AMENDMENT TO LEASE
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AMENDr.fENT TO LEASE
WHEREAS, GERTRUDE S. NALL, joined by her husband, JAMES B.
NALL, (hereinafter referred to as "Lessorll), and ALBERT L. ROGERO, JR.,
Trustee, (hereinafter referred to as IlLesseell), did enter into
that certain Long Term Lease bearing date of the 19th of July,
1973, recorded in O. R. 4102, Page 819, Public Records of Pinellas
County, Florida, which Long Term Lease was guaranteed jointly and
severally by J. A. H.l\DLEY,/ALBERT L. ROGERO, and HELEN S. ROGERO,
(hereinafter referred to as Guarantors); and,
WHEREAS, Lessor, Lessee, and Guarantors desire to amend
said Long Term Lease;
NOW, THEREFORE, in consideration of the premises, it is
hereby agreed by Lessor, Lessee, and Guarantors that said Lease be
and the same is hereby amended as follows:
1. Article I of said Lease, which incorporates the legal
description described on Exhibit IlA" thereof, is hereby amended to
change the description of the real property which is the subject
of the Lease by adding the following words to the description of
said real property as it appears on Exhibit "A" as follows:
Less and except those lands leased to Payless
Stations, Inc. (formerly Th6rnton Oil Company
.. of Kentucky, Inc.) as shown in Memorandum of
Lease recorded in O. R. 3002, page 150, Public
Records of Pinella~ County, Florida.
2. Said Long Term Lease is hereby further amended by deleting
subparagraph A, 2, of Article III of said Lease and inserting
therein in place thereof the following:
Rental for the second, third, and fourth years
of the term of this LEASE shall be the sum of
NINETEEN AND NO/IOO ($19,000.00) DOLLARS for
each of said years. (The sum of $19,000.00 is
referred to herein as "base rental.")
3. Said Lease is further amended by deleting subparagraph
A,3, of Article III thereof in its entirety and substituting in
place thereof the following:
3. After the end of the fourth (4th) year of this
term, Rental shall be adjusted and paid as follo~s:
The U. S. Department of Labor, Bureau of
Labor Statistics "Consumer Price Index for
~Kt!It511 8
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C~.~J]~~_~
Ur~~nA~~<< -f.a.rfWi.s(}.l;;d 'Cle ric' Workers" as
of ~~ shall U~ used as the
"base index" and shall be used as a base for
termining future rental. After the fourth
(4th) year of the term, the "base rental" of
NINETEEN THOUSAND ($19,000.00) DOLLARS per
year shall be increased or decreased by the
same percentage of increase or decrease
which is determined by comparing the "base
index" with said "Consumer Price Index for
Urban Wa.ge Earners and Clerical Workers"
for the last month of the first four (4)
year period of this lease. The adjusted
rental thus determined shall be the rental
for the next ensuing three (3) years of the
term. Thereafter rental shall be adjusted
at the end of each three (3) year period of
the term except that such future rental ad-
justments shall be determined by comparing
the "base index" with the said "Consumer
Price Index" for the last month of the last
immediately past three (3) year period.
I
Adjustments in rentals shall be paid with
the next ensuing payment of rentals. It is
understood and agreed, however, that in no
event shall the rental for the fifth (5th)
through fifty-fifth (55th) year of this lease
be less than the sum of NINETEEN THOUSAND
($19,000.00) DOLLARS per year.
Rental shall be paid in advance in quarter-
annual installments during the term hereof.
de-
If said Index shall no longer be published,
then another index generally recognized as
authoritative shall be substituted by agree-
ment, and if the parties shall not agree, such
substituted index shall be selected by the
then presiding judge of the Circuit Court
of the Sixth Judicial Circuit in and for ,
Pinellas County, Florida~ upon the applicatio
of either party. In any event, the base used . ~
by any index or as revised on the existing
index shall,be..reconciled A~, o~ ,th, e index P12/' ", s,he,' ,,' , "
as of~Xh&:"kXx (fP- 1, 1971.0~
As is hereby amended and modified, sai;-t.;~~~ ~~s'V
agreement is hereby confirmed by Lessor, Lessee, and Guarantors,
~ndall of said persons agree that they are hereby bound by said
Lpng Term Lease as hereby modified and amended.
IN WITNESS WHEREOF, Lessor, Lessee, and Guarantors have
executed this Amendment on the dates upon which their acknowledgments
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STATE OF FLORIDA
COUNTY OF PINELLAS
On this the;7 day of ~
before me, the undersigned authority, persona 1y
S.NALL and JAMES B. NALL, her husband, known to
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Signed, sealed, and delivered
by Lessor in the presence of:
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Signed, sealed, and delivered
by Lessee in the presence of:
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Signed, sealed, and delivered
by Guarantors in the presence of:
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LESSOR
(SEAL)
(SEAL)
GUARANTORS
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and as Trustee '. '.. ." .. I
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(SEAL)
(SEAL)I
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(SEAL:
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appeared GE1TI1tUDE
me to be the persons
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whose names are subscribed to the \~ithin instrument and acknowledged
that they executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official
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STATE OF FLORIDA
COUNTY OF PINELLAS
On this the '~'~ay of 1):l.tld/f/1. , 197\!~ , before
me, the undersigned authority, persona Y aB eare ALBERT r:-ROGERO,
JR., individually and as trustee, known to to be the person whose
name is subscribed to the within instrument as Lessee and Guarantor
and acknowledged that he executed the same for the purpOse therein
contained.
My Commission Expires:
NOTARY PUBLIC. ~TATE of FIJJR'Oil ~t L"~GE
MY COMMISSION EXPIRES i.lAR, -', VJ77
Bonded Thnl QenereJ Jnsu~'l:':nLe I,t nr.~,-' ~ '.-.' , f"';' .
IN WITNESS WHEREOF, I have hereunto set my hand and official
(~~)-S7'-'7.. <CD /:J
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Notary Public
My Commission Expires:
STATE OF FJ ,", /~-7--7-'--~
COUl'/TY OF $k.t-&'.;.~ ,;
On this the~C;" day of ~>t/ . 1973> -: before.
me, the undersigned{authority, personally appeared J. A. HADLEY, known
to'me to be the person who acknowledged 'to me that he is one of the
Guarantors ~f the foregoing instrument and has executed the same
for the purpose therein contained.
Notary PLIOI:, ~',\,
My '-;Jnluli;:sl:il ~<.::
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seal.
IN WITNESS WHEREOF, I have
and official
My Commission Expires: ;;1;,:;2,//(;
STATE OF FLORIDA
COUNTY OF PINELLAS
On this thec~ff day of ,J;i/-za..d.vz.. , 197 j-~" , before
me, the undersigned authority, persona y peare BERT ~OGERO
and HELEN S. ROGERO, his wife, knolffi to m to be the persons who
acknowledged to me that they are two of tfie Guarantors of the foregoing
instrument and have executed the same for the purpose therein contained.
seal.
IN WITNESS WHEREOF, I
have hereunto set my hand and official
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Notary Public Not2ry 1':,' "~' ,;
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My Commission Expires: