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HOODS MILK INC .~, -'- '~. . e aEAL ESTATE CONTaACT THIS AGaEEMENT, made and entered into this 28th day of July , 1951L-, between CITY OF CLEAaWATEa, FLORIDA, a municipal corporation, hereinafter called "Sel~ern, and HOOO'lS MILK INC. hereinafter called "Purchaser"; WIT N E SSE T H: -......---.....---- That in consideration of the mutual promises and coven- ants herein contained, and other valuable considerations passing between the parties hereto, the Seller agrees to sell and the Pur- chaser agrees to buy the following described property situate, lying and being in Pinellas County, Florida: Lot 18 of CLEARWATER INDUSTrlIAL PMtK, accord- ing to the map or plat thereof as c'recorded in Plat Book 44, Page 46, Public Records of Pinellas County, Florida, containing ~.J,.7 acres, upon the following terms and conditions: (I) The total purchase price of said property shall be the ,If' sum of $10,.,930.50 , payable at the times and in the man- ner following: (A) ) 1.09~.OI; to be paid on the signing of this contract as earnest money deposit9 re- ceipt of which is hereby acknowledged by Seller. . ( B ) Balance of purchase price to be paid in cash upon consumat1on of sale and delivery of Deed. /~o 0 t{" (r ;L) e e (2) The property shall be conveyed by Warranty Deed and shall be free and clear of all encumbrances whatsoever, except as otherwise provided herein. (3) It is understood that this property is subject to the restrictions and protective covenants of the Clearwater Industrial ParktIated Jutf!3TO, 1957;~-ariarecorded in Official rle:ordBook liS, as supplemented bl amendment dated Sept. 9, 1957, recorded in OR. book,169,pg.542 at Page 3 7,/Pinellas County records. (4) It is understood that this property is to be improved and developed as a subdivision for use as an industrial park by Seller; that it is zoned for use by light industries; and that streets will be improved and completed and drainage will be installed in said a1 bdivision by Seller in accordance with requirements of the Board of County Commissioners of Pinellas County, Florida, regulating develop- ment of subdivisions. It is further understood that in the event that this transaction shall be closed prior to the completion of said improvements that the responsibility of Seller in connection therewith Taxes and assessments, if any, for the current year smll be pro- rated as of the day of closing. Seller agrees to place the necessary Documentary Stamps on the Deed of Conveyance and to pay Intangible Tax on any Mortgage received as part of the consideration. Purchaser agrees to place Documentary Stamps on any Promissory Note executed. (6) Possession will be given on the date of closing which, subject to the provisions of this agreement, shall be on the 11th day of August , 19 58. . (7) Seller agrees, at its expense, to furnish a Commitment for Title Insurance from a reputable title company authori~d to do business in Florida, within five (5) days after execution of this con- tract and, thereafter, to pay for an Owneris Title Policy in the face amount of the purchase price if the same is issued. In the event said Commitment for Title Insurance indicates that the title to said pro- perty is merchantable and free and clear of liens and encumbrances except as herein otherwise provided, this transaction shall be there- -2- ~ '" iF e e upon completed as herein provided. In the event Commitment shall indicate otherwise, the Seller shall have a period of sixty (60) days after notification thereof within which to cure defects in title, and this sale shall be closed within ten (10) days after notice of such curing to the Purchaser or his attorney~ Upon Seller's failure to correct said defects within the time limit, the earnest money deposit shall be returned to the Purchaser upon demand and all rights and liabilities arising hereunder shall ter- minate. In the event Seller shall perform all of his obligations under this contract and Purchaser shall fail or refuse to make the balance of the payments, or to pay the balance of the purchase price as above set forth, the said ca~h payment made on this date may be retained by or delivered to the Seller as liquidated dam- ages by reason of the Purchaser's failure to complete this agreement~ (8) The loss or damage of the premises by fire or other casualty until the delivery of the deed is assumed by Seller. (9) Time is of the essence of this agreement and all coven- ants and agreements herein contained shall extend to and be obliga- tory upon the heirs, personal representatives and assigns of the r e specti ve parties. The words "Seller" and IIPurcha seri! hel"ein em:. ployed shall be construed to include the plural as well as the sin- gular. (10) Seller recognises Blanton Realty Co. (Not Inc.) as the pro- curing broker and real estate agent in this transaction and that the authorized commission of five (5") percent will be paid said broker upon consumation of this sale. IN ~HTNESS ~VHEREOF, t:1e parties haye hereunto set their hands and seals in person and by and through their personal repre- sentatives the day and year hereinabove mentioned. CITY OF CLEili1WATEa. FLORIDA A municipal corporation ~~_: ~d~~~______, Clty Manager (Acting) -3- . . '" ~ I. e ATTEST: ~~ /. - - ... Ci tY"~ erk Signed, sealed and delivered i~.he p.r.es.. e. n.ce o~. :. . ..... ....... .... ........ .... /t~-i: . -. , / /' ~ ~.~.~ As .0 Seller ~ /Y//~t:w '7f~ As to Purchaser -4- . COUNTErlSIGNED: W,F. ~_._~- ng) Approved as to form and correctness~ ~7::1tt~ ... \i SELLER." ~' M1 L:CA a~. <L . rfJq.. Q In. )~ ;/~. "PUB.CHASElt II !: ....... ' . . HON. LEWIS H. HOMER MAYOR JOHN W. ROWE ATTORNEY MAURICE M. CONDON REALTOR HERBERT M. BROWN ATTORNEY J. FRED CAMPBELL PAVING CONTRACTOR WALTER S. DOXSEY CONSULTANT A. B. CHIPLEY AGENT - S.A,L. R.R. FORREST DEAN ROOFING CONTRACTOR BEN KRENTZMAN ATTORNEY ROBERT H. LEVISON ARCHITECT Committee 10'1. 8nJustriat 9Jevelopment CHAMBER OF COMMERCE BUILDING CLEARWATER, FLORIDA JOHN L. MARTENS - CHAIRMAN V. PRES. CITY NATIONAL BANK PAUL H. FICHT - SECRETARY MGR. CHAMBER OF COMMERCE JOHN C. YOUNG - DIRECTOR INDUSTRIAL DIRECTOR . C. OF C. July 26, 1958 Honorable Mayor Lewis H. Homer and the City Commission City Hall Clearwater, Florida Re: Hood's Milk, Inc. Gentlemen: Attached hereto is an architect's drawing of the proposed buildings to be erected on Lot No. 18 of the Clearwater Industrial Park. The street in the foreground of the architect's drawing is Calumet Street at Lot No. 18 in the Industrial Park. The front of the pro- posed building faces north. Lot No. 18 is located on the southwest corner of the intersection of Calumet Street and Sunshine Drive. The architect's drawing is incorrect in that it shows Sunshine Drive on the west side of Lot No. 18, whereas in reality it is on the east side. In all other respects the drawing is accurate, and the posi- tion of the buildings on the lot are as indicated. Sub-section F of Clause III of the Protective Covenants reads as follows: "No loading docks may be on any street frontage. Provision for handling all freight shall be on those sides of any building which do not face on any street or proposed street.I1 Reference to the architect's drawing (giving effect to the proper location of Sunshine Drive) will indicate that it is proposed to load the route vans on the side of the proposed building which faces on Sunshine Drive. Our information is that the large trailers will unload and load from the rear and west sides of the building. Further reference to the architect's drawing will indicate that the setback from Sunshine Drive is considerable, but because it is pro- posed to load these vans from the side of a proposed building which ... ... . . Honorable Mayor Lewis H. Homer and the City Commission - 2 - July 26, 1958 will face on a street, we believe an interpretive determination Should be made as to whether the proposed operation constitutes a loading dock and the handling of freight within the meaning and intent of the aforesaid Sub-section F of Clause III of the Protective Covenants. Sincerely, "rector JCYoung:jrm Enclosure .. . e 3Nf' 5700 22nd STREET N. ST. PETERSBURG, FLORIDA PHONE HE5.2111 July 25, 1958 Clearwater City Commission Clearwater, Florida Gentlemen: ~lease find enclosed our check No. 3975 in the amount of ~1093.05 payable to the City of Clearwater representing 10% of the purchase price for lot 18 of the Clearwater Industrial Park. Also please find enclosed, in duplicate, duly executed contract covering the purchase of this property. We are enterinG into an agreement with the International Investment Company, Inc., 3825 Henderson Blvd., Tampa, Florida to erect our building on this lot to the plans and specifications already submitted to the Clearwater Industrial Park Commission. The International Investment Company will purchase this lot from Hood's Milk, Inc., at our cost, and will erect the building thereon, using their own funds. Hood's Milk, Inc. will enter into a IS-year lease with the International Investment Company with an option to purchase said real estate and improvements. Such option may be exercised beginning with the sixth (6th) year of the lease or any year thereafter during the term of the lease. In view of this arrangement we would appreciate the City of Clearwater waiving its option to purchase this lot No. 18 under the 90-day option clause. Very truly yours, HOOD'S MILK, INC. (faJ. 'm. ~ Paul M. Hood President --,f) ~_.:^ PMH:bb Encl. P'NELLAS COUNTY'S OLDEST ESTABLISHED D . e Committee 10'1. 8nJustriat 9Jevelopment CHAMBER OF COMMERCE BUILDING CLEARWATER, FLORIDA JOHN L. MARTENS. CHAIRMAN V. PRES. CITY NATIONAL BANK PAUL H. FICHT - SECRETARY MGR. CHAMBER OF COMMERCE JOHN C. YOUNG. DIRECTOR INDUSTRIAL. DIRECTOR - C. OF C. July 18, 1958 Honorable Mayor Lewis H. Homer and the City Commission City Hall Clearwater, Florida Gentlemen: At a meeting of the Committee for Industrial Development held July 16, 1958 formal approval was given to the application of Hood's Dairies to purchase Lot No. 18 in the Industrial Park as the site for their Clearwater sub-station. This approval was given after a study of the proposed operation and a review of the plans and specifications of the building, as well as an architect's drawing, and was made subject to the approval of the City of Clearwater. Because time is of the essence in this matter, we urge that such approval be given not later than Monday, July 21, 1958, if a regular meeting is scheduled on that date. If not, I believe the urgency of the matter indicates a special meeting or some other arrangement under which appropriate approval can be given. Sincerely, JCYoung: jrm Director I Ll ,( \\.. . , , r'. , . Ct\\' v ') l' HON. LEWIS H. HOMER MAYOR JOHN W. ROWE ATTORNEY MAURICE M. CONDON REALTOR HERBERT M. BROWN ATTORNEY J. FRED CAMPBELL PAVING CONTRACTOR WALTER 6. DOXSEY CONSULTANT A. B. CHIPLEY AGENT - S.A.L. R.R. FORREST DEAN ROOFING CONTRACTOR BEN KRENTZMAN ATTORNEY ROBERT H. LEVISON ARCHITECT ;-"'11 '\ ~I~~ ~