1954-02EASEMENT
THIS AGREEMENT, made and entered into this
6th day of July, A. D., 1954, by and between the CITY
OF CLERMONT, a Municipal corporation of Lake County,
state of Florida, party of the first part, and
CARL K. PRIME, party of the second part, WITNESSETH:
WHEREAS, party of first part owns in fee simple
the following described property in the City of Clermont,
Lake County, Floricla, to-wit:
PARK bordering shore of Lake Minneola and
lying approximately between the Northerly
extensions of Third and Fourth Street; and,
Fractional Government Lot 1 in Section 24;
Township 22 South, Range 25 East, described
as: Begin at NW corner of Govt. Lot 1 of
said Sec. 24 and the shore of Lake Minneola,
and run South on West line of said Govt. Lot
1 to the North side of right of way of public
road (State Road #561); thence along North
right of way line of said road to intersect
the center line of Second Street; thence North
along the extension of said center line to
shore of Lake Minneola; thence Southwesterly
along the water's edge to the Point of Begin-
ning;
all as represented on the Official Map of the
City of Clermont duly filed on 2/4/26 and re-
corded in Plat Book 8, pages 17 to 23, incl"
public records of Lake County~ Florida.
WHEREAS, second party desires an Easement over,
through arid across said lands or a part or parcel thereof
for a total width of 30 feet, the Easterly boundary of
which is located 170 feet Westerly of the dock now located
on the second above described premises, so that he might
construct from the water's edge or shore line a dock extend-
ing Northerly into said Lake Minneola wherefrom will be
operated by him a business engaged in sight-seeing tours,
sales agency for Correct Craft boats, limited boat repairs,
2-slip boat port, inboard motor hoists, outboard trailer
ramps, and a water skiing school and join all organizations
in a free-boat operation therefrom and water safety program,
and to conduct said business and to fully protect the public
in general and the City of Clermont as more specifically set
forth in second party's letter to first party dated May 31,
1954, now on file in the office of the City Clerk of said
City, a true copy of which is hereto attached and made a
part hereof as if same to~ether with all conditions therein
were set out in full herein.
NOW, THEREFORE, in consideration of $1.00 each paid
to the other party and hereby by each party respectively
acknowledged, and in the further consideration of the premises
and covenants herein contained to be performed by both parties,
it is mutually agreed as follows:
The party tif the first part shall fully use and enjoy
the aforesaid premises, except as to the rights herein granted;
and the party of the second part hereby agrees to hold and
save the said first party harmless from .any and all damage
Easement
July 6, 1954
Page 2
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arising from his use of the right, easement, and right of way
herein granted and agrees to pay any damage or damages, what-
soever they may be and however they may arise, which may arise
to the property, premises, or rights of the party of the first
part or any other party or parties, whomsoever they may be,
by and through the second party's use, occupation, operation
of said business, and possession of the rights herein granted.
Party of the second party shall keep all improvements
constructed in connection with his business in an excellent
state of repairs at all times not allow junk of any kind to
accumulate on the premises or along the shore of said lake;
to keep his business and improvements and operation thereof
fully insured against any and all claims of damages or other-
wise that might arise in the operation of said business, for
which he may be liable to any person, firm or corporation,
including first party. Not to assign, transfer or in any way
dispose of any rights granted hereunder, including the improve-
ments made in connection with the operation of his business;
and, upon the termination of this right, easement and right of
way herein granted to return the possession of the premises
to first party together with all improvements made along the
shore of Lake Minneola by second party for the operation of
his business, said improvements then to become the property
of first party without further cost to first party. Upon
failure of second party to perform each and every of the
covenants herein contained and in the aforesaid letter first
party may cancel this easement and enter upon and take
possession of said premises and all of said improvements the
same as it has a right to do upon the termination of the
easement at its expiration.
TO HAVE AND TO HOLD the said right, easement and
right of way unto the party of the second party for a period
of five (5) years from date hereof under the specific
conditions, covenants, restrictions and considerations as
set forth herein and in second party's letter td first party
dated May 3l, 1954, the original of which is on file in the
office of the City Clerk of the City of Clermont, .a true copy
of which is hereto attached and made a part hereof as if all
of the conditions, restrictions and considerations therein
contained had been set forth in full herein.
IN WITNESS WHEREOF party of the first part has caused
these presents to be signed by its undersigned officers and
its corporate seal to be affixed this July 6th, 1954 and
second party has joined in the execution of this Easement for
the purpose of evidencing his acceptance of same and agreement
to perform each and every of the conditions set forth herein,
including those by reference.
Signed, sealed and delivered
in the presence of:
CITY OF CLERMONT
By
Mayor
Attest
City Clerk
Secon Party (Seal)