NORMAN KIRKLAND SR - FOREST DEAN
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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
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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
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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
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Owen s. Allbritton, III """"
ccs:
Mayor Robert
Commissioner
Commissioner
Commi ssioner
Commi ss ione r
L. '.;Teat herly
Cleveland Insco,
Joe Turner
Herbert Fields
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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
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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
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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.
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(SEAL)
orrectness:
~n TNESSES :
71Jdli a~r~
As to Second p' rty
C IT Y C F CLEAI{,h\ 1.2; R
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