069-Maece Taylor Second AmdmtSECOND AMENDMENT TO GOLF COURSE LEASE AGREEMENT BETWEEN THE
CITY OF SANFORD AND MAECE TAYLOR, INC.
This Second Amendment (the "Second Amendment ") to that Certain document
styled "Golf Course Lease Agreement" between the City of Sanford (the "CITY ") and
Maece Taylor, Inc. (the "LESSEE "), dated September 27, 2007 (hereinafter referred to as
the "Golf Course Agreement') is made and entered into by the CITY and the LESSEE.
RECITALS:
Whereas, the LESSEE and the CITY entered into the Golf Course Agreement; and
Whereas, Article VIII B of the Golf Course Agreement provides that amendments to
the Golf Course Agreement may on be made by formal written amendment to the Golf
Course Agreement to which the parties mutually agree in writing; and
Whereas, the LESSEE and the CITY amended the Golf Course Agreement by
virtue of that certain document executed by the LESSEE on September 15, 2008 and the
CITY on October 8, 2008 which First Amendment related to the provisions of Article II C
relative to equipment (golf carts); and
Whereas, the parties are desirous of further amending the Golf Course Agreement
by amending Article 111 C. of the Golf Course Agreement to provide for the revision of the
schedule of payments to be made by the LESSEE to the CITY.
Now, Therefore, in consideration of the mutual covenants and agreement herein
made and other good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the LESSEE and the CITY agree as follows:
Section 1. Incorporation of Recitals. The above recitals (whereas clauses) are
true and correct and are incorporated herein by reference.
Section 2. Amendment to Article III C /Payment to CITY. The provisions of
Article III C. of the Golf Course Agreement are hereby amended to read as follows:
"(C). The parties agree that the CITY shall receive from the LESSEE five percent
(5 %) of the gross revenues from the PROPERTY, including its Golf Course, Club House,
and Pro Shop, which shall include, but not limited to, green fees, concessions, room
rentals, handicapping, merchandise sales, tournaments fees, driving range charges, golf
cart rentals, and club /baggage rentals. Provided, further, that revenues received from golf
lessons and golf clinics are excluded. Payments owed by the LESSEE to the CITY
pursuant to this provision shall be made to the CITY, without demand, as follows:
(1). Payment for gross revenues due for the period from September 27, 2007
through December 31, 2008):
(a) $35,000.00 on or before April 13, 2009 (which has been
accomplished);
(b) $6,000.00 on or before each of the following dates: June 1,
2009; July 1, 2009; August 1, 2009; September 1, 2009; and
October 1, 2009;
(c) $9,311.00 on or before November 1, 2009; and
(d) $2,000.00 on or before December 1, 2009 for estimated CITY legal
expenses.
(2). Payment for gross revenues due for the period of calendar year 2009 due on
or before March 31, 2010.
(3) Payments for calendar years 2010 and beyond:
(a) Two and one half percent (2.5 %) of each month's gross
revenues commencing January, 2010 with payment due on or before
the twentieth day of the following month.
(b) The remainder of the five percent (5 %) of annual gross revenues on
or before the last day of March commencing in March, 2011.
(4) Any tax payments due from the CITY shall be paid as credits from amounts
paid by the LESSEE to the CITY in the discretion of the CITY."
Section 3. Effect of Second Amendment. This Second Amendment shall take
effect upon full execution hereof by the CITY and the LESSEE. All other terms and
conditions of the Golf Course Agreement, as previously amended, shall apply and continue
in effect and the Golf Course Agreement, as previously amended, and this Second
Amendment to the Golf Course Agreement shall be read in harmony and in pari materia.
In Witness Whereof, the LESSEE and the CITY have caused these presents to be
executed in manner and form sufficient to bind them as of the day and year first above
written.
ATTEST.
LESS E/ AECE TAYLOR, INC.
By: David S. Phillips
Sole Corporate Officer
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was sworn before me this 1 11-5 day of , 2009, by
David S. Phillips, sole corporate officer of Maece Taylor, Inc., who is personally known to
me or who has produced his drivers licenses (number as
II - ia
identification and who did take an oath.
ATTEST.
i
For the use and reliance of City of Sanford
only. Approved as to form and legal
sufficiencv. D /
UVi�m L. Colbe , City AtMh
NOTARY PUBLIC
A
'Uted Name:
My commission expires on:
CITY OF SANFORD
Lind u n, Mayor
Date: o�
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JULIE A EIIFNM
MY COMMISSION N 85
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EXPIRES: Ma 155, , 2013 13
F ;ry.•'
Banded Thru Notary Pic Wervoiters
ATTEST.
i
For the use and reliance of City of Sanford
only. Approved as to form and legal
sufficiencv. D /
UVi�m L. Colbe , City AtMh
NOTARY PUBLIC
A
'Uted Name:
My commission expires on:
CITY OF SANFORD
Lind u n, Mayor
Date: o�