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MAINTENANCE AGREEMENTMAINTENANCE AGREEMENT This Agreement is made and entered into as of the Q04k day Of3r,uar-/ , 2010, by and between iStar Financial, Inc. D/B/A 628 East Cleveland Street - Clearwater, LLC ("Condo"), Station Square Condominium Association, Inc. ("Association"), and the City of Clearwater, Florida ("City"), WHEREAS, Condo is the current owner of property located at 628 E. Cleveland St., which is otherwise known as the Station Square Condominiums, and the property is located in Clearwater, Pinellas County, Florida; and WHEREAS, Station Square Condominium consists of residential condominiums, retail condominiums and a parking condominium unit, 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 owner of the Parking Spaces, pursuant to a Contract for Purchase and Sale between Condo's predecessor in interest, Station Square Clearwater Condo, LLC, and the City; and WHEREAS, the Parking Spaces are contained on the first two levels of the parking garage contained within Station Square Condominiums (as reflected in the plot plan of the Declaration of Condominium of Station Square Condominiums); and WHEREAS, the parties desire to clarify the maintenance responsibilities of the City and the Association as they relate to the one parking condominium unit owned by the City and the 99 limited common elements appurtenant thereto. 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. Maintenance Responsibilities and Budge . Supplemental to the maintenance responsibilities as provided for in the Declaration of Condominium, as amended, the maintenance responsibilities of the City and the Association for the one parking condominium unit, the 99 limited common elements related thereto and the City's portion of maintenance of the general common elements of the condominium shall be as provided for by the terms of this Agreement. The parties agree that this Maintenance Agreement (Agreement) be in effect from the Page 1 of 5 date entered into above until December 31, 2010, and the maintenance responsibilities and budget shall be as follows: a. In addition to maintenance of the common elements as set forth in Exhibit "A", attached hereto and incorporated herein, the Association shall be responsible for all of the general maintenance associated with the one parking unit and the 99 limited common elements appurtenant thereto (the "Parking Spaces") including utilities, electrical systems, fire prevention and monitoring, ventilation, stairwell doors and hardware, elevators maintenance, generator systems, and daily maintenance as more particularly described in Exhibit "B" attached hereto and incorporated herein. b_ Within the Parking Spaces, the City shall be responsible for public parking/directional signage and markings, upkeep and maintenance of Pay Stations, ballards, directional mirrors and re-striping of the parking spaces, if necessary. Additionally, the City shall pay for electrical service to its Pay Stations. c. The City's obligation for its share of the common expenses associated with maintenance of the common elements and limited common elements as provided for above, shall be as set forth on the budget attached hereto as Exhibit "A." d. The Association budget may be amended at the annual meeting of the Association or any special meeting called for the purpose of amending the budget, upon proper notice to all condominium unit owners. 3. Binding Effect. This agreement shall be binding upon the parties, their successors and assigns. 4. Counterparts. This document may be signed in counterparts. [The remainder of this page has intentionally been left blank.] Page 2 of 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on their behalf: iStar Financial, Inc. d/b/a/ 628 East Cleveland Street - Clearwater, LLC, a Florida limited liability company By: i -4 giz AAStokes, SvVicleh-President, iStar Financial, Inc. STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 3 ow- day of i ec . M -e R-- , 2007, by j zb S-?b s , as Vice President of iStar Financial, Inc. d/b/a/ 628 East Cleveland Street - Clearwater, LLC, a Florida limited liability company, on behalf of the company, (who is personally known to me or ( ) who produced as identification. ?L/ )1 ?EI.LEy Notary Public My commission expires: (SEAL) *Woeorm Forsyth COWRY. .y GEORGIA G ?TAAY P Page 3 of 5 Station Square Condominium Association, Inc., a Florida corporation By: 6 ?ta *e ATreasurer, Sta ion Square Condo. Association, Inc. STATE OF FLGR49A:? +- uPfon COUNTY OF PIN The foregoing instrument was acknowledged before me this 3 b41--day of eteknhp y- , 2009, by Lizbeth A. Stokes, as Treasurer 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. Notary Public My commission expires: 00 ?E p(SEAL) /jam Q OW0006680'1 CL y GEORGIA RY PV? Page 4 of 5 CITY OF CLEARWATER, FLORIDA By: William B. Horne City Manager Camilo A. Soto Assistant City Attorney Attest: iinthia E. Goudeau Clerk `,t,?SEALoF ell VIP RN STATE OF FLORIDA: COUNTY OF PINELLAS: The foregoing instrument was acknowledged before me this lam' day of 0 , 20 lo, by William B. Horne, City Man?r of the City of Clearwater, on behalf of the City as a municipal corporation, ( ) who is personally known to me or ( ) who produced as identification. Notary Public My commission expires: (SEAL) SANDRA HARRIGER MY COMMISSION # DD733691 rX IRES: January OA. 2012 (9- !l. Ndsry oiscount Assoc. Cn. Page 5 of 5 STATION SQUARE CONDO ASSOC 2010 Proposed Budget by Category 01/01/2010 - 12/31/2010 11.7659935% 3.3604821% 84.8735244% 100.0000000% PARKING RETAIL RESIDENTIAL TOTAL DESCRIPTION BUDGET BUDGET BUDGET BUDGET EXPENSES Maintenance and Repair General Maintenance 11,748 11,748 Grounds 4,200 4,200 Janitorial 6,240 6,240 Window Cleaning 7,200 7,200 Booster Pumps 1,200 1,200 Generator 204 60 1,512 1,776 Pool 3,480 3,480 Fitness Equipment 600 600 Exterminating 1,200 1,200 Elevator-Tower 11,124 11,124 Elevator-Retail/Parking 2,778 2,778 5,556 Fire Alarm Monitoring 564 156 4,080 4,800 Maintenance Salaries 3,000 864 21,684 25,548 Surveillance Equipment 288 84 2,028 2,400 Fire Alarm/Equipnnent 492 144 3,516 4,152 TOTAL Maintenance and Repair 7,326 4,086 79,812 91,224 Utilities Electric 10,236 2,928 73,860 87,024 Water & Sewer 108,000 108,000 Trash 348 96 2,556 3,000 Telephone 408 120 2,952 3,480 Pool Gas 1,680 1,680 Cable Television 18,672 18,672 TOTAL Utilities 10,992 3,144 207,720 221,856 Page 1 of 2 EXHIBIT "A" STATION SQUARE CONDO ASSOC 2010 Proposed Budget by Category 01/01/2010 -12/31/2010 11.7659935% 3.3604821% 84.8735244% 100.0000000% PARKING RETAIL RESIDENTIAL. TOTAL DESCRIPTION BUDGET BUDGET BUDGET BUDGET Administrative Professional Fees 108 36 756 900 Miscellaneous Admin 300 84 2,136 2,520 Insurance 30,300 8,652 218,568 257,520 Fees to Division 60 12 444 516 Licenses & Permits 108 36 756 900 Management Fees 2,400 684 17,316 20,400 TOTAL Admdrziwradve 33,276 9,504 239,976 282,756 TOTAL OPERATING EXPENSES $ 51,594 $ 16,734 $ 527,508 $ 595,836 RESERVES Painting 2,580 732 18,576 21,888 Rooting 1,008 288 7,236 8,532 Paving 1,272 1,272 Security Equipment 684 192 4,980 5,856 Fitness Equipment 720 720 Booster Pump 2,088 2,088 Fire Alarms 504 144 3,672 4,320 Pool 3,648 3,648 Elevator 2,496 2,496 Elevators-Retail/Parldng 612 612 1,224 Generator 240 72 1,764 2,076 Furniture & Fixtures 7,764 7,764 HVAC Equipment 8,688 8,688 TOTAL RESERVES S 5,628 $ 2,040 $ 62,904 S 70,572 TOTAL EXPENSES $ 57,222 S 18,774 $. 590,412 $ 666,408 Page 2 of 2 EXHIBIT "A" Exhibit "B" Station Square Condominium Association General Maintenance Responsibilities Utilities: Electric, Water, Sewer, Garbage and Telephone Maintenance Replacement of lamps or bulbs Replacement or repair of electrical fixtures Replacement or repair of the general electrical system Replacement or repair of fire extinguishers Replacement or repair of the fire standpipe / alarm monitoring system Replacement or repair of the ventilation system Replacement or repair of stairwell doors and hardware Replacement or repair of elevator service / routine preventive maintenance Replacement or repair of generator system/service Routine Vaccuum / Power sweeping - as needed Routine Power / Pressure washing - as needed Daily Maintenance: Sweeping and general maintenance of trash and debris in garage and all stairwells. Cleaning elevator cab and foyer areas Empty / clean trash receptacles to be installed by developer