Loading...
CONSTRUCT AND MAINTAIN A COLD STORAGE FACILITY (2) I;:; ~ "'" . I I 4\ .6 G () 1 . :f 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 t 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: -----. "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. Q5-00?;." CC) C J) /X . , . .. I . r, -2- IN WITNESS WHEREOF the parties hereto have executed this supplemental agreement in duplicate the day and year first above written. e: ... Witnesses for Lessor: ATLANTIC COAST LINE RAILROAD CCMPANY By Attest: ~ - c;:r- ~-E'_ ( W.T. MARABLE ssistant Secretary ~ Wi t,~es.lfor Lessee: , I ~~ " ;Y7fY#~ Attest: :NELf;;;~ } ~1> PresldeQJ- / - ___ .~- g .... CZP~~{lry J;mdf -----.-. J &B~25268 . . , .! .. If APPROVED FOR ATLANTIC COAST LINE RAILROAD COMPANY: MANN, HARR:SON ,MANN & ROlE 1030 rust Federal Building st. FeteIsburL Florida' As to Form F~~~ Division COunsel. As to Execution by Lessee, Licensee or Industry Division Counsel. iY t;~ MaIf.1ger -Rea state DepartmeJt ./7 (/' . -, , Form 221 December 13. 1960 .. ~. Z'i~~77~0 /. Superi tendent. ~ 7~~~" c 't./ (../'~ Division Engineer. .. *"~-- . I . F"~il51? - B; FLA : A r.; rt I 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 ~ ~ /2 // .~~ r N P L"O . - - - otary UgllC: _ - - ~ _ _ _ . My commission Expires -" Notary Public, S::'::_11~ o~ r~Gri~ra Dr L~rrr.~ ~6rI~e~l';!~;i'~;-~r;,.~;~:~:f);,C'; ;;il:;U':1~'c1 (':~-