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