Memo of Right of First Refusal
MEMORANDUM OF RIGHT OF FIRST REFUSAL
STATE OF FLORIDA )
)
COUNTY OF DADE )
NOTICE IS HEREBY GIVEN that pursuant to the terms of that certain Acquisition,
Construction and Development Agreement ("Agreement"), executed and delivered on June 6,
1994 between the City of Miami Beach, a Florida municipal corporation ("City") and Ballet Valet
Parking Company, Ltd., a Florida limited partnership ("BV") BV granted to City the right of first
refusal ("Right of First Refusal") to purchase the property described on Exhibit "A" attached
hereto ("BV Property").
The terms and conditions of the Right of First Refusal are set forth in Article X of the
Agreement. The Right of First Refusal must be exercised pursuant to the terms of said Article
X. The term of the Right of First Refusal is for an undetermined number of years.
Capitalized terms used in this Memorandum of Option and not defined herein shall have
the definitions assigned to them in the Agreement.
This Memorandum of Right of First Refusal is executed for purposes of recordation in the
office of the Clerk of the Circuit Court of Dade County, Florida in order to give notice of the
existence of the Right of First Refusal contained in the Agreement, reference to which is hereby
made for any and all purposes.
This Memorandum of Right of First Refusal does not amend, modify or change any of the
terms and provisions to the Agreement and terms and conditions of the Agreement shall prevail,
in the event of any inconsistency, over any statements contained herein.
IN
this L day of
WHEREOF, this Memorandum of Right of First Refusal has been executed
ik ',r ,1997.
By:
Signed, sealed and delivered
in the presence of:
A TIES
GTH\REEDD\447479.1\OS/23/96
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BALLET VALET ,PARKING COMPANY,
LTD., a Florida limited partnership
R.
&
By:
corporation I
By:
The foregoing instrument was acknowledged before me this day of A.JG,. \I ,19~ by
S'6t"MQ0 e.. r::-ELf?JF::Yl _ ,1lDd , officials of the
City of Miami Beach, a Florida municipal corporation on pehalf of said corporation. They are
lnersonally knQWI1 to me) (er ~ ptOduccd) as identification and did not take
an oath.
. <.\ ~ :.' -
~'a, C.~
(Signature of Person Taking
Acknowledgment)
~,., '..
:'..-.:; ..LJ SA ~. D J .xOA)
(Name of Ac:knowledger Typed, Printed or
Stamped)
(Title or Rank)
The foregoing instrument was aclcnowledged before me this ~ day of .A I n / )d~
1996 by R. AN'IBONY GOLDMAN, President ofBa1let Valet Corp., a Florida ~e~
general partner of Ballet Valet Parking Company. Ltd., a Florida limited partnership on behalf
of said corporation acting for said limited partnership. He is (personally known to me) (or has
produced) as identification and did not ~e an oath. p
G', Q)/ I" l 0L({/l ,--j
(Signature f Person Taking
AcknOWledgment)
~Q nG (]
(Name of A or
Stamped)
(Title or Rank)
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2
NANOV ... OUlNN
NcIiary Public, StajQ of New York
No. 31'6002600
Com.su.!!~~ in, New YOlk County
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EXHIBIT A
RETAIL SPACE
A part of Lot 1, Block 34, OCEAN BEACH, FLA., ADDITION No.1, a subdivision
recorded in Plat Book 3 at page 11 of the public records of Dade County,
Florida; said part of Lot 1, recorded in Official Record 16482 at page 0713
of the public records of Dade County, Florida, and described as follows:
Lot 1, less the Westerly 62.50 feet thereof; also less the Easterly 72.68
feet of the Southerly 42.00 feet of Lot 1; also less the Easterly 70.18
feet of the Northerly 8.00 feet of Lot 1; all in Block 34, OCEAN BEACH,
FLA., ADDITION No.1, Recorded in Plat Book 3, at page 11 of the public
records of Dade County, Florida.
The Horizontal boundary of Lot 1, less all excepted parts contains, 261
square feet, more or less.
ALSO:
Lots 2 though 5 inclusive, Block 34, OCEAN BEACH, FLA., ADDITION No.1,
Recorded in Plat Book 3, at page 11 of the public records of Dade County,
Florida.
Less and excepting therefrom that part of Lots 2 through 5 inclusive in
referenced Block 34 and described in Official Record 16396, page 0871 of
the public records of Dade County, Florida and described as follows:
PARCEL 1: That part of Lots 2 through 5 inclusive, Block 34, OCEAN BEACH,
FLA., ADDITION No.1, Recorded in Plat Book 3, at Page 11 of the public
records of Dade County, Florida. Part of Lots 2 though 5: Bounded on the
West by the Westerly line of said Lots 2 through 5, bound on the North by
the Northerly line of Lot 2; bounded on the South by the Southerly line of
Lot 5; bounded on the East by a line described as follows: Commence
(P.O.C.) at the Southwest corner of said Lot 5 and run S.79012'25" E. along
the Southerly line of Lot 5, a distance of 45.16 feet to the Point of
Beginning of the referenced Easterly line, thence run N. 10047'35" E. along
a line parallel with and 45.16 feet Easterly of the Westerly line of Lots
5 through 3 inclusive, a distance of 150.00 feet; thence run N. 29055'12"
E. across Lot 2, a distance of 52.92 feet to the Northerly line of Lot 5,
said point being 62.50 feet Easterly of the Northwest corner of Lot 5.
Area described contains 9465.5 square feet.
ALSO:
Lot 6, Block 34, OCEAN BEACH, FLA., ADDITION No.1, Recorded in Plat Book
3, at page 11 of the public records of Dade County, Florida, less and
excepting that part of said Lot 6, described in Official Record 16396, page
0874 of the public records of Dade County, Florida, as follows:
PARCEL 1:
The Westerly 45.16 feet of Lot 6, Block 34, OCEAN BEACH, FLA., ADDITION No.
1, Recorded in Plat Book 3, at page 11 of the public records of Dade
County, Florida contains 2108 square feet.
Lot 6 less excepted part contains 4,892 square feet, more or less.