024-Wes Rinker Florida Baseball School 1990L - a
STENSTROM, McINTOSII, JULIAN, COLBERT. WHIGHAM & SIMMONS, P. A.
ATTORNEYS AND COUNSELLORS AT LAW
KENNETH W. McINTOSH
NED N. JULIAN, JR.
WILLIAM L COLBERT
FRANK C. WHIGHAM
CLAYTON D. SIMMONS
ROBERT K. McINTOSH
DONNA L.S. MCINTOSH
WILLIAM E. REISCHMANN. JR.
CATHERINE O. REISCHMANN
MARTHA H. McINTOSH
June 16, 1993
SUN BANK • SUITE 22
200 WEST FIRST STREET
POST OFFICE BOX 4948
SANFORD, FLORIDA 32772 -4848
SANFORD (407) 322 -2171
ORLANDO (407) 834.5119
FAX (407) 330 -2379
RECEIVED
J U 16 1993
CITY O SANFORD
DOUGLAS STENSTROM
OF COUNSEL
THOMAS E. WHIGHAM
(1932.1998)
Mr. Wes Rinker
Wes Rinker Florida Baseball School SENT CERTIFIED MAIL
1201 Mellonville Avenue AND REGULAR MAIL
Sanford, Florida 32771
Re: City of Sanford and Wes Rinker Lease, dated February 27, 1990
Dear Mr. Rinker
Please be advised that you, doing business as Wes Rinker Florida
Baseball School, have breached the Lease dated February 27, 1990
with the City of Sanford in the following manner:
1. You have not paid the 1992 taxes on the Stadium as
required by Section 5 of the above - referenced Lease.
2. You have not maintained during the Lease term an
insurance policy naming the City as an additional insured
with an insurance company rated, not less than, "A" by
A.M. Best. Your insurance policy was obtained from a
company called Utah Home and Fire Insurance Company which
is rated by A.M. Best as "B ".
As a result of these breaches, the Sanford City Commission voted at
its meeting on June 14, 1993, to terminate your Lease effective
immediately and authorized our law firm to advise you of this
termination. All rights, privileges and interest you had pursuant
to the above - referenced Lease have terminated and the Lease is null
and void and has no further legal force or effect.
Please remove yourself and your school from the Lease premises and
deliver the premises to the City Manager of the City of Sanford in
Page Two
June 16, 1993
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the same condition you received them less normal wear and tear no
later than July 1, 1993.
PLEASE GOVERN YOURSELF ACCORDINGLY.
Sincerely,
STENSTROM,lMcINTOSH, JULIAN,
COLBERT, WYIGM*:'& SIMMONS, P.A.
yy
,: Donna L. McIRtosh
I /lw
Cc: Bill Simmons
Carolyn Small
William L. Colbert, Esquire
S93B \A: \LETTERS \RINXER.DLM
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CERTIFICATE OF
INSURANCE
ISSUE DATE (MM /DD/YY)
12/16/91
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
R. J. SALISBURY & ASSOCIATES INC.
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
450 SOUTH 400 EAST
B0141i 1FUL, UT 84010
COMPANIES AFFORDING COVERAGE
A UTAH HOME FIRE INSURANCE COMPANY
SUB-CODE
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B
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FLORIDA BASEBALL SCHOOL, INC.
P.O. Box 2112
C
Sanford, FL 32772
D
I COVERAGES
1IIIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOIWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE
POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF
SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM /DD/YY)
POLICY EXPIRATION
DATE (MM /DD/YY)
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
® COMMERCIAL GENERAL LIABILITY
GENERAL AGGREGATE $ 1,000
PRODUCTS- COMP /OPS AGGREGATE $1,000
A
CLAIMS MADE OCCUR.
®
09- 467 - 001612
12/20/91
12/20/92
PERSONAL & ADVERTISING INJ. $ N/A
8OWNER'S 8 CONTRACTOR'S PROT.
EACH OCCURRENCE $ 1,000
FIRE DAMAGE (Any one fr.) $ N/A
MEDICAL EXPENSE(Any one pen«,) $ N/A
AUTOMOBILE
LIABILITY
COMBINED SINGLE
ANY AUTO
LIMIT
$
ALL OWNED AUTOS
BODILY INJURY
$
SCHEDULED AUTOS
HIRED AUTOS
(Per Person)
NON -OWNED AUTOS
BODILY INJURY
GARAGE LIABILITY
(PK a K16 x)
$
El
PROPERTY
S
DAMAGE
EXCESS LIABILITY
EACH
AGGREGATE
OCCURRENCE
3
OTHER THAN UMBRELLA FORM
S
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /RESTRICTIONS /SPECIAL ITEMS
10 DAYS NOTICE OF CANCELLATION FOR NON PAYMENT 2 Playing fields /Private Clinics, Concessions, Excludes Team Sports
CERTIFICATE HOLDER ...
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE
CITY OF SANFORD, FLORIDA
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
P.O. BOX 1 778
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
Sanford, FL 32772-1778
ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Attn: Carolyn C. Small, Finance Director
AUTHORIZED REPRESENTATIVE
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THIS LEASE, made and entered into thi —� day of
X 12 " A.D., 14 6 , by and between the CITY OF SANFORD,
FLORIDA, a Municipal corporation, hereinafter called "Lessor ",
and WES RINKER, doing business as WES RINKER FLORIDA BASEBALL
SCHOOL, hereinafter called "Lessee ":
W I T N E S S E T H
WHEREAS, the Lessor herein is the owner of certain property
situated in Sanford, Seminole County, Florida, known as the
SANFORD MUNICIPAL STADIUM, which is presently leased by Lessee,
and
WHEREAS, it is the desire of the parties to enter into a new
Lease to replace the present existing Lease in accordance with
the terms and provisions hereinafter set forth.
NOW, THEREFORE, for and in consideration of the sum of $1.00
per year, paid prior to March 25th of each year, together with
other good and valuable considerations as well as the covenants
and agreements hereinafter contained, Lessor does hereby rent and
lease unto Lessee, and Lessee does hereby lease and rent from
Lessor that certain property situated in Sanford, Seminole
County, Florida, known as the SANFORD MUNICIPAL STADIUM together
with the parking areas adjacent to said stadium upon the
following terms and conditions:
1. This Lease is for a period of five (5) years with the
effective date of commencement of the term of the Lease being the
20th day of January, A.D., 1990. The Lessee shall have the
option to renew this Lease for one (1) additional five (5) year
period by giving the City a written notice of intent to renew at
least ninety (90) days prior to the expiration of this Lease.
2. Lease rental for the one optional period of five (5),
years shall be $1.00 per year together with other good and
valuable considerations as well as the covenants and agreements
hereinafter contained.
3. Lessee agrees to effect the following capital
improvements and maintain the facilities.
(a) Maintain the stadium lighting system to include
replacement of cross -arms, wiring and light
fixtures on the light poles. The light fixtures
are 60 metal halite units.
(b) All metal parts of the stadium are to be
sandblasted, repaired and painted, and the rusted
areas and holes shall be exposed and patched.
Lessee shall have the right to make such other improvements as
may be elected by Lessee and the parties specifically acknowledge
and agree that all capital improvements shall be considered as
the property of Lessor at such time as this Lease is terminated.
4. Lessee shall use the leased premises for conducting
baseball training and for baseball games. Lessor shall have the
right to use the leased premises for special events as desired by
Lessor from time to time, so long as the use of the premises does
not interfere with the activities of Lessee. The parties
specifically agree that Lessor shall, among other special events,
have the right to use the leased premises for the Golden Age
Olympics. When the leased premises are used by Lessor for any
special events, Lessor shall be responsible for any expenses
incurred in connection with such an event including but not
limited to the cost of utilities and cleanup at the termination
of the special event.
5. Lessee shall pay all operating and maintenance expenses
(except those expenses incurred in Lessor's special events)
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including but not limited to electrical power, gas, water, fuel,
fertilizer, grass and labor required during the period of
occupancy and covenants that the aforesaid facility when
delivered back unto Lessor shall be in the same condition as it
was when received by Lessee.
Lessee shall not cause or allow any lien, levy or attachment
to be made against the interest of or leased premises of Lessor
and such event shall be deemed to constitute a breach of this
Agreement at the option of the Lessor so as to terminate all
rights, privileges and interests of Lessee herein.
In addition thereto, Lessee shall perform all necessary
maintenance and repair pertaining to the fences, grounds,
grandstands, bleachers and light structures and to deliver up the
premises at the termination of this Lease in the same condition
as received, normal wear and tear expected.
6. At or during all athletic contests or other utilization
of the leased premises by Lessee, Lessee at his own cost and
expense shall provide necessary police or other personnel for
crowd control, security and traffic.
7. Lessee at all times will indemnify and save Lessor
harmless from any and all fault, liability, damage, suits or
other costs arising out of or in any way connected with the use
or occupancy of the Leased premises by Lessee, and in connection
therewith, will maintain in force during the lease term, a policy
or policies of insurance protecting Lessor and naming Lessor as
an additional insured in a sum not less than FIVE HUNDRED
THOUSAND DOLLARS ($500,000.00) combined single limit occurrence.
Lessee shall secure said insurance from an insurance carrier with
an A.M. Best rating of not less than "A ". Lessee shall furnish
unto Lessor a Certificate from his insurance company with a bona
fide policy number as evidence that he has complied with the
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provisions of this paragraph and shall further present proof of
payment of the premium on the anniversary date of the policy.
8. In the event Lessee discontinues use of the leased
premises for baseball oriented activities, this Lease shall
terminate and shall be considered by the parties as null and void
and of no further force and effect. In such event, Lessee agrees
to release possession of the leased premises to Lessor.
9. Lessee shall refrain from assigning or subletting any
portion of the leased premises to any other party without express
written consent of Lessor, except that Lessee shall have the
right to sublet the leased premises for a special event so long
as such event does not exceed twenty -four (24) hours in duration
and said special event is insured to protect Lessor in sums not
less than the sums stated in paragraph 7.
10. The terms and provisions of this Lease shall be binding
upon the parties hereto and shall not be altered or amended
unless in writing signed by each of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals, this . ` day of
Witnesses: CITY OF SANFORD, FLORIDA
As to Lessor
By: i� _� 4
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ATTEST:
f
B y : r
WES R K R, d b a WES R
FLORIDA BASEBALL SCHOOL
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(SEAL)
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