HomeMy WebLinkAboutLimited Guar. Suretyship AgmtLIMITED GUARANTY AND SURETYSHIP AGREEMENT
THIS LIMITED GUARANTY AND SURETYSHIP AGREEMENT (the
"Limited Guaranty") dated this 8th day of February, 2006, is made by ABKEY NO. 17, INC., a
Florida Corporation ("Guarantor"), for the benefit of MIAMI BEACH REDEVELOPMENT
AGENCY, a body corporate and politic ("Landlord").
Background
BBQ Beach, Inc., and Landlord intend to execute a new Retail Lease Agreement
by no later than February 28, 2006, pursuant to the terms of which BBQ Beach, Inc. agrees to
lease a certain portion of real property and improvements located at 1555 Washington Avenue,
Suites 1-3, Miami Beach, Florida, 33139, hereinafter referred to as the "Demised Premises".
Guarantor and Landlord are parties to that certain Retail Lease Agreement, dated,
September 8, 1999, ("Guarantor's Lease"), pertaining to the Demised Premises. Guarantor and
Landlord agree that the Guarantor's Lease shall be terminated pursuant to the terms and
conditions of the Letter Agreement, dated February 8, 2006, attached and incorporated as Exhibit
"A" hereto (the "Letter Agreement"), provided that (i) Tenant satisfies and complies with the
terms of the Letter Agreement; (ii) Landlord and BBQ Beach, Inc. enter into the new Retail
Lease Agreement for the Demised Premises; and (iii) Guarantor executes this Limited Guaranty.
As a condition of entering into the new Retail Lease Agreement with BBQ Beach,
Inc., Landlord is requiring that this Limited Guaranty be executed by the Guarantor. In
exchange for termination of its Lease, Guarantor is willing to provide a limited guarantee and
become a limited surety for certain monetary obligations of BBQ Beach, Inc., under the new
Retail Lease Agreement all as more particularly set forth herein.
Agreement
NOW THEREFORE, in consideration of the above premises and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and
intending to be legally bound hereby, the Guarantor hereby agrees as follows:
1. The Guarantor irrevocably, unconditionally, continuously and absolutely
guarantees to Landlord and becomes surety for (a) the prompt payment of (i) One Hundred Forty
Three Thousand Eight Hundred and Eight Dollars ($143,808), which is the amount of the first
year of annual minimum rent (the "Rental Amount") due and payable by BBQ Beach, Inc., under
the new Retail Lease Agreement, which Rental Amount may be reduced in accordance with the
terms of this Limited Guaranty, hereinafter referred to as the "Guaranteed Obligation"). The
obligation of Guarantor under this Limited Guaranty shall be unconditional, absolute, continuing
and irrevocable, irrespective of the genuineness, validity, regularity or enforceability of the Lease
Agreement or any security which may have been given therefor or in connection therewith or any
other circumstances which might otherwise constitute a legal or equitable discharge of a surety or
guarantor. This Limited Guaranty and the obligations of the Guarantor hereunder shall not be
affected, impaired, modified or released by reason of (a) the making by BBQ Beach, Inc., any
affiliate of BBQ Beach, Inc., or Guarantor, of any assignment for the benefit of creditors or the
bankruptcy or insolvency of BBQ Beach, Inc., any affiliate of BBQ Beach, Inc., or Guarantor, (b)
any action taken by BBQ Beach, Inc., any affiliate of BBQ Beach, Inc., or Guarantor in any
bankruptcy or insolvency proceeding, including, without limitation, disaffirmance of the Lease
Agreement, (c) any default by BBQ Beach, Inc., under the new Retail Lease Agreement, (d) the
liquidation or dissolution of BBQ Beach, Inc., any affiliate of BBQ Beach, Inc., or Guarantor, (e)
the enforcement by the Landlord of any of its rights under the new Retail Lease Agreement, or (f)
the sale, conveyance, transfer or assi~.rnent by BBQ Beach, Inc., of all or any portion of its
interest under the new Retail Lease Agreement; it is being agreed that in the event of any of the
foregoing, the liability of the Guarantor hereunder shall continue hereunder as if such event had
not occurred.
2. This Limited Guaranty shall remain in full force and effect until the earlier
of any of the following shall occur: (i) BBQ Beach, Inc., has paid to Landlord the Rental
Amount, (ii) one (1) year from the date of this Guaranty has transpired, ending February 8, 2007
or (iii) Guarantor pays the current outstanding amount of the Guaranteed Obligation (as the same
may have been reduced or discounted as provided herein). The Guarantor shall jointly and
severally with BBQ Beach, Inc., be liable for all of the Guaranteed Obligation.
3. In connection with the Rental Amount herein guaranteed by the Guarantor,
Guarantor shall receive a dollar for dollar credit for every rental payment made by BBQ Beach,
Inc., under the new Retail Lease Agreement. In other words, for each monthly rent payment, or
any portion thereof, made by BBQ Beach, Inc., under the new Retail Lease Agreement, the total
amount of the Guaranteed Obligations shall be reduced by an amount equal to each payment
made by BBQ Beach, Inc.
4. If a default, as such term is defined in Section 9.1 of the new Retail Lease
Agreement, occurs under the new Retail Lease Agreement and continues beyond applicable
notice and grace periods set forth therein, the Guarantor shall pay to Landlord within ten (10)
days following the receipt of written notice thereof from Landlord, such of the Guaranteed
Obligation as is required to be paid hereunder as Landlord shall direct.
5. If a default occurs under the new Retail Lease Agreement and continues
beyond applicable notice and grace periods set forth therein, Landlord shall have the right to
require the Guarantor to pay the Guaranteed Obligations and shall have the right subject to
Paragraph 7 below, to proceed immediately against the Guarantor for such payment without
being required to make any demand upon or bring any action or proceeding or take any other
action of any kind against BBQ Beach, Inc., any guarantor under any other guaranty, or any other
person or entity in connection with the new Retail Lease Agreement, or resort to or seek to
realize upon the security, if any, held by Landlord, as a condition precedent to bringing an action
upon this Limited Guaranty against the Guarantor, the liability of the Guarantor hereunder being
a direct, primary obligation of the Guarantor and independent of and separate from the liability of
BBQ Beach, Inc., This Agreement shall be deemed an agreement of suretyship, and is a
guaranty of payment and not of performance.
6. Upon an event of default by BBQ Beach, Inc., under the new Retail Lease
Agreement, Guarantor shall have the ability to mitigate all damages associated therewith,
including the right to procure a new tenant for the Demised Premises; provided, however, that
Landlord shall have the right to reject any proposed new tenant, if in Landlord's reasonable
business judgment, such proposed new tenant or its business is unsuitable for the Demised
Premises.
7. At all times, Guarantor, at its option, upon ten (10) days prior written
notice to Landlord, may prepay the Guaranteed Obligation. At the time of such prepayment, the
Guaranteed Obligation shall be reduced by an amount equal to any credits against the Guaranteed
Obligation that Guarantor is entitled to in accordance with paragraphs 3 and 4 above, and then
discounted back to present value at the discount rate offered by the Federal Reserve Bank as
published by the Wall Street Journal on the date of the giving of such prepayment notice.
8. Until the payment in full of the Guaranteed Obligation, the liability of the
Guarantor under this Agreement shall in no way be released or affected (a) by any act or
circumstance which might, but for this paragraph, be deemed a legal or equitable discharge of
any guarantor or surety, or (b) by reason of any waiver, extension, modification, forbearance or
delay or other act or omission of Landlord or its failure to proceed promptly or otherwise with
respect to the Guaranteed Obligation or this Limited Guaranty, or (c) by the commencement,
existence or completion of any proceeding against BBQ Beach, Inc., or otherwise related to the
collection and enforcement of the Guaranteed Obligation. The Guarantor hereby expressly
waives and surrenders any defenses to his liability hereunder based upon any of the foregoing
acts, omissions, agreements or waivers of Landlord, it being the purpose and intent of the parties
hereto that the obligations of Guarantor hereunder is absolute and unconditional.
9. The Guarantor represents and warrants that:
(a) It has full power, authority and legal right to execute, deliver and
comply with this Limited Guaranty and, upon the execution of this Limited Guaranty, this
Limited Guaranty shall constitute the valid and legally binding obligations of Guarantor
enforceable against Guarantor in accordance with its terms.
(b) No consent, approval or other authorization of or by any court,
administrative agency or other governmental authority is required in connection with his
execution and delivery of or compliance with this Limited Guaranty.
(c) The execution and delivery of and compliance with this Limited
Guaranty will not conflict with or result in a breach of any applicable law, judgment, order, writ,
injunction, decree, rule or regulation of any court, administrative agency or other governmental
authority, or of any provision of any agreement or other document or instrument to which
Guarantor is a party or by which Guarantor is bound, and such action by Guarantor will not result
in the creation or imposition of any lien, charge or encumbrance upon any property of the
Guarantor in favor of anyone other than Landlord.
(d) There is no action, suit or proceeding pending or, to the knowledge
of the Guarantor, threatened against or affecting the Guarantor before or by any court,
administrative agency or other governmental authority, or which brings into question the validity
of this Limited Guaranty or the transactions contemplated hereby.
(e) The Guarantor has not applied for or consented to the appointment
of a receiver, trustee or liquidator of itself or any of its property, admitted in writing its inability
to pay its debts as they mature, made a general assignment for the benefit of creditors, been
adjudicated a bankrupt or insolvent or filed a voluntary petition in bankruptcy, or a petition or an
answer seeking reorganization or an arrangement with creditors or to take advantage of any
bankruptcy, reorganization, insolvency, readjustment of debt, dissolution or liquidation law or
statute, or an answer admitting the material allegations of a petition filed against him in any
proceeding under any such law, and no action has been taken by it for the purpose of effecting
any of the foregoing. No order, judgment or decree has been entered by any court of competent
jurisdiction approving a petition seeking reorganization of the Guarantor or all or a substantial
part of the assets of the Guarantor, or appointing a receiver, sequestrator, trustee or liquidator of
him or any of his property.
(f) The release of the Guarantor from its obligations under
Guarantor's Lease, pursuant to the terms of the Letter Agreement, is and will be of direct
interest, benefit and advantage to the Guarantor and constitutes good and valuable consideration
for this Limited Guaranty.
10. In the event that for any reason one or more of the provisions of this
Limited Guaranty or their application to any person or circumstance shall be held to be invalid,
illegal or unenforceable by a court of competent jurisdiction in any respect or to any extent, such
provisions shall nevertheless remain valid, legal and enforceable in any such other respects and
to such extent as may be permissible. In addition, any such invalidity, illegality or
unenforceability shall not affect any other provision hereof, but this Limited Guaranty shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
11. Any notice, demand or request hereunder shall be in writing and shall be
deemed to have been sufficiently given for all purposes when personally presented or sent by
certified or registered mail, return receipt requested, to be addressed as follows:
If to Guarantor:
Address
If to Landlord:
Miami Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139,
Attention: Executive Director
or to such other address as any party hereto notifies the other of in writing. Such notice shall be
deemed to be given when received if delivered personally or by reputable overnight courier or
two (2) days after the date mailed if sent by certified or registered mail. Any notice of any
change in such address shall also be given in the manner set forth above. Whenever the giving of
notice is required, the giving of such notice may be waived in writing by the party entitled to
receive such notice.
12. The falsity in any material respect of any representation or warranty of the
Guarantor contained in this Limited Guaranty or the failure of the Guarantor to comply with any
of the terms and provisions contained in this Limited Guaranty shall, at the option of Landlord,
constitute an event of default under Guarantor's Lease.
13. This Limited Guaranty represents the entire agreement between the parties
and no waiver or modification of this Limited Guaranty shall be effective unless in writing and
signed by party to be charged thereby.
14. The use of any gender in this Limited Guaranty shall include all genders.
This Limited Guaranty shall be binding upon the Guarantor, its successors and assigns, and shall
inure to the benefit of Landlord, its successors and assigns.
15. This Limited Guaranty shall be construed in accordance with and governed
in all respects by the laws of the State of Florida, and the sole venue for any suit or action
brought under this Limited Guaranty shall be the federal or state court, as the case may be,
situated in Miami-Dade County, Florida.
16. Landlord may avail itself of all remedies at law or in equity to remedy any
default hereunder, including, but not limited to, enforcement of Guarantor's Lease.
IN WITNESS WHEREOF, the Guarantor has executed this Limited Guaranty as of the
day and year first above written.
ATTEST: ., Inc.
By: By:
Secretary President
Print Name Print Name:
STATE OF FLORIDA
COUNTY OF DADE
)
)SS:
)
The foregoing instrument was acknowledged before me this ~ day of February,
2006, by They are personally known to me or
produced a valid driver's licenses as identification.
Notary Public, State of Florida
Print Name:
My commission expires:
F:~DDHP\$ALLhRDA~,nchor_Ret~Fuddmckers\ Ltd Gty3.doc
LANDLORD:
TENANT:
Miami Beach Redevelopment Agency, a public body
corporate and politic
1700 Convention Center Drive
Miami Beach, Florida 33139
BBQ Beach, Inc.
4299 Collins Avenue
Miami Beach, FL 33140
DATE OF EXECUTION:
,2006
ANCHOR SHOPS AT SOUTH BEACH
RETAIL LEASE
Lease Agreement - Fuddrucker's Space
(i)
LEASE SUM MARY
The following is a summary of basic lease provisions with respect to the Lease. It is an integral part of the
Lease, and terms defined or dollar amounts specified in this Summary shall have the meanings or amounts as
stated, unless expanded upon in the text of the Lease and its Exhibits, which are attached to and made a part of
this Summary.
1. Date of Lease Execution:
,2006.
2. "Landlord":
Miami Beach Redevelopment Agency
.
Landlord's Address:
Miami Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Kent O. Bonde, Redevelopment Coordinator
with a copy to:
City of Miami Beach
Miami Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Legal Department
4. "Tenant":
BBQ Beach, Inc.
5. Tenant's Address:
6. "Guarantor":
4299 Collins Ave
Miami Beach, Florida 33139
BBQ Beach, Inc.
.
Guarantor's Address:
4299 Collins Ave
Miami Beach, Florida 33139
.
.
Premises (section 1.1):
Gross Rentable Area of
Premises (section 1.1):
10. Gross Rentable Area of
Retail Space (section 1.1):
1555 Washington Av, Suites 1 - 3
Miami Beach, FL 33139
As shown on Exhibit "B"
Approximately 6,217 square feet, which includes
approximately 5,917 rentable square feet on the bottom
Floor (the "First Floor Space") and approximately 300
Rentable square feet on the second floor (the "Second
Floor Space").
Approximately 20,500 rentable square feet
Lease Agreement - Fuddrucker's Space
(ii)
11.
12.
Tenant's Proportionate
Share (section 2.4):
Permitted Use of
Premises (section 3.1):
13. Term of Lease (section 1.1):
N/A
Restaurant and Bar (and subject to the prohibited uses
described in Exhibit "D" to the Lease).
Ten (10) years.
"Commencement Date": The date that Landlord delivers
possession of the Premises to Tenant.
"Rent Commencement Date": The date Tenant opens for
business or (Date of Occupancy), whichever is earlier.
"ExpirationDate": Ten (10) years after the "Rent
Commencement" Date.
"Renewal Options": One (1) option of 10 years, after the
Expiration Date of respective lease term. Tenant must
notify Landlord in writing, one hundred and eighty (180)
days prior to Expiration Date of its intention of exercising
the Renewal Option.
14. "Minimum Rent" (section 2.2):
MONTHS
Rent Commencement Date -
Expiration of fifth (5th) Lease
Year
Beginning of the sixth (6th) Lease
Year- Expiration of the Initial
Term
ANNUAL MINIMUM RENT
$143,808.00
$165,309.00
MONTHLY PAYMENT
(INCLUDING SALES TAX)
$11,984
$13,776
Lease Agreement - Fuddrucker's Space
15. Percentaqe Rental (section 2.3):
16. Prepaid Rent (section 2.2):
17. Security Deposit (section 2.7):
18. Cost Pass-Throughs (section2.4):
N/A
$11,200, plus applicable sales tax due upon execution of
Lease; to be applied to first full month Minimum Rent is
due).
$11,200, (excludes sales tax) (due upon execution of
Lease).
N/A
19. Comprehensive General
Liability Insurance (section 6.1):
$2,000,000.00
20. Monthly Promotional Charge
(section 13.1 ):
21. Broker(s) (section 14.12):
22. Completion Date for Tenant's Work
(section 5.1 ):
N/A
Sixty (60) days after the Commencement Date. Tenant
shall provide Landlord a copy of the Occupational License
to the Premises before opening.
23. Trade Name (section 3.1):
Bar-Be-Que Beach
Lease Agreement - Fuddrucker's Space
(iv)
J RO POSAL TO
HE J EACH
Presented by:
lrlMOIHY
4299 Collins Avenue
Miami Beach, FL 33140
~305~ 672-4472
lqMOm¥ ll~hLCOX., lac.
~3o5) 6T"-4472
Fax (3o5)672-4472
4299 Comns Ave
Miami Beach, FL 33~4o
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
November 15, 2005
To Whom It May Concern:
Timothy Wilcox, owner of Bar-be-que Beach, Inc. proposes to the City of Miami Beach that he
would like to purchase the lease from ABKEY NO. 17, INC. ABKEY NO. 17, INC. is willing
to sell the business to Mr. Wilcox if the City of Miami Beach will release ABKEY NO. 17,
INC. from its present lease with Miami Beach Redevelopment Agency.
The Miami Beach Redevelopment agency will extend the same lease to Bar-Be-Que Beach,
ander the same terms and provisions, rents, risks and liabilities that were in the lease of
ABKEY NO. 17, INC.
l'imothy Wilcox acknowledges that the fire alarm system and hood system needs to be repaired
up to code. Enclosed in the proposal is the estimate to fix all outstanding problems with the
hood system and the fire alarm system. Timothy Wilcox is willing to be solely responsible for
the repairs to the fire alarm system to bring it up to code. Timothy Wilcox is willing to split the
cost of repairs with the City of Miami Beach for screening of the exhaust vent.
Timothy Wilcox would agree to start the lease on January 1, 2006 to December 31, 2015 with a
10 year option period.
Sincerely,
Timothy Wilcox
President
Bar-Be-Que Beach
,
Ir~MO.t¥ I~ILCOX,,, INC.
(305) ~72-4472
Fax (305)672-4472
4299 Collins Ave
Miami Beach, FL 33~4o
AR-'BE-'OLI E ,EACH
The following pages include:
1. Overview of Bar-Be-Que Beach
2. Employment History
3. Refurbishing and Opening Costs
4. Breakdown of Expenses
5. List of Business References
6. Letters of Recommendation from:
a. Laura Marinello, Vice President, City National Bank
b. Lawrence Kaine, Attorney at Law
c. Yamila Ismail, Revenue Manager, Charles Group Hotels
d. Martin Rosado, General Manager, Days Inn Oceanside
e. Faith Kennedy, General Manager, Days Inn Art Deco
IrlMO1HY ~ILCOX., INC.
~3o5) 672-447a
Fax (3o5)672-4472
4299 Comns Ave
Miami Beach, FL 33~4o
C)VERVIEW OF AR-Ii E- i UE ii3EACH
At this time Bar-be-que Beach, Inc. proposes to the City of Miami Beach the following:
A fast paced, lively, mid-price range barbecue restaurant located on the
southwest comer of Washington Avenue & 16th Street. The restaurant will provide
a comfortable and friendly atmosphere with a mouth watering menu. Oak-wood
char grilled selections (i.e. Embers Restaurant) will be available on the menu.
Every guest will receive hassle free service and quality ingredients to guarantee a
fun and pleasurable dining experience. Bar-Be-Que Beach will serve lunch and
dinner 365 days a year.
Bar-Be-Que Beach will cater to conventioneers, tourists and residents in the
South Beach area. Our goal is to provide the best tasting BBQ ribs, chicken, and
;eak, hand-in-hand with hospitable service. We will provide a dining experience
that will ensure repeat business for years to come. Our portions will be hearty
where people will come back do to the reasonable price and fast paced fun.
JlMOIHY ~/ILCOX~ INC.
305) 672-4472
Fax (3o5)67a-447a
ENTREES
~U3Y ~ACK ~IBS
S~. Lores IBAe-E~-~ llms
~'~ ~U~D ~ORK
~~ ~UCED ~ORK
~-~-~ Cmc~
C~ ~RI~D ~IB ~ ~T~K
~~ SUCED ~EEF
CATHSH
~UPER ~D~CH
S~eLO~N
/~PP~IZERS
~i:)YSTERS ON THE IrlALF SHEll
STEAMED CLAMS
CRAB LEGS
SIEAMED SHRIMP
BUFFALO CHICKEN II~/INGS
ii;~NCH CHICKEN ,~TRIPS
~IDES
13A~-i3-1D 13AKED BEANS
LOADED ~3AKED POTATO
SOUmERN POTATO SALAD
HOMEMADE COLESLAW
J=OLOSSAL ~)NION ~INGS
STEAK ERIES
ERIED ~)KRA
CORN ON THE COB
~AIADS
~301TOMLES5 ~ALAD i~AR
4299 Col!in_s Ave
Miami Beach, FL 33~4o
/x eN u IteMS
'IrlMOTHY ~I/ILCOX~ INC.
~3o5) 672-4472
Fax (3o5)67~-4472
4299 Collins Ave
Miami Beach, FL 33~4o
EFURBISHING AND :)PENING COSTS
Capita! Expenditures:
Architecture
Design Costs
Kitchen Equipment
Hood
Bar Redecorating Costs:
$10,000
$200,000
$50,000
$50,000
Including: Lighting, Bar, Bar top and Stools
Sound/AV Equipment
Furniture inside
Furniture Outside
Decorations
Sign
good Char Grill & Hood
$12,000
$15,000
$5,000
$15,000
$5,000
$60,000
'~ther Ooening Costs
Opening Advertising
Inventory
Staff and Training
Uniforms
Menus
Glassware
Stemware
Plates
Silverware
$8,000
$35,000
$12,000
$8,000
$5,000
$8,000
$3,000
$6,000
$3,000
Total Estimated Cost: $510,000
'~MOmY I~hLCOX~ I~C.
(305) 67a-447a
Fax (3o5)67a-4472
4299 Collins Ave
Miami Beach, FL 33140
J REAKDOWN OF J XPENSES
Expense
Daily Weekly Monthly Yearly
Rent
Licenses
Insurance
Labor
Liquor
Food
Utilities
Professional Services
Advertising
Replacement Costs
Repairs
~oft Goods
Entertainment
$349.32 $2451.96 $10,625.17 $127,502.04
$32.88 $230.77 $1,000 $12,000
$65.75 $461.54 $2,000 $24,000
$1,479.45 $10,384.62 $45,000.00 $540,000
$493.15 $3,461.54 $15,000.00 $180,000
$986.30 $6,923.08 $30,000.00 $360,000
$82.19 $576.92 $2,500 $30,000
$32.88 $230.77 $1,000 $12,000
$36.99 $259.62 $1,125 $13,500
$246.58 $1,730.77 $7,500 $90,000
$98.63 $692.31 $3,000 $36,000
$98.63 $692.31 $3,000 $36,000
$493.15 $3,461.54 $15,000 $180,000
Totals:
$4,496 $31,558 $136,750 $1,641,002
Based on Gross Sales of: $4,931.51
$34,615.38
$150,000
$1,800,000
This chart represents a cost breakdown, estimating the monthly sales at $150,000
per month. Labor costs were based on an industry standard of 30%. The liquor
cost is based on 20%. The food cost is based on 30%.
iqMOm¥ I~hLCOX~ INC.
.305) 67a-4479
Fax (3o5)679-447a
4:~99 Comns Ave
Miami Beach, FL 33140
LiST OF [3LISINESS i; EFERENCES
Business:
1. Eagle Brands
3201 NW 72nd Avenue
Miami, FL 33122
Contact Name:
Robin Yglesias
Contact, Number:
(305) 599-2337
2. Gold Coast Beverage
3325 NW 70~ Avenue
Miami, FL 33122
Patricia Diaz
(786) 355-2315
3. National Distributing Company
441 SW 12~ Avenue
Deerfield Beach, FL 33442
Javier Andrade
(786) 317-4869
Premier Beverage Co.
P.O. Box 5500
Miramar, FL 33083
Tom DeQuattro
(305) 321-7943
5. Southern Wine and Spirits
1600 NW 163rd street
Miami, FL 33169
Jose Mole
(305) 625-4171
6. Sysco Food Services
P.O. Box 64000-A
Miami, FL 33164
Yenisse Cachonegrete (305) 651-5421
7. Miami Bar & Rest. Supply
5225 NW 36th Avenue
Miami, FL 33142
Mike
(305) 633-2603
City National Bank
0 F F L 0 R ! D A
October 13, 2005
Re: Timothy J Wilcox
To Whom It May Concern:
This is to verify that Timothy J Wilcox maintains numerous Commercial and
Personal Accounts with City National Bank of Florida. Mr Wilcox has been a
valued customer of our bank since 1996. All of Mr Wilcox's accounts are in
good standing.
If you require further information please do not hesitate to contact me.
Sincerely,
Vice President
Branch Manager
475 41st Street, Miami Beach, Florida 33140 305-534-4041 305-534.4817 Fax
www. citynational, corn
G ow
thc Atlantic Oct'an, Miami Ben,ch
Jan. 5, 2006
To Whom It May Concern:
It is of utmost importance that I express our content with Mr. Timothy Wilcox.
Mr. Timothy Wilcox has been an excellent tenant for the past 17 years. He operates two
of our Food and Beverage concessions; at the Days Inn Oceanside, Beaches Bar Grill and
at the Days Inn South Beach, Free Spirits Sports Cafe. Mr. Wilcox pays his rent
consistently on time at both locations.
Cordially,
Director of Revenue Management
Charles Group Hotels
4333 Collins Avenue * Miami Beach, FL 33140
TEt: 305-532-2266 · FAX: 305-532-0895 * www. charlesgrouphotels.net
Re~,ional Sales Office: TEL: 305.538.1938 ,, FAX: 305.538.2025
Toll Free: 866.455.8252
January 5, 2006
To whom it may concern:
Timothy Wilcox has been a tenant of the Days Inn Oceanside for the past sixteen
years. He pays his rent in a timely fashion and we have enjoyed him as a tenant.
Mr. Wilcox has extensively remodeled at his expense or as a partner of ours, all
of the food and beverage space in the Days Inn Oceanside Hotel. Mr. Wilcox has
also built on the property, the tiki bar, gift shop, and the inside cocktail lounge.
We have been very happy with Mr. Wilcox and are looking forward to a long and
prosperous relationship.
Thank
yo.,u ,/ .....
· ' ,~,d~ .;
Marthl"Ros~do
General Manager, CHA
Days Inn Oceanside
Days Inn Oceanside - 4299 Collins Avenue - Miami Beach, Florida 33140 Phone: 305-673-1513 Fax: 305-538-0727
Days Inn Art Deco / Convention Center
100 - 21st Street
Miami Beach, FL 33139
(305) 538-6631
1-800-451-3345
January 06, 2006
To Whom It May Concern:
Mr. Timothy Wilcox has successfully run the Free Spirits Sports Caf6 for ten years.
This establishment is located on the property of the days Inn Art Deco Hotel. We have
never had a problem with Mr. Wilcox and he has been a good tenant though these ten
years. Mr. Wilcox runs his property in a very professional manner. He has also upgraded
the area with the constant removal of street people. Mr. Wilcox is constantly improving
his Sports Caf6 to better serve the area. He is an asset to the area and we are happy to
continue with our present relationship.
S in~rel y,
Faith Kennedy
General Manager
.Days Inn Art Deco