Amy Lehman Letter
FROM:DENNIS SCHOLL
TO:
305 673 7782
6, 1994 3:45PM ~074 p.02
!
Steel Hector a Davis
"'lI/'Ill, FlOrida
May 31, 1994
1\011, Ltll"..."
Of 00unMI
(tOO) an.2M :
Murrey Shear, Esq.
David Berget, ERq.
Broad & Cas.el
M;~m;, Fl. '3128-1835
R~! Th~t cortain Acquisition, Construction and DovQlopment
Agteement among the City of Miami Beach, the Ballet
vatet Parking Company, Ltd. Gnd McCDrthy Brothers
Co~pany (the "Development Agreement"). Unless defined
ot~otwi~c, capitalized term3 used herein will hDVC Lhe
me~nings attributed to them in the Development AQreement
Gentlemen: :
in i;he
hereby
i
NOlwithstandin9 any
Deve opment Agreemenl
agre, as follows:
{O The Tbitd Elevl!It,Sll. In the event the Ci ty elects
tv. im;lude an aOd1t1onal elevator: to serve the Garage,
BV!herebY agrees to grant the City an easement within
the Retail space to accommodate SUCh elevator and a
riQht of passage from said elevator to the sidewalk,
which easement shall consist ot not greater than 280
square feet of space in the southeest corner of the
ke~ail ~pace; providea that BV's allocation of parking
spaces as more particularly described in section 11.9
01 'the Development Agreement is not reduced thereby.
At:such time as the plans and specifications for the
Ga~age are completed and upon notice from the CitYI
BV1s counsel will prepare an easement agreement to
memoralize the foregoing, which agreement shall be
recorded among the Public Records of Cade County,
Florida.
other term or condition that may be
Lo lht:l ~UlltJ.C::U.Y, the parties <.10
(ii) ~nt-Maintenance ~Quipment. BV hereby agrees
to:expend up to $50,000 to fund the cost of the
vegetation maintenance equipment in connection with the
ex~erior wall of the Garaoe. BV's nhliQRtinn to fund
this amount shall be secured by the personal guaranty
of :R. Anthony GoldmAn. On or 8fter April 1, 1995, thQ
City shall request funding (rom BY for the plant
maintenance. BY ~hAll fund the reQuir~d amount up to
$50,000 within 15 days after the City's fundin9
reQueRt. Shout!"! lW fail to funo. during this time
pe~iod, City shall have the right to collect payment
lIlH'tl?,T the p.rsonel guaranty and shall have tho right to
exercise any and all remedies to enforce such payment.
Any sums in Qxcess of $50,000 Gh~ll be funo.ed by the
City.
M~i 0IIi:Je
4000 50ulhNsI fn.oo.r CflI-Mr
Miami, FL 33181.2388
(306) 677.7000
F~w. (M~) :wI.141A
1800 Pnlll~ Pon WMl
777 South ~., OrIYO
w. ,11m hIch, FL S30401.1111l8
(~7) 850.7200
F_ (401)*.1~
la1 & So\llI\ r.1onr~
tub 101
T~lahIMe FL 32301 .1804
('IlCU) :in. 2300
~, (004) Ql;!::! &410
@)
Steel Hector & Davis
Murray Shear, Esq.
David Berger, Esq.
Broad & Cassel
May 31, 1994
Page 2
(iii) Insurance Deductible. Notwithstanding anything
else to the contrary in the Development Agreement, the
deductible in connection with the "All Risk" policy as
described in provision 2.15.1(b) of the Development
Agreement, shall be the responsibility of the City.
(iv) Ballet Valet has paid in full the Design
Builders Part 1 Compensation.
Sincerely,
Amy Lehman
ACCEPTED AND AGREED:
By:
The Ballet Valet Parking Company,
Ltd., a Florida limited
partnership
City of Miami Beach, a
Flori unicipal
I.
corpo atlon
By: The Ballet Valet Corp.,
a Florida cor ration
Dated:
FORM
L
~
AL1/2751