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Memorandum of lease and notice of non-responsibility~ ~ ~ ~ _ ,~G ~ ~ ~ I I#illl lilli lull lllli illll lllll lliif fill liil CFI~B 2CIJ'9F2424bO28 OR Bk 26815 Pss 3736 - 37401 (Saasl RECORDED 04/03/20D9 11:52:01 HARVEY fiUt+INi CLERK DF COURT MIAMI-DADE COUHTYr FLD^nIDA Prepared bv: end WHI-:N RECORDED MAIL TO: SRC Properties, LLC 230 Fifth Street Miami Beach, Florida 33139 MEMORANbUNI OF TEASE AlYND NOTICE OF ETON-RESPO\SIBILITY TTiIS ME)VIORANDUM OF LEASE AGREEMENT is made and entered into as of March 31 2009, by and between BAY ROAR PARTNERS. LI.C., a Florida limited liability company ("Landlord"), and TREMONT TOR'ING. INC. a Florida Corporation ("Tenant"). Date of Lease: _As of March 31, 2009. Description of Demised Premises: Portions of 1850-1916 Bay Road, Miami Aeach, Florida 33134 See Legal Description on Exhibit "A" Trnm: Two (2) years, comrraencing on the date the Lease is fully-executed by Landlord and Tenant, wi#h no Option to Extend the Lease. The Lease provides an "EARLY TER~fIlNATION OPTION", which term shall mean that Landlord shall have the right to terminate this Lease by providing Tenant no less than thirty (30} days advanced written notice for any reason whatsoever. ?Notwithstanding anything contained in the Lease to the contrary, Landlord shall have the right to terminate the Lease and Tenant's occupancy rights in and to the Premises pursuant to the Early Termination Option, with written notice to Tenant. On or before the expiration of such 30 day period, Tenant shall vacate all Portions of the V 1147\186301 R 613921 v 4 3~ 1/09 4:36 Y!d Premises and remove all vehicles and personalty of Tenant therefrom, and Rant shall be prorated through the date of Tenant's vacation of the Premises. Mechanic's Liens: The Lease specifically provides that Tenant shall keep the Premises, at all times, free of mechanic's liens and other liens for labor, services or material purchased or procured; directly or indirectly, by or for Tenant. Notice of Non-Responsibility: All persons are put upon notice of the fact that the Lease provides that Tenant under no eir+cumstances shall have ehe power to subject the interest of Landlord in the Premises to any mechanic's or materialmen's Gen or liens of any kind. All persons who hereafter, during the life of the Lease, may furnish work; services, or materials to the Premises upon the request or order of the Tenant or any person claiming under, by, or through the Tenant, must look wholly to the interest of the Tenant and not to that of [he Landlord. Tenant covenants and agrees with Landlord that Tenant shall not permit or suffer to have filed or claimed against the interest of Landlord in the Premises during the continuance of this Lease any lien or liens of any kind by any person claiming under, by, through or against the Tenant; and if ary such lien is claimed or filed, it shall be the duty of the Tenant, within twenty (20) calendar days after receipt of notice of the claim of lien or suit claiming a lien has been filed, to cause the Premises to be released from such claim either through payment or bonding with corporate surety or through the deposit into court, pursuant to statute, of the necessary sums of money, or in any other way that shall effect the release of the Landlord's interest in the Premises from such claim. Landlord shat] have the right to come upon dtc Premises to post notices of Landlord's non-responsibility. The purpose of this Memorandum of Lease is to give record notice of the Lease and of the rights created thereby and of the specific terms herein, all of which are hereby confirmed. This l~femorandum is for informational ptnposes only and nothing contained herein shall be deemed to in any way modify or otherwise affect any of the terms and conditions of the Lease, the terms of which are incorporated herein by reference. This instrument is merely a Memorandum of the Lease and is subject to all of the tetras, provisions and conditions of the Lease. In the event of any inconsistency between the terms of the Lease and this inswment, the terms of the Lease shall prevail. The rights and obligations set forth herein shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. This Memorandum of Lease shall expire by its own terms of record, unless sooner terminated in writing by Landlord or unless extended by the mutant written agreement of the parties. 6. iRFMONTYn2oTOWING%tat.F.ASF.%2aV7°/.2aFxxution%20Copy(1]3/31M9 4:36 P~f L1 WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the dates set forth in their rospective aclrnowledgments. Signed, sealed and delivered in the presence of: LANDLORD: _ BAY ROAD PARTNERS, LLC., eR~~D a Florida li ;'ih:af~i• °,~,~` G By. (As to "LANDLORD"} S~ttj3¢p /: • ~Utn6c~ Scott Robins, anager TENANT: TItE?VIO~N/T~TOWII~G, INC_„ a Florida Corporation ~T~~R By. U/a Edwi nzalcz, President e/1 (As to `°fENAl.'I"') ~ LC ~~~ 7 TItEMOM°rG20R'OWA1G°/.20L.E.4SE%20V7%20EkecuNonW.20Capy[I]3/31/094:36 Pbf (KOTARY ACI{?70~VLEDGMENTS ATTACHED TO MEMORAh°DliM OF LEASE ANb NOTICE OFNON-RESPONSIBILITY) STATE OF FLORIDA I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing un a ed be a me by Scott Robins. as Mana ger of Bay Road Properties LL e is personally known to me o o has produced as identification. wTINESS my hand and official seal in the C ounty and State Iast aforesaid this~~ day of rv~rt-nd. , 2009. m rR c~.s N. aa ; ~ '' Mr ooMMissictd a cc nssel _ - ~XFiRfia: Bactanl:ar t7, 201t p„~q~[~ ~ y npTM(['fl M a Yl lU l~I V\ n ~j' Stls(~ 1I YY pprllChN`b1iN P.:le Undc MIWS My Commission E x i e S p r Notary Public Name of Notary Public STATE OF FLORIDA COUNTY" OF MIAMI-DAAB I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by Edwin Gonzalez, as President of Tremont Towing, LLC. Ha is-~e>?seaally~. s produced f~ ~L a, identification. WITNESS my hand and official seal in the County and State last aforesaid thisday of Vhw~'^ .2009. r...^,,, ralx+awsKxatt~l (~t,J~p~[c •Y - ~'.~ nttCtu6t~ss~oNa'~9ns59t... . - V(lr'ItlLGi7 `~ s EXPIFEa:Sepiember17,20N~. -Sh~f.,~• @vC~ORrv'.'lM6YPNBe YM1YN~~ My Commission F.xpires: Notary Pub •-• - - - Name ofNotarv Public 8 r[~rtorrxzorowwr^raoLS.nsa~,szov7suoFx~o~tio~>iaocoyyli[~uo9 a:3s rat OF2 BK 2E~•£:15 PG 37'443 LAST t*d1GE LEGAL DESCRIPTION PREMISES That certain Commercial Condominium Unit described as The SRC TJnit of the PURDY AVENGE COMMERCIAL CONDOMINIUM, according to the Declaration of Condominium Thereof recorded in the Public Records of Miami-Dade County, Florida simultaneously herewith, together with an undivided interest in the common elements thereof, which is a commercial condominiam of a parcel of vacant lead located adjacent to the Building and more particularly described as follows: All of Lot 1 and Lot 2, Less the North four (4) feet of the East 112 of said Lot 2, Block 14-A, ISLAND VIEW ADDITION, according to the plat thereof, as recorded in Plat Book 9 at Page 144, and together with the East 1/2 of Lot 7 and all of Lot 8, Block 14, THE ALTON BEACH REALTY COMPANY'S PLAT OF ISLAND VIEW SL~DIVISION, according to the p]at thereof, as recorded in Plat Book 6 at Page 115, both being recorded in the Public Records of Miami-Dade County, Florida. The above described nerimetrica! boundary beine below elevation 20.80 feet, relative to the National Geodetic Vertical Datum of 1929. Together with: The fast floor of the Building Located at 1916 Bay Road, Miami Beach, FL 33739 and situated on real property legally described as: The East 1/2 of Lot 3, and the North four (4) feet of the East 1/2 of Lot 2, Block 14-A, ISLAND VIEW ADDITION, according to the plat thereof, as recorded in PIat Book 9 at Page 144, of the Public Records of Miami-Dade County, I+lorida. 9 rREMONT%267.OW@!G°h20LEFtiSE%7.OV7°i620Exoeuuon%20Copy[IJ3/31N9 436 PM