CONSTRUCT AND MAINTAIN A COLD STORAGE FACILITY (2)
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THIS SUPPLEMENTAL AGREEMENT, Made and entered into this 9th day of
November, 1966 by and between the ATLANTIC COAST LINE RAILROAD COMPANY, a
corporation under the laws of the State of Virginia, hereinafter referred to
as Lessor, and PINELLAS PRODUCE, INC., a corporation under the laws of the
State of Florida, hereinafter referred to as Lessee, WITNESSETH:
WHEREAS, by an indenture between the parties hereto dated June 7,
1966, Lessor demised and leased unto Lessee for the purpose of use in connec-
tion with Lessee's produce operations and constructing and maintaining a cold
storage facility and other structures incident thereto, all that certain parcel
of land, cwned by Les~or at Clearwater, Pinellas County, Florida, as more
particularly described in said indenture to which reference is hereby made;
and
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WHEREAS said indenture provides that the lease of said land shall be
for a term of years ending December 14, 1970; and
WHEREAS Article 9 in said indenture sets forth that, under certain
conditions, Lessee may at the expiration of said term of years renew said
lease for three 5-year terms; and
WHEREAS Lessee desires and Lessor is willing that the Term Clause and
Article 9 in said indenture be deleted and that the Term Clause and Article 9
hereinafter set forth be substituted therefor;
NON 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 therefor:
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"The lease hereby granted shall become effective August 24, 1966, and ~n.~
less sooner terminated as hereinafter provided shall continue in effect for a
term of years ending December 14, 1985."
therefor:
(2) That Article 9 be deleted and the following Article be substituted
"9: 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 agre~d 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 June 7, 1966, shall remain in full force and effect.
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IN WITNESS WHEREOF the parties hereto have executed this supplemental
agreement in duplicate the day and year first above written.
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Witnesses for Lessor:
ATLANTIC COAST LINE RAILROAD CCMPANY
By
Attest: ~ - c;:r- ~-E'_ (
W.T. MARABLE ssistant Secretary ~
Wi t,~es.lfor Lessee: , I
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Attest:
:NELf;;;~ } ~1>
PresldeQJ- / - ___ .~-
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CZP~~{lry J;mdf
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APPROVED FOR ATLANTIC COAST LINE RAILROAD COMPANY:
MANN, HARR:SON ,MANN & ROlE
1030 rust Federal Building
st. FeteIsburL Florida'
As to Form
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Division COunsel.
As to Execution
by Lessee, Licensee or Industry
Division Counsel.
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MaIf.1ger -Rea state DepartmeJt
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Form 221
December 13. 1960
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Superi tendent.
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Division Engineer.
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FLORIDA FORM
~mOF ~
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, personaOy appeared ~'lit ~ and ~ 4',
~ respectively President and Secretary of-
PTNELT.AS PRODUCE, INC.
Florida
, a corporation under the laws of the State of
, tel 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 aaid ~ a ~. Secretary as aforesaid.
also acknowledged befo 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 / ..27'.{ day of
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otary UgllC: _ - - ~ _ _ _ .
My commission Expires
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Notary Public, S::'::_11~ o~ r~Gri~ra Dr L~rrr.~
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