ACCESS AGREEMENTACCESS AGREEMENT
This Agreement is made and entered into as of the 13thday of March ,
2009, by and between Station Square Clearwater Condo, LLC ("Condo'), Station Square
Condominium Association, Inc. ("Association"), and the City of Clearwater Florida
("City")
WHEREAS, Condo is the developer and seller of condominium units contained
in Station Square Condominiums, located in Clearwater, Pinellas County, Florida; and
WHEREAS, Station Square Condominiums consist of residential condominiums,
retail condominiums and a parking condominium, together with ninety-nine (99) limited
common elements appurtenant to the parking unit, which parking unit and limited
common elements consist of one hundred (100) public parking spaces (collectively the
"Parking Spaces"); and
WHEREAS, the City is the purchaser/owner of the Parking Spaces, pursuant to a
contract for purchase and sale between Condo and the City; and
WHEREAS, the Parking Spaces are contained on the first two levels of the
parking garage contained within Station Square Condominiums; and
WHEREAS, the City and Condo wish to memorialize the general public access
to the Parking Spaces through various portions of the limited common elements at certain
times and through certain locations as hereinafter described; and
WHEREAS, the Declaration of Condominium requires general public access and
Condo and the Association are agreeable to providing for general public access to the
Parking Spaces as hereinafter set forth.
Now, therefore, in consideration of the mutual promises and covenants hereinafter
contained, the parties agree as follows.
1. Recitals. The recitals contained hereinabove are true and accurate and are
incorporated herein as if fully set forth herein.
2. Access locations. The City, as purchaser/owner of the Parking Spaces is
entitled to access to the first two levels of parking, which contain the Parking Spaces
through various locations around portions of the exterior of the building of Station Square
Condominiums. Specifically, there is a stairway access located in the northeast corner of
the project (hereinafter referred to as the "Northeast Access"); access doors located
approximately halfway along the east side of the building (the "East Access"); and the
main entrance to the building located on the south side of the building, facing Cleveland
Street, (hereinafter known as the "South Access"). Further, immediately after entering
the building through the East Access, there is located on the right hand wall, an access
from the foyer area of the East Access a set of doors directly into level one of the parking
garage (hereinafter described as the "Direct Access").
3. Hours of Access. The general public shall have 24 hour access, seven days a
week, through the East Access and the Direct Access to the Parking Spaces, subject to
restrictions hereinafter contained. The general public shall have access to the building
from 7 A.M. through 2 A.M. the building through the South Access and the Northeast
Access. Further, the general public shall have access to the Parking Spaces after entering
through the South Access and continuing in a northerly direction through the hallway
leading to the parking garage and the public elevator located between the South Access
and the entrance to the parking garage. Access to and use of the second level of public
parking of the Parking Spaces shall be 24 hour access seven days a week through the
Northeast Access only, with all other access closed at 2 A.M. on everyday of the week.
Additionally, with regards to the East Access, all other doors located in the foyer area
upon entry through the East Access, other than the Direct Access doors, shall be locked at
Condos and the Associations discretion.
4. Maintenance Cost. Maintenance of all access areas shall be paid for by the
Association as common elements, subject to the requirements of the Declaration of
Condominium for Station Square Condominiums, as amended, in pursuant to that
separate maintenance agreement of even date herewith. Not withstanding the foregoing
maintenance provisions, the City shall be responsible for the cost of preparation and
posting of such signs as the City may install and display as provided for in the Rules and
Regulations with regard to location and utilization of the public spaces, including, but not
limited to, signs notifying the general public that the second parking level shall be closed
to utilization after 2 A.M. each day.
5. Binding Effect. This agreement shall be binding upon the parties, their
successors and the signs.
6. Enforcement and Attorney Fees. In the event it becomes necessary for
either party to enforce this agreement through the initiation of legal proceedings, the
prevailing party in said proceedings shall be entitled to reimbursement of its court cost
and a reasonable Attorney Fee from the defaulting party.
7. Counter arts. This document may be signed in counterparts.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first above written.
STATION SQUARE CLEARWATER
CONDO, LLC, a Florida limited liability
company D
By:
Ye skel Frankel, Manager
CITY OF CLEARWATER, FLORIDA
By:_ k?_ ?. ? .`
Print Name: ERXPPM William B.
Title:
By:
STATION SQUARE CONDOMINIUM
ASSOCIATION, a Florida Corporation.
Menashe Frankel, President a/kla
Mark Frankel
Attest:
Cyn is E. Goudea
Horne IT Cit Jerk
City Manager fftUOFfyfA.
App oved As To Form: t% '?, "Q
met
Laura L. Ma on' Assistan i y Attorney
STATE OF FLORIDA:
COUNTY OF PINELLAS: 'e ITE
The foregoing instrument was acknowledged before me this day of
k2j?„.?,L 2009, by Yeheskel Frankel, Manager, of Station Square
Clearwater, LLC, a Florida limited liability company, on behalf of the company, ( )
who is personally known to me or W who produced L S as
identification.
?.p..nu ............. ..n... c
STEPHANIE A. WALL
CWWO 3W
EXPiM 422 1r2o"
Notary P blic
gonad 1hdY (000)4324254:
aN' p, orm% NM A-- W M commission expires:
...... .......................... ...........: (SEAL)
i .
STATION SQUARE CLEARWATER
CONDO, LLC, a Florida limited liability
company
By:
Yeheskel Frankel, Manager
CITY OF CLEARWATER, FLORIDA
By:
Print Name: Earl
Title: Real Estate Services Coordinator
STATE OF FLORIDA:
COUNTY OF PINELLAS:
STATION SQUARE CONDOMINIUM
ASSOCIAJION, a Florida Corporation.
By: ___ L::::
Menashe Frankel, President a/k/a
Mark Frankel
The foregoing instrument was acknowledged before me this 13th
March , 2009, by -William B. Horne, II, City Manager
0E...Clearwat-er.,---Florida., on..._b..eha.lf.. o_f.. the ..City..,.--
who is personally known to me or ( ) who produced
identification.
. day of
of the City
as
(3,6L'? .41-"-
Not Public a Tina H. f e,
My commission expires: 04 / 18 / 2010
(SEAL)
- - - - - - - - - - - -
Natsry Public State of Florida
CAtalins H 7eHt
My Commission DD828028
w a Expires OO W010
ow3l
STATE OF Fes:
COUNTY OF PI;ELLAS:
0 Lxb-" . U The foregoing instrument was acknowledged before me this Z day of
rC , 2009, by Menashe Frankel, President of Station Square
Condominium Association, Inc., a Florida corporation, on behalf of the corporation, ( )
who is personally known to me or ( ) who produced
as identification. r?
CHANA B GLEIBERMAN
Commission M 2379778
Notary Public, State of New Jersey
My Commission Expires
November 07, 2013
Notary Public ?-
My commission expires:
(SEAL)
STATE OF FLORIDA:
COUNTY OF PINELLAS:
The foregoing instrument was acknowledged before me this day of
, 2009, by Earl Barrett, Real Estate Services Coordinator of the City
of Clearwater, Florida, on behalf of the City, ( ) who is personally known to me or ( )
who produced as identification.
Notary Public
My commission expires:
(SEAL)