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A G R E E M E N T
Waldo Q. Leland, 'red-
eric A. Delano, William
E. Lingelbach, Viewton B.
Drury, David R. Dunham,
and Louisa Y. King ( rs.
Francis King), as Board
of Trustees, Llambias
House
The Federated Garden
Club of St. Augustine,
Florida
AND:
THIS AGREEMENT, made and entered into this 2 & J
day of _...... A. D. 1939, by and between Waldo G. Leland,
Frederic A. Delano, William E. Lingelbach, Newton B. Drury,
David R. Dunham and Louisa Y. King (Mrs. Francis King), as Board
of Trustees Llambias House, of the first part, and The Federated
Garden Club of St, Augustine, Florida, a Florida corporation
not for profit, of the second part,
WITNESSETH: That in consideration of the covenants,
conditions, provisions and stipulations herein made and to be
kept and performed by the party of the second part, the parties
of the first part, as Board of Trustees Llambias House, pursuant
to the authority in them vested as such Board under and by virtue
of that certain Deed of Trust dated December 31st, 1938, from
Carnegie Institution of Washington to the City of St. Augustine,
Florida, Trustee, do lease and let to the said party of the
second part all of the following piece, parcel or tract of land,
situate, lying and being in St. Augustine, St. Johns County,
State of Florida, to-wit:
Beginning at a point 94 feet more or less
westerly from the Southwest corner of St. Francis
and Charlotte Streets, running thence southerly 156
feet more or less to the north line of Lot 5, thence
westerly along north line of said Lot 5, 87 1/2 feet
more or less to east line of Lot 2, thence northerly
along the east line of said Lot 2, 160 1/2 feet more
or less to south line of St. Francis Street, thence
easterly along south line of said St. Francis Street
87 1/2 feet more or less to place of beginning *being
all of Lot Number Three (3) and part of Lot Number
Four (4) of Block Thirty-nine-A (39-A) according
to the official map of the City of St. Augustine
now on file in the office of the Clerk of the Cir-
cuit Court in and for St. Johns County, Florida."
For and during the period of ten (10) years from the date of
this Agreement, subject, however, to prior termination as here-
inafter provided.
The party of the second part covenants and agrees with
the said parties of the first part as follows:
1. It will assume the custodianship of the above de-
scribed property and will use same as a garden center.
2. It will, during the period of this lease, pay
promptly when due, any and all taxes and other assessments and
levies that may be made and levied against said above described
property by any governmental authority.
3. It will provide and pay for the ordinary mainten-
ance, and take care of at its own expense, such immediate repairs
as will be necessary for the protection of said property. All
repairs shall be made with the consent and approval of the Board
of Trustees Llambias House. No obligation on the party of the
second part shall exist for any expenses for what may be con-
sidered permanent preservation and restoration#
4. It will also pay the premium for and keep said
property insured to its full insurable value against loss or
damage by fire, water, storm or other insurable loss or damage,
for the benefit of the parties of the first part as Trustees,
and their successors in office. In taking out windstorm insur-
ance, it will be permissible to have said insurance written with
the $-00.00 deductible clause, in accordance with the custom in
St. Augustine, but the party of the second part covenants and
agrees to take care of any loss or damage andurring and coming
within the 4100.00 deductible provision of the insurance policy.
5. It will establish and maintain a garden appro-
priate to the house on said above described property, and to a
garden center, as it acquires funds available for such purpose;
provided, however, that in establishing and maintaining said
garden all acts of the party of the second part must have the
consent and approval of the Board of Trustees Llambias House.
6. It will keep said above described property open
to the public free of charge, under such rules and regulations
as may be prescribed by it with the approval of the Board of
Trustees Llambias House, provided, however, admission fees may
be charged on special occasions with the consent of said Board
first obtained. This shall not be taken to mean that the con-
sent of the Board of Trustees Llambias House must be obtained
for each special occasion, but that the party of the second part
may submit to the Board from time to time requests for permis-
sion to charge admission fees for certain types or kinds of
entertainment over a definite period, and the approval of the
Board shall be taken and deemed as consent for the charging of
admission fees on the special occasions occurring during that time.
7. It will submit regular reports at least twice a year
in such form as may be suggested by the parties of the first part
covering the operation of the Llambias House, reports to include
a financial report showing collections and disbursements of
whatever nature.
8. It accepts the lease of the above described property
subject to and with knowledge of all the terms, conditions, re-
strictions and stipulations set forth and contained in the above
mentioned Deed of Trust dated December 31st, 1938.
9. The failure of the party of the second part to keep
and perform as agreed any of the covenants, conditions, provisions
a nd stipulations herein set forth, shall constitute a forfeiture
of this lease, and the parties of the first part shall thereupon
have the option of immediately terminating said lease and taking
possession of the leased property, but the waiver of such right
at any time by the parties of the first part shall in no way
-4-
affect their right to terminate said lease and take possession of
said leased property upon any future failure and breaching of said
lease by the party of the second part.
'The parties of the first part agree to renew this lease
for an additional period of ten (10) years, if the party of the
second part desires such renewal at the termination hereof, under
the same terms, conditions, provisions and stipulations as herein
contained, provided the management, care and maintenance of the
leased property by said party of the second part during the lease
period has been beneficial to and in compliance with the full
spirit and intent of the trust as set forth in the above mentioned
deed of trust.
IN WITNESS '.VHEREOF, the parties hereto have hereunto set
their hands and seals, this ga&_day of Ia A. D. 1939.
Signed, sealed and delivered
in he presence of-
(SEAL)
As to Waldo G.land/and /7W --"
Frederic A. Delano /
As to aJilliam E.Lingelbach
As td ewton B. DrZry
( SEAL)
As to David R. Dnhai and
Loisa Y. King
THE FI'.DTRATTD GARD'iq CLUB OF
_10 ST. AUGUSTINE, FLORIDA
As to Esther C. 1,Sebi/and President
Katharine Settles ATS. A
ATTEST Secretary
Secretary
STATE OF FLODRIDA )
)
COUNTY OF ST. JOHNS )
I HEREBY CERTIFY that on this 22nd day of March, A. D,
1939, before me personally came Waldo G. Leland, Frederic A.
Delano, William E. Lingelbach, David R. Dunham, and Louisa Y.
King, to me known to be the individuals described in and who
executed the foregoing Agreement as members of the Board of
Trustees Llambias House, and they severally acknowledged before
me that they executed the same, as such Trustees, for the
purposes therein expressed.
WITNESS my hand and official seal at St. Augustine, said
County and State, on the day and year above written.
Notary Public State of Floyida.
My commission expires Mvlarh 18, 1943.
STATE OF CALIFORNIA )
City and )
COUNTY OF San Francisco )
I HEREBY CERTIFY that on this 10th day of April
A. D. 1939, before me personally came Newton B. Drury, to me
known to be one of the individuals described in and who executed
the foregoing Agreement as a member of the Board of Trustees
Llambias House, and he acknowledged before me that he executed
the same, as such Trustee, for the purposes therein expressed.
WITNESS my hand and official seal at San Francisco
said County and State, on the day and year above written.
Notary Public State of California.
My commission expires: March 27,1940
STATE OF FLORIDA )
)
COUNTY OF ST. JOHNS )
I HEREBY CERTIFY that on this 22nd day of March, A. D.
1939, before me personally cane Esther C. Webb and atharine
Settles, to me known to be the individuals who executed the
foregoing Agreement as President and Secretary respectively of
The Federated Garden Club of St. Augustine, Florida, and they
acknowledged before me that they executed the same, as such
President and Secretary, for the purposes therein expressed.
WITNESS my h'nd and official seal at St. Augustine, said
County and State, on the day and year above written.
Notary Public State of f 1orida.
My commission expires March 18, 1945
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