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1961-07AGREEMENT WHEREAS, MATTIE T. COOK, the unremarried widow of Oscar T Cook, Sr., deceased, the First party herein, owns in fee simple the follow- ing parcels of real property in Clermont, Lake County, Florida; Parcel No. 1: West 6 feet of East 33 feet of Lot 14 block 80 parcel No. 2: East 27 feet of lot 14; and the west 20 feet of lot 12, block 80 all according to the official map of the City of clermont, filed 2/4/26, and recorded in Plat Book 8, pages 17-23, inclusive, Public Records of Lake County, Florida; and Whereas the City of Clermont, a Municipal Corporation of Lake County, Florida, the second party herein, owns in fee simple, lots 13, 15, and fractional lots 17 and 19, block 80, according to the above described Official Map, upon which said City maintains a public parking lot; and, Whereas, prior to the death of Oscar T Cook Sr, (the deceased husband of first party) he and the then Council Members of said City, mutually agreed: (a) Oscar T. Cook, Sr and wife, Mattie T Cook, would convey to said City the above described parcel No. 1 on which said City would construct and maintain a sidewalk for the use of the general public going to and from said parking lot between same and Montrose Street (b) if said City sold the who of such lands within said parking lot, or if said parking lot was discontinued, the city would reconvey to the then owners of the above described parcel No. 2, the lands described in Parcel No. 1 (c) That Oscar T Cook Sr, and wife, Mattie T Cook, would lease to said City the lands described in Parcel No. 2, for a public parking lot (d) That if at any time in the future the said Oscar T Cook Sr, and wife, Mattie T Cook, and their respective heirs, execu- tors, administrators, and successors in title should take out a bona fide building permit to erect a building on said parcel No 2, or any part thereof, or should sell said Parcel No 2, the City, upon 90 days written notice, would vacate said Parcel No. 2, remove and join in the written cancellation of the lease. (e) Further, that if a building was to be erected on said parcel no 2, the then owner must erect the building adjacent to LEASE Mattie T Cook, the unremarried widow of Oscar T Cook, Sr deceased, the Lessor, and the City of Clermont, a municipal corpora- tion of Lake County, Florida, the Lessee, each in consideration of the agreements to be performed by the other, hereby, on this December 1, 1961, agree: 1. Property and Term: The lessor hereby leases to the Lessee, the following described real property in Clermont, Lake County, Florida: The East 27 feet of Lot 14 and the West 20 feet of Lot 12, Block 80, as represented on the Official Plat of the City of Clermont, filed 2/4/26, and recorded in plat book 8, pages 17-23, inclusive, public records of lake county, florida of the term beginning at 12:01 a.m. on December 1, 1961, and ending at 11:59 p.m. on November 30, 1971. 2. Rent: the lessee will pay to the lessor, as rent for the property leased during the term, all taxes and special assessments duly levied and assessed against said property for the years during this lease, except for 1961. 3. Miscellaneous: (a) The lessee may renew this lease for an additional term of ten (10) years on the same terms and conditions upon written notice to lessor ninety (90) days prior to expiration of this lease; (b) Lessee wil luse the premises for only a public or municipal parking lot or area and will save the Lessor absolutely harmless by reason of said use (c) Lessor may terminate this lease by giving Lessee ninety (90) days written notice provided lessor takes out a bona fide building permit for a building on said land; sells said land to a bona fide purchaser for a valuable consideration, or Lessee breaches any terms hereof; and, 9d) this Lease is made in accordance with and subject to the terms and conditions of an Agreement between the Lessor and Lessee of even date hereof. Witness the hands and seals of the Lessor and Lessee Witnesses: As to Lessor and Lessee Lessor said Parcel No, 1 and extend the roof of said building over Parcel No.1, thereby providing a covered walk-way to the City's parking lot located on the lots above described. Said building so erected might have entrances or exits on to said walk-way, WHEREAS, it is the intent of first and second parties to carry out the mutual agreements and place same in writing and of record; therefore, WITNESSETH: That in consideration of $1.00 by these parties each paid to the other and in consideration of the mutual benefits to the respective parties hereto, these parties agree: 1. That first party will convey by Special Warranty Deed the above described Parcel No. 1. 2, That first party will lease for a term of ten (10) years, the above described Parcel No. 2 for $1. 00, with right of renewal for a like period of time, with second party assuming and agreeing to pay all taxes on both Parcels, No's, 1 and 2, during the term of said lease and renewal thereof, with ninety (90) day written notice of cancellation, and to save first party harmless in the use of said land. 3. That said deed and lease will be subject to and executed in accord- ance with the terms of this agreement. 4, That this agreement shall inure to the benefit of, and be binding upon the heirs, executors, administrators, assigns and successors to the respective parties hereto. WITNESS the hands and seals of the respective parties, as of December 1, 1961. WITNESSES: As to both Parties. I HEREBY CERTIFY that on thIS day before me, an offIcer duly qualified to take acknowledgments, personally appeared MATTIE T, COOK, the unremarried widow of Oscar T. Cook, Sr., deceased, the first party, to me known to be the -2- A G R E E MEN T WHEREAS, MATTIE T. COOK, the unremarried widow of Oscar T. Cook, Sr., deceased, the First Party herein, owns in fee simple the follow- ing parcels of real property in Clermont, Lake County, Florida: Parcel No.1: West 6 feet of East 33 feet of Lot 14, Block 80; Parcel No.2: . East 27 feet of Lot 14;' 'and, the West 20 feet of Lot 12, Block 80; ALL according to the Official Map of the City of Clermont, filed 2/4/26, and recorded in Plat Book 8, pages 17-23, inclusive, Public Records of Lake County, Florida; and, WHEREAS, the CITY OF CLERMONT, a Municipal Corporation of Lake County, Florida, the Secopd Party herein, owns in fee simple, Lots 13, 15, and fractional Lots 17 and 19, Block 80, according to the above described Official Map, upon which said City maintains a public parking lot; and, WHEREAS, prior to the death of Oscar T, Cook, Sr., (the deceased husband of first party), he and the then Council Members of said City, Mutually agreed: (a) Oscar T. Cook, Sr. and wife, Mattie T. Cook, would convey to said City the above described Parcel No. 1 on which said City would construct and maintain a sidewalk for the use of the general public going to and from said parking lot between same and Montrose Street. (b) If said City sold the whole of such lands within said parking lot,' or if said parking lot was discontinued, the City would reconvey to the then owners of the above described Parcel No.2, the lands described in Parcel No. 1. (c) That Oscar T, Cook, Sr. and wife, Mattie T. Cook, would lease to said City the lands described in Parcel No.2, for a public par king lot. (d) That if at any time in the future the said Oscar T. Cook, Sr. and wife, Mattie T. Cook, and their respective heirs, execu- tors, administrators, and successors in title should take out a bona fide building permit to erect a building on said Parcel No.2, or any part thereof, or should sell said Parcel No.2, the City, upon 90 days written notice, would vacate said Parcel No.2, remove and join in the written cancellation of the lease. (e) Further, that if a building was to be erected on said Parcel No.2, the then owner must erect the building adjacent to said parcel no. 1 and extend the roof of said building over parcel no. 1, thereby providing a covered walk-way to the City's parking lot located on the lots above described. Said building so erected might have entrances or exists on to said walk-way. Whereas it is the intent of first and second parties to carry out the mutual agreements and place same in writing and of record, therefore, Witnesseth: That in consideration of $1.00 by these parties each paid to the other and in consideration of the mutual benefits to the respective parties hereto, these parties agree: 1. That first party will convey by Special Warranty Deed the above described parcel No. 1 2. That first party will lease for a term of ten (10) years, the above described parcel no. 2 for $1.00, with right of renewal for a like period of time, with second party assuming and agreeing to pay all taxes on both parcels, no.'s 1 and 2, during the term of said lease and renewal thereof, with ninety (90) day written notice of cancellation, and to save first party harmless in the use of said land. 3. That said deed and lease will be subject to and executed in accord- ance with the terms of this agreement. 4. That this agreement shall inure to the benefit of, and be binding upon the heirs, executors, administrators, assigns and successors to the respective parties hereto. Witness the hands and seals of the respective parties, as of December 1, 1961. State of Florida, County of Lake I hereby certify that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Mattie T Cook, the unremarried widow of Oscar T Cook, Sr., deceased, the first party, to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed the same. Witness my hand and official seal in the County and State last afore- said this 5th day of December, A.D., 1961. Notary Public, State of Florida at Large. My Commission expires September 14, 1962. Bonded by American Surety Co of NY State of Florida County of Lake I hereby certify that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Joseph Bon Jorn and A M Johnson, to me known as the Mayor and City Clerk respectively of the City of Clermont, a Municipal Corporation of Lake County, Florida, and acknowledged that they executed the foregoing instrument for and on behalf of said corporation, as and for its act and deed for the uses and purposes therein expressed, and the said City Clerk further acknowledged that he affixed the seal of said municipal corporation to said instrument; that the seal thereto affixed is, in fact, the seal of said corporation, and that the seal was affixed pursuant to due and legal corporate authority Witness my hand and official seal this 1st day of December, A.D., 1961