94-21099 ResolutionLocated at the Southwest Corner of Collins Avenue and Seventh Street, and authorize the
Mayor and City Clerk to execute the Agreement.
PASSED and ADOPTED this 30th day of March
1994.
ATTEST:
RJNcnm RJAdsk2\a:balval.
res 3/
25/93
CITY CLERK
fORM APPROVEDLEGAL
DEPT.By T t:
INDEX OF CLOSING DOCUMENTS
CITY OF MIAMI BEACH - BALLET VALET PARKING COMPANY
Our File No.
12937-0004 1. Agreement to Purchase and Sell Real Property
and Air Space.2. Acquisition,
Construction and Development Agreement.3. Exhibits to
Acquisition, Construction and Development Agreement:
A. Air Space (not included)B. Lower Elevation
of Air Space (
not included)C
BV Land D. City Land E. Draw Request (AlA Documents
G702 AND G703 - not included)
F. General Contractor's Agreement G. Narrative and Schedule of GMP
Design/Build Costs of Garage H. GMP Design
Development Drawings and Outline Specifications I. Retail
Space Construction Costs (not
included)J. Schedule of
Performance K. Request for Disbursement L.
Memorandum of Option (not included)M. Memorandum of Right
of First Refusal (not
included)N. Easements (not included)O.
Ramp Space Designation (not included)4. Side Letter dated May 31, 1994 among
City of Miami Beach, The Ballet Valet Corp.,The Ballet Valet Parking Company,
Ltd.
and Leo-James, Inc. regarding post closing items.5.
Letter
from McCarthy Brothers
Company dated June 6, 1994 regarding Exhibit "0"clarification.6. Loading
Area Agreement.
7. Notice to Vacate and
estoppel letter re: Sin City, Inc. "Velvet".8. Performance Bond.9, Labor and
Material
Payment Bond.10. Certificate of Insurance regarding liability coverage
adding City of Miami Beach to BV policy.11. Chicago
Title Insurance Company Commitment for Title Insurance No. 10 0198
10 003910.
12. Chicago Title Insurance Company Owner's Title Insurance Policy
No. 10 0198
04 000423.13. Phase
15. Letter from Allied Environmental Consultants, Inc. dated May 25,
1994, certifying Phase II Subsurface Investigation to the City
of Miami Beach.16. Letter from Earl Gallop dated May 26, 1994 authorizing
purchase based
on the Phase II Subsurface Investigation.17.
Copies of Tax Receipts for 1993 taxes
re:Folio Nos. 02 4203
004
0730 (
1993 taxes and 1992 delinquent taxes cert. 8213);02 4203 004 0740 (
1993 taxes and 1992 delinquent taxes cert. 8214);02 4203 004 0750 (
1993
taxes);02 4203 004 0760 (1993 taxes).18. Closing Statement between The Ballet
Valet Corp. and The Ballet Valet Parking Company, Ltd., Sellers and City
of Miami Beach, a Florida Municipal Corporation,Buyer.19. Use Agreement
between The Ballet Valet Parking Company, Ltd. and City of Miami Beach regarding
temporary use of parking spaces and temporary occupancy
by "Velvet".20. Affidavit of Anthony
Goldman, as President of The Ballet Valet Corp.21. Affidavit of Anthony Goldman, as President
of The Ballet Valet Corp., sole General Partner of The Ballet Valet Parking Company,
Ltd.22. Certificate of The Ballet Valet Corp.23. No Lien and GAP
Affidavit executed by
James Resnick on behalf of Leo-James, Inc.24.
Good Standing Certificate for The Ballet Valet Corp. from the Florida Secretary
of State.25. Good Standing certificate for The
Ballet Valet Parking Company, Ltd. from the Florida Secretary of State.26. Certified copy of Corporate
Resolution of Leo-James, Inc,27, Certified copy of Certificate of Limited Partnership
of The Ballet Valet Parking Company, Ltd. from the Florida Secretary of
State.28. Side Letter from The Ballet Valet Parking Company, Ltd. in favor of the
City
of Miami Beach regarding provisions for the third elevator, payment by BV for
up to $50,000.00 of the cost of the plant maintenance equipment,
provisions regarding insurance
deductible and confirmation that The Ballet Valet has paid in full the Design
Builders Part 1 C Compensation.29. Side Letter from The Ballet
Valet Parking Company, Ltd.
to Mayra Diaz-Buttavacoli regarding The Ballet Valet responsibilities for asbestos and
use of parking prior to commencement of construction.30, Satisfaction
of Mortgage executed by Moy Lee
to The Ballet Valet Parking Company,Ltd. recorded June 8, 1994 in Official
Records Book 16396 at Page 786, Public Records of Dade County,
Florida.31.
Satisfaction of Mortgage
33. Continuous Marriage Affidavit of Estela Sanchez and Luis Sanchez recorded
June 8,1994 in Official Records Book 16396 at Page 789,
Public
Records of Dade County,Florida.34. UCC-3 executed by Continental
National Bank of Miami recorded June 8, 1994 in Official Records
Book 16396 at Page 791, Public Records of Dade County, Florida,35.
Satisfaction of Mortgage executed by Continental National Bank of Miami recorded
June
8, 1994 in Official Records Book 16396 at Page 792, Public Records of Dade County,
Florida.36. Affidavit of Jack Mathews as attorney for the Estate
of Joseph
P. Shelley, Sr. recorded June 8, 1994 in Official Records Book 16396 at Page
793, Public Records of Dade County, Florida.37. Satisfaction of Mortgage executed by
Joseph P. Shelley, Jr. and Gerald J. Shelley as executors
of the Estate of Joseph P. Shelley, Sr. recorded June 8, 1994 in Official Records
Book 16396 at Page 795, Public Records of Dade County,
Florida.38. Discharge of Final
Order executed by Paul Gioia, Building Official of the City of
Miami Beach recorded June 8, 1994 in Official Records Book 16396
at Page 796, Public Records of Dade County, Florida.39. UCC-3
executed by Ballet Valet Parking Company, Ltd. recorded June 8,
1994 in Official Records Book 16396
at Page 797, Public Records of Dade County, Florida.40. Release of
Restrictive Covenants executed by The Ballet Valet Corporation and Shirit Development
Corporation recorded June 8, 1994
in Official Records Book 16396 at Page 798, Public Records of Dade County, Florida.
41. Acknowledgement and Agreement executed by James Resnick as Vice President
of Leo-James, Inc. recorded June
8, 1994 in Official Records Book 16396 at Page 801, Public Records of Dade County,
Florida.42. Agreement to
Grant Easements executed by the City of Miami Beach and Ballet
Valet Parking Company, Ltd. recorded June 8, 1994 in Official Records Book 16396 at
Page 807, Public Records of Dade County, Florida.43.
Warranty Deed executed by The Ballet Valet Corp.
to City of Miami Beach (Folio Nos,02 42030040730, 02 42030040740 and 02 42030040750
recorded June 8, 1994 in Official Records Book 16396
at Page 869, Public Records
of Dade County, Florida.44. Warranty Deed executed by The Ballet Valet
Parking Company, Ltd. to
City of
AGREEMENT TO PURCHASE AND SELL
REAL PROPERTY AND AIR SPACE
THIS AGREEMENT is made and entered into by and between
BALLET VALET PARKING COMPANY, LTD., a Florida limited
partnership and The Ballet Valet Corp., a Florida corporation
collectively, the "Seller"), whose address is 640 Ocean
Drive,Miami Beach, Florida 33139, and the CITY OF MIAMI
BEACH, a Florida municipal corporation ("Buyer"), whose
address is 1700 Convention Center Drive,
Miami Beach, Florida 33139.WIT N
E SSE T H:In consideration of the
covenants 1n this Agreement,Seller and
Buyer
agree as follows:
ARTICLE 1 Purchase and Sale The Property. Seller agrees to
sell to Buyer and Buyer agrees to purchase from Seller the
real property and air space described and delineated on Exhibit "
A" attached hereto and made a part hereof, together
with all improvements thereon, easements for physical support and
rights appurtenant to such real property as described
in
the
Development Agreement (
the Property") .ARTICLE 2 Purchase Price 2.1
Amount and Payment. The purchase price for the Property (
the "Purchase Price") shall be Two Million Eight Hundred
Forty Two Thousand Five Hundred Forty Four
Dollars
100,000.00 to reflect an amount of net
savings In the construction of the Project (as defined
in Section 3 hereof),The Purchase Price shall be increased
by Two Hundred Seventy Five Thousand Dollars ($275,
000.00) in the event the Seller conveys the "
Resnick Piece." The reduction in the Purchase Price and conveyance
of the Resnick Piece are more particularly
described In Section 1.30 of that certain Acquisition,
Construction and Development Agreement among the City of Miami
Beach, The Ballet Valet Parking
Company, Ltd., and McCarthy Brothers Company (the "Development
Agreement").Unless directed in writing otherwise, at the Closing as
hereinafter defined), Buyer shall pay the Purchase Price to
Seller by wire transfer in immediately available
funds
as follows: Steel Hector and Davis
Trust Account
Account #
2689603594934 First Union
National
Bank of Florida
Jacksonville, Florida ABA #063000021 Notify Carol Christenson (305) 577-
2975 ARTICLE 2 Completion of Sale The purchase and sale
of the Property shall be completed through a
closing (the "Closing") which shall occur
extended by the parties, provided all Conditions Precedent have
been satisfied. The parties' obligation to close this
transaction shall be conditioned as provided in Article 9
hereof.
ARTICLE 3 Conditional
Use Desiqnation Buyer and Seller have received from the
Planning Board,an agency of Buyer, (the "Planning Board") a
Conditional Use designation of the Property and the real property
and certain air space contiguous thereto (the "
Conditional Use Designation"), permitting joint use for a garage
and retail complex in accordance with the terms of that
certain Development Agreement (the "Project"), and those certain
plans and specifications submitted to the Planning Board,
and Design Review Board
of
Buyer.ARTICLE 4 Title
to the Property 5.1 Fee Title. At
Closing, Seller shall convey its title to the Property to Buyer
by a duly executed and acknowledged warranty deed (
the "Deed"), subject to those matters of record which do
not render title unmarketable (the Permitted Exceptions")
which permitted exceptions, are attached hereto and made a part hereof as Exhibit
B; provided none of the foregoing prohibits use of the Property
as a garage pursuant
to the Conditional Use Designation.5.2
Mechanics' Liens. Seller shall have no unpaid bills for labor
performed
Property. A no-lien affidavit to this effect will be delivered
by Seller to Buyer at Closing.
ARTICLE
5 Status of
Title Prior to the execution of this Agreement,
Seller provided Buyer with evidence of title sufficient for Buyer
and Buyer's counsel to evaluate the condition of Seller's title
to the Property. Buyer has provided Seller with Chicago
Title Insurance Company Commitment Number 10-
0198-10-003910 for the issuance of title insurance (
the "Commitment"). Buyer has given Seller notice of all
matters that would render title nmarketable
as stated in the Commitment.BALANCE
OF
ARTICLE
6 Environmental
Condition The terms of Article III of the Development
Agreement pertaining to the environmental condition of the Property
are hereby incorporated herein by this
reference.
ARTICLE 7 Representations
and Warranties 7.1 Seller. The
representations and warranties of in this section 7.1
are a material inducement for Buyer BALANCE
to enter into this Agreement. Buyer would not purchase the
Property from Seller without such representations and warranties
of Seller.
a) Seller is a limited partnership, organized
and validly existing under the laws of the State of Florida;
b) Seller has full power and authority to enter
into and perform this Agreement.
c) Seller has not employed or engaged any broker
or finder or incurred any liability for any commission or fee to
any broker or finder in connection with this Agreement or the
transactions contemplated hereby.
d) EXCEPT AS EXPRESSLY STATED IN THE
ENVIRONMENTAL REPORT DELIVERED TO BUYER PURSUANT TO SECTION
3.2 OF THE DEVELOPMENT AGREEMENT, (THE "
ENVIRONMENTAL REPORT")SELLER HEREBY EXPRESSLY DISCLAIMS AND RENOUNCES ANY
AND ALL WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR
IMPLIED OR STATUTORY OR OTHERWISE, ABOUT THE PROPERTY,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY CLAIM FOR
ANY DIRECT,INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES
RESULTING THEREFROM,WITH RESPECT TO THE PROPERTY AND ALL PERSONALTY,
FIXTURES AND APPURTENANCES OF ANY KIND WITH RESPECT THERETO.
SELLER HAS ENTERED INTO THIS AGREEMENT IN RELIANCE UPON
THESE LIMITATIONS OF SELLER'S LIABILITY AND WOULD NOT HAVE ENTERED
INTO THIS AGREEMENT WITHOUT
SUCH LIMITATIONS.7.2 BuYer. The
representations and warranties of Buyer 1n this section 7.2
to enter into this Agreement. Seller would not sell the
Property to Buyer without such representations and warranties of
Buyer. Buyer represents and warrants to Seller as follows:
a) Buyer has full power and authority to enter
into this Agreement and to perform this Agreement and to use the
tax-exempt proceeds from the issuance of the Gulf Breeze Bond
Funds;
b) the execution, delivery and performance of
this Agreement by Buyer has been, or will be prior to Closing,
duly and validly authorized by all necessary governmental action
on the part of Buyer. At Closing Buyer shall provide Seller
with a resolution of the City Commission of the City of Miami
Beach, Florida, authorizing the sale of the Property pursuant to
the terms of this Agreement.
c) Buyer has not employed or engaged any broker
or finder or incurred any liability for any commission or fee to
any broker or finder in connection with this Agreement or the
transactions contemplated hereby.
d) Subject to the matters stated in the
Enviromental Report Buyer has made its own inspection and
investigation of the Property and is purchasing the Property "AS
IS, WHERE IS, WITH ALL FAULTS," and has not relied on any
representations by Seller or its agents with respect to the
physical condition of the Property, Except for the matters
stated in the Environmental Report, BUYER HEREBY EXPRESSLY
WAIVES, RELEASES AND RENOUNCES, ANY AND ALL WARRANTIES OR
REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED OR STATUTORY OR
OTHERWISE, ABOUT THE PROPERTY, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND/OR ANY CLAIM FOR ANY DIRECT, INCIDENTAL
AND/OR CONSEQUENTIAL DAMAGES RESULTING THEREFROM, WITH RESPECT
TO THE REAL PROPERTY AND ALL PERSONALTY, FIXTURES AND
APPURTENANCES OF ANY KIND WITH RESPECT THERETO. BUYER HEREBY
EXPRESSLY ACKNOWLEDGES AND AGREES TO THE ABOVE STATED
LIMITATIONS OF SELLER'S LIABILITIES.
ARTICLE
8
8.1
Seller.as follows:All representations and warranties made
by Seller in this Agreement shall be true and correct on and
as of the Closing as if made on the Closing. All
such representations and warranties made by Seller shall survive
the Closing. Seller shall not permit any state of facts to exist or
to continue to exist which would cause any of
the representations and warranties made by Seller in this Agreement to
be
false or Covenants Seller covenants and
agrees with Buyer inaccurate on and as
of the Closing.8.2 Buver. Buyer covenants
and
agrees with Seller as follows:a) All
representations and warranties made by Buyer 1n this Agreement shall be true and
Closing as if made on the Closing Date. All such
representations and warranties made by Buyer shall survive the
Closing. Buyer shall not permit any state of facts to exist or
to continue to exist which would cause any of the
representations and warranties made by Buyer in this Agreement
not to be true and correct on and as of the Closing Date.
ARTICLE
9 Conditions
Precedent 9.1 Condition Precedent to Closina as
to Seller. The obligations of Seller under this Agreement
are subject to satisfaction of
the following conditions:a) Execution and delivery
of that certain Development Agreement by and between Seller
and Buyer and satisfaction of the conditions precedent to
closing of the Property as stated in
the Development Agreement.b) At Closing, Buyer shall not be
1n default 1n the performance of any covenant or agreement to
be performed by Buyer
under this Agreement.c) At Closing,
all representations and warranties made by Buyer in this Agreement shall
be true and correct as if made on and as
of the Closing.Seller may waive any or all such conditions
in whole or in part but any such waiver shall be effective only
if made in writing. No such waiver shall constitute a waiver
by Seller of any of its rights or remedies if Buyer
defaults in the performance of any covenant or agreement to
Buyer under this Agreement or if Buyer breaches any
representation or warranty made by Buyer in this Agreement. If
any condition set forth in this section 9.2 is
not fully satisfied or waived in writing by Seller by the
Closing Date,Seller shall be released from all obligations to
Buyer under
this Agreement.d) At Closing, all approvals from
the Commission for The City of Miami Beach shall have been obtained
in writing.9.2 Conditions Precedent to Closinq
as to Buyer. The obligations of Buyer under this
Agreement are subject to satisfaction
of the following conditions:a) Execution and
delivery of that certain Development Agreement by and between
Seller and satisfaction of the conditions precedent to closing of the
Property as stated in the Development Agreement
and all documents thereunder.b) At Closing, Seller shall not
be in default in the performance of any material covenant
or agreement to be performed by
Seller under this Agreement.c) At
Closing, all representations and warranties made by Seller 1n this Agreement
shall be true and correct as if made on and
as of the Closing.Buyer may waive any or all such
conditions in whole or in part but any such waiver shall be effective
only if made in writing. No such waiver shall constitute a
waiver by Buyer of any of its rights or remedies if
Seller defaults in the performance of any covenant or agreement
Seller under this Agreement or if Seller breaches any
representation or warranty made by Seller in this Agreement. If
any condition set forth in this section 9.3 is
not fully satisfied or waived in writing by Buyer by the
Closing Date,Buyer shall be released from all obligations to
Seller under
this Agreement.d) At Closing, all approvals from
the Commission for The City of Miami Beach shall have been obtained
in
writing.
ARTICLE 10 Closinq 10.1 Possession. Upon
receipt of the Purchase Price,Seller shall transfer possession of
the Property to Buyer at Closing free and clear of all
parties in possession and,
subject to the Permitted Exceptions.10.2
Closinq Costs. Seller and Buyer shall share equally the cost
of the documentary stamps and surtax in connection with the recordation
of the Deed,
and the cost to record the Deed.
10.3 Prorations. All current rents, real
estate taxes only if applicable), assessments, utilities, and maintenance charges
of the Property shall be prorated between Seller and Buyer as of
the Closing and, to the extent of information then available,
such prorations shall be made at the Closing. Such
prorations or reprorations shall be adjusted, if necessary, and completed
after the Closing as soon as final information becomes available. Seller
ARTICLE
11
Notices All notices and other communications under
this Agreement shall be properly given only if made in writing
and either mailed by an overnight courier service, such as "
Federal Express," or delivered by hand to the party at the address
set forth as
follows:As to Seller:Goldman
Properties c/o Park Central
Hotel 640
Ocean Drive Miami
Beach, Florida 33139 and
at:103 Greene Street
New York, New York 10012 with a copy
to:Dennis Scholl,
P.A.Steel
Hector & Davis
200 South Biscayne Boulevard Miami, Florida 33131-
2398 As to
Buyer:City of
Miami Beach P.
O. Box 0 Miami Beach, Florida 33119
Attn: Roger
Carlton with a
copy to:
David Berger, Esq.Broad & Cassel 175 Northwest First Avenue
Miami,
Florida
33128
Such notices and
other communications shall be effective upon receipt.ARTICLE 12
Miscellaneous 12.1 Damaqe or Takinq,Buyer hereby represents and warrants
the Property or the Project. This representation and warranty
shall survive Closing, and is a material inducement for Seller
to enter into this Agreement.
If the Property is damaged by fire or other casualty
before Closing, the Closing shall proceed pursuant to the terms
of Contract without restoration costs escrowed at Closing; it
being the intention of the parties to demolish the improvements
on the Property.
12.2 General. The Exhibits attached to
this Agreement are made a part of this Agreement. This Agreement
shall benefit and bind Seller and Buyer and their respective
successors and assigns. Time is of the essence of this
Agreement, including,without limitation, the date of Closing. This Agreement
may not be amended or modified except by a written instrument
signed by Seller and Buyer. This Agreement constitutes
the entire agreement between Seller and Buyer with respect to
the purchase and sale of the Property and supersedes all
prior agreements,understandings, offers and negotiations, oral or
written, with respect to
the Property.12.3 Successors and Assians.
Neither party may assign its rights or delegate its obligations
hereunder to
any person or entity.12.4
Date of Aareement. By executing four (4)duplicate originals
of this Agreement and delivering them to Seller, Buyer offers
to purchase the Property from Seller for the Purchase Price and
upon the other terms and conditions of this Agreement. As long
by Buyer to include a term or condition that is unacceptable to
Seller, Seller shall accept such offer and return two executed
duplicate originals to Buyer within five (5) days of Buyer'
s execution and delivery of such offer to Seller. The
effective date of this Agreement (the "Effective Date") shall be the
date this Agreement has been executed by the last party required
to execute the Agreement and delivered by such party to the
Seller or Buyer, as the case may
be.12.5 Governina Law, No
Recordation. This Agreement shall be governed by and construed in accordance
with the laws of the state of Florida. Neither this Agreement
nor a short form thereof shall be recorded in
the Public Records.12.6 Effect of Partial
Invalidity. If anyone or more of the provisions of this Agreement
shall, for any reason, be held to be invalid, illegal
or unenforceable in any respect,such invalidity,
illegality, or unenforceability shall not affect any other provisions hereof,
and this Agreement shall be construed as if such
invalid, illegal or unenforceable provision had never
been made a part hereof.12.
7 Construction. The parties acknowledge that with respect to
the transaction contemplated herein (a) each party and its counsel
have reviewed and revised this Agreement and that the normal rule
of construction to the effect that any ambiguities are to
be resolved against the drafting party shall not be employed in
the interpretatioll of this Agreement or any amendments or
from the other any accounting, tax, legal or other advice, and
c) each party has relied solely on the advice of its own
accounting, tax, legal and other advisors.
12.8 Survival of Indemnities. All
indemnities set forth 1n this Agreement shall survive
the Closing.12.9 Default.If Buyer fails
to purchase the Property on the Closing Date in accordance with
the terms of this Agreement, Buyer agrees to pay
Seller the sum of $250,000.00 which sum the parties agree
is a fair measure of Seller's damages hereunder and
is not a penalty.If Seller defaults under this Agreement
for any reason other than failure of Seller,
after reasonable efforts as hereinafter provided, to cure Title Defects, Buyer may
seek all remedies
at law or in equity, against Seller.
14. Radon Gas. Pursuant to Florida Statutes all sellers and lessors
of real property are required to assist in informing and
educating the public as to the potential hazards
of radon gas by delivering the following
notice:RADON GAS: Radon is a naturally
occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities,
may present health risks to persons who are
exposed to it over time. Levels of
radon that exceed federal and state
guidelines have been found in
buildings in Florida.Additional information regarding radon
and radon testing may
IN WITNESS WHEREOF, Seller and Buyer have executed this
Agreement to Purchase and Sell Real Property as of the dates
written below.
SELLERS:
THE BALLET VALET PARKING
COMPANY, LTD., a Florida
limited partnership
President
By:
Wi tne s s as to Se'tt-er)Date:
THE BALLET VALET C RP., a
Florida corporat' n
Date:
President
By:
R
ATTEST:BUYER:
CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation
J f.~
ct; Clerk
A1~ ,Wlb\..La..-'\..-- By:
Witnesses as to Buyer)Date:b
99'-\17-
FORM APPROVED lEr,
A~. (f ~/ /
By'di/~-(~~~ ~
X,i~B=-:' ,,"
F-ART ')f Ln~5 2 'rflROll~ 5 INCLUSIVE AND P"P.'l"
OF LO':' 6, AL:"AS DESCRIBEJ BELOW TO BE CONVEYED TO THE 2ITY
OF MIA~I BEACH The ~esterly 45.16 f~et
of Lot 6, Block 34, Ocean Beach, Fla.Additlon No.
1, recorded in Plat Book 3, at Page ~, of
the
Publ~c records of Dade County, Florida contains 2108
Square Feet.That Part of Lots 2 through ~ incluslve, Block 34,
Ocean Beach,Fla., Addltion No.1, recorded in Plat BOOK 3,
at Page l' of t~e Public recorda of Dade County,
Florida. Part of Lots 2 through~: Bounded on the West by the
Westerly line of said Lots 2 thrOU9ft 5, bound on the
North by the Northerly line of Lot 2; bounded on
the South of the Southerly line of Lot5;bounded on the East by ~
lln. descrlbe1 as follows: Commence C'.C'.) ..it ~ne sC''Jth..~t Cf')rner
of said Lot 5 and run 9c \ 2'25" E a.'.>ng thp Sc ,'
therll :i:"'o:: of Lot S, a dlstance of 4'5. fG feet to
The ~olnt :). Be<;lr'r\l~.g of the referenced East. -ly1.
1ne, :hen~~ run N 1(j047'.:}5" E 31cr.~
a
ll.ne para~:"--,l 1+.' a~i 4~.'6 ~eet
Ea~+:erly ot the ..ester:y 1.~:1e of LJ':.s6 t~rJuq~
3 incluslve, a Jistdnce of '50.
00 teet; thence run N
EXHIBIT -A-
ARCEL "A"
lr Rights for the Easterly 13.16 feet of
Lot 6, Block 34,cea~ 3each, Fla., Addition ~o.
1, recorded in Plat Book 3,t Pa~~ .' ~f the
Public records ofDade County, Florida.e~- :er':.:-a.l. Bou.-:
darv _,t tre above desc!:"lDed r Rlq~:S L5 at ~
n elevatlJn ~! ~C.OO fe~t,Nd~l~nal Geocetic \
iertlca. Dat'.lm N.<';.V.D.), 1929.The Jpper bo~ndar!
of the said
Alr ~lghts is an elevatian of irfinlty.Area
of the ease of
the Air
Rights .. 658 Squ&re r..t.PARCEL"B"Alr
Riqht~ for the Easterly 13.16 feet
of Lots 2 through 5 lnclusive, Block 34, Ocean Beech,
rIa., Addition No.1,recorded
in Plat Book 3, at .age 11 of
the Public records of Dade County. rlor1da.e
Loveat Vertical BoundAry of the above described Al=
Rlghts 1S at an elevation of 40.00 feet,tlonal
Geodetic Vertical Datum (
N.G.V.D.), 1929.The upper
boundary of the
said Air
Rights is an elevation of ~nfinity.of the .... of the Air
Rights is 2632 re F..t.PARCEL "c"
Alr Rlghts fo= that part of Lot 6 described
as Lot 6, less the Sasterly 13.16 feet and less
the Westerly
45.16 feet,B~ock 34, Ocean Beach,
Fla., ~dditlon No.1, recorded 1n lat 3GO~
3, at Page 11 of th~ Publ:c
records of Dade County, Florlda.e :owest Vertical Boundary of the
above described Alr Rights
is at an elevation of 23.00 feet,Naticnal
Geodetic Vertical
PARCEL "
0"EXHIBIT .
A.Air Rights for a part of Lots 2 through
5 lnclusive, Block 34, Ocean Beach, Fla., Addition
No.1, recorded in Plat Book 3, at Page 11
of the Public records of Dade County,Florlda; sald
part bounded as follows; Bounded on the East by a
line 13.16 feet westerly of the Easterly line
f said Lots 2 through 5 inclusive, bounded on the North
by ~he Northerly llne of Lot 2; bounded on the South by
e Southerly line of Lot 5; bounded on the
Westby a line descrloed as follows: Commence (P.O.
C.) at the south....ltsterly corner of Lot 5 and
run S 79012'25" E along the Southerly line of Lot 5, a
distance of 45.16 feet; to tne POlnt
of Beginn~ng (P.O.B.) of said
line; thence run 0047135" E along 'a line 45.
16 feet Easterly of the Westerly line ot Lots
5 through 3, a distance of 150.00 feet to
the Northerly line of referenced Lot 3; thence tun N
29055'12" E across Lot 2, a distance of 52.
92 feet to the Northerly line of said Lot 2,
said point being 62.50 feet from the
Northw&st corner of Lot 2. Area of
the ba~e of Air a~"ls is 15,902.
59 Square Feet.
EXHIBIT -B-
Permitted
Exceptions
1. Taxes for the year 1994 not yet due and payable,
and any taxes and assessments hereafter levied
or assessed.2. Plat filed March 14, 1913 in
Plat Book 3, Page 11 of
the Public Records of Dade County, Florida.
3. Restrictions contained in instrument recorded in Official Records
Book 14068, at Page 2954, of the
Public
Records
Notice of Change of Address
See Following Page
o 4 Y {¢ l o w. l
G O L D M A N P R O P E R T I E S p.
t
July 7, 2022
Via Certified U.S. Mail Return Receipt Requested
City of Miami Beach
1 700 Convention Center Drive
4 Floor
Miami Beach, FL 33139
Attn: City Manager & City Attorney
Re: NOTICE OF CHANGE OF ADDRESS
n
Dear City Manager & City Attorney:
I write to you on behalf of The Ballet Valet Parking Company, Ltd. with respect to the following
agreements (collectively, the "Agreements"):
l. Maintenance Agreement by and between the City of Miami Beach and The Ballet Valet Parking
Company Ltd. Dated August 11, 1997;
2. Lease Agreement by and between the City of Miami Beach and The Ballet Valet Parking
Company, Ltd. Dated August 11, 1997;
3. Parking Agreement by and between the City of Miami Beach and The Ballet Valet Parking
Company, Ltd. Dated August 11, 1997; and
4. Acquisition, Construction and Development Agreement for the Parking Garage Project at SW
Comer of Collins Avenue and 7th Street among the City of Miami Beach, The Ballet Valet
Parking Company, Ltd., and McCarthy Brothers Company dated June 6, 1995.
Please be advised that The Ballet Valet Parking Company, Ltd.'s address for all purposes of notice under
each of the Agreements is updated as follows:
The Ballet Valet Parking Company, Ltd.
c/o Goldman Properties
310 NW 26" Street
Suite B
Miami, FL 33127
Attn: Daniel T. Whyte, Esq.
Should you have any questions, please contact me at (305) 804-2602 or danielw@goldmanproperties.com
Sincerely,
Daniel T. Whyte, Esq.
On behalf of The Ballet Valet Parking Company, Ltd