Loading...
444-Lake Jessup Groves, Inc. - ~ECOND MODIFICATION TO AGREEMENT This SECOND MODIFICATION TO AGREEMENT, entered into on this~;~/--"~-ay of ~~~20o3, betw., the CITY OF SANFO~D, (h~ refe.~ to as 'CITY"), a municipal corporation, and LAKE JESSUP GROVES, INC., (hereinafter referred to as ,LJG"), (collectively the parties) shall modify the AGREEMENT between the parties dated February 25, 1992, as modified by that certain MODIFICATION TO AGREEMENT dated August 1, 1998 as follows: WHEREAS the original AGREEMENT between the parties contemplated returns from the sale of citrus by LJG which would be sufficient to fund a phased plant out of the entire 270 acres of the property leased to LJG pursuant to said AGREEMENT; and WHEREAS to date LJG has not recovered its initial investment nor realized profits which would justify the cutTe~ schedule of further ptat~ing as provided for under the AGREEMENT as WHEREAS the parties have agreed to allow other uses for the currently unplanted portion of the leased premises to wit: growing and selling sod therefrom; and WHEREAS the parties have agreed to a revenue sharing arrangement for said operation different and distinct from the Rental and Revenue sharing requirements for citrus it is therefor ~ and agreed that the AG,~C.~.M~NT between the pertiee is modified as follows: Paragraph (2)(a) of the AGREEMENT, as modified, shall no longer require a set time schedule by which LJG shall be required to plant further phases of citrus. LJG may plant the remaining portion of the leased premises, in phases as previously agreed, as and when economically feas~le to due so in the sole determination of LJG. LJG shall continue to seek other revenue generating uses for the remaining unplanted portion of the leased premises, such as the current sod sales, and as for sod sales shall pay CITY, as rent, ½ of all proceeds dedved therefrom. Said payments of rent may be paid directly to the CITY by the sod buyers as and when payments are made. 4. The rental and revenue sharing arrangements previously agreed shall remain in full force and effect as to any future citrus plantings and sales. All other terms and conditions of the AGREEMENT and the MODIFICATION TO AGREEMENT not in conflict herewith shall remain In full force and effect. Brady Lesse~d, Mayor Date: ~ - ~.~ / -/_? ~'~ At~e~: City Clerk Tenant: LAKE JESSUP GROVES, INC. B - George B. Wallace,~resident Date: