1925-01 STATE OF FLORIDA:
LAKE COUNTY •
THTS INDENTUFE OF LEA�_,E, Made this Zriti Day of Oc-
tober, A . D 1925 , between the City o±Clera_ont, a body politic
and corporate under the laws of the State of Florida, party of
the first part, hereinafter celled the LESSOR, and Henry Conrad,
T .L . Hend.r?x and H. D . Washburn, all of the City of Lakeland,
Polk Coa ty, Florida, parties o7 the second part, hereinaster
called the LESSEES, WITH SSETH:
That each of the aforesaid parties adnowleoges the
receipt of a valuable consideration from the other and that
they and each of them act herein in further cons) eratien o the
engagements of the others as herein stated .
Th,--t LESSOR has and does hereby demise and lease unto
the said LESSEES the follov inp described premises: all that
certain carcel or tract of land situate in the City of Clermont ,
— F �— �-
-- Lake-County,,T 1-orraa�ou_naed and �e..crioea as �ollows; towit :
on the north by Center Lake, on the east by Eighth Street , on the
south by Highland Avenue, and on the west by West Avenue, being
a pars of Government Lot Three ( 3) of Section Twenty-four (24) ,
Township TtiTenty-two (22) 5, Range Twenty-five ( 25) E, Lake County,
Florida.
To have and to hold the above described premises unto
the LESSEES for a period ot 99 years commencing on the first day
of October, , A.D . 1925 , and ending on the tnirtieth day of Sep-
' teraber, A . D . 2024 .
l I The LESSEES hereby covenant
and agree to pay to the
LESSOR as rent for the aforesaid premises the sum of One Dollar
( i .00) per annum, payable on ac:'iance on the first day of October
of each and every year dui -tn the y:;eriod above stated .
In addition to the rental herernbeefo,_ e provided to be
peed, LESSEES further covenant and agree to bear , pay end
discharge all taxes , assessments, rates , charges for revenue, im-
posts, and all levies _,eneral and soecial, ordinary and extra-
ordinary, of any name, nature end kind whatsoever, mhich may be
fixed, charged, levied, assessed or othertihlse ion ,osed u_oon said
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memises, or upon any or all buildings or improvements thereon,
bvt said LESSEES shall not be required to pay income taxes or
any inneritance or succession taxes which ,ray at any time cur-
ing the term of this leaFce oe re yuired to be paid upon any
gift, devise, deed, mortgage, descrnt, or other alienati;n of
any part of or all of said leased orernises and property
LESSOR and LESSEES shall pay pro rata the taxes ancc assessments
for the current year.
LESSEES shall exhibit or deliver to LESSOR as often
as requested so to do, the receipts shoming the payments of the
aforesaid taxes, assessments , rates , charges , imposts and levies
If the LESSEES shall fully observe and perform all
of the co-ienants and conditions of this iease devolving upon Ind
to be performed by them, the LESSOR hereby covenants and agrees
that said LESSEES shall have the peaceable possession and enjoy-
'tient of said. premises , without the let , hindrance or disturb-
— - ante of -a-ny-person whomsoever . — — --
As paTtt of the consideration of this lease, and in
ac J!tion to the rental hereinbefore providec., the LESSEES cov-
enant that within ninety days From and after the execution and
delivery of this lease they will commence the erection upon
said premises of a modern hotel building, to contain not less
than one hundred (100) guest rooms, to be built of brick, stone,
concrete or hollow tile with stucco finish, with tile roof, to
be constructed of good material, erected in a good workrnnlike
manner, and to complete the construction of said hotel building
on or befoie the 30tn day of September, A . D 1926, free and
{
clear o1 all building and statutory liens; c,nd that they will,
within sixty days froo:i. the date hereof enter into a contract
with some reputable contractor for the erection and completion
of said hotel building within the time hereinbefore specified,
and requires front such contractor a bond, executed by sortie
reputable surety company, in the sum o_ one-half of the con-
, tract price, conditioned dor the completion sold hotel build-
ins in the time and manner set forth in sa= id contract, and file
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with the LESSOR conies of said contract, plans and specifications,
and bond . In these respects tire ishereby specifically declared
to be of the essence of this contrsct, but the LESSOR shall have
the right on and after the 1st day of December, A D . 1925 , to
declare this lease utterly null and void and of no J urther force
and effect whatsoever, if the LESSEES shall fail to procure the
aforesaid contract and bond; and likewise to declare this lease
null and void if the LESSEES shall fall to comulete the construc-
tion of said hotel building within the t!mehereinOeiore limited;
in either of which events, the LESSOR shell live the right to
re-enter and take possession of saia premises; and any improvements
which may ha-ve been placed thereon by the LESSEES shall become
the property of and inareLto the benefit of the LESSOR
LESSEES iurthei covenant and agree that the LESSOR shall
have the right, after the completion of said hotel building, to
assess the iaprovel6ents so to ae placed on said oremses by the
LESSEES forta�xEs;Zn t'r_e scG.1e Manner and proportionate volae ana
at the sane rate tna_t other privately_ owned property within the
corporate limits of the City of Ulera?ont is assessed, regardless
of the rs ct that the land unon Thich s acn imorovements are to
be placed is owned by tne LESSOR.
LESSEES further covenant that LESSEES will not , except
by way of mortgage of the leasehold estate to secure some actn21
in,J'ectedne , assign or transfer this lease without the wr.LLen
consent or the LESSOR, unless there be at the time no exist-
ing default on the part of the LESSEES in observance of the
conditions herein, nor ,unless the f list building ne cein coven-
anted to be erected shall have been completed, nor unless the
assignee or this lease she L1 expressly assume LESSEES ' engave-
menus hereunder, nor unless LESSE_S shall nave first placed in
tne hands of the LESSOR for inspection a sufficiently executed
instrument of asQ ignment and assumption which instrument shall
be recorded at or aboat the time 0± its execution, bat after
— 4 —
any assignment made in conformity with the above conditions
there shall be no further liability under this lease against
LESSEES herein named, and thereafter all liability shall rest
upon the assignee . Any assignment not__in conformity with the
abate shall be void.
LESSEES further agree that LESSEES will day End 'n=
demnify LESSOR against all legal costs ana charges including
counsel fees reasonably incurred 'nand about the defense of any
suit in discharging the said premises or any part thereof from
any liens , juogments or encumbrances , caused or sufferea by
LES,?EES .
LESSEES further covenant that LESSOR shall have at all
tiges during, the term of this lease , the
right topay any taxes , assessments, water rates, liens or other
charges upon said premises, and the improvements thereon, also
to redeem said premises from any sale thc t gney oe a.ade of the
same for taxes or assessments; that the amount so pales including
reasonable expenses shall be so much additional rent due at the
next rent date, ana be a lien on LESSEES ' interest in saicL pre—
mises, after such payment .
It is further provided that it shall not be obligatory
- upon the part of the LES"-720R to enquire into the validity of any
taxes, assessments , liens or otner charges, or any tax sale,
before ma_ing paynent as herein provided. If LESSEES should
in good faith desire to contest any of said items the same may
be done on givin LESSOR a bond in the amount tnereof conditioned
for the paygent of such items in case LESSEES be defeated in
litigation .
LESSEES further covenant that said premises and all
buildings and improvements thereon shall during the term of
this lease be used only and exclusively for proper, legitimate
and moral purposes and that LESSEES will not us.e nor suffer any
person to uae in any manner whatsoever the said premises or any
buildings thereon for any purposes in violation of the latims of
the United States, the State of Florida, or of the Ordinances
and Laws of the City of Clermont that are enforced, or will save
LESSOR harmless from their violation.
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LESSEES further covenant that LESSEES will at all times
:peep all buildings and improvements on said premises and all
appu±tenances thereto and all sidewalks, steps end excavatiohs
under sidewalks in good, clean, safe, secure and sanitary con-
dition and repaired and will keep any alley adjoining said pre-
mises in a clean, sanitary and safe condition and will conform to
all enforced municipal ordinances and laws a Fectin,; said f're-
mises ana will save the LESSOR free and harmless from any penalty,
dazpage or other charges imposed for any violation of any of said
laws, whether occasioned by the neglect of the LESSEES or any
agent in the employ of said LESSE.f'S, or any person contracting
with said LESSEES and that LESSEES bill indemnify and keep harm-
less LESSOR against and from any loss caused by damage or ex-
pense arising
out oi the construction and erection of any build-
ings or improvements on said _remises, or oat of any accident or
other ocaurance causing injury of any person whomsoever, or
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property whatsoever , and due directly or indirectly to the Ilse
of aforesaid premises or any part thereof.
It is hereby covenanted and agreed that no waiver of
a breach of any of the covenants of this lease shall be construed
to be a waiver of any succeed inV breach of tne same or any other
covenant.
It is further covenanted and agreed that in case any
improvements and buildings upon said ptemises shall ae at any
time damaged or destroyed by fire, or other casualty, this lease
shall not thereby be terminated, the laws of the State of Florida
to the contrary notwithstanding.
LESSEES shall have the privilege of removing or razing
the building or buildings Spon said premises at any time for the
purpose of erecting_ in place thereof a new building or buildings,
but prior to such removal or razing a bond or satisfactory se-
curity shall be executed to, and deposited with LESSOR, in the
sure equal to the valuerof the building removed or razed , con-
ditioned that wit /ti o years iron the removal or razing of said
building or buildings there shall be erected in place thereof
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a hotel building suitable to the location and of the fair
value and cost of construction of not less than the value of
the building removed or razed, and in cE E e of fcilure to erect
said building or buildings within the time herein specified,
reasonable damages for such failure to erect said building or
buildings shall be ?aid to LESSOR.
En excavating for any bui]dinz toto erected upon said
e premises , LESSEES shall conform to and observe all laws, statute ,
and ordinances relating to such excavation and will protect all
buildings on adjacent premises end at all times nave and keep
the LESSOR'S premises hereby leased free and discharged of any
liability in favor of the owners of adjoining Brei ises .
It is further covenanted and agreed by and between the
parties hereto, that any demand for rent ma, e after it becomes
due, shall have the semd force and effect as if mane on the day
it falls due, that if any default shall be Ta_ e by tn.e LESSEES in
any payment of rents or taxes, assessments, insurance premiums,
water rates , or any ottler sum herein stipulated and agreed to
be paid or kept, or the said ` LESSEES shall fail to keep and
perform any other covenant, condition or agreement, herein crovided
on the part of the LESSEE tole performed, and such default shall
exist for a period of sixty ( CO) days, then, and in that case,
the Lessor may serve upon said Lessee written notice of such
default; and, if such default shell then continue without being
wholly remedied for a period of thirty( 30) days -after the service
of such notice, tnen it shall and nay be lawful for the LESSOR
without further notice9 to declare said demised term ended, ana
to re-enter and re- ossess the saiddemised premises, and the builc-
ing and zia_nrovements situated thereof., or any part thereof, either
with or without o�rocess of law, and the said LESSEESdo _= in such
event, hereby waive any demand for possession of the demised
premises, and any end all buildings and ir.provements then sit-
uated thereon, and the LESSEES covenant and agree, upon the termi-
nation of Said demised term at the election of said LESSOR, or in
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any other way, to surrender and deliver up )said. above described
premises and
i pronert y peaceably deo said LESSOR, or the agents or
attorneys of LESSOR, itmiediately upon the termination of said de-
mised term.
It is hereby covenanted and agreed betTeenthe oarties
hereto that- all covenants, conditions, - agreements end undertak-
ings in this lease contained shall extend to and be binding on
the respective nears , executors, administrators , successors and
assigns of tne respective parties hereto the sane as if they
were in every case named and expressed and the saide shall be
construed as covenants running with the land. Also that the
terms t'LESSOR"arid"LESSEESu shall be construed in the singular
or plural nutiber according as they respectively represent one
or more than one person.
LESSOR hereby covenants that said premises are free
and clear from x.11 encumbrances as appears from an abstract
or certificate -of-trtle-accompanyin this instrument, also
free from any restrictions or limitations on their use which will
prevent or interfere with such use for hotel buildin4,s end other
-
like uses , and if LESSEES shall keep and perform all the covenants
of this lease on the part of the LESSEE'S to be performed, LESSOR
will guarantee to LESSEES the glinet ,peaceful and uninterrupted
possession of s6 is premises .
The Mayor, President of the City Council, and Clerk
of the City of Glermont are duly autnoriz,ed to execute this lease
on behalf of the saia City of Clermont by resolution duly passed
and adopted by the City Council of tne City of Clermont, and
received and approved oy the payor of said City on the 2nd day
of October, A. D . 1925 , which has been duly recorded in the
minutes of said City Council of that date.
l�
TESTIMONY WHLRLOF, the above named LESSOR has caused
its corporate name to be subscribed by W. IN McKinney, its Mayor,
and H . C . Brown, Presioent of the City Council of the City of
Clermont, and its corporate seal to be nereunto affixed enC the
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execution of these presents attested by Stella Thompson, Glekk of
the City of Clermont, and the above named LESSEES have subscribed
their names and affixed their seals hereunto and to two other
original instruments of identical tenor and date, this the day
and year first shove written.
This instrument consists of eight typewritten pages _
anct each pe ;e is signed upon its margin with the initislao;'�;a'� ' '
6 .j
4
1 . N . McKinney, _J.ayano of the City ��a. �'
nr of C�ler pont . -
Signed, sealed and delivered % ,,� a6, �, , �1i`,:n -.
In the presence of; "‘.,:'•OtZIONfi0 7
b
C P°am u
i CITY OF CLEC- i T T 4X*.,n •� ,`44;(�
WTitn4 ses as to LESSER ,, yor ,(
B y✓
President, Uit- Council
-/ /
Attest: .C' ,_ mr. ,,:./.44 'I
City Lile"k.
PartYcs of the first oat .
- ; .__X--- e;,_,.._,,,z__„2_„„
Ezzas2_,., s‘ ,3t:,--,:„_,,,,__.
......:L.,,..,,_
/ .
2v
Witnesses as to LESSEES . '��,
w
o /
arties of the second part
STATE OF FLORIDA :
COuIITY OF LAKE
I HLPLBi' Cr T!FY That on this ast day of October, A .D .
1925 , before me personally appeared W. N . McKinney, H . C . Brown
and Stella Thom-oson, respectively Mayor , President of the Oity
Oouncil 4nc City %jlerh of the City of "lermont , a body politic
and corporate under the laws of the State of Florida, to me _,noin.t
to be the ,ersons described _in and who executed the foregoing
lease and severally acknowledged the execution_ thereof to be
their fee act and deed as such officers for the uses and pur-
r
poses therein i entioned; enr_ that' they afr_'ixed thereto the
official seal of said cor-oorct ion enc the said instrument is the
act and deed of said corporation.
','JITNESS my signature and official seal at _
in theCounty of Lc_ke and State of rlori._a, the day and.' I/ 1-5- -- o;y,,f
last aforesaid . ,r7
Notary Puhiic, Stale %:1o=341a, •-
i
at It rge .
My commission expires / lyy�ji •
STATE OF FLO"IDA:
CO ITTY OF POLK .
I HEREBY UERTIFY That onthis day o'r' October, A .D
19c5, before me uersonally apoeared Henry "onrad, T . L . Hendrix
and H. D . 1.61ashburn, to me known to be three of the Arsons described
in and mho executed the foregoing lease and severally acknowledged
the execution tnereoF to be their free act and clad for the uses
and ,Purposes therein fien-cioned;
WITNESS my signature and official seal at Leiceladid,
ier the County of Polk and State of �'lorid•a,, �th f`Unc year last
aforesaid.
Notary :f94.i e Florida
My commission expires 1 /0
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