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STORING - HANDLING & DISTRIBUTING DEHYDRATED POTATO PRODUCTS & CONSTRUCT AND MAINTAIN A WAREHOUSE J ~"~q,q 9! ~ '. I , . -:" I . \'f THIS SUPPLEMENTAL AGREEMENT, Made and entered into this 9th day of November, 1966, by and between the ATLANTIC COAST LINE RAILROAD COMPANY, a corpor- ation under the laws of the State of Virginia, hereinafter referred to as Lessor, and ~QJfFLAKES, INC., a corporation under the laws of the State of Florida, herein- after referred to as Lessee, WITNESSETH: WHEREAS, by an indenture between the parties hereto dated December 20, 1965, Lessor demised and leased unto Lessee for the purpose of storing, handling and distributing dehydrated potato products and constructing and maintaining a warehouse therefor, also for parking purposes, those two certain parcels of land, owned by Lessor at Clearwater, Pinellas County, Florida, as more paticularly described in said indenture to which reference is hereby made; and WHEREAS said indenture provides that the lease of said land shall be for a term of five (5) years beginning December 15, 1965, and ending December 14, 1970; and WHEREAS Article 10 in said indenture sets forth that, under certain conditions, Lessee may at the expiration of said term of five (5) years renew said lease for three additional five-year terms; and ~ ~ ~ WHEREAS Lessee desires and Lessor is willing that the Term Clause and Article 10 of said indenture be deleted and that the Term Clause and Article 10 hereinafter set forth be substituted therefor; NOW THEREFORE the Lessor, for and in consideration of the premises and the sum of One Dollar to it in hand paid by Lessee, the receipt of which is hereby acknowledged, hereby agrees that said indenture shall be and is hereby amended as follows: (1) That the Term Clause in said indenture be deleted and the follow- ing Term Clause be substituted therefQr: "The lease hereby granted shall become effective December 15, 1965, and unless sooner terminated as hereinafter provided shall continue in effect for a term of twenty (20) years ending December 14, 1985." (2) That Article 10 be deleted and the following Article be sub- stituted therefor: "10: It is expressly understood and agreed that the rental to be paid by Lessee beginning December 15, 1970, may be increased by Lessor to correspond with the increase in value of said premises. Likewise, it is further understood and agreed that, during the remainder of said term of years hereby created, the rental for each subsequent term of five years may be increased at the end of each preceding term of five years." And Lessee hereby agrees that, except as hereby amended, said indenture of December 20, 1965, shall remain in full force and effect. 05-CO~. DOCS) )< ,I, .. .' I I . 4: -, ~ .. .f} .~ -2- IN WITNESS WHEREOF the parties hereto have executed this supplemental agreement in duplicate the day and year first above written. i Witnesses for Lessor: ATLANTIC COAST LINE RAILROAD COMPANY 11Jitt1 By Attest, ~ - ~1 W. T. M^,'ABLE s~istant. Secretary. .' i2~L~ ' I J2j;/Q~ CLEARWATER FAST FOODS, INC, formerly known as ,_ .___ SNON-FLAKES, INC. (/ . '{_;:"__'_'~-:'--~-:. ~t/rJ~~., '~"-.' ..', '-':. , -- - .... ~ By ... . - :' ::' / ' " ~_ . Presid~n:t ~_ - ~- . Attest, {2p ~UCf {j:~Y(, -=-+ Secretary' '~' ./ :e Witnesses for Lessee: -x: J-iR. ~~ Division Engineer. J &13-25268 .. .....1 ~ 1.1' f APPROVED FOR ATLANTIC COAST LINE RAILROAD COMPANY: MANN, HARRrSQN, MANN & ROWE 1030 first Federal BuikJina St. Petersbufl. fIoridI As to Form r-") ~ ~,~~~ Division Counsel. I As to Execution by Lessee, Licensee or Industry Division Counsel. 1 iJ)d Manager Real Estate Depar7ment. I . ~ J Form 221 December 13, 1960 n~~ Superi tendent. -. I l' , . ~- 1&B-16826 t;.' ,- , I'OB)( 1I511-B-F LA FLORIDA FORM DUVAL 1 STATE OF COUNTY OF FLOR IDA I hereby certify. that on this day before me, an officer. .duly authorized to take acknowledgments in the State and County above set forth, personally appearP.CI D. C. HASTINGS Anti W. T. MARABLE respectively ~Tice-PresideD." and Assistant Secretary of- ATLANTIC COAST LINE RAILROAD COMPANY , a corporation under the laws of the State of Virginia , 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 W. T. MARABLE , 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. WITNESS my signature and official seal in the County and State above set forth, this/ ~~.{ day of ./V r;V~/n?^--l96 ~ . ... ~~~~..~~ z:::;::::o- Noqry Public. Rotary Public, State oJ Florida at large My commission Ezpires My Commission Expires June 20, 1970 I!n!l!!l hi ~.ri='n fuI II ~ '*" ~ -~ "l"" '. ,. I ~ I . ~M g~19 - B p FLA'- A (I ; .' ii FLORIDA FORM ~.:J . P' / / STATE OF ';' ~ ~__ COUNTY OF Y 1 I hereby =tify that on this day before me, a:m; au~~ ~ ~ j"knowledgmenta in the Stat< an1 ounty above set forth, personallyappeare.! . ~ .nd ~ 4. , ~ respectively President and Secretary of_ CLEARWATER FAST FOODS, INC. formerly known as SNON;...FLAKES, INC.. ; a corporation under the laws ofthe 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 ,Secretary as aforesaid, also acknowledged beCi e me that he affixed to said instrument the corporate seal of said corporation, by like authority in him vested. ~TNESS my signature and official seal in the County and State above set forth, this ,.:~ day of Kk~~ 196~ '// /! /1' ~~:-- , . Notary Public. _ . _ ~ - ~ ., My commission Expires Notary Pu~Ii~, State of Flerldil 1lt L<lrglJ My Ccmmls~lon Expires;l . '>J, 1,)&9 Bonded by 1 r::;l:"r;]'3ricd if, Ii ,;IiG Co. .. ~- ".. .c I I . r .1 . ,'r~ . ',' I (1 :~f' r u. ( l I r, J, 5;~j)EXED Ocala, Florida, January 25, 1967 - Fila: 3-1626-A Copy&" 3-1626 ,R .... ~' 11, ,; ~~. D. C. Hastings, Vice-President. I refer to your endorsement dated Novemle r 14, 1966, file 3-6056, and attach hereto the fully exeouted original or supplemental agreement dated November 9, 1966, between Coast Line and Clearwater Fast Foods, Inc., formerly know. as Snow-Flakes, Inc., amending the Term Clause and Article 10 of the agreement dated Deoember 20, 196;, whereby Coast Line leases to Snow-Flakes, Inc. (now knOlffi as Clearwater Fast Foods, Inc.), oertain land space at Clear- water, Florida. The supplemntal agreement was originally prepared for execution by Snow-Flakes, Ino., but prior to exeouting this dooument the industry changed the document to show the new name or the industry, viz., CLEARHATER FAST FOODS, INC. I am advised that Snow-Flakes, Inc., has changed its name by Charter Amendment to Clearwater Fast Foods, Inc., with headquarters in Clearwater, Florida, with Mr. Peter Rodich, President, and Alyoo A. Radioh, his wife, Seoretar,y, both residents of Clearwater, Florida. I join all conoerned in recommending that our records be endorsed to refleot change in name or the industry. The industry retained the duplioate-original of the fully executed supplemental agreement tor its reoords. I assume you will arrange for usual distribution ot this document. J. H. Arnold Cys- Mr. p. J. Mr. M. W. Mr. D. L. Mr. E. F. Leo: Clark Smith (2): Allard (2) a File 2-4;15-3. ML'. l-r. Mr-. l>1r . Mr. File 15583. Locational No. RE-8S1-;-B. ~:..s j;-.fol'"tlation, the present rental of $17.00 a ~nth will continue in effect until December 14, 1970, unless, of course, the rental is in- oreased in the meantime as result of a substantial in- crease in taxes on the leased premises, in which event you will be so informed. J. I. Wilkerson; ..;.s information. J. R. Y.oore: File 42-24. P. L. Harper: File 200-20-37. J. A. Shipman: File 106-3. L. A. Bailey, Agent, Clearwater, Florida. ~y .. A ~ /~rrr MR.j D. L~ SMIJH:;. l /E""'CUrEDi \ ;' ':. i ;: ^t: "'," t r :~;." p. CilHApfnJ'lG~' t~ c S:;:f\flR. .?,.A. lJ E:~1 I :,< ;: ~ "I. III 't ~. .. I ~ . : f .. 1 . '~RIV4I/r.;"::i" .,' j/ . '" f,i .." .~ WITH DUPLICATE. OfllJiNA 01' AGREeMENT H!R DEliVERY rd INOUIiTR'f, J AN 2 6 19 67 agreement herein. No. Mr. D. Q. i"t::>ti:-.[;.::l Mr. Geo.. l!.. Cain Mr. M.. W. Clark Mr. J.. I. Wilkerson Mr. E. F. Allar7n it 1l /l, /) ;1 Superintendent V,.. , . {,bt7~ Oistribution copies of th~boYO It\lmUCt\ed /Cjc;f? D. L ~tt1jm / s-s-g g .", .., R. E. Fil:e No.