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NORMAN KIRKLAND SR - FOREST DEAN ;"......:.w.J/toi..\.-__ ._ ':,~~;ii",,'I.'/.-<"""".!.' ......:,"~.0l.-,......,~,.'..~1~~;,iW;~..,.~~....,:.-..:..'I4o"';.......!'"'j.~......,,.., ."j. ~~.,."."".,.", -. "':,. "';.;, hl':~......t;';. 'ni,":::,..,"~''';';'....: "~~~'.I" ....~i~...J"..." ,i"." 0.<;""0' e e ..:.~ ~-~. - ALLBlUTl'ON AND WHITE ~~tlO t, , J ()./flv-/.> , . O ,~ l,vfl...J-e Q~ IJ"'Y T&L.Il~H~. ,4~fl!l2,,1M',I,:, ,y,,tt./J'"' (.~,t', ," I'ti,"! r '/'" ! (},:p" July 22, [964"" , ATTO RN EYS-AT- L.AW 200 SoUTH OeclEOl..A AVIENUIE CL.EARWATER. FL.ORIOA 33516 OWEN s. ALLBRITTON, m JACK F~ WHITE, .JR. Honorable James R. Stewart city Manager, City of Clearwater P.O. BoX 1348 Clearwater, Florida '-../) v' 7)ptJ~f Dgar Mr. Stewar~: I represent Norman Kirkland, Jr. and Forest Dean, the owners of a lot at Highland and palmetto in Clearwater described as: Tract "A", un it 1 0 f palm Terrace Subdivision, as recorded in plat Book 27, Page 42, of the public records of pinellas County, Florida. They have authorized me to offer the following propo sal to the City Commission for their consideration and, I hope, favorable act ion. They will exchange the above lot for Lot 7 of the Clearwater Industrial park. As a further considerat ion 0 f this even trade they guarantee to initially erect on the lot in the Industrial park a commercial building with a present minimum of 5,000 square feet, but of the type of construction so as to permit immediate expansion, costing approximately $35,000 and which will employ at the outset not less than ten persons. As a furt her inducement, act ual construc~ion of this commerc ia 1 building will be commenced within thirty days from the actual exc hange of the, deeds. The building proposed to be erected wU 1, of course, have to meet your approval in complying with existing regulations as to the design and, ~pecifications as well as to the type of activity to be conducted there. Because of a commitment made by my clients to the proposed user of this lot in the Industrial park, the above information is all that ca n be divulged at this time to avoid prema ture pub licit y ,-"[ ~~I;""""'-" rl '-"'" -' @ r~~ ,c: ----'-~-'- ' -. .' ~~ ... :!'''~ '-.... ~ ", "t~-~~- ~ ,'-.1 -....L,,',~.~.,.<I"'.,. ,,;';;,:~fi:jt ',~ ...j...;,......,....'~'. :1..... .~_. . ". . e e Honorable James R. Stewart July 22, 1964 until the acquisition of Lot 7 is assured and accomplished. However, I can unequivocally state that the industry will be of the type now being sought to utilize the Industrial park. .'. To further show their good faith and to fully protec t the City'S interests, Messrs. Kirkland and Dean agree that the City shall have the exclusive right to set this exchange aside and place both parties in the position they now occupy should the covenants made i_n_thi.-s~p-reposal-fail to materialize. This can be legally assured by myself and your legal department putting reverter clauses in the deeds to be given, or by our utilizing a trustee to hold the executed deeds and del iver then only upon the condi tions outlined in this letter being met and fully perfonned. In the final analysis, if this proposal is accepted, the City stands to gain another industry of the type sought to be placed in the Industrial park, another source of employment for its residents and an increase in the tax rolls by virtue of the improvement to the lot. We have been advised that if this proposal is not promptly accepted the above industry will locate in the City of Tarpon springs, which is their sec ond pref erred 10 cat ion. Since time is of the essence I would appreciate this being placed on the agenda for the next Commi ss ion meet ing. Mo st sincerely, AlLBRJ,TrqN AND WHITE /' / &-' . ;( __ ,_ ;/ - ~.._.._. - ' I ." B~,&.i23;-:< '/~/ :rf/-1&~ Owen s. Allbritton, III """" ccs: Mayor Robert Commissioner Commissioner Commi ssioner Commi ss ione r L. '.;Teat herly Cleveland Insco, Joe Turner Herbert Fields , ' Amo s Smit h Jr. w (, ~- !~, \ r~" " .--"---, ~. --~ .. e . .-;: p' .' ESCROW AGREEMENT vJHEREAS, the CITY OF CLEAH.'\;JATI<R, a Florida Hunicipal Corpor- at ion, as "FIRST .I.~ART yu and NJR,:viAN KL:\.KL,~i-.jD, JR. and FOREST DEiU"J, joined by the ir res p ec t ive wive s as "SECC'.\D ;..0lJi.TYu, have execu ted certain Deeds whereby each party conveys to the other certain lands located in Finellas County, Florida, to-wit: Tr ac t A, Un it l, 0 f P Al..L"l TiliRACE SUBDIVISIGN as recorded in plat Book 27, page 42, of the public records of Pinellas County, Florida, deeded fr om "SECO ND PARTYu to "FI RST J:'ARTY", and Lo t 7, CL E.~ vi,,',,T.2 K Il'!DU STR IAL f N{l(, as rec orded in pI at Book 4 pu ge 46 , ~)ubl ic records of Pin ellas Coun ty, Flo r ida, deeded from "FIRST PARTY" to "SECOND .l:'J\.[:rry", and ~..JHEREAS, the aforesaid executed Deeds are to be exchanged between the part ies as an even trade or exch ange, subj ect to certain couditic.ns and covenants being fully performed by "SEGOim .L:\r~TYIi, and, ivHirU~q~' i1:3i.'.,"':C~\D ..L'fUtfY" caused to be written to "FLZST {JA,ll{TY" a certc:.in letter (l,tce July 22nd, 1964, which was an offer to e);:change the aforesaid lands subject to certain conditions being.')2rrormed by "SECOND fi\RTY" as outlined in said letter (COi::y attached hereto and made a part hereo f), which off c r was acce r)ted by "FIR3T .c ~\RTY" on ~ugust 3, 1964 , and, ;iJHERK'\.S, both part ies hereto are des irous of depositing their executed Deeds to the other party with an ,Sscrow Agent v.'ith ::1Lrections to said Escrow Agent to deliver the Deeds for recording to the designated grantee upon completion of all the covenants and conditLms of IISEC0i:~D ,,)auy" as outlined in said letter of July 22nd, 1964 to uf 1 R.-; T FARTY", N01,J, TEEH.EFORE, in consideration of the C:iUtual promises of the parties hereto, and currently with the execution of the aforesaid -1- /eJ-CDr -O} (!~) " 0, .' e . Deeds from each party to the other, it is agreed as follows: L Herbert R. Mayers shall be designated as Escrow Agent and shall recei ve and hol d the execu ted Deeds of each party hereto whereby "FIRST PARTY" conveys to "SECOt,m J?AATY": Tract A, unit 1 of ~AU1 TSRkACE SU BDIVIS ICN as recorded in I1 at Book 27, page 42, 0 f the pub lic records of pinellas County, Florida, and "SECOND P.ARTY" conveys to "FIRST P_\RTY": Lo t 7, CLVJbl,~,TSR INDUSTR 1AL Pl\RK, as reco rded in plat Book 4 pa?e 46 , public records of pinellas County, Florida. 2. That upon the fu1f il1ment and compl etion to the sat is- faction of Escrow Agent of all the conditions and terms of the offer of "SECO~ID PARTY" as contained in that certain lettc:r attach,ed to this Agreemffit, the Escrow Agent shall deliver said executed Deeds to the grantee thereof for recording in the public records of linella::; County, Florida. Since this ~s 2.n even trade of the properties as described above between the pc:rties, each of the p&rties shall bear at their exp ffi se the co st of reco rd ing their resp ective Deeds and such documentary stamps thereon as may be required. Each party agrees, however, to furnish Title Insurance in the amount of ~?.!..h200. 00 , or Abstract of Title evidencing good marketable title to the premises being conveyed to the other ?arty. 3. Should the "SECOND PARTY" fa il to perfo rm the covenants and conditions of the letter of July 22nd, 1964, to the complete satisfaction of the Escrmv Agent herein (who is hereby designated as the sole judge thereof), and within the time limitations of said letter, the Escrow Agent is hereby directed to return the e::,ecuted Deeds to each of the grantors herein and the exchange and trclde of the respective property shall be null and void and of no effect ,jue to the lack of delivery of the Deeds to the gn'.ntee. 4. The Escrow Agent, by joining herein, assumes no responsibility other than to satisfy himself Cn6.t the conditions of -2- , .. ..- ~ ." e e this Agreement are fully perfonned before delivery of the Deeds to the desi gnated grantee, and shall be indemnif ied against any liability, loss, cost and expense occasioned hereby. ;nnIJESS \~'UR HANDS A0i'D SEALS, this ...21~t day of AUGUST, 1964. ..:~'~rT:EST : (SEAL) orrectness: ~n TNESSES : 71Jdli a~r~ As to Second p' rty C IT Y C F CLEAI{,h\ 1.2; R Ci ty ~/~li,~.::c..._-.~_~ F IRST:~ J)J~:tY ',~ - ,.;. -' ~.;,.- ...., -,- Co un te r-s ignea-;.'__ " - "~,, ~:/ ~p0/ ~:~/ '; ;~jt.:. ,',' :::/' ._ V,A:C,,<,_ , 1-<(, ,.:..a;'."<,el' do' i;a yo r-Comrn~ 55 ~~T' 1.' ~ ..t:1~ f............ (L. S. ) ~/CV-/ fj:ud~4..s.) I ' j~"'~ (L. S. ) ~L~J~' C!/ /r/~(L.S.) SEe OND [,:'\RTY 4~7S')