001A-Odham & Tudor Inc.-Sunland EstatesJ
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LEASE - PURCHASE AGREEMENT
THIS AGREEMENT, Made in duplicate, this 9 day of
N ovember , 1959, between ODHAM AND TUDOR, INC., a Florida
corporation, with its principal place of business in Sanford, Florida,
hereinafter called Owner, and City of Sanford, Florida, a municipal
corporation, hereinafter called City.
WITNESSETH: Owner is the owner of certain real property
situate in Seminole County, Florida, South of the city limits of
City, and more particularly described as follows:
1. All of Sunland Estates, according to Plat Book 11,
pages 16 through 22, Seminole County Public Records.
2. All of amended plat of Sunland Estates, according to
Plat Book 12, pages 1 and 2, Seminole County Public
Records.
3. All of Sunland Estates First Addition, according to
Plat Book 12, pages 97 and 98, Seminole County
Public Records.
4. Government Lot 1, and that part of the South half
of the SEk of the SEk lying West of the East line
of the Sanford Grant, Section 11, Township 20 South,
Range 30 East, being about 20 acres more or less.
Part of said property Owner has improved and developed by the con-
struction and sale of dwelling units thereon. In conjunction with
such improvement and development, Owner desires to install a sewer
system, including any necessary lift stations and other apparatus,
equipment and appurtenances, (such entire installation being here-
after referred to as Sewer System) to serve all such dwelling units,
which system would be connected to the sewer system of City to per-
mit use of City sewer facilities for disposition of sewage and sewer
wastes therefrom. In order that availability and use of the city
sewer system be assured to Owner and vendees of the aforesaid dwell-
ing units, and that City be afforded the opportunity to acquire the
aforesaid sewer system being installed by Owner, the parties hereto
in consideration of the premises and the mutual benefits to be de-
rived, have agreed, and do hereby agree as follows:
1. City has determined that provision of an adequate means
of sanitary sewage disposal is a matter vital to the health
and best welfare of residents of the City adjacent to the
area to be improved and the City at large, as well as to
future residents of that area itself, and that the purpose
to be accomplished by this agreement is a proper municipal
purpose.
2. Owner hereby agrees that it will install at its own expense
on the property above described, a sewer system, as above
defined, sufficient to accommodate the requirements of not
less than 700 dwelling units, and that such installation
shall in all respects meet the specifications and require-
ments of the State Board of Health and of the City and be
subject to approval by City, which approval by City shall
be given through the office of the City Manager as a con-
dition precedent to liability of City for performance on
its part under this contract.
3. When the installation of the Sewer System is completed and
has been approved by City, Owner agrees to lease same to
City, and City agrees to lease same from Owner, on the
following terms and conditions:
A. This lease shall not become effective until Owner
has completed construction of at least 25 dwellings
on the above described property, and such dwellings
have been occupied.
B. Sewer taps for connection to the Sewer System shall
be made by Owner at its own expense, only in accordance
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with City requirements and after approval by
the City Manager or City Engineer, and no
charge shall be made by City with reference
to the making of' such taps. So long as
Owner remains owner of the Sewer System, no
additional taps from any area adjoining the
above described area shall be made except
with approval of Owner and City.
C. No sewer taps in excess of 700 taps shall
be made or permitted by Owner or City, un-
less City determines that the sewer system or
lift station has a greater capacity than
700 taps.
D. Owner and City have agreed and do hereby
agree that the rental hereunder shall be
the sum of $1.00 per year, starting one
year from effective date of lease, plus
such further annual sum, if any, and only
if available thereunder, as shall be appli-
cable to such purposes under the provisions
of Section 3.04 B (5) of Ordinance No. 532
and Section 4.02 of Ordinance No. 552
of City, provided,
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f �
however, the maximum amount of rental shall in no
year exceed the gross amount received from the above
described area for charges imposed by City or one -fifth
of the total sum specified in the next sentence hereof,
whichever shall be the lesser, and provided further that
the City Commission, at its option may pay in any year
any amount between such gross amount and said one - fifth.
After the aggregate rentals paid hereunder shall have
reached a total sum of $16,123.85, the rental for each
subsequent year this lease shall be continued in effect
shall be only $1.00 per year.
E . During the period this lease shall be in effect, City
shall be responsible at its expense for all necessary
maintenance and repair of said Sewer System.
F . Owner agrees that City shall have sole power and
authority to fix and impose sewer rates and charges
from the occupants of dwellings connected to the Sewer
System, and to prescribe reasonable regulations relative
to furnishing and use of the Sewer System, and payment
of such charges, and City agrees that such rates, charges
and regulations shall be in accordance with those imposed
by it on all other out -of -city users of the system
similarly situated. It is acknowledged that Owner has
constructed and has in operation a water system supply-
ing all of the house locations as is or will be supplied
by the Sewer System, and that the Owner will bill and
collect the sewer charges as from time to time imposed
by the City, monthly, and within 30 days thereafter will
remit the same to the City. Owner further agrees at
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all times to maintain complete and accurate books of
account and records of both the water and sewer opera-
tion, and the same will remain open to the City for
inspection at all reasonable times.
G, This lease shall run from year to year until the total
amount specified in sub - paragraph E above shall have
been paid. After such time, City, at its option, may
continue this lease from year to year upon payment of
an annual rental of $1.00 per year, or may elect to
purchase the Sewer System as its own. The purchase
price shall be the total sum of $16,123.85, specified
in sub - paragraph E above, and should City elect to
purchase said system, the amount of all rentals paid
hereunder shall be applied to and considered as part
of the purchase price. Owner further agrees that if
City desires to acquire ownership of the Sewer System
at any time before the total sum above named shall
have been paid from rentals, as specified in sub-
paragraph E above, City may acquire such ownership
upon payment to Owner of the difference between the
aggregate rentals previously paid hereunder and the
total purchase price above stated. In the event of such
purchase, City shall notify Owner of its intent to make
such purchase, notice by registered mail addressed to
Owner at its last known post office address of record
constituting sufficient compliance herewith. Within 30
days after the mailing of such notice and upon payment
of any part of the purchase price not paid by rentals, as
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aforedaid, or forthwith, if such pruchase price has been
paid by su -h rentals, Owner shall execute to City a good
and sufficient Bill of Sale and Conveyance of the Sewer
System and all rights and interests of Owner therein, such
conveyance to be free and clear of any claims or incumbrances.
Should the total purchase price have been paid in any manner
hereinabove permitted, and Owner fails or refuses within 30
days of City mailing notice of intent to purchase, as herein
provided, to execute and deliver conveyance of said system
to City, then at the expiration of such 30 -day period title to
said system in its entirety shall automatically vest in City.
Upon vesting of title in the City, the Owner shall continue
to have the right and privilege of future connections to said
Sewer System at no expense to city, provided that said con-
nections do not exceed the capacity of the Sewer System as
set forth under paragraph 3, section C, of this agreement.
H. Unless sooner terminated as hereinabove provided, or
unless continued thereafter by continued payment of the_
annual rental by City as above specified, the term of this
lease shall be 20 years.
4. In the event it shall ever by held by a court of competent juris-
diction that City had no authority to enter into this agreement or
lease, Owner hereby agrees that there shall be no liability from
City to Owner or to any person, firm or corporation claiming
by, through or under it, by reason hereof; provided however,
in such event title to said Sewer System shall revert to Owner,
and Owner shall forthwith pay to City all sums, whether by credit
or otherwise, paid by City to Owner. Owner
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agrees that this agreement shall be submitted for inspection
by any party who may acquire any interest hereunder.
5. Owner acknowledges that it is at the present time the Owner
of a water system supplying water to all of the area above
described, and Owner agrees to comply with all of the pro-
visions of Paragraph G hereinabove. It is a further condition
and agreement between Owner and City that the conditions and
Provisions of Paragraph G relating to collection and payment of
sewer will run with the ownership of said water system
and will be so made a matter of public record in Seminole
County, Florida that said provisions will be binding upon any sub-
sequent purchaser or owner of said water system.
IN WITNESS WHEREOF, Owner has caused these presents to be
executed in its corporate name and its corporate seal to be hereunto
affixed by its officers thereunto duly authorized, and City has
caused these presents to be executed in its name by its Mayor, and at-
tested and its corporate seal hereunto affixed by its Clerk, all on
this the - day oft/ A.D. 1959.
Signed, Sealed and Delivered
in P esence of: _ ODHAM AUDO , INC
By
J. ailey 0 am, President
�7 r _
Att ,J
J �s A. Hunt, As t. Secretary
U Ef Y uY - AL VrORD, FJ ORIDA
B
A. L. Wils , Mayor
Att t .-
Hen Cl
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r
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
BEFORE ME, the undersigned authority, this day per., nally
appeared J. BRAILEY ODHAM and JAMES A. HUNT, to me well known
and known to me to be the parties who executed therforegoing
Lease - Purchase Agreement as President and Assistant Secretary,
respectively, of Odham and Tudor, Inc., a Florida corporation,
and they acknowledged to me that they executed the same for and
on behalf and as the free act and deed of said corporation, and
that they were thereunto duly authorized.
IN WITNESS WHEREOF, I have set my hand and official seal at
Sanford, Florida, this ��' `!� day of A, D, 1959.
Notary Tublic, State of Florida
` notary Pub4c, State of Florida at Large
My Commission Expires : MY Commission Expires Aug. 14, 1960
11""d0ti By n Fin & Casualty Co.
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
BEFORE ME, the undersigned authority, this day personally
appeared A. L. WILSON and HENRY N. TAMM, JR., to me well known
and known to me to be the parties who executed the foregoing Lease -
Purchase Agreement as Mayor and City Clerk, respectively, of the
City of Sanford, Florida, a municipal corporation, and they acknow-
ledged to me that they executed the same for and on behalf and as the
free act and deed of the City of Sanford, Florida, and that they were
thereunto duly authorized.
IN WITNESS WHEREOF, I have set my hand and official seal at
Sanford, Florida, this day of ; l L'(J66 A.D., 1959
�tar� Public, State of Florida My Commission Expires.
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