Rec. Agrmnt to Grant Easement
r<eturn copy to:
Murray D. Shear, Esq.
175 N.W. 1st Avenue~ #2000
Miami; Flo;r;tga, 331.l8
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94R280382 1994 JUH 08 15:58'
AGREEMENT TO GRANT EASEMENTS
This Agreement is made by and between the city of Miami
Beach, a Florida municipal corporation and The Ballet Valet
Parking Company, Ltd., a Florida lim~d partnership ("Ballet
Valet" or "BV") and is dated this ~ day of June, 1994.
RECITALS:
WHEREAS, Ballet Valet owns the property legally
described on Exhibit A attached hereto and made a part hereof
(the "Retail Space");
WHEREAS, the City owns the property legally described
on Exhibit B attached hereto and made a part hereof (the
"Garage");
WHEREAS, the City and Ballet Valet have entered into a
certain Acquisition, Construction and Development Agreement for
the construction and development of the Garage and Retail Space
contiguous thereto (the "Project");
WHEREAS, the development of the Project requires Ballet
Valet to grant certain easements to the City and for the City to
grant certain easements to Ballet Valet.
NOW, THEREFORE, the parties do hereby agree as follows:
Easements.
1. Easements From Ballet Valet to the City. Ballet Valet
hereby agrees to grant the City easements over the Retail Space
(the "Easements") at such time as the final plans and
specifications for the construction of the Garage and Retail
Space have been completed so that the Easements may be legally
described and located on the Retail Space. In connection with
such Easements, Ballet Valet agrees to grant the City the
following rights:
(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 along or in
conjunction with Ballet Valet, and all others of all public
sidewalks, streets, avenues, curbs and roadways fronting on and
abutting the Retail Space;
(B) the right of support and right of use in respect
of, and to maintain and access within the Retail Space, all as
consistent with the plans and specifications for the Project,
all essential structural support elements, all pump systems for
flood water control, all fire stand pipes, public fire exits and
fire control systems, all gas, electric, telephone, water,
sewer, waste water, storm water drainage and other utility
lines, pipes, conduits and systems, all elevator apparatus and
elevator banks, mechanical, elevator machinery, water,
electrical and other utility rooms, including meters and meter
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rooms, all heating, ventilating and air-conditioning systems,
all machinery and equipment, all electrical, plumbing and
mechanical systems and any pertaining to and needed now and in
the future to support, use and operate the Garage;
(C) the right to access, use inspect, maintain,
repair, renew, replace (in the event of casualty) and relocate
(provided such relocation does not interfere with the use and
operation of the Retail Space) such columns, supports,
foundations, drains, utility lines, elevator shafts and pits and
other improvements and facilities in the Retail Space; and
(D) the right to reasonably close, disturb and
interrupt the business, use and operations within the Retail
Space or any part thereof, including any business and use being
conducted by BV or any successor, assign, tenant or licensee of
BV, during any period of maintenance or work by the city in any
of the Retail Space pursuant to the Easements; provided,
however, that the city shall use its best efforts not to close,
disturb or interrupt the business within or use of the Retail
Space, 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 such
columns, supports, foundations, drains and other improvements in
the Easement area.
The Easements to be granted to the city shall be continuing
and shall be a covenant running with the BV Land 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 the BV Land. 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.
2. Easements from the City for Retail Soace and Lot 1
At such time as the final plans and specifications for the
construction of the Project have been completed, the city agrees
to grant BV the easements (the "Easements") BV requires to
develop and use the Retail Space and for the development and use
of the store to be located on Lot 1, (such Lot 1 Easement shall
be assignable by BV to the owner of Lot 1), of the Project;
provided, however, that (i) no such Easement shall interfere
with the development, construction or use of the Garage in
accordance with the final plans and specifications therefor, and
(ii) no such Easement would permit use of the Retail Space or
Lot 1 in violation of or inconsistently with the terms of the
Development Agreement.
3. Successors and Assions.
The rights and obligations of this Agreement shall bind the
parties hereto and the successors and assigns of each and shall
be deemed a covenant running with the land.
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4. Default.
Neither party shall be deemed to be in default of this
Agreement until the alleged defaulting party has been given
written notice of such default and an opportunity to cure, not
to exceed forty-five (45) days.
IN WITNESS WHEREOF, the parties have signed this
Agreement, executed this Agreement as of the date first above
written.
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CITY:
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BALLET VALET PARKING COMPANY,
LTD., a Florida limited
partnership
BALLET VALET
corporation
By:
STATE OF FLORIDA
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COUNTY OF DADE
ij~he foregoing instrument was acknowledged before me
this~ day of )l(~, 1994, by R. Anthony Goldman, as
President of The Ballet alet Corp., a Florida corporation, sole
general partner of The Ballet Valet Company, Ltd., a Florida
limited partnership, who is personally known to me and who
acknowledged the foregoing on behalf of said limited partnership.
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COUNTY OF DADE
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STATE OF FLORIDA
* am by Richard E. Brown, as City Clerk
The foregoing instrument was acknowledged before me
this 6th day of June , 1994, by Seyrrour Gelber ,
as Mayor * 0 f Ci tv of Miami. Beach , a Florida numicipal
corporation, who arepersonally known to me and who acknowledged
the foregoing on behalf of said corporati
NOTA"" SIAL
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NOTARY PUB IC
Print Name: ay D. Srear
Commission/Serial No.:
My Commission Expires:
(NOTARY SEAL)
ALl/2726
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Lots 2 through 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, less the property
described on Exhibit "B" of this Agreement to Grant Easements.
EXHIBIT "An
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PAIlem. I:
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 through 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 of 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 790 12'25" 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 100 47'35" E alonq a line
parallel with and 45.16 feet Easterly of the Westerly line of Lots
5 throuqh 3 inclusive, a distance of 150.00 feet; thence run N 290
55'12" E across Lot 2, a distance of 52.92 feet to the Northerly
line of Lot 5, said point beinq 62.50 feet Easterly of the
northwest corner of Lot 5. Area described contains 9465.5 Square
Feet.
PARCEL II:
Air Rights for a part of Lots 2 throuqh 5 inclusive, Block 34,
Ocean Beach, Fla., Addition No.1, recorded in Plat Book 3, at paqe
11 of the Public Records of Dade County, Florida; said part bounded
as follows: Bounded on the East by a line 13.16 feet Westerly of
the Easterly line of said Lots 2 through 5 inclusive, bounded on
the North by the Northerly line of Lot 2; bounded on the South by
the southerly line of Lot 5; bounded on the West by a line
described as follows: Commence (P.O.C.) at the southwesterly corner
of Lot 5 and run S 79012'25" E alonq the Southerly line of Lot 5,
a distance of 45.16 feet; to the Point of Beginning (P.O.B.) of
said line; thence run N 10047'35" E along a line 45.16 feet
Easterly of the Westerly line of Lots 5 through 3, a distance of
150.00 feet to the Northerly line of referenced Lot 3; thence run
N 29055'12" E across Lot 2, a distance of 52.92 feet to the
Northerly line of said Lot 2, said point being 62.50 feet from the
Northwest corner of Lot 2. Area of the base of Air Riqhts is
15,902.50 Square Feet.
The Lowest vertical Boundary of the above described Air Rights is
at an elevation of 23.00 feet, National Geodetic Vertical Datum
(N.G.V.D.), 1929. The upper boundary of the said Air Rights is an
elevation of infinity.
PARCEL III:
Air Rights for the Easterly 13.16 feet 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.
The Lowest vertical Boundary of the above described Air Rights is
at an elevation of 40.00 feet, National Geodetic vertical Datum
(N.G.V.D.),1929. The upper boundary of the said Air Rights is an
elevation of infinity.
Area of the Base of the Air Rights is 2632 Square Feet.
EXHIBIT "B" - Page 2 of 2
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PAIlcn I I
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.
PAIlcn III
Air Rights for the Easterly 13.16 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.
The Lowest vertical Boundary of the above described Air Rights is
at an elevation of 40.00 feet, National Geodetic vertical Datum
(N.G.V.D.), 1929. The upper boundary of the said Air Rights is an
elevation of infinity. Area of the Base of the Air Rights is 658
Square Feet.
PARCBL III:
Air Rights for that part. of Lot 6 described as Lot 6, less the
Easterly 13.16 feet and less the Westerly 45.16 feet, 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 Lowest Vertical Boundary of the above described Air Rights is
at an elevation of 23.00 feet, National Geodetic Vertical Datum
(N.G.V.D.)~ 1929. The upper boundary of the -said Air Rights is an
elevation of infinity. Area of the Base of the Air Rights is 4084
Square Feet.
/lECORDEJ IN ~ri'lCIAt RECORDS ,00<<
OF DAD~ COU/'.TY. HO~/OA.
RECORD VERIFrc:"')
HARVEY RUVIN~
Clerk ot Circul\ & County
Courts '
EXHIBIT "B" - Page 1 of 2
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