STORING - HANDLING & DISTRIBUTING DEHYDRATED POTATO PRODUCTS & CONTRUCT AND MAINTAIN A WAREHOUSE
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Rev. 9-1-61
3&;8-41511-.
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THIS LEAS'E, Made this 20th day of December
the ATLANTIC COAST LINE RAILROAD COMPANY, hereinafter referred to as Lessor, and
a corporation under the laws of the State of Florida,
,19 65 , between
SNOW FLAKES, INC.,
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hereinafter referred to (severally, if more than one) as Lessee:
WITNESSETH: That Lessor, for and in consideration of the rents or sums of money hereinafter agreed to be paid by
Lessee and of the covenants upon the part of Lessee to be kept and performed as hereinafter expressed, hereby demises
and leases unto Lessee for the purpose of storing, handl ing and distributing dehydrated potato
products and constructing and maintaining a warehouse therefor, also for parking
purposes,
all that certain parcel of land, owned by Lessor, at Clearwater, Pinellas County, Florida
described as follows, and referred to hereinafter as the premises:
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For Warehouse: Beginning at a point 8.5 feet northwestwardly measured at right
angles from the center line of Lessor's track No.7 and 297 feet southwestwardly
measured along the center line of said track No. 7 and the center line of track No.
5 from its point of intersection with the south line of Drew Street; running thence
northeastwardly parallel with the center line of said track No.7, 130 feet; thence
northwestwardly at right angles from the preceding course 30 feet to the westerly
boundary line of Lessor's right of way; thence southwardly along said boundary line
128.4 feet; ~ence southeastwardly 16.6 feet to the point of beginning; also
For Parking: Beginning on said south line of Drew Street at a point 8.5 feet
northwestwardly measured at right angles from the center line of said track No.5
and 1,404 feet southwardly measured along the center line of Lessor's main track
from Mile Post RE-88l; running thence southwestwardly parallel with the said track
No.5, 29 feet; thence northwestwardly at right angles from the preceding course
47 feet to said westerly boundary line; thence northwardly along said boundary line
21 feet to said south line of Drew Street; thence eastwardly along said south line
50 feet to the point of beginning; containing 0.09 of an acre, more or less, and
being shown outlined in red on the print attached hereto and made a part hereof;
Lessor's right of way being as indicated on said print.
Subject, However, to an existing wire line of The Western Union Telegraph Company
which extends over said premises.
The lease hereby granted shall become effective - - - December l~- :" - - ,19 65 ,and. unless sooner
terminated as hereinafter provided shall continue in effect for a term of flve (5) years endlng _
December 14. 1970 , and thereafter as hereinafter provided.
And Les'see hereby covenants and agrees in consideration thereof:
1: Lessee will not use the premises for any other purpose than that specified herein and will not assign this lease
or any rights hereunder, nor suffer or permit any other person or corporation to use any part of the premises except
with the consent in writing of the Lessor.
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J&B.415U'
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ttm"slh4--'8heet 2;
Rev. 9-1.61
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2: Lessee will yield and pay unto Lessor the rent or sum of Seventeen- - - - - -
- - - - Dollars ($ 17.00 ) each and every month or frac-
tional part thereof, payable at the beginning of each and every month during which Lessee may occupy
the premises (unearned rental to be refunded on termination as herein provided); and in the event of any street or side.
walk or other municipal improvements being made during this lease, Lessee will pay an additional rent equivalent to six
per c,ent pera.nnum on ~chtcol\t of said.im,provements as Diay be assessed agai.nst the premises hereby leased; said
ren~al Delng SUDJec to reV1Slon as herelnafter speclflcally set forth.
3: Lessee will pay the full amount of any and all taxes-State, County, Municipal and Special, and any penalties in
connection therewith-,levied or assessed on account of the improvements placed on the premises by Lessee or by Lessee's
predecessors; all neces.sary payment, listing and other duties in connection with the taxation of said improvements to be
performed by Lessee.
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4: Lessee shall construct and maintain said
warehouse - with fireproof roof -
in a good, substan-
tial and workmanlike manner, in accordance with plans and specifications which must be first submitted to and approved
by Lessor in writing before the construction thereof is begun, said warehouse
to be painted and all of said premises to be kept in good condition, and in all respects satisfactory to Lessor, during the
continuance of this lease.
5(a): If Lessee shall make default in the payment of any installment of rent or shall fail to keep and perform the
covenants and agreements herein contained on the part of Lessee to be kept and performed, and if any such default shall
continue for the space of ten (10) days, this lease shall, at the option of Lessor, be terminated by thirty days' written no-
tice to Lessee. On such termination or any other termination of this lease, Lessee shall vacate said premises and remove
therefrom all buildings, structures, other improvements and contents thereof placed thereon by Lessee, or in which Les~
see has any interest, and the debris from the removal thereof, and restore said premises to a condition satisfactory to
Division Engineer of Lessor, all to be completed not later than the date of said termination. Upon failure of Lessee to
remove all such buildings, structures, other improvements or contents thereof from said premises upon said date of term-
ination, all such buildings, structures, improvements and contents thereof are to be considered and treated as having
been abandoned by Lessee, and upon option of Lessor the ownership of same is to be considered surrendered to Lessor.
(b): It is expressly understood and agreed that in the event of failure of Lessee to remove all such buildings, struc-
tures, other improvements or contents thereof placed thereon by Lessee, ownership of which, under the above option, did
not pass to Lessor, and failure to restore said leased premises to a condition satisfactory to the said Division Engineer at
the termination hereof, as provided in Article 5(a) herein, Lessor may remove all buildings, structures, improvements or
contents and debris and restore said premises to the condition aforesaid at the cost and expense of Lessee, which cost and
expense Lessee hereby agrees to pay to Lessor on demand.
6: Lessee hereby assumes and agrees to indemnify and save harmless Lessor, its successors and assigns, against
any and all claims, demands, suits, judgments and sums of money, including attorneys' fees, accruing to Lessee or to any
person or corporation against Lessor for the loss of or damage to said warehouse, its contents, vehicles
or any property placed upon or stored in said premises, as the result of fire, regardless of Lessor's negligence, howsoever
resulting, except to the premises of Lessor and to rolling stock belonging to Lessor or to others, and to shipments in the
course of transportation.
7(a): Lessee shall not erect or permit any obstruction over any track or tracks located upon or adjacent to the
leased premises having a clearance of less than twenty-two (22) feet above the top of rail for the full width of the hori-
zontal clearance hereinafter provided for, or parallel with said track or tracks within eight (8) feet of the center line
thereof, with the necessary additional clearance on curves. All structures erected over any of such tracks shall be built and
maintained in a manner satisfactory to the Chief Engineer or other proper officer of Lessor. All wires suspended over any
of such tracks shall be placed and maintained at the elevations and in accordance with the standards prescribed by the Na-
tional Electric Safety Code.
(b): Notwithstanding any other provision herein contained, Lessee shall and does hereby expressly assume and agree
to indemnify and hold harmless Lessor from and against all loss and damage, costs, expenses, including attorneys' fees,
claims, suits and judgments whatsoever arising from or growing out of any injuries, loss or damage caused by or contri-
buted to by the failure of Lessee, its employees, agents or licensees, (i) to comply with the provisions of this Article 7, or
(ii) to keep the right of way of said tracks free and clear of all commodities, rubbish, trash or other objects which may
be hazardous or dangerous to those engaged in the operation of the Railroad.
8: Lessee shall and does hereby assume and agrees to indemnify and save harmless Lessor, its successors and assigns,
from and against all loss, costs, expense, claims, suits and judgments, including attorneys' fees, whatsoever in connection
with injury to or death of any person or persons, or loss of or damage to pl:'dPerty caused by or in any way connected
with Lessee's use of the leased premises, whether such injury, death, loss, or damage results from any cause whatsoever;
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Form 3114
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"provided, however, that if any claim or
from the joint or concurring negligence
equally.
Sheet 3
liability other than from fire shall arise
of Lessor and Lessee it shall be borne by them
9: If required by Lessor, Lessee hereby agrees to construct and maintain a suit-
able barricade along the east side of the second above described parcel of land to
prevent vehicles from fouling tracks of Lessor; said barricade to be constructed and
maintained in a manner and of materials in all respects satisfactory to said Division
Engineer.
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10: At the expiration of the term of five years hereby created, Lessee may, if
Lessee so desires and has given to Lessor at least six months' written notice prior
to the expiration of said term, renew this lease for a second term of five years,
provided, however, Lessor does not need the said leased premises for railroad
purposes. Further, subject to the said proviso, if said lease shall so long continue,
Lessee may at the expiration of the second term of five years, if Lessee so desires
and has given to Lessor at least six months' written notice prior to the expiration
of said second term, renew this lease for a third term of five years. Further,
subject to the said proviso, if said lease shall so long continue, Lessee may at the
expiration of the third term of five years, if Lessee so desires and has given to
Lessor at least six monthe' written notice prior to the expiration of said third
term, renew this lease for a fourth term of five years. It is further understood
that if this lease is renewed, the rental for the second, third and fourth terms
of five years may be increased by Lessor at the expiration of the first, second and
third term of five years, respectively, to correspond with the probable increase in value
of said premises.
11: It is expressly understood and agreed that if, and when, during the term of
years hereby created, or any renewal thereof, there is any increase in taxes on said
leased premises over and above the taxes assessed thereon for the year 1964, Lessee
shall pay to Lessor, as additional rental per annum, an amount equivalent to such in-
crease.
12: That if the Lessee shall fail to use the leased premises for the purposes
herein described, and such failure shall continue for a period of ninety (90) days,
then, and in such event, at any time during the term herein created, or any renewal
thereof, the Lessor shall have the right to terminate this lease by thirty (30)
days' nouce in writing to Lessee.
Note: The following changes were made in this agreement prior to the execution thereof:
Article 2: The words "said rental being.....specifically set forth" - Added.
Sheet 3: Typed.
IN WITNESS WHEREOF the parties hereto have executed this lease_lf1~:dupli-
cate the day and year first above written.
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Witnesses for Lessor:
~lLANTIC CD~~~ RAILRQJ\:~PANY .
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Attest: ~ . . .~
W.T. MARABLE \ssistant Secretary
SNOW FLA I IN. 'I ~
By [cr(tt{ tf-.
e nt Peter
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Witnesses for Lessee:
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Attest:
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Form 221
December 18, 1960
APPROVED FOR ATLANTIC COAST LINE RAILROAD COMPANY:
~~, H',fIR1S0N, M,~NN & ..
1030 Fir~'t Fihieral Building
As to Form SL Pe1el.sbw"I, Florida
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Division Counsel.
As to Execution
by Lessee, Licensee or Industry
Division Counsel.
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Manager Real Estate Department.
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Supermtendent.
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I'OBK 8619-B-FLA
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FLORIDA FORM
STATE OF FLORIDA
COUNTY OF DUVAL
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I hereby certify that on this day before me, an officer. .duly authorized to take acknowledgments in the State
ahd County above set forth, personallyappearecl Or C. HASTINGS' AD'" W. T. MARABL~
respectively Yice- President.
ATLANTIC COAST LINE RAILROAD COMPANY
and
Assistant
Secretary of-
, a corporation under the laws ofthe State of
Virginia , to me known to he the persons described in and who executed the
foregoing instrument, and they severally acknowledged before me the execution thereof as such officers,
by virtue of due and proper corporate authority in them vested, and that the said instrument is the act
and,deed of said corporation.
W. T. MARABLE
And the said , Assistant Secretary as aforesaid,
also acknowledged before me that he affixed to said instrument the corporate seal of said corporation, by like authority
in him vested.
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WITNESS my qnature and official seal in the County and State above set forth, this ~ day of
7~,?/'-,A/Q:,/-V196~ .
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Not4ry Public.
My commission E][pirea
Notary Public, State of Florida at Large
My commission expires June 20, 1966
Sonded by National Surety Corporation
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F. 3~19:- .U;:; F-J~A ~.A .
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FLORIDA FORM
STATE OF
COUNTY OF
FLORIDA
PINELLAS
I hereby certify that on this day before me, an officer duly authorized to take acknowledgments in the State
and County above set forth, personallyappearen PRTER ROD ICH
Ann ALICE A. . ROD ICH
respectively
President
and
Secretary of-
SNOW FLAKES, INC.,
, a corporation under the laws of the State of
Florida , to me known to be the persons described in and who executed the
foregoing instrument, and they severally acknowledged before me the execution thereof as such officers,
by virtue of due and proper corporate authority in them vested, and that the said instrument is the act
and deed of said corporation.
And the said ALICE A. ROD ICH , Secretary as aforesaid,
alsQ acknowlodied before me that he affixed to laid in.trumcmt tho corporate leal of said corporation, by like authority
iD him velted.
WITNESS my .Ipatu,. and offtol.1 ..&1 In \h. Count)' and State ..bow let forth, d\1a
January 188 6
27th
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Now,f1r,~
NOTARY PUBLIC STAT
M)' Clomml..Jon B.pir.~ . E of FLDklDA at LARGE'
Y COMMISSION EXf'irrcS '1'!"~, 19
BONDED THROUGH FRi:~~ w.J ~;~S' TLU, 68
. ~ E:LHORST