Maintenance Agreement
MA:t1r.t'lmANCE AGREEKEN'l'
THI:S MADrI'ENANCE AGREEMENT (the "Maintenance Agreement") is
made by and be~een the city of Miami Beach, a Florida municipal
corporation (the "City") and The Ballet Valet Parking compa,n;rf"
Ltd., a~F~~rida limited partnership ("BV") and is dated this ~'L
d.ay of (/'" t., 1.997.
B!gI~AIt!!:
WB:EREAS, BY owns the property legally' described en E~ibit "An
attached hereto and made a part hereof (the "Retail space").
WlIERBAS, the City owns the property legally described on
Emi:bit. "B" att.ached hereto and made a . part hereof (the "Garage").
1i1IEREAS, simUltaneously herewith, the City and 13V are entering
into a lease where~f ~~e city will lease to BV the land and the
imp=ovemQn~ under t.he ra:p of the Garage (the ItR~ space") as
more particularly deli..,eated on Exhi:bit "en attached hereto a..,d
:lIlada a part hereof.
~,~, tbe City and BV have entered into an Acquisition,
Construction and Develop1tlent Agreement dated June 6, 1994 (the
"Agreement"), for the construction and development ot the Garage
and the Retail space contiguous thereto (collectively, the
"Project").
WBmtas, in order to clarify the reS:'CQcti va 1l1aintenanc:e
responsibilities of the city and BV under -the Agreement with
respect to the Garage, the Retail Space and the Ramp Space, the
parties have entered into this Agreement.
wmmEAS, the City and BV recognize that Que to the eontiquity
of the Garage and the Retail Space and the faot that certain
support systems of the Garage may run through the Retail space,
certain o~ the respective maintenance- functions and
responsibilities will overlap.
NOW, 'I'HEREFORE, in consideration of the mutual covenants
herein contained and for other goed and valuable oonsiderations,
the receipt and sUfficiency of which are hereby acknowledged, the
undersigned, intending to be lec;a~ly bound, do hereby covenant and
aqree a:S follows:
1. Secitals~ Each ~,d all of the foregoing recitations are
true and correct and are incorporated herein by reference and made
a part hereof.
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2. M;iiJintenance Res'Donsibility. The City, at i'ts sole co~t and
expense, shall be responsible for all nCnlal 1laintenance to
(includinq, but not limited to the oleaning and painting thereof)
and all repairs and replacements t.o the Garaqe, which shall be
furnished at such times, in such manner, and to auCh extent as is
reasonably required to maintain the Garage in good order and
condition and in a manner benefitting a first. class retail/garaqe
building in Miami Beach, Florida. BV a1: its sole coat: and expense,
shall be responsible for all normal maintenance to (includ1nq,. wt
not limited to the cleaniI19' and painting thereof) and all repairs
and rlaplacements to the Retail Space and Ramp Space, which shall be
furnished at such times, in such manner, and t.o such extent as is
reasonably required to maintai;1 the Retail Space and Ramp Space in
good order and condition and in a manner benefitting a first class
retail/garage building in Miami Beach, Florida. All maintenance and
repair work shall be accomplished with cliligence and continuity so
as not to interrupt or Curtail the use of the Garage, the Retail
Space or thQ Rcunp Space. The Garaqe, the Retail Space, the Ralnp
Space and all. improvements, parkinq areas , driveways, sidewalks,
u'tili ty facili ties, signs and landscaping thereon shall at all
times ~e maintained and repaired by the City and/or BV,
respectively, so as to keep same in a neat, clean and sanitary
condition, in good order and repair and in accord with all
governmental requirements and regulations. The responsibilities of
the City for the Garage and of BV for the Retail. Space and the RaJD.p
Space shall include the maintenance and care of all interior and
exterior surfaces of the buildings, the patching, repairing and
striping of a.ll parking areas and dr.iveways, and the lIlaintenance,
trimming, watering and replacement of all grass, trees, shrubs and
other landscaping thereon. A detailed schedule of the required
maintenance is attached hereto and made a part hereor as Exhibit
"0".
The City and BV acknowledCIe and agree tha~, due to the
contiqui ty of the Retail Space and the Garage and. 'the tact that
certain support systems of 'the Garage run through the Retail space,
certain costs and responsibilities cannot be attributed solely to
the Garage or the Retail Space. The City and BV aeknowJ.edge tha.t
these mutual support systems inclUde, but are no1: limited. to,
essential structural support elements, pump systems for flood water
control, fire stand pipes, public fire exits and fire control
systems, gas, electric, telephone, wel't:er, sewer, wast.e water, s~or:m.
water, drainage and other utility lines, pipes, conciuits and
aystems, elevator apparatus and elevator banks, mechanical elevator
:machinery, water, electrical ana other utility rooms, including
meters and meter rooms, heatin9, ventilatinq and air-eoncli -cioning
systems, machinery and equipment, electrical, plumbing and
:mechanical systems pertaining to and needed now and in the future
to support the use and operate the Garage. To the extent. that any
of the foregoing are physically located within the Retail Space or
1:he Ramp Space, BV shall be responsible for their maintenance
and/or repair, the cost of Which will be divided equally between
the City and BV. The City agrees to reimburse BV for the cit.y's
portion of such costs within fortY-five days after receipt by. t.he
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City from BV of such invoices and ether supporting' documentatiC')n as
will reasonably confirm the maintenance/repair work that has been
done and the cost thereo~.
3. Disl'ute. In the event that the city and BV cannot agree on
which party is responsible tor the maintenance and/or repair of
certain portions of the Project, the City will make such
determination and will notify BV of same in wri tinq. Tha existence
of a dispute between the City and BV over maintenance
responsibility shall not relieve either party of performing such
maintencnce or repairs in accordance with the determination made by
the City, unless such determination is changed by: (i) mutual
agreement of the parties, (ii) a final court order of a court of
competent juriSdiction, or DY (iii) Arbitration (in the manner
hereinafter set forth). If BV fails to contest the City' s
det.ermination by commencing an Arbitration proceeding wi thin thirty
PO) days after BV's receipt in writing of the City'S
determination, then BV shall be deemed to have accepted the cit.y's
determination of maint.enance responsibility. It BV timely files an
Arbitration proceeding to contost the citY'g determination, BV
shall only be en'ti tIed to reiDbursement froll1 the City for the costs
of performing the disputed work after the repair/maintenance work
has been completed.
4. Arbitration. J:f BV taely contests the city'S determinat.ion
of ll1aintenance/repair responsibility, the controversy shall be
settled by Arbitration in accordanoe with the commercial
Arbitration Ru~es of the American Arbitration Association, and the
Arbitration award Shall be final and binding upon the parties
hereto and sUbj act to no appeal. The Arbitration award Shall deal
with the question of the costs of Arbitration and all matters
related thrareto. In that regard, the City and BV shall mutually
select one ar~itrator, but to the extent the parties cannot agree
upon the arbitrator, then the American Arbitration Association
shall appoint one. Judgment upon the Arbitration award rendered may
be entered into any court having juriSdiction or application may be
made to. such court for an order of enforcement..
s. N.otices. All notices, certiricates or other communications
hereunder sha~~ be written and shall be deemed given when mailed by
certified mail, addressed as fo11aws:
(a) If to BV, to:
Kr. Anthony Goldman
Goldman Properties
c/~ Park Central Hotel
640 Ocean Drive
Miami Beach, Florida 331.39
and at:
1.03 Greene Street
New York, New York 10012
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(b) If to City, to:
City of Miami Beach
1700 Convention Center Drive
4th Floor
Miami Beach, Florida 33139
Attention: Mr. Roger Carlton, City Manager
City of Kiami Beach
1700 Convention Center Drive
4th Floor
Kiami. Beach, Florida 33139
Attention: , city
Attorney
The City ond BV may, by wri'tten notice qi yen hereunder,
designate any further or different addresses, which subsequent.
notice of change of address shall be effective only when received
by each other party hereto.
and t.os
~
6. ~greement. Binding Upon Parties and SUccessors. This
Maintenance Agreement. shall inure to the benefit of and shall be
binCling upon the City and BV and tbQir respect! ve successors and
assiqns.All notices, certificates or other communica.tions hereunder
ahall be written and shall :be deemed 9i ven when mailed by certified
mail, addressed as follows:
(a) If to BV, to:
and at:
Mr. Anthony Goldman
Goldman Properties
c/o Park Cemral Hotel
640 Ocean Drive
Miam. Beach, Florida 3313g
103 Greene Street
New York, New York 10012
(b) If to City, to:
city or Kiami Beacb
1700 convention Center Drive
4th Floor
Miami Beach, Florida 331.39
Attention: Mr. Roger carlton, City manager
and 1:0:
Cit:y of lIliami Beach
1.700 COnvention center Drive
4th Floor
Kiami. BeaCh, Florida 33139
Attention: , City
Attorney
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7. Kodification or Amendment. No m.odification or amendment of
this Maintenance Agreement may be made except by written agt'aUlent
only, executed by bot:h of the parties hereto. .
8. Counternarts. This Maintenance Agreement may be executed in
several count.erparts, each of which Shall be an original and all of
which shall consti t.ute but. onQ and the s8lIle instrument.
9. ~overnina La~.
construed and enforced
Florida. Any litiqation
County, Florida.
This Maintenanoe Agreement shall be
according to the laws of the st.ate of
arisin~ herefrom shall be filed in Dade
'.
IN WITNESS WHEREOF, the undersignQd has duly executed this
Agreement as of the day and year first above written.
Signed, sealed and delivered
in the presence of:
-Robert
By:
The Ballet Valet. Parkinq
Company, Ltd., a F10rida
limited partnership
By:
The Ballet Valet corp.,
a Florida co poration,
its sole ge eral
partner
By:
APPROVED AS TO
FORM & lANGUAGE
& FOR exeCUTION
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STATE OF FLORIDA.
COtINTY OF DADE
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The foregoinq instrument was acknowleaged before me this J I
day Of~~ ' 1.997, bysen,hP, '7' Dee, the Mayor o~ City ot MiiiiiI
Beach F.lor da, a Florida municJ.pal corporation. ~rR "~l.8.~e is
personally known to me or producd - as cien'tl.f1ca~ion
and who ~id;/~i<l\'nQ,t. :,'t~f;.evan',\<Q.~.;n.
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[Notary seal)
STATE OF F\..<l1.\O<l
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COUNTY OF 00..0 It'
The foregoing instrument was ac:knowledc;ed before me this 2.:.....
day of fk4Jt-r-, 1997, by R. Anthony Goldman, the . President of . The
Ballet Va.let: Corp., a Florida corporation, the sole general partner
of The Ballet Valet. Parking Company, Ltd., a Florida limit~d
partnership, on behalf of the said limited partnership. :R. Anthony
Goldma.n is ~ersonally known t.o me or produced /lI1/'Y as
identificat10n and who did/did not take. an" oath.
My C~mmission Expires:
/'
Notary Seal]
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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.
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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.
08/08/97 FRI 12:40 FAX 3056623816
ROTH & SCHOLL
tal 0('1
EXHIsn s
CrTY OF HIAMI BEACH P~O~tRTY:
A part of Lot 1 thtough 6, inclusIve, Block 34, OCEAN 8E~CH, FLA., ADDITION No.1,
It subdivision reco:tded in Plat Book) at pilIJ- 11 of the public records of Dad.
County, Florida; said ~rt described as follows: (Segin P.O.B.) ~t the S.N. corner
of ..id Lot 6 and run 3.79-12'25" E. alo"g the South lino of Lot 6, 4~.l6 feet;
thancQ run N.l0.47'3~" E. across Lots 6, 5, 4 ar.d 3, a distance of 200.00 f~et to
a point on the North line of Lot 2, said point being 45.1G feet Easterly of the
Southwest corner of said Lot 2; thence run N.Z9-S5'12" €. . distance of 52.92 feet
to a point on the North line of Lot 2, said point bainQ 62.50 frQm tne Korthwest
corner of Lot 2; thencQ run N.I0-47'35" &. a d1stance ot 50.00 f_ot to ehe North
11n. of Lot 1; ~I\.nc. run N.79-12'25" W. ~lol\CJ the North line of Lot 1, 02.50 teet
to th. Northwest corner of Lot 1; thence S.lO.1i'3~" W. along th~ WQat.rly line ot
Block 34, alon~ the We,terly l~ne of Lot' 1 through 6 incl~sive, ~ distance ot
300.00 ~eet to the Point of ae9inning (P.O.B.l.
Are~ ot City of Miami Beach ~rop.rty is 14,848 squar~ fQ9t, morQ or 1... or 0.341
acres, more or les,.
ALSO:
The ~otizontal 80undary or a p.rt of Lots 1 through 6, inclusive, Block 34. OCEAN
BEACH, FLA., ADDITION NO.1, a subdivision recorded in Plat Book 3 .t p.g. 11 of
the public reco=ds of Dade County, :lorlda; said part hounded as tollows: Bounded
on the Saat by the Easterly line of said Lots 1 throu9h 6, inclu,ive, bounded on
the North oy the Northerly line of Lot 1; bounded on the South by the Southerly
line of Lot 6; boundlKl on the Hest by . line described as tollows: COllDllenc;:e
(P.O.C.) at tn.. South",e,ter:ly corner ot Lot' and :tlln S.19"lZ'2S" E. along the
Southerly line of Lot 6, a di.Unce of 45.16 tG.t to the Point of B.<Jinr.ing
(P.O.B.} of said 1."el thence run N.I0"41'35. B. a10n9 . line 45.16 feet ~asterly
of the West.rly line of tro':/I 6 through 3, a dist/lnce of 200. JO feet to the
No-rtherly line of refarltneed Lot .3; thence run N.29"55'12" t. across Lot 2, a
distance of ~Z.92 feet to the Northerly lIne ot said Lot Z, said point being 62.50
f.et from eh. NQrthwest corner ot Lot 2; thence run N.10"4;'35P ~. actoss Lot 1,
50.JO tQet to . point on the North l~ne of Lot 1, said point b.ing 62.~0 :eet from
tne N.W. corner of Lot 1. Sa~e of Area described contains 5qu3r~ f.et, more or
less, or acre~, more or less.
LESS AND EXCEPTING rH8REFROM;
Air Ri(Jht~ R.1~fm\fItnt. "A"
Air Ri9hts tor the ~st.rly 13.1~ teet of Lot 1 throuqh 6, incluaive, Block 3~,
OCEAN Bt:":AC!f, I!"!.A., ADDITION No.1, Recorded in Plat Book J, at page 11 of the
Public Records of D!d~ County, Florida.
The ~ow.st Vert~cal Boundary ot the abo~e describod Air Rights
of 40.00 feet, Nat;i.onal Geodetlc '1ertled Datum (N.G.V.D.),
boundary of the said Air Rights is an Elevation of infinity.
Bea~h owns thw Air Riqht:s frem 40.00 feet to ~nflnlty.
is at an Elevat~on
192~. The upper
The City of M~aml
Area of the ease ot the Air Rights l' 2,E3~ square feet.
AL3~ :'Es:; /\NO r::xCe;PTINC;; THEREFROM:
Ai.r Ri.IJht~ P.a:!l"l!I~nt "8"
Air Rl~ht~ for a pert of Lots 1 through 6, inclusive, aloek 34, OCEA~ BEACH, FLA.,
AOOr~!ON No.1, Recorded in Plat Book ), at page 11 of the public record. of O.de
Co~nty, rlorida; ,aid part bounded a, follows: Bounded on the East by a 11ne 13.16
feet Westerly ot the eas:erly line of saiQ ~t, 1 thcoygh 6, inclusive, bounded on
the North by :h$ ~orth.rly line of Lot 1; bounded on the South by tho Southerly
line of Lot 6; bounde~ on the We,t :'y ;I lille desctibed a, follows: Comm..ncliI
(l".O.C.} 3t the Southwesterly corrler of Lot 6 and run S.7golZ'B" 5:. along the
sout::nerly line ot! Lot 6, a d..stance ot 45.16 feet to the Point of 8eginning
(l?::l.8.) oJ! said 11ne; thence run N.l0'17'35" E. along a line ot 45.16 feet
Easterly of thot Westerly line of Lots 6 throuqh 3, a distance of :200.00 feet to the
No.ctherly li.n. of refereneea. T..ot :3; thence run t'f.29.SS'12" E. acro" Lot 2, a
dis:anc~ of 52.92 tQat to the Nort::herly line of said Lot 2, ,aid point b01ng 62.50
f..t from the Northw.mt corn.r o~ Lot 2; thence run ~.lO-47'35" E. acro.. Lot 1,
50.00 feet to a po~nt on the North :ine of Lot 1, 5aid point bein9 6Z.~O teet trom
the N.W. corner ot Lot 1.
Th. Lowe,t Ver~i~al Boundary of the above descr1bed A~r R19hts 15 ~t an ltlevat10n
as shown on \:'Ie ildj.cl!n~ ~ketch, National Geodetic Vertical Datu/II (N.G.V.D.), 1929.
The ~pper bQunda~y of :he said Air ~ights 1~ an .levat~on of intini;~. The City
of M:arni ~lIch own:. thl!t Air Rights .bove the lowe,t lTert:cal boundary to infinity.
I
EXHIBI!T C
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EXHIBIT D-1
6TH &: COLLINS AVENUE PARKING GARAGE
ANNUAL LANDSCAPE MAINTENANCE SPECIPICATIONS
1. GENERAL
1.01 Scope of Work
.&.
A. The work specified in this section and in the
SCHEDULE OF MAINTENANCE enclosed herein, consists of
furnishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials,
services and incidentals necessary to provide
complete landscape maintenance services for all
planters fronting the garage, and the street trees
along Collins Avenue.
3. The work shall include, lit~er pick-up, weeding,
pruning and fertilizing, pest and disease control,
watering and irrigation system repair and
maintenance, and replacement of plants as required.
C. The work shall also include Traffic Control as
described herein.
1.02 Oualitv Assurance
A. The Contractor's Superintendent shall and be well
versed in Florida maintenance operations and
procedures. All employees shall be competent and
skilled in their particular job in order to insure
that they properly perform the work assigned.
1. 03
Time of Commencement and Duration of Maintenance
Period
A. The maintenance period shall begin on ~._, \- eiL
and continue for --e. n~inimuFR p~.'": ':'ud ~f . cia)'!5 .
it kr "'" <1 \.It,. \ \ 't<.t~ 'h
Definition of Owner l
1. 04
A. The Owner as referred to in this specification is
the City of Miami Beach Off-Street Parking
Authority.
PAGE 1 OF 10
1.05 Reolacement of Plants
A. If plants are not in a healthy growing condition,
dying or dead, then the Contractor shall replace the
plant(s) as directed by the Owner.
B. The size of the replacement plant shall equal the
height of the one being replaced. If excavation of
soil to install the new plant will cause damage to
adjacent plants, then a smaller size can be used, as
determined by the Owner.
~
C. Replacements shall be provided and installed on a
unit cost basis, at the schedule of rates enclosed
in the Contract.
D. IF ANY PLANTS ARE Dk~GED TO REDUCE THEIR HEALTH AND
QUALITY BELOW THAT AS DEFINED AS FLORIDA #1, OR ARE
KILLED AS A RESULT OF NEGLIGENCE BY THE CONTRACTOR,
THEN THE CONTRACTOR SHALL BE RESPONSIBLE TO REPLACE
SUCH PLANTS AT HIS EXPENSE.
1.06 Reolacement of Irrigation System Parts
A. The Contractor shall repair or replace any parts of
the irrigation system that are not functioning
properly on a unit costs basis, at the scheduled
rates enclosed in the Contract, after approval of
the replacement by the Owner.
1. The Contractor is responsible to notify the Owner
immediately upon discovery of any deficiencies in
the irrigation system operations. Failure to do
so, and failure to perform regular maintenance of
the system, that causes plants to die or fall
below Florida #1 standards, will be grounds to
required plant replacement by the Contractor at
no cost to the Client.
2. If the Owner fails to approve replacement in a
timely manner, and plant material dies or falls
below Florida No. 1 standards as a direct result
of lack of water, then the Contractor shall not
be held responsible for replacement of plants.
PAGE 2 OF 10
B. Submit on an as needed basis, a schedule of spraying
and dusting materials to be used to control pests
and disease infestation, the reason for their use
and the method to be used to apply the materials and
the method of application before it is delivered and
used on the project. Also, if requested by the
Owner, furnish documentation that the implementation
of these control measures for pests and disease
infestation is in strict compliance with all federal
and local regulations.
~
1.07 Substitutions
A. When the specified type, grade, quality, size,
quantity, etc. of a material is not available, the
Contractor shall submit a written request, to the
Owner of a substitution along with written,
documented proof that the specified type, grade,
quality, size, quantity, etc. of a material is not
available, the Owner shall approve all substitutions
before they are delivered and installed. DO NOT
DELI"VER AND INSTALL ANY MATERIAL, WHICH IS
ANTICIPATED TO BE A SUBSTITUTE, BEFORE IT F~ BEEN
SUBMITTED IN WRITING .~ APPROv~D AS A SUBSTITUTE.
ALSO, ANY CHANGES, IF ANY, TO THE CONTRACT AMOUNT
BECAUSE OF AN APPROVED SUBSTITUTE, SHALL BE
ESTABLISHED IN WRITING BETWEEN THE OWNER AND THE
CONTRACTOR BEFORE THE MATERIAL SUBSTITUTE IS
DELIVERED AND INSTALLED ON THE PROJECT.
1.08 Safetv.QIl and off the Job Site
A. In performing the scope of work, all safety on or
off the job site shall be the sole responsibility of
the Contractor. The Owner shall not be responsible
for safety on or of the job site. The Owner's on-
site observations or inspections shall be only for
the purpose of verifying that Plans and
Specifications are being implemented properly. The
Engineer'S on-site obserEations or inspections are
not for safety on or off the job site.
PAGE 3 OF 10
B. Traffic Safety Control - The Contractor shall at his
cost, observe all safety regulation; including
placing and display of safety devices, provisions of
police to control traffic, etc. as may be necessary
in order to conduct the public through the project
area in accordance with F.D.O.T. 's "Manual on
Traffic Controls and Safe Practices for Street
Highway Construction, Maintenance and Utility
Operations." Traffic Control requirements during
the maintenance period shall be equivalent to the
Traffic Control requirements during planting.
4
2. MATERIALS
2.01 Materials
A. All replacement material, plants, soil, mulch,
irrigation parts and equipment, etc. shall be the
same as ehat originally specified. Plant sizes
shall be as specified in 1.05 B of this
specification.
3. 2ertilizer shall be of the type specified in 3.04,
C (2) of this Specification.
C. Insecticides & Funqicides shall be only those which
are approved or recommended for use by the
manufacturer for the specific controls necessary,
and those specified in the SCHEDULE OF MAINTENANCE
Only the Federal Environmental Protection Agency
(EPA) approved produces shall be used.
3. EXECUTION
3.01 Litter Pick-Uo
A. As specified ~n the SCHEDULE OF MAINTENANCE, pick up
and remove from site, including the adjacent alley,
sidewalks, and parking garage interior floors and
planters, all litter, leaf and landscape from
landscape areas. Also remove any paper, trash, etc.
from the planters.
PAGE 4 OF 10
B. Do not remove litter from plant beds in such a way
that will damage the plants.
c. Sweep litter and leaf drop, from paved areas. Do
not sweep into catch basins.
3.02 Weeding
~
A. Weed Control in Plantina Beds
At each visit, remove weeds from shrub a~d
groundcover beds by hand-oullina, removi~g roots as
well as the vegetative tops. Do not remove weeds by
hoeing or other mechanical means which will disturb
shrub roots.
3,~
A. The shrub masses in the planters shall be pruned as
necessary from the outside of the building to keep
the leaf mass from growing more than three (3) feet
beyond the outside edge of the buildings' decorative
screen. The individual groupings of species in the
planters shall be pruned vertically to conform as
much as possible to the flowing lines of the
decora::i ve screen pac tern. A....'1.y branches '3'rouping
into the garage interior shall be cut. Remove dead
or weak branches, but DO NOT THIN the mass. The
intent is to create a dense continuous plant mass
covering the entire face of the garage. SUCH
PRUNING SHALL BE DONE ON AN AS NEEDED BASIS TO KEEP
THE PLANTS IN A NEAT, TRIMMED CONDITION, WITH NO
LESS TdAN TWO (2) PRUNINGS PER YEAR, SPACED ABOUT
SIX (6) MONTHS APART. The contractor shall remove
all clippings each day of pruning, leaving nothing
overnight. Prune only as necessary to remove dead
or weak branches, crossing branches and suckers, and
to maintain the desired heights and widths of
plants.
B. Remove dead and dying palm fronds that fall to the
ground immediately and those hanging from the frond
boot at least six (6) times yearly, with each
pruning about two (2) months apart.
PAGE 5 OF 10
~;THE CONTRACTOR IS RESPONSIBLE TO RENT, LEASE, OR
" PURCHASE A BUCKET LIFT CAPABLE OF REACHING ALL PARTS
OF THE LANDSCAPING TO DO THE PRUNING OF THE
BUILDING.
3.04 Fertilizina
.l
A. Fertilizer shall be applied at the times of the year
specified in the SCHEDULE OF ~~INTSN&~CE. It shall
be dry and free-flowing when applied. Fertilizer
that had been wetted or is lumpy in texture shall
not be used. Fertilizer bags or containers shall
have Florida Department of Agriculture certification
and tags affixed.
B. Prior to fertilizing, thoroughly water all plants at
least one day earlier and no more than 2 - 3 days
before fertilizing.
C. Method of Apolication
1. Fertilizer for Washinatonia Palms sha11 be placed
by' Root:. Injectfon"Feeding.
2~ Planters shall be fertilized with a root drench
of LESCO 20-20-20 MacroN Soluble Fertilizer or
approved equal, at the manufacturer's recommended
rates and in the case of the granular fertilizer,
LESCO Biochoice 10-2-2 all organic fertilizer,
broadcast the fertilizer on the surface in the
amounts recommended by the manufacturer. Apply
this carefully pushing aside leaf mass, to place
fertilizer directly on the soil, and avoiding
contact with leaves. CARE SHALL BE EXERCISED TO
AVOID CONTACT OF FERTILIZERS WITH CARS.
D. Water lightly using hoses connected to hose bibs
provided with the sprinkler system immed~ately after
fertilizing to wash fertilizer off leaves and grass
blades, to avoid burning.
E. Special Micro-Nutrient Fertilizer Applications: If
nutritional deficiencies occur despite the regularly
PAGE 6 OF 10
specified fertilizer applications, the Contractor
shall apply as required in amounts and frequency
recommended by the local County Agricultural
Extension office, micro-nutrients, either thru root-
zone feeding or foliar spray, whichever is deemed to
be most effective. Apply foliar sprays on a calm
day, and wash any spray off of pavements, cars, and ~
building immediately after spraying. Use a
surfactant or spreader-sticker in the spray to
improve adherence and intake of the nutrients to the
leaves.
3.05 Insect and Disease Control
A. Check for infestations during each service cycle.
Contractor shall apply all insecticides as needed,
for complete control of pests and diseases. The
materials and methods shall be in accordance with
highest standard horticultural practices and as
recommended by the County Agent, and approved by the
Owner, prior to implementation.
3. When a chemical is being applied, the person using
it shall have in their possession all labeling
associated with the chemical. Also, the chemical
shall be applied as indicated on the said labeling.
A specimen label and the Material Safety Data Sheet
for each product shall be supplied to FDOT.
C. All insecticides shall be applied by an operator
licensed pursuant to Chapter 487 of the Florida
Statues. The operator shall have the
license/certifi~ation in his or her possession when
insecticides are being applied. The implementation
of control measures for pests and disease
infestations shall be in strict compliance with all
federal and local regulations. Upon request, the
Contractor shall furnish documentation of such
compliance.
D. The spraying of insecticides and other such
chemicals are to be confined to the individual
planc. Spraying techniques which may introduce the
PAGE 7 OF 9
material being sprayed beyond the immediate area of
the individual plant, is strictly prohibited.
E. Spray or dust material on foliage only during calm
days. Do not apply when leaves are wet, when rain
is expected within 3 - 4 hours after spraying, or
when temperatures exceed 88 degrees Fahrenheit.
Spray at times when the traffic is lightest (i.e.
early mornings on weekends). Use a spreader-sticker
to aid in adherence and absorption of the material.
Wash material off of pavements and buildings
immediately after applying.
~
F. Preventative treatments shall be done only as
specified in the SCHEDULE OF MAINTENANCE.
3.06 Irriqation and Waterinq of Plants
A. Insoect the irrigation system at each service cycle
to ascertain if there are any broken "Wethose",
pipes, fittings, etc. Visually check plant material
to see if there is any deterioration of quality and
growth due to lack of water.
B. Reoair ~ reol~ce any damaged portions of the
irrigation system immediately upon discovery of
problems during inspection or when reported by the
Department.
1. Use extreme caution during repairs to prevent
damage to plant material.
C. Waterina during periods when the irrigation system
is not operational, either due to breakdown of the
system, or an extended electric power failure, shall
be the responsibility of the Contractor.
1. Supply of water suitable for irrigation shall be
the Owner's responsibility. Distribution of the
water to the plants shall be the responsibility
of the Contractor. He shall use hand watering,
water trucks, portable pumps, etc. as required to
distribute the water.
PAGE 8 OF 10
2. Apply water in quantities and at intervals
necessary to maintain the plants in a healthy
growing condition.
D. Ad;ustments to the waterinq schedule of the
irrigation controller shall be made by the
Contractor to relate to seasonal rainfall, cold
spells, periods of drought, etc. to maintain the
proper amount of water to the plants vet minimize
water consumption.
~
E. FLUSH THE ENTIRE WETHOSE SYSTEM THROUGH THE
INJECTION PORT WITH AN APPROVED LIQUID FLUSHING
MATERIAL WHICH IS FORMULATED TO DISSOLVE FUNGUS,
CALCIUM AND RUST BUILD-UP ONCE YEARLY, UTILIZING A
MINIMUM Qf lQ GALLONS OF FLUSHING MATERIAL.
PAGE 9 OF 10
s: PG.spc
r:3/97
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6TH AND COLLINS AVENtTE PARXING GARAGE
trNJ:T COST PLANT &: :IRR:IGAT:ION REPLACEMENT SCHEDULE
:ITEM
tJN:IT COST
up to 3' tall 4'-6' tall 6'-8 tall
.l
PLANTS
Clusia
guttifera
Conocarpus erectus
serecius
Scaevola
fruitescents
IRRIGATION PARTS (incl. installation)
Wethose Pipe
(per lin ft)
EXHIBIT D-2
DESMAN
& 5 1I (.) t: I & T It fI
Pr~eCl:
7TH Ie COLLINS GARAGE
Miami Beach, Florida
March l.t&
PARKING FACIUTY MAINTENANCE. SCHEDt1L8
fUNCTION 1'"RJ~t mNC;Y
Ocani", .l
J.
Il. Phwcr .weeping all Ooors I Ja.ily
b. Wuhing all ODor. , Monthly
C".. Truh piC'.k-up (cm..jl.(~ &t in r:'l.r.ililY) D:liJ,.
d. EmllLY Lrash mr:~J"'LaclC!5 O..il"
c. EI~YMrnr . l:oaCKn" walla, n::jfjngs) d~Jul'I, LnU:k1l Doily
f. St&i~ - f'1nnrw. hllftdrails Daily
g. ^J1 81'" inf'Judinc window WIlli. Ie door framr.1 M pnchly
h. Clr.anine (If glaD in hiihlY-Inl~ltd arrl. V!~Jy.
I. n~-greu.ing of flOOR using hiCh-pJUSurt! water Scmj.:a.nn~aJl)' ,
J. Cd"tcnIl n.-muval uf c:ubwcl.., illre"'Jltiun~, n~t.. ..ie. \-We~y --'
k. R.emoval of all gram Li Daily
1. T()iJ~t. fi::llIYrn. elc:. Da.ily
m. t.:alhier boow OliO)'
2. 1),_1r.l t!lt Hardwarr
Ii.
u.
RtMcw dour s:lc.r.rll, lucking Wond Jiatc:hintc ~vicc.
LulJriQle uvcrh~ld duuf'll
Wc:c.lcJy
Scmi.a&TV1uaJJy
:4. EIt:Ctrical Sy.em
a.
b.
Ch~d, lilht fiJilure at r.zpn~ r:nnduir
R.e-Iamp IiBhtin. fDUW"r'.I ~ have burraed-{)Ut bulba.
Replace any (1W1lY b""luII
Olcdc iDuminaud Emergency and 1-~ I ai,,,.
Chec:k iDuminated diJ"C!C"~ionaJ si,nall:
QhcQ diaeril;,,,tion pAnel.. .witch,C':aLf', etc-
· ,.ui~ ru, -f p",;,.';t: ,.I__ma Q.1ItI",tt
W et'Jdy
Weekly
M onl.J.ly
Daily
Oaily
Semi-tinnuaJly
c.
d.
c.
c.
,. Sc:curily MoniLoring Sy,k..'1'n
L
b.
c..
') 'ctl odl lI.\kIiu cu,nruJ l.au.xCl &1t .~~cr humll
IrupcC4 all 0C'l"V cameral
F.lc\la.lOr eab ec.mmllnic.a.t.iorli and alarms
Dllil y
Daily
Dail )'
P"&f:'
-
DESMAN
. . . n r. I AT. .
'P"'!icd.:
5.
'7J'H . COu..INS GAlU.CE
Miand __ch, florid.
Mardi 19t&
PARKING FACIUTY MAlN"I'ENANCE. SCHEDVI..E (r.onun"'af)
F1JNCTJON
EJr.yatDJ"S
FR r..q UJo:JloJCY
~
a.
Check indiC"~tor lights
Checli cab pNld$
~~cd cmcre;c:ne;y lIfltem
F.Ieva.JOr mui"!~na"ce
Oc:an all V'a~ka
Weekly
Weekly
Dllily
M.inLCnl4m.:c CClnl:r'iiCl
Daily
b.
c.
d.
~.
G. Meatint Venula&ion .. Air- Conditioni",
a.
b.
(;.
ChrC"A (ur prufJe:r ')pr.-ratinn
CJea" f'illCrI
1..ubrica.rc
~Onlh'y
~:r."&aly
A. ~r m~"UrUlun:r',
recornmend:.lbons
,. Lancbc:apin.:
8. . 1'0llntin.
c.
a.
b.
Co
I..andllt"..ping m:t.Lc;ri~,IK
Weeding
'l'riWJ rcmo";u
I .andscapins Cc.nLF1LCt
Landlcapinr ContnlQ
Daily
a.
b.
JnlpCt'l aD IJainLed aurfaca
~ A rr:-paJnt all painted
wn&CZI requiring lOucl)~p
Re-stripc all J.llI1'king stall.
Scmi..aMually
~yr.ry 2 )'t'1'n
Scmi.annuall~
9. Ph,unbinl: Syllr.zn
...
b.
c.
d.-
e.
f.
If.
h.
C,r.dc WMhdown J)'fLcm
a,~ drain.
(.:lean I:. rernuw: ..if from ",anhoJc:s
Chr.rJc 1iJ"C pNU:Clive sywLem & Idarrn.
Ch<<k fire cxdnpitrh,.... &. calJinc:1.J
Sanitary racilitles
Check -ell.
Cher:k IV. inLCtU':JXnr
· ",. lIS --4'-;.,w ~ . ag II}' Mi4"a J1etIJ.
5.:mi-annuaJly
Dllit)'
Sr.:mi-arU'lI.lIlUy
MDnlhly-
W r.eldy"
llail)'
Wedcly
Moftthly
Scmi-ilnnulLlJy
PaJ:C2
DESMAN
-,..nt'lIATIl.
Ptojr.c:l:
7TH II: COLLINS GAR4GE
Mia_I a..ch. "orida
March 1996
P.A1tX.lNG FACILITY MAINTENANCE lie SCHEDULE (continu~d)
FUNcnON FREQUENCY
~
10. Roofing tk Waterproofing
&.. Cht~dc fnr lcab MonLMy
b. Chp.c-.k roofinJ;' material dt:u~riaraLion SctrU."nn uMJly
c. Check &: n:pair all ItAIIlnrs (an C"nnr:rcLc,
window ""aU SYILCrnll. doCJ~ mll~nry. CI('.) ^nnuRJIy
d. Check wate."roofinJ: mcrnbroLnr. ~b(7VC rc L.'li I Semi-annually
J1. SlsnaF
a. OIcck aU lip Monlhly
b. Clean all sigN: Scmi-annuaDy
12. Munnry
L Check for malOnry h,j("kpuinung Annually
1~. StuCCO
a.
Chr.dt mndiLion or 'lur~r.n &: reJJair al required
Armually
) 4. Parkin.: Conlrol tA)Uipmenl
a.
b.
Cheek for p")(Jr.r operation
Parking carnru! I".(IU;prncnl maintL'T1anc:r
Daily
Mainlet'\ana: (4mU'ad
15. Dr.maan Aaocialel noeommcnds an annual inRpeCuan Uy . q".lifit:d cn;inccring firm II)
prepare a cundiDDn JlUI"VC)' lO ch~~ '01' such hems u:
a. ,lelcricatati(lfl of concrct.c: i.ro., dPJlltninllliur... a(Jlltlla, !'calinJ:.
b. T ~n"'I.."ity of conc:rC'LC lCr&1tT
c. ~~erlc.k.gc
d. Condition or pl"eallt r.nnnec&iona
t!. CradUnc fA canCftte
f. Rvmn. ~ ac:cI
,. Candition ~f ~rptnnfing mcmbr.ne.
J'afllC~
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