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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 - 2 - 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 - 3 - 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. - 5 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 aaa 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 - 6 - 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 - 7 - 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 - 8 - 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 til O CD0 Cr' Po1-3• 0 CD r r N 1 R �3 N 54 fa•