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AGREEMENT made~this ~ ~ day of , 1970 among ~
and between KIMCO FT. PIERCE, INC. , a Florida corporation, with i
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an office at 245 Park Avenue, New York, New York, hereinafter i
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;;called "Owner"; WINN-DIXIE STQtES, INC., a Florida corporation, j
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::with an office at 5050 Edgewood Court, Jacksonville, Florida, ' ~
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~~hereinafter called "Tenant"; and THE BOGTERY SAVINGS BANK, a New }
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' York corporation, having its principal office at 110 East 42nd ;
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~':Street, New York, New York, hereinafter called the "Bank"; ~
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W I T N E S S E T H: ~
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WNEREAS, the Owner is seized in fee of the premises ?
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~ situated on the West Side of U. S. Highway #1 opposite intersectio~
~ with Tennessee Avenue, St. Lucie County, Florida, more particular-~
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: ly described in the mortgage hereinafter referred to; and ~
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WNEREAS, WINN-DIXIE STORES, INC. is in possession of ~
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' a portion of said premises under a certain lease dated January 31,~
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1969 by and between KIMCO FT. PIERCE, INC., as Landlord, and the ~
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said Tenant, a short form of said lease being recorded in Official~
Record Book 175, page 2525 of the Public Records of St. Lucie ;
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County, Florida, as amended by First Amendment to Lease dated ~
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' September 2, 1969, and as further amended by Second Amendment E
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to Lease dated January 19, 1970 for a term of twenty (20) years ;
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' expiring on January 3, 1990; and ~
WHEREAS, the Bank has been requested to accept a first '
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mortgage in the principal amount of Six Hundred Thousand ~
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($600,000.00) Dollars (herein, together with any modification, ;
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~ consolidation, extension, increase and renewal thereof by the
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~ ' Bank, called the Mortgage) made by the Owner securing a Zoan to ~
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be made or purchased by the Bank and covering the entire premises ; ;
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above referred to, but is unwilling to make or purchase such ~ ~
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loan or accept the Mortgage unless this agreement has first ~ ~
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been executed and delivered; ~
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This instrument was prepared by ! i
~~R~~ }~i~ Alan Vuernick, Attorney at Law, `
whose address is 245 Park Avenue, ~ ~
~ New York, New York 10~17.
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