.. --� 2. Status of Lease The Lease Agreement described above and recorded in Official Records Book 3001, Page 1920, Public Records of Seminole County, Florida, is as of the date hereof in full force and effect, and has not been amended.` CO 3. Paragraph 2 of aforementioned Lease is hereby deleted and of no further effect i and the following is substituted in its place: Lessee covenants and agrees, during theme, remaining term hereof, to make rental payments to Lessor in the amount of 5% of gross C.1, -- revenue. The rent shall be due on the thirtieth day following the end of each lease year °� s or following the termination or expiration of the term, as the case may be. Said annual percentage rent shall be payable at City Hall, without any prior demand therefor and without any deductions or setoff whatsoever, except as provided in the Effluent Agreement/Irrigation Maintenance Agreement between the parties, dated April 25, 1988, and any amendments thereto. If assignment occurs before the end of the lease year, then the rent shall be due at the time of assignment from the current lessee, prorated for the number of months since the beginning of the lease year to the time of assignment. Gross revenue shall be defined as all revenues derived from all sources except proceeds from the operation of the pro shop, as long as the pro shop is being operated by the pro as a reimbursement to the pro. Pro shop proceeds shall be limited to the sale of all merchandise, golfing equipment and proceeds from golf lessons, and shall specifically y 4 . exclude golf%ntals. Quarterly and annual accountings shall be rendered to the City of Sanford as provided in paragraphs 18 and 19 of the March 11, 1981 original lease. Should the Lessor not be satisfied with the Auditor's annual statement described in paragraph 18 of the March 11, 1981 original lease, the Lessor may at its own expense audit and check Lessee's books and records. 4. The following paragraph is added to the lease: During the balance of the term of the lease Seminole Club agrees to 1) provide a free golf clinic every Monday from June 1 to September 30 for any Sanford resident 17 years and under (including hot dog and cold drink lunch); and 2) provide any Sanford resident with unlimited play for any given day (including cart) for the published daily rate from June 1 to September 30, except weekends and holidays. b. In gall Vth -r resccts, except as set forth in paragraphs 3 and 4 of this amendment, the March 11, 1981 lease remains the same. Witnesses: CITY OF SANFORD, a Flori a municipal co�orati a r, ick.ne Clr'ewS (Print name) (As to Lessor) t Air l e,ne, 0 . Do-v i sc>n (Print name) (As to Lessor) 'Elr L av av� (Print nam (As to Lessee) danret-R-DotVhei Ky -Glefk- Markae Rupp, Deputy City Clerk SEMI O CLUB, INC., Lessee, By: Print name: Title: . CIA rs.a s, 2 WW 00 c a r rn a -- =� -j r K01 Dale, yo f ATTEST: danret-R-DotVhei Ky -Glefk- Markae Rupp, Deputy City Clerk SEMI O CLUB, INC., Lessee, By: Print name: Title: . CIA rs.a s, 2 WW 00 c a r rn a -- =� -j r K01 G � STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid to take acknowledgments, personally appeared, LARRY DALE, Mayor and J ack��' T- u � � H�RT� , -Et -Ei rl� of the City of Sanford, Florida, who are personally knosto rrE''and Wff owIedged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 31 s+ day of M Qy 6 �.4Y pUB DIANE CREWS ,6 COMMISSION # CC 655670 cn a EXPIRES JUN 15, 2001 BONDED THRU ATLANTIC BONDING CO., INC. STATE OF FLORIDA COUNTY OF &EPdffN8LE D 12A. ti & Notary Public, ` State of Florida Print Name: _ 'Dipne Cre ws HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid to take acknowledgments, personally appeared, /. LLa.4 C (.ee -rw the U, tee, - Pie fi of SEMINOLE CLUB, INC., ❑ who is personally known to me or who produced tz . a +A-( ��'k r Ci e-C ,4 s c as identification. WITNESS my hand and official seal - L - /+ day of ELISE Y. LAUBACH -'4 s. MY COMMISSION # CC 865161 EXPIRES: August 22, 2003 Bonded Thru Notary Public Underwriters iAnah \files \99 \sanford \assign of lease in the County and State last aforesaid this Notary Public, tate of Florida Print Name: Prepared by and returned to: Catherine D. Reischmann, Esquire Stenstrom, McIntosh, Colbert, Whigham & Simmons, P.A. 200 West 1S Street Sanford, FL 32771 (407) 322 -2171 3 J CO to rn - NZ A _ CID C -� r� n 4 Ys a � n Exhibit A 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 7.17 chains, thence north 45'degrees west 4 chains, thence west 20.04 chains, thence sou�h 10 chains, thence west 5'chains, thence south 3 chains, thence west 5.chains, thence north 53 chains, thence east 20 chains, thence south,20 chains, thence east 10 chains, thence south 10 chains, thence east 10 chains, to the point of begin- ning, containing 123 acres, more or 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, thence run South along the East Line of said section 106.6 feet, run thence.West 98.9 feet, run thence North 71 degrees and 14 minutes West 385.5 feet, run thence South 87 degrees 51 minu- tes,and.15 seconds East 464.10 feet to.the point of beginning). AND Begin 53 chains South of NW corner of East 1/2 of Section 4, Township 20 South, Range 30 East, run South 30.3 feet,. thence East 200 feet, thence North 56 degrees 49 -1/2 minutes East 222.05 feet, thence North 14 degrees 40 -1/2 minutes East 440.92 feet, thence West 167:1 feet, thence South 198 feet, thence West 330 feet to point of beginning; AND Out Lot No. 1, less the North 230 feet, LOCH ARBOR, Country Club Entrance Section, Plat Book 5', Page 72, of the Public Records of Semino.le County, Florida, t4 cn ....a co CD r- rn o -- r 8'J w 07/03/00 07/03/00 16:22 4q -_.. __._ 1AP'YANNE MORSE CLERK OF COURT SEMINOLE COUNTY 06 05 LM 230253 UPDT 40 RECORDING k CLERK RC 00555266 CLERK 1 RECORDING FEE 72 PUB.RECORD MOD.TRUST TRAM TOTAL 19.50 ALL TRH# 1 19.50 CK CHECK 19,50 TENDERED 19.50 CHWE .00 T"Awx You