Use Agreement
USE AGREEMENT
THIS AGREEMENT is made this 1st day of June, 1994 by
and between The Ballet Valet Parking Company, Ltd., a Florida
limited partnership ("BV") and City of Miami Beach, a Florida
municipal corporation (the "City").
RECITALS:
WHEREAS, BV and the City have closed or will close on
the sale of certain real property and air space as more
particularly described in that certain Agreement to Purchase and
Sell Real Property and Air Space by and between the City and BV,
which Agreement is dated the date hereof;
WHEREAS, subject to the terms of this Agreement, the
City has agreed to permit BV to continue parking on a portion of
the real property conveyed to the City by BV (the "City
Property"); and,
WHEREAS, subject to the terms and conditions of this
Agreement, the City has agreed to permit the tenant under that
certain lease (the "Lease") by and between BV and Sin City,
Inc., a Florida corporation ("Velvet") to continue using a
portion of the City's Property for its business operations.
NOW THEREFORE, the parties do hereby agree as follows:
1. Velvet. Provided Velvet vacates the premises
leased pursuant to the Lease no later than June 30, 1994, Velvet
may continue to occupy that portion of its leased premises
situated on the City Property.
2. Parkinq. until such time as construction on the
City Property has begun, or the City Property has been secured
for such construction, the City hereby consents to the use of
the City Property by BV for parking purposes only.
3. Rent. For the temporary use of the City Property
pursuant to the terms of this Agreement, BV shall remit the
monthly sum of $2,500.00 plus sales tax thereon ($1,500 as to
Velvet, $1,000 as to the Parking) to the City in advance without
notice or demand. Payments shall be prorated, as applicable.
4. Insurance. As of the date hereof and through and
including the last day that any portion of the City Property is
occupied or used by BV or Velvet, BV shall maintain a policy of
commercial general liability insurance, providing liability
insurance against claims for personal injury or death or
property damage occurring in or about the City's Property then
occupied or used by BV, its employees, agents or invitees or
Velvet, its employees, agents or invitees. Such insurance shall
afford protection to at least a combined single limit for bodily
injury and property damage liability up to $1,000,000 per
occurrence and shall name the City as an additional insured.
5. Indemnification. During the period that any
portion of the City Property is used by BV or Velvet, and until
such time as BV and Velvet have vacated the City's Property, BV
agrees to indemnify and hold the City harmless from and against
any and all actions, claims, liabilities, losses and expenses
including, but not limited to reasonable attorneys' fees and
court costs at all judicial levels and proceedings, for personal
injury, wrongful death, loss of or damage to property to the
extent arising or alleged to have arisen from negligent acts or
omissions or other wrongful conduct of BV or Velvet, their
employees or agents in connection with the use by BV of the
City's Property for parking purposes or the use by the City's
Property by Velvet.
IN WITNESS WHEREOF, the parties have hereto have caused
this Agreement to be executed as of the date first written
above.
'iQ.^l..,
witnesses:
BV:
The Ballet Valet Parking
Company, Ltd., a Florida
limited partnership
By:
., a
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ALl/2747
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