Recorded Acknowledgement & Agrm
Return copy to:
Murray D. Shear, Esq.
17~ N.W. 1st Avenue, #2000
Mi~, Florida 33128
~~~: I 6396rr080 I
94R280381 1994 JUH 08 15:58
ACKHOwr.F.DGEMENT AND AGREKMERT
This Acknowledgement and Agreement is undertaken by
Leo-James, Insp-, a Florida corporation, ("Leo-James") and is
dated the I/~ day of June, 1994.
RECITALS:
WHEREAS, Leo-James owns the real property legally
described on Exhibit "A" attached hereto and made a part hereof
("Lot 1");
WHEREAS the city of Miami Beach, a Florida municipal
corporation, (the "City") and Ballet Valet Parking Company,
Ltd., a Florida limited partnership, ("Ballet Valet") have
entered into a certain Acquisition, Construction and Development
Agreement for the development of a garage (the "Garage") and
contiguous retail space ("Retail Space") (collectively, the
"Project") on the property legal described on Exhibit "A" and
attached hereto and made a part hereof;
WHEREAS, Lot 1 will become part of the Retail Space
after its development and renovation pursuant to the terms of a
separate agreement by and between Leo-James and Ballet Valet;
WHEREAS, the contiguity of the Garage and Retail Space
require easements for support of the Garage.
NOW, THEREFORE, Leo-James does hereby acknowledge and
agree with respect to Lot 1 as follows:
1. Standard of Maintena~ Leo-James hereby agrees
to maintain Lot 1 (exclusive of the City's easement areas)
consistent with the overall attractive quality of the Project.
2. Covenant for Payment of Public Charaes. Leo-James
covenants and agrees to pay and discharge, before any fine,
penalty, interest or cost may be added, all taxes, service
charges, water rents, and other public charges (hereinafter
called "Public Charges") which, if not paid, would be a charge,
claim or lien upon or against Lot 1, or any part thereof).
Leo-James shall not take any action which would result in any
charge, claim or lien upon or against the City Property
including any portion of the Garage. Notwithstanding the
provisions of the preceding sentence, Leo-James shall have the
right to pay Public Charges in installments if permitted by law,
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Ofr. '639&~0802
REC.
and to contest the amount or validity, in whole or in part, of
any Public Charges by appropriate proceedings, provided,
however, that Leo-James shall prosecute such proceedings with
reasonable diligence, and either pay all disputed Public Charges
or escrow an appropriate sum as reasonably required by the City
or the taxing authority for the full payment of such Public
Charges being contested after completion of such proceedings.
In the event that the City pays any of the Public Charges after
10 days written notice to Leo-James and Leo-James' failure to
pay same, as provided herein, the City shall have a lien on
Lot 1 and the improvements thereon and may evidence such lien by
a notarized statement executed by any authorized City official
which the City, at its option, may record in the Public Records
of Dade County, Florida, confirming the date of payment by the
City of the Public Charges, a description of the type of Public
Charges paid by the City, and the amount of the Public Charges.
If, within 30 days after filing of the notarized
statement and written notice to Leo-James of its filing,
Leo-James does not reimburse the City for payment of the Public
Charges together with interest thereon at the highest lawful
rate from date of payment thereof by the City, the City shall
have the right to declare a default by Leo-James of the covenant
to pay Public Charges contained herein and on the Easements as
defined in Paragraph 4 hereof, in addition to all other remedies
provided to remedy a default by Leo-James, to foreclose the lien
and sell Lot 1, as improved, to recover the amount paid to
satisfy the Public Charges, plus interest at the highest lawful
rate and reasonable attorneys' fees, costs and expenses incurred
in enforcing its rights hereunder. The City, its assignee or
designee may be purchaser of the Lot 1 at said sale and may bid
the amount of its lien and any judgment it holds in lieu of
cash. The City's lien rights hereunder shall be a covenant
running with the land and shall be contained in the instrument
to be recorded against Lot 1 containing the Easements.
3. Evidence of Payment of Public Charaes. Leo-James
shall, upon request by the City, furnish or cause to be
furnished, to the City, on or before a penalty is due, official
receipts of the appropriate taxing authorities or other proof
satisfactory to the City, evidencing the payment of any Public
Charges which were due and payable on Lot 1 and shall furnish
same at any time within ten (10) days after the date of any
request by the City.
4. Grant of Easement.
Easements. Leo-James hereby agrees to grant the City
the following easements on Lot 1 (the "Easements") at such time
as the final plans and specifications for the Project are
complete:
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~t~: , 63900r0803
(A) the right of the City, its successors, assigns,
patrons, tenants, invitees and all other persons designated by
or having business with the City to access and use alone or in
conjunction with Leo-James, and all others of all public
sidewalks, streets, avenues, curbs and roadways fronting on and
abutting the Premises;
(B) the right of support and right of use in respect
of, and to maintain and access within the Retail Space located
on the portion of Lot 1 owned by Leo James, all essential
structural support elements, pertaining to the support, use and
operation of the Garage; such easements being preliminarily
described on Exhibit A. At such time as the plans and
specifications for the Garage are finalized, Leo-James, and the
City shall enter into an easement agreement granting the City
the Easements described aforesaid. In the event the final plans
and specifications for the Garage require relocation of the
easements presently described on Exhibit "A," the City shall
have the right to relocate the location of the easements with
the prior written consent of Leo-James, which consent shall not
be withheld, provided such relocation is minor and does not
materially and adversely affect the use of the improvements to
be constructed on Lot 1.
(C) the right to access, use, inspect, maintain,
repair, renew and replace such columns, supports, foundations
and any drains or utility lines.
(D) the right to reasonably close, disturb and
interrupt the business, use and operations within the premises
or any part thereof, including any business and use being
conducted by Leo-James, or any successor, assign, tenant or
licensee of Leo-James, during any period of maintenance or work
by the City of any of Lot 1 pursuant to the easements; provided,
however, that the City shall use its best effort not to close,
disturb or interrupt the business within or use of the premises
and that any closure of a business or use would occur only if
the City had no other reasonable alternative in connection with
the repair, maintenance or replacement of the improvements in
the Easement area.
The Easements shall be continuing and shall be a
covenant running with Lot 1 and shall apply to the original
construction of the Garage and to any replacements and
relocation of the Garage and of any of the improvements within
the Easements and within Lot 1. The City shall permit the
columns in the Easements to be decorated so long as such
decoration does not impact the structural integrity of the
columns.
5. Successors and Assions. The covenants, agreements
and acknowledgements contained herein are intended to bind
Leo-James, its successors and assigns and shall be construed as
a covenant with Lot 1. All purchasers of Lot 1 or and portion
thereof, are hereby put on notice of the continuing obligations
contained herein.
-3-
Off. \ 6~9fi(0804
REC. '"
IN WITNESS WHEREOF, Leo-James has caused this
Acknowledgement and Agreement to be executed as of the first
date above written.
Witnesses:
LEO_JAMES~INC" a Florida
corporati
By: ~
\,},'CIl - Pr sldent
~~c>~
N : -.Jo~ 8,. ~...,.,
~C\Zr~
Name:
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 acknowledgements, personally appeared
:1a~s. "ep...""tdc...... as VirQ.-PW'~s~,~t~ 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 mt hand and seal in the County and State last
aforesaid this \ ~- day of 'rlo"",~_ ' 1994.
~~.~-?
otary Publ c
AL1/2699
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JOSEPH B RYAN III
My Cu.......n CC318782
EJcpirw Sep. 27.1.7
Bonded by HAl
IlOO-422-1555
-4-
Ofr. 1639&r0805
REC.
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EXHIBIT "A"
THEIlREL BAISDEN' & MEYER WEISS
MAY-25-1994 08:33
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RECORDED IN Off ICIAL REcoRDS I?o&
Of DADE COUNTY. fLOR/DA. '
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