Parking Agreement
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PARKING AGREEMENT
THIS PARKING AGREEMENT ("Parking Agreement") is made and entered into the
II tk.. day of ~ 1997, by and between CITY OF M1AM1 BEACH, a Florida municipal
corporation ("City"), having an office at 1700 Convention Center Drive, 4th Floor, Miami Beach,
~
Florida 33139, and THE BALLET VALET PARKING COMPANY, LTD., a Florida limited
partnership ("BV"), having an office at 640 Ocean Drive, Miami Beach, Florida 33139.
WHEREAS, the City intends to construct a public parking garage designated as Municipal
Garage # (the "Garage"), at the southwest corner of Collins Avenue and 7th Street, Miami Beach,
Florida, on the real property owned by the City and more particularly described on Exhibit" A "
attached hereto; and
WHEREAS, the City, BV and McCarthy Brothers Company, a Missouri corporation
("McCarthy"), have entered into that certain Acquisition, Construction and Development
Agreement dated June 6, 1994 ("Development Agreement"); and
WHEREAS, the Development Agreement provides, among other things, for the City and
BV to enter into a Parking Agreement on terms and conditions set forth in the Development
Agreement under which the City would license to BV the use of certain parking spaces in the
Garage.
NOW, THEREFORE, in consideration of the covenants and agreements herein contained
and other good and valuable consideration, the receipt and adequacy of which is hereby
/j
acknowledged, City and BV covenant and agree as follows:
1. The location in the Garage of the parking spaces which are the subject of this
Parking Agreement, and the rules and regulations pertaining to such parking spaces, shall be as
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determined by the City, BY shall pay to the City monthly in advance a monthly fee (the "Monthly
Fee") consisting of a Base License Rate (the "Base Line Rate") per month per parking space, plus
applicable taxes. Initially, the Base License Rate per parking space licensed to BV shall be $75.00
per month fixed for two (2) years from the date of this Agreement. Thereafter, the Base License
Rate shall be subject to adjustment as provided in this Agreement, provided, however, that the .l.
Base License Rate shall never be less than $75.00 per month for the duration of this Parking
Agreement inclusive of any renewal periods. The Base License Rate shall be subject to annual
adjustment based upon the Consumer Price Index for Wage Earners and Clerical Workers, Miami,
Florida (1982 - 1984 = 1(0) published by the Bureau of Labor Statistics of the United States
Department of Labor ("CPI"). The "Base Number" shall be the CPI index for that month and
year which is two (2) months prior to the commencement date of this Parking Agreement (the
"Base Month"). The "Current Number" shall mean the latest CPl index published for the Base
Month of each calendar year during the term of the Parking Agreement by the Bureau of Labor
Statistics or other governmental agency then publishing the CPl (or if the CPI is no longer
published, a similar index for Miami, Florida most closely comparable to the CPI) after making
such adj ustments as may be prescribed by the agency or entity publishing the same, or as
otherwise may be required, to compensate for changes subsequent to the Base Number in the base,
items included or method of compilation thereof. If the Current Number exceeds the Base
Number, then the Base License Rate shall be multiplied by a fraction, the numerator of which is
the Current Number and the denominator of which is the Base Number and the product shall
thereupon be deemed to be the Base License Rate for the forthcoming year. In no event shall the
Base License Rate ever be less than $75.00 per parking space per month during the entire term
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of the Parking Agreement inclusive of any renewal period. If the Current Number shall be
unavailable at the time of commencement of an adjustment year, BV shall pay to City on the basis
of the Base License Rate then in effect until such time as the required adjustment is determined,
at which time an accounting will be made retroactive to the commencement of the adjustment
year. Anything herein to the contrary notwithstanding, it is agreed that the Base License Rate ..t
shall not increase more than 3% in anyone year during each 5-year period commencing with the
Commencement Date. The Base License Rate shall be re-adjusted every 5 years from the
Commencement Date to the greater of the then existing Bulk Rate or $75.00 per month and, at
such time, the Base Month shall be the month and year which is two (2) months prior to the
commencement of each five year re-adjustment period. The Base License Rate shall be
re-adjusted on each fifth anniversary of the Parking Agreement to equal the greater of $75.00 per
month or the then existing Bulk Rate, as defined below, and shall thereafter be subject to the
annual CPI adjustment as above provided on an annual basis. BV shall obtain and pay for not less
than 150 parking spaces and, at its option, up to a maximum of 25 % of the total parking spaces
in the Garage each year. BV shall notify the City in writing annually, not less than 30 days prior
to each anniversary of the Parking Agreement as to the number of parking spaces, subject to the
aforesaid minimum and maximum criteria, it will contract for in the forthcoming year. If no
timely written notice is received by the City from BV, then BV shall be deemed to have selected
the same number of parking spaces as were licensed to BV during the previous year.
2. The parking spaces licensed to BV shall not be specifically designated or assigned
and shall be accessed on the same conditions as other licensees of parking spaces in the Garage,
except as to the rate charged and term of the license. The City shall have no obligation to leave
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empty at all times the total number of parking spaces licensed to BY, but shall be permitted to
oversell parking spaces based upon computer utilization guidelines.
3. The initial tenn of the Parking Agreement shall be for 30 years commencing on the
Completion Date (as that tenn is defined in the Development Agreement) (the "Commencement
Date"). BY shall have the option to renew the Parking Agreement for two successive 30 year .t
tenns on the same tenns, subject to adjustment in the Base License Rate, and subject to annual
adjustments based upon the CPI, both as above provided, at the lowest Commercial Bulk Rate (but
never less than $75.00 per parking space per month), if any, which the City offers to other
non-governmental and non-residential parties in City owned garages within the area bounded on
the east by the alley east of Collins A venue, bounded on the west by the alley west of Washington
Avenue, bounded on the south by either side of 5th Street and bounded on the north by either side
of 14th Street ("Bulk Rate").
4. The City shall have the right to tenninate the Parking Agreement upon the
occurrence of any of the following: (i) the expiration of its initial thirty year tenn if the City
determines that the Garage will no longer be operated; or (ii) at any time commencing with the
25th anniversary of the Parking Agreement if the City elects not to rebuild the Garage following
its damage or destruction in whole or in part by Casualty or otherwise, in the City's sole
discretion; or (ill) at any time in the event of a default by BY which is not remedied as provided
in this Parking Agreement; or (iv) at any time in the event of a default by BY under the
Development Agreement which is not remedied as provided in the Development Agreement.
5. If the City terminates this Parking Agreement at any time commencing with the
25th anniversary of this Parking Agreement because of damage or destruction as provided in
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paragraph 4 above, then provided BV is not otherwise precluded from doing so under the
provisions of Article IX of the Development Agreement, BV may exercise the option to purchase
in accordance with the terms and conditions of said Article IX and defined as the "Option" in the
Development Agreement. Prior to the 25th anniversary of the Parking Agreement, the City shall
rebuild or repair the Garage within a reasonable time its damage or destruction in whole or in part. ~
6. The City shall have complete discretion in any rebuilding, renovation or redesign
of the Garage including elimination or addition of parking spaces.
7. The parking spaces may only be utilized for tenants, guests and customers of
properties owned by Anthony Goldman or his heirs (collectively "Goldman") or entities in which
Goldman is the majority (i.e., 50% or more in beneficial and voting interest) owner and which
is controlled by Goldman (collectively "Goldman Properties"). The right to use of the parking
spaces which are the subject of the Parking Agreement shall not be transferable upon sale of any
of the Goldman Properties or any interest therein which reduces Goldman I s ownership interest to
less than 50%.
8. In accordance with the provisions of the Development Agreement, the City hereby
authorizes BV to permit Resnick (as that term is defmed in the Development Agreement) to use
six (6) of the parking spaces licensed to BV under this Parking Agreement upon payment by
Resnick to BV of the Monthly Fee per parking space which BV is required to pay to the City from
time to time under the terms of this Parking Agreement. The City hereby consents to such
agreement on the conditions that: Resnick's rights shall be subordinate and inferior to the City's
rights under this Parking Agreement, Resnick's rights shall terminate upon termination of this
Parking Agreement; and Resnick acknowledges in writing to the City these conditions of the
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City's consent. The fonn of written acknowledgment required to be signed by Resnick is attached
hereto as Exhibit liB. II
9. If 100% of the Retail Space (as that tenn is defined in the Development Agreement)
is not leased and occupied by no later than six (6) months after the Completion Date, then BV
shall license from the City additional parking spaces in the Garage at double the monthly amount .L
then being paid by BV to the City for the spaces licensed to BV hereunder. The number of
additional parking spaces shall be 25 if 100% of the Retail Space is vacant, or a proportionately
lower number, based upon the ratio that the percentage of vacant space bears to 25 (e.g., a 20%
vacancy in the Retail Space requires the licensing of 5 parking spaces), rounded up to the next
whole parking space. Once the Retail Space is fully leased and occupied, the obligations and
rights of BV to license additional parking spaces shall terminate and shall not be reimposed even
though a portion of the Retail Space is subsequently vacated.
10. If it is ever detennined by any taxing authority or other governmental agency that
the Garage or any part thereof or interest therein is subject to ad valorem property taxes by virtue
of the existence of the Parking Agreement, BV shall pay said tax in full promptly when due, in
addition to all other payments required of it pursuant to this Parking Agreement.
11. If BV fails to timely pay the Monthly Fee and any other obligations required of it
under this Parking Agreement, the City may temporarily terminate all use rights of BV under the
Parking Agreement forthwith, without BV being relieved of its obligations under the Parking
Agreement including, but not limited to, its obligation to pay the Monthly Fee, until all required
payments are brought current. Failure of BV to bring such payments current within 90 days shall
entitle the City to temporarily terminate the Parking Agreement without BV having any right to
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reinstate same and, in such event, the Option granted to BY to purchase the Garage including the
City Land, the Air Space and the Easements pursuant to Article IX of the Development Agreement
shall immediately terminate. The City shall further have the right to permanency terminate the
Parking Agreement in the event that the Parking Agreement temporarily terminates five times
during the term hereof. The City shall give BY written notice of its Default in payment in order .t
to commence the running of the 90 day period for permanent termination of the Option to
Purchase and this Parking Agreement, as applicable.
12. The Monthly Fee shall be due and payable in advance at the offices of the City in
accordance with paragraph 1 on the 1 st day of the month immediately preceding the calendar
month for which such Monthly Fee is to be applied. The obligation of BY to pay the Monthly Fee
and any other obligations hereunder for each month during the initial term and any renewal term
hereof is absolute and shall not be dependent upon the use and non-use of the parking spaces by
BV and shall not be changed by any temporary termination of this Parking Agreement.
13. There shall be no assigned or reserved parking spaces at the Garage and no
particular area of the Garage shall be reserved or limited for the sole and exclusive use of BY.
Authorized users of parking spaces licensed to BV hereunder ("BV Users") shall be entitled to
park in any area of the Garage open to the general public on a "first come-first served" basis and
BV shall not be entitled to any greater parking or other rights in the Garage than any member of
the general public by virtue of this Parking Agreement. The City shall, however, operate the
Garage in a prudent manner to assure BV that it will have parking spaces available to it during
normal Garage operating hours.
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14. BY shall pay to the City the Monthly Fee on the Commencement Date and on the
1st day of each month thereafter throughout the initial term of the Parking Agreement and on the
first day of each month during any renewal period. The Monthly Fee shall be prorated for any
period of less than one full month.
15. BY shall use the Garage solely for the parking of automobiles and BY will abide .t.
by rules and regulations now or hereafter promulgated by the City applicable to the Garage (the
"Rules and Regulations"), so long as said Rules and Regulations are reasonable and recognize the
rights of BY hereunder.
16. During the term of this Parking Agreement, the City, at its sole and absolute
discretion, may from time to time establish such parking validation and monthly permit systems
as it deems appropriate for its operation of the Garage provided that each such system shall
recognize the rights of BY hereunder.
17. If, during the initial term of this Parking Agreement or any renewal hereof, the
Garage shall be damaged or destroyed by fire or any other casualty or any other cause whatsoever
(a "Casualty") which renders BY incapable of utilizing the Garage, and if the City shall repair and
restore the Garage, this Parking Agreement shall remain in full force and effect except that BY's
obligation to pay the Monthly Fee shall be abated for the period commencing with the date that
BY is incapable of using the Garage as a result of such Casualty and ending on the date that the
Garage shall be reopened for use by BY (the "Abatement Period"). The term of this Parking
Agreement shall not be extended by the length of the Abatement Period. If the Garage shall
remain open in a limited capacity during the Repair Period, this Parking Agreement shall remain
fully operative except that the number of parking spaces licensed hereunder and the Monthly Fee
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shall be reduced in the proportion that the number of parking spaces not available to BV in the
Garage during the Abatement Period bears to the number of spaces licensed to BV prior to the
Casualty. If City shall elect not to repair and restore the Garage after a Casualty as a result of the
Casualty occurring on or after the 25th anniversary hereof and, if BV does not exercise its Option
in accordance with the requirements of the Development Agreement, then, and in such event, this ~
Parking Agreement shall terminate as of the date that BV is totally incapable of using the Garage
as a result of the Casualty and BV shall have no further rights hereunder or under the
Development Agreement.
18. If at any time during the term of this Parking Agreement all or any portion of the
Garage shall be taken by condemnation or eminent domain or a conveyance in lieu thereof (a
"Taking"), City shall have the right to terminate this Parking Agreement without liability to BV,
except as hereinafter set forth. If, in the event of a Taking, the City elects repair, restore or
rebuild the Garage, the City shall have the right to suspend this Parking Agreement for the time
the Garage is being repaired, restored or rebuilt and BV shall not be liable to pay the Monthly Fee
to City during such period, which period shall not extend the term hereof. Upon the Garage being
made available to BV after such repair, restoration or rebuilding, BV shall be obligated to
commence paying the Monthly Fee and other obligations hereunder. If the total number of
parking spaces contained in the Garage after such repair and restoration shall be less than the total
number of parking spaces on the day prior to the date of the Taking, the number of parking spaces
thereafter available to BV pursuant to the terms hereof shall be reduced to the result reached by
multiplying 100 times a fraction, the numerator of which will be the number of parking spaces
contained in the Garage following such repair and restoration and the denominator of which shall
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be the number of parking spaces which were available in the Garage on the day prior to the date
of the Taking. BV waives any and all claims for compensation or any award in connection with
a Taking of the Garage and hereby irrevocably assigns any rights it may have in connection with
same to City.
19. The provisions of paragraphs 6.1(A), 6.2 and 6.3 of the Development Agreement ~
are incorporated herein by reference and made a part hereof.
20. All demands, notices and communications shall be in writing and shall be deemed
to have been duly given if hand-delivered or mailed by registered or certified mail, return receipt
requested, or via Federal Express or other overnight commercial courier service, addressed as
follows:
(a)
If to BV, to:
Mr. Anthony Goldman
Goldman Properties
c/o Park Central Hotel
640 Ocean Drive
Miami Beach, Florida 33139
and at:
103 Greene Street
New York, New York 10012
(b)
If to City, to:
City of Miami Beach
1700 Convention Center Drive
4th Floor
Miami Beach, Florida 33139
Attn: City Manager
and to:
City of Miami Beach
1700 Convention Center Drive
4th Floor
Miami Beach, Florida 33139
Attn: City Attorney
21. If either party hereto commences an action against the other party arising out of or
in connection with this Parking Agreement, the prevailing party shall be entitled to have and
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recover from the other party its reasonable attorneys' fees and costs of suit at all judicial levels
and proceedings, including bankruptcy proceedings.
22. If any provisions, paragraphs, sentences, words or phrases contained in this Parking
Agreement are determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under applicable law, such provisions, paragraphs, sentences, words or phrases ~
shall be deemed modified to the extent necessary in order to conform with such laws or, if not
capable of being modified to conform with such laws, then same shall be deemed severable, and
in either event the remaining terms and provisions of this Parking Agreement shall remain
unmodified and in full force and effect.
23. This Parking Agreement may be executed in any number of duplicate originals and
each such duplicate original shall be deemed to constitute but one and the same instrument.
24. 11ris Parking Agreement shall be construed in accordance with the laws of the State
of Florida.
25. 11ris Parking Agreement may be amended or supplemented from time to time only
in writing by an instrument signed by the parties hereto. This Parking Agreement together with
the Development Agreement contains the entire understanding and agreement of these parties, and
supersedes and incorporates any prior negotiations, understandings and agreements between the
parties. This Parking Agreement shall govern over any inconsistent provisions in the
Development Agreement.
26. This Agreement shall be binding on and inure to the benefit of the parties hereto
and their permitted assigns and successors-in-interest.
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27. No member, official, representative or employee of the City shall be personally
Liable to BV or any successor-in-interest to BV in the event of any default or breach by City or
for any amount which may become due BV or its successor or for any obligations under this
Parking Agreement.
28. No BV User of any parking space in the Garage shall be deemed to be in privity
with the City under this Parking Agreement or to be a third party beneficiary to any rights which
City may have granted to BV hereunder as a result of such BV User receiving parking rights in
the Garage from BV as permitted hereunder.
29. City and BV agree that they will not discriminate upon the basis of race, creed,
color, national origin or sex in the use and designation of the parking spaces in the Garage
licensed hereunder.
30. Capitalized words used herein and not otherwise defined shall have the meanings
assigned to them in the Development Agreement.
IN WITNESS WHEREOF, the parties have caused this Parking Agreement to be
executed as of the date first above written.
CITY :
By:
BV:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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12
~~
~y ~7
GTH\REEDD\447479.1\OS/Z3/96
THE BALLET VALET PARKING
COMPANY, LID., aFloridalirnited partnership
~. 'By: Ballet Valet Corp., a Florida
/ /I corporation, its Sol General Partner
~'1,,-. .<I.+-
\=4 \e.-^O"C\l'Cl J',don
/'1/.n1.:l (~~ By:
13
08/08/97 FRI 12: 26 F.U 3056623816
ROTH & SCHOLL
III 001
EXHIBIT A.
CIT~ or MIAMI BEACH P~OPtRTY:
A p~rc of Lot 1 th~ouqh 6. 1nclusive, Block 34, OC!AN BeACH, FLA., ADDITION No.1,
. !ubdivi~ion recorded in Plat Book 3 at p~ge 11 of the public records of Dade
County, rlorid~; said part described as follows: (Begin P.O.8.1 .t the S.w. corner
of said Lot 6 and r;)n 5.79"12'25" t. a10n9 the So~tb line of Lot 6,45.16 feet;
thenc~ run N.I0"47'3S" E. across Lots 6, 5, 4 and 3, a dist.nce of ~OO.OO feet to
a point on the ~or:h line of Lot Z, said point bainq ~5.16 feet Easterly of the
Southwast corner of said Lot Z; thence run N.2g";5'12" E. a d~.t.ncQ of S2.92 feet
to a po~nt on the North line of Lot Z, sai~ point =e10g 62.50 trom tMe Northweet
cotner ot Lot 2; tlulnce run N.IO"<17':35" e. a cU.~ance 0' 50.00 feet to the North
line of ~ot 1; thence run N.79"lZ'Z5" W. along the No~th line ot Lot 1, 62.50 feet
to the Northwest =orner ot Loc 1: thence 5.10-47'35- W. along che Westerly line of
Block 34, along the Wesl::9rly ::.ne ot Lot. 1 through 6 :.nclusi.",., a dJ.stilnce of
JOO.OO feet ~o the POlnt of aeqinning (P.O.B.).
ArQ3 or City of Miami Beach Proper~l lS 14,848 aquare '.et, more or less or ~.341
acres, more ~r l&ss.
ALSO:
The Horizontal 80undary of . ~art of Lots 1 through 6, inclusive, Block 34, OC~
a~CH, PLA., ADDITION No.1, a subdivision racord~d in ~lat Book J ;at page 11 of
the public .ecord~ or Dade County, ~1o~idil; ~41d pa~t bounded a~ fo:~ows; Bounded
on the East by the easterly 11ne of said Lots 1 chrough 6, inclusi.ve, bounded on
t~e North by th~ Northerly line of Lot 1; bound.d en the South by the Southerly
line of Lot 6; bounded on the We~t by a line desoribed ., follows: Comnenee
(P.O.C.; at the Southwester.l.l corner of Lot 6 and run S.79.12'Z!:l" &:. .lon~ the
SOI.1ther.ly line or Lot 6, ;a distance of 4S.16 teet to thQ Point of Beginning
(?O.B.l of a.UQ line; thence run N.I0"4'1'J5" E. illonlJ a Ilne 45.1~ feet Easterl.,
0' the We.,terly line of Lots 6 through 3, . c1htance of 200.00 reet to t~e
N"r:herly. line o~ referenced Lot 3; thenoe run N.Z9.SS'12" E. acrea. Lot: Z, il
dist.nce ot 52.92 feet t:o the Northerly Ilne of s.id ~ot 2, ,.id point beir.9 62.S0
feet ~rom the Northwest corner of Lot Z; thence run N.:O"47'3S" ~. ilor03S Lot 1,
50.00 teet co a pc~nt on the Nor:h line of Lot 1. 'ilid point beiog 62.50 teet trom
the N.~. corner of Lot 1. a..e ot hrea described contain~ 3q~4re feet, morG or
less, or ilcras, more or le~s.
LESS ANn EXCEPTING THEREfROM:
Air ;:{1uhr~ ~iJ~eml!!nl' I'A"
Air Righcs tor the easterly 13.16 feet of Lot 1 :hrough 6, inel~,iv., Block 34,
OCEAN BEACH, ~A.. ADDITICN No.1, Recorded in Plat Bock 3. at page 11 ot the
~blic RQcords of Dada County, Florida.
The Lowest Ver:ical Boundary of the above descrlbed Air Riqhts
of 40.00 f.et, Nation.l. GaodQ:ic 'lerHeal Datum (N.G.V.D.I,
boundary ~f the saio Ai~ Right' is an ~levation of :nfinity.
Beach owns tho Air Ri;nts from 40.00 !aet to in!i~ity.
is ~t an E:evation
1929. The upper
The City of Miami
Area or ~he B~~e ot the A~r Right' is 2.632 square feet.
ALSO LESS AND gxCEPTl~G rHE~EFRC~:
Air R.i':1h-~ r.~,..~m.nt. If~"
Air ~ight' for a part of Lots 1 through 6, inclusive. Blo~k 34, OCEAN BEAC~, FLA..
ADDITIOn No. 1. ,ecorded in Ph: Book 3, at pilqe 11 of the public rr;tco~~s of Dade
COUTlty, 5'loridv; ~aid part bounced ~, follows: Bounded on Chot s:.sc by a 11ne :3.16
teet Ne~tcrly o( ~hv Easterly line ~f 'aid Lots 1 thtough 6, lnelus~v., bounded on
the North by the Northerly line o~ ~ot 1; bounded on the South by the Southerly
111"9 of l.ot 6; bounded on tl".9 '.iest bv .:I hoe described as follows: COlMlenee
iP.O.C.l ~t thQ South'"ellterly ccrner ~t Lot 6 and =un 5.79012'25" ~. alonq tl".e
SOl.lthet.Ly line of Lot .;, i1 d1.stance of 4~ .16 reu to :l'Ie E'oint of Beginning
;P.O.B.) ef said 1:ne; thence nltl N.l0"47'35" ::. along a line ot 45.16 teet
eilsterly 0' the Nesterly ~i~. ot Lots ~ through 3, ~ di3tanca ot zoo.OC teat to the
~ortherly line of rete:renced Lot 3; chence run tL29.55'12" E. acroSS Lot 2, a
distance of 52.92 feet to the Northe~ly line of said Lot 2, ,aid point be4ng 62.5C
feet ftom the ~orthwest cornec of Lot 2; thence run N.10047'J5'' E. acros, Lot 1,
SO.OO fe-.t to a point or. the North li~e of Lot I, sald point be~ng 6Z.~O feet from
the N.W. corner ot Lot :.
The LoweS: Vertical Boundary ot t~e above descrlbed Ai:r Ri;hts ~5 at an elevation
as ~hown on the adjacent sketch, Nat~ona: Geodetic Vertica: Datum (~.G.V.D.), l329.
The upper boundary of trQ said ~i= R1qhts is iln elav~tion of inf~nity. The City
of Miami, aeilet-. e"'n~ :he Air RiglHs abo\1e the lowest vertieal oounda.ty to infinity.
EXHffiIT liB"
ACKNOWLEDGMENT
With reference to the Acquisition, Construction and Development Agreement for the
Garage Project, at the southwest comer of Collins A venue and 7th Street, Miami Beach, Florida,
among the City of Miami Beach ("City"), the Ballet Valet Parking Company, Ltd. ("BV"), and
McCarthy Brothers Company, dated June 6, 1994 ("Development Agreement"), and the Parking
Agreement to be entered into between BV and the City pursuant to the Development Agreement
(the "Parking Agreement"), the undersigned hereby acknowledges that its right to the use of six
(6) of the parking spaces to be licensed to BV under the Parking Agreement shall be in compliance
with the relevant provisions of the Development Agreement and the Parking Agreement; that all
of the rights of the undersigned with respect to the use of said six (6) parking spaces are
subordinate and inferior to the City's rights under the Parking Agreement and that all rights of the
undersigned to the use of said six (6) Parking Spaces shall terminate upon termination of the
Parking Agreement.
This instrument is executed this ~ day of ;t\J '''t' 1996 in accordance with the
requirements of the Development Agreement and Parking Agreement for the use and benefit of
the City.
~~
. ~fi.J .?-.~~
S nature
l-f (. ~.. IL "" c~)
(print Name)
)Y;e -t.JJ'f? (
-
LEO-JAMES, INC., a Florida corporation
By: \\1
James gesnick, Vice President
~;;;: ~
..J~{ ~e<5
(print Name)
,/
-(::-
GTH\REEDD\447479.1\05/23/96
2
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments personally appeared James Resnick, as Vice
President of LEO-JAMES, INC., a Florida corporation, who is personally known to me, and who
executed the foregoing instrument on behalf of LEO-JAMES, INC., a Florida corporation.
WITNESS my hand and seal in the County and State last aforesaid, this /"11] day of
July , 199'.
J9o/l
ey RODOLFO PEREZ
llIPIaAL 'ot.Iy Public. Stat. 01 Florida
.. IlIAL My Comll.upire. Jail 1, tH'
~ '" ....0 No. CC377050
"
.....4.
GTH\REEDD\447479.1\OS/23/96
tate of Florida at Lar
My Commission Expires:
3
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
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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