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1962-02AGREEMENT THIS AGREEMENT, made this November 5, 1962, by ana between JOHN M. BOYETT and wife DOROTHY E BOYETT. FIRST PARTIES, FRED L.. WOLFE and wife, DOROTHY D. WOLFE, SECOND PARTIES, and CITY OF CLERMONT, a Municipal Corporation, THIRD PARTY, all of Lake County, Florida, WITNESSETH: ViHEREAS,first and second parties are the owners of the respective hereinafter described. real property in Clermont, Lake County, Florida, as represented on the Map of Clermont Heights, filed 5/21/19 and recorded in Plat Book 4, page 1, Public Records of Lake County, Florida, to-wit: First Parties: Lots 202 to 203. inclusive, and fractional Lot 201, lying North of the right-of-way of State R.oad 50, which lots abut the Eastern boundary of Scott Street; and, Fractional Lot 200 lying North f the right-of-way of State Road 50, and all of Lots 221, 222, and 243, all of said lots abut the Northern boundary of Almond Street, ALSO, Lots 213 to 221, inclusive, and Lots 222 to 230, inclusive, all of said lots abut the Western and Eastern boundaries re- spectively of Goble Street. Second Parties: Lots 191 to 195, inclusive, and Fractional Lots 196. 197 and 193. lying North of the right-of-way of State Road 50 all of said lots abut the Western boundary of the right-of-way of Scott Street; and, Lots l41 to 145, inclusive, and Lot 338, lying North of the right-of-way of State Road 50, all of said lots abut the Southern boundary Of Almond Street. WHEREAS, on September 28, 1962, the first and second parties entered into an Agreement with FlFTY-TWENTY SEVEN PLAZA, INC., a Florida Corporation, wherein first parties have agreed to lease for 99 years their lands to said corpration, and second parties have agreed to sell said Lots 141 to 145. inclusive, and Lot 338, lying North of right-of-way of State Road 50, to said corporation,. the purpose of said Agreement is to make available to said corporation the first and second parties' lands wheraby said corporation may construct a Shopping Center thereon. WHEREAS, it is necessary that Almond Street, lying East of State Rood 50, and West of Bloxam Street, Scott Street, lying North of State Road 50 ana South of Highland A venue, and Goble Street, lying North of Almond Street and South of Highland Avenue, in the City of Clermont, be abandoned, closed, and vacated in order that said Shopplng Center, parking areas. and appurtenant struc- tures may be constructed on said first and second parties' lands. as well as on said stteets. which will be needed in sald construction and, said Third Party is willing to abandon, close and vacate said streets herein described, provided said Shopping Center is constructed, and if said streets are so closed and said Shopping Center is not .constructed, or under construction by November 1, 1963 the first and second patries, and their respective executors, administrators, and heirs at law, will reconvey the said streets so closed to the Third party for public streets and as a part of the system of streets of said City, the same as if said streets had never been closed; therefore, Inconsideration of the sum of $1.00 by each of these parties paid to tho other and by each herewith acknowledged, and in further consider- ation of the mutual benefits to the parties herein to be received through the construction of said Shopping Center, these parties mutually agree: 1. Third parties will, by Ordinance, abandon, close and vacate the following described streets in the City of Clermont: ALMOND STREET lying East of State Road 50 and West of Bloxam Street; Goble Street lying North of Almond Street and South of Highland Avenue; and Scott Street lying north of State Road 50 and South of Highland Avenue All according to the map of Clermont Heights, filed 5/21/19, and recorded in Plat Book 4, page 1, public records of Lake County, Florida and said ordinance will provide that all lands within the boundaries of said streets will revert to and become in fee simple a part of the respective lands of the first and second parties, which abut said respective streets in equal proporations, that is, one-half to first parties, and one-half to second parties. That if a Shopping Center, parking areas, and appurtenant buildings are not under construction by Fifty-Twenty Seven Plaza, Inc, a Florida Corp- oration, or its assigns, under the aforesaid Agreement, dated September 28, 1962, or by some other person, firm, or corporation, including first and second parties, by November 1, 1963, then in either event, the first and second parties, their respective heirs, executors, administrators, and assigns, will reconvey to Third Party their respective interest in said streets for street purposes. Acts of God, War or a government moratorium on building or build- ing supplies and material on or prior to November 1, 1963 shall operate as an extension of this Agreement during that period and six (6) months thereafter. Also, until November 1, 1963, first and second parties agree not to convey, lease, or mortgage, any part or parcel of said lands in said streets, except in accordance with said Agreement of September 23, 1962. 3. That when construction has commenced on said Shopping Center, these parties will enter into a written Agreement fully cancelling this Agreement. 4. In the event first and second parties, their respective heirs, execu- tors, administrators, and assigns, should fail or refuse to reconvey said lands in said streets in accordance with the terms of this Agreement, the Third Party may institute such proceedings, including condemnation, as it finds necessary in order to obtain the title to said lands in itself for street purposes, and no compensation of any kind, including damages, shall be due said first and/or second parties, by reason of said proceedings; and first and second parties and/or their lands abutting said streets shall be liable for all costs, including a reasonable attorney's fee, incurred by , reason of institution of said proceedings. Also, if Third Party fails or refuses to Close said streets; or cancels this Agreement, in accordance with the terms herein, the Third Party shall be liable to first and/or second parties for their respective costs and reasonable attorney's fee in securing the closing of said streets., or a cancellation of this Agreement. 5. This Agreement shall be binding upon and inure to the benefit of the executors, administrators successors and assigns of the respective parties hereto. WITNESS the signature and seals of the parties hereto. STATE OF FLORIDA, FIRST PARTIES. CITY OF CLERMONT COUNTY OF LAKE I HERBBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, JOHN M. BOYETT an!! wife. DOROTHY E BOYETT, First Parties: and, FRED L. WOLFE and wife DOROTHY D. WOLFE. Second Parties, to me well known to be the persons described in and who. executed the foregoing Agreement and acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid, this 5th day of November, 1962. STATE OF FLORIDA, COUNTY OF LAKE. I HEREBY CERTIFY that on this day personally appeared JOE BON JORN and A. M JOHNSON, Mayor and City Clerk respectively, of CITY OF CLERMONT, a Municipal Corporation, to me known to be the persons des- crlbed in and who executed the foregoing Agreement for an on behalf of the said corporation, as and for its act and deed for the uses and purposes therein expressed; and that they affixed thereto the official seal of said corporation. and the sald Agreement is the act and deed of said corporation. WITNESS my hand and my official seal in the County and State last aforesaid, this 5th day of November, 1962. .