CONSTRUCT AND MAINTAIN A COLD STORAGE FACILITY
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Rev. 9-1-61
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. THIS LEASE, MaM....tbi.!! 7th day of June
the ATLANTIC COAST LINERAtLROAD COMPANY, hereinafter referred to as Lessor, and
INC., a corporation under the laws of the State of Florida,
,19 66 ,between
PINELLAS PRODUCE,
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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 use in connection with Lessee's produce operations
and constructing and maintaining a cold storage facility and other structures incident
thereto
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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Beginning on the westerly boundary line of Lessor's right of way at a point 1,425
feet southwardly measured along the center line of Lessor's main track from Mile Post
RE-881; running thence southeastwardly 47 feet to a point 8.5 feet northwestwardly
measured at right angles from the center line of Lessor's track NO.5; thence south-
westwardly parallel with the center line of track No.5 and the center line of Lessor's
track NO.7, 138 feet to the southeast corner of Lessor's automobile platform; thence
northwestwardly along the south side of said platform 21 feet to the southwest corner
thereof; thence westwardly 9 feet to a point on said boundary line distant 141 feet!
southwardly from the point of beginning; thence northwardly along said boundary line
141 feet to the point of beginning; together with the right and privilege to utilize
said automobile platform incident to Lessee's operations; said land space (excluding
the area occupied by said platform) containing 0.07 of an acre, more or less, and
said platform containing 2,310 square feet; all as more fully 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.
The lease hereby granted shall become effective August 24 ,19 66 , and unless sooner
terminated as hereinafter provided Bhall continue in effect for a term of years ending December 14,
1970, and thereafter as hereinafter provided.
And Lessee hereby ~ovenants 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-41511
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2: Lessee will yield and pay unto Lessor the rent or sum of Four Hundred Eighty-Five
Dollars ($ 485.00 ) each and every ye ar or frac-
tional part thereof, payable at the beginning of each and every ye ar 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 cent per annum on such cost of said improvements as ma y be assessed against the premises hereby leased.; s aid
rental being subject to revision as hereinafter sDecificaUv set fo~th.
3: Lessee will pay the full amount of any and all taxe&-::-State, County, Mumclpal and S"peClar; 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 necessary payment, listing and other duties in connection with the taxation of said improvements to be
performed by Lessee.
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-'-Inri 8514--Sheet 2
'Rev.' 9-1-61
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4: Lessee shall construct and maintain said
to be fireproof -
cold storage facility and structures - all roofing
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 cold storage facility and structures
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 Le ssee 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, struetures, 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, aUto 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 cold storage facility and
structures, their contents,
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 0 r damage to property 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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Rev. 9-1~61
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pro'ided, however, that if any claim or liability other than from fire shall arise from the joint or concurring negligence
of Lessor and Lessee it shall be borne by them equally.
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At the expiration of the term of 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 term of five years, provided, however, Lessor does not need 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 said term of five years, if Lessee so desir8s 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. Further, subject to the said proviso, if said
lease shalL so long continue, Lessee may at the expiration of said second term of five years,if
Lessee so desires and has given to Lessor at least six months' written notice prior to the expira-
tion of said second term, renew this lease for a third term of five years, It is further under-
stood that if this lease is renewed, the rental for the first, second and third terms of five
years may be increased by Lessor at the expiration of the term of years hereby created and at
the expiration of said first and second term of five years, respectively, to correspond with the
probable increase in value of said premises.
10: 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 1965, Lessee shall pay to Lessor, as
additional rental per annum, an amount equivalent to such increase.
11: 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 leasety thirty days' notice in writing to Lessee.
12: This indenture supersedes the ones dated August 5, 1965 andJ<El.~ry 8, 1964 between
the Lessor herein and Peter Rodich and Alice A. Rodich, as copartners trading as The Pinellas
Produce Company, covering, respectively, lease of land space and said automobile platform, which
indentures are being terminated by Lessor simultaneously with the execution hereof.
Note: The following changes were made in this agreement prior to the execution thereof:
Article 2: The words "said rental being subject.....set forth" - Added.
Articles 9 - 12: Added.
IN WITNESS WHEREOF The parties hereto have executed this lease in duplicate the day and year first above
written.
Witnesses for Lessor:
ATLANTIC COAST LINE RAILROAIL .COMPANY'.
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Attest:
W.T. MARABLE Assistant
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By:
Witnesses for Lessee:
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Form 221
December 13, 1960
APPROVED FOR ATLANTIC COAST LINE RAILROAD COMPANY:
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1030 fir. f..... '1f~.
As to Form'" .-....
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Division Counsel.
?I~endent.
As to Execution
by Lessee, Licensee or Indwtry
JE!~~
," Division Engineer.
Division Counsel.
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Manager Real Estate Depar'tJire'nt.
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1'08M 8519-B-J' LA'
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FLORIDA FORM
DUVAL
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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
aild County above set forth. personally appearecl
D. c:. HASTT NGS
An" W. T. MARABLE
respectively Vi N>-PT'~<:.irl~nt
ATLANTIC COAST LINE RAILROAD COMPANY
and
Assistant
Secretary of--
. 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.
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WITNESS my signature and official seal in the County and State above set forth. this / ~ ~ d~y"of.
~ 196(. ~ ~LJ~
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' Notary Public. '-' __ _
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M .. 10"_' . Notary publi<::. St:.';<r'1::JO'r1n-Oi, at Larg~ '
y commlSSlOll --.yaesMy c'':',':<;clJn eX:;W".(dC;) 1, 1968
Bonded by I ~dtiGnal Surety Cv~poratl.ln
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f'ORM 3519-ij-FLA'.,
J&B.-l~26
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FLORIDA FORM
STATE OF
FLORIDA
PINELLAS
}
COUNTY OF
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 appeared
PETER M. RODICH
and ALYCE A. RODICH
respectively
President
and
Secretary of______
PINElll\~ PRODl,r.J=:} T1\Ir.
, 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 ALYCE A. RODICH as Secretary as aforesaid,
also acknowledged before me that~e affixed to said instrument the corporate seal of said corporation, by like au-
thority in him vested.
WITNESS my signature and official seal in the County and State above set forth, this =? -;C-'
day of
August
196~
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Notary Public. . c/
My commission Expires
NOTARY PUBLIC STATE of FLORIDA at LARGI5
MY COMMISSION EXPli'i,'; .: i..'/ 20, 1963
aONDED THROUGH FriED "W. CIESTEL.HORS"P'
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J &B-43325
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Porm 8180
Rev. Sept. 1968-Sheet 3
Extracts from minutes of meeting of the City Conmission of the City of Clearwater, Florida,
held on the day of , 19
RESOLUTION
Be it resolved by the City Conmission of the
Ci ty of Clearwater, Florida, in regular meeting assembled that the
Mayor-Commissioner of said Ci ty be, and he hereby is, authorized to enter into an agreement with
the SEABOARD COAST LINE RAILROAD COMPANY, and to sign same on behalf of said City
whueby lessor interests in certain agreements involving property at Clearwater,
Florida, purchased under deed dated , from said
Railroad Company to said City are assigned to said City, as particularly set
forth in said agreement, which agreement is dated
a copy of which agreement is filed with this City Commission.
I certif7 the above to be . true and correct copy.
...............................................,..........,..................'Oierk'.......
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fORM ~;;19 - B - F'LA - A
FLORIDA FORM
STATE OF
COUNTY OF
FLORIDA
DUVAL
1
I hereby eettify that on this day before me. an officer duly authorized to take acknowledgments in the State
and County above set forth. personally appearM
D. C. Hastings
And H. W. Martens
respectively
Vice President
and
Assistant
Secretary of_
SEABOARD 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 1:1. W. Marten s ,A s s1 stant Secretary as aforesaid.
also ackhowledgecl before me that he afbed to said instrumel1t 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, thi.s~ day of
~ /9-Y' 19 Z2.:.-
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otary Public.
Notal,,! Pubk Shte of Florida at Large
My commission Expires Mv Commission txplms hue 10, 1970
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STATE OF FLORIDA
COUNTY OF PINELLAS
I hereby certify that on this day before me, an officer duly authorized
to taka acknowledgments in the State
appeared 'Jj, f 1v:v..~~d ~A.__~
o
respectively, Mayor-Commissioner and Clerk of the City
and County above set forth, personally
(j,J:1U~
and
R 2(
of Clearwater, 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 authority 1n them vested, and that the said instrument
is the act and deed of said City.
And the said /?,,2;. {--i~~-rI , Clerk as aforesaid, also
acknowledged before me that he affixed to said instrument the seal of said City by
like authority in him vested.
WITNESS my signature and official seal in the County and State above set
forth, this / ~d day of
'J~.t:k1..i;c.-L.li_c-
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Notary Public
, 1970.
My Commission Expires:
Notary Public, State of Flcrida <.it La.rge
My CommiSSIon E.xpir.es Aug 1, 1970
Bonded by Jransamenca jnsl.Irance C~.