MARIA REAL ESTATE INC (3)
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ASSIGNHENT AND ASSUMPTION
OF LEASES. TENANCIES AND SECURITY DEPOSITS
MARIA REAL ESTATE INC., a Florida corporation, having an
office at 2502 Rocky Point Road, suite 695, Tampa, Florida 33607
("Assignor") in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration paid by the City of
Clearwater, Florida, having an office at 112 S. Osceola Avenue,
Clearwater, Florida 34616 ("Assignee"), does hereby assign,
transfer and set over to Assignee, to the extent assignable, all
of Assignor's right, title and interest in and to all leases and
tenancies affecting the real property located in Pinellas County,
Florida, more particularly described on Exhibit "A" hereof,
including, without limitation, the leases and tenancies set forth
on Exhibit "B" attached hereto and incorporated herein by
reference (collectively, the "Leases"), together with all
security deposits and accrued interest thereon, if any, held by
Assignor with respect to such Leases, as described on Exhibit "C"
hereof (collectively, the "Security Deposits"), and also together
with all rents, income and profits which may become due and owing
under the Leases for the period on and after the date hereof.
Assignor represents and warrants to Assignee that Assignor
has full legal right, power and authority to execute and deliver
this Agreement and to consummate the transactions contemplated
hereby.
Assignee, by its execution of this Agreement, does hereby
assume all obligations and liabilities of the lessor under each
of the Leases arising on and after the date hereof, including,
without limitation, the obligation, if any, to refund to tenants
the Security Deposits and Assignee does hereby further assume all
tenant improvement costs, leasing commissions and cash
concessions respecting the Leases, both (i) arising prior to and
on after the date hereof, and (ii) as otherwise set forth on
Exhibit "D" hereof.
MIFS02...:\RE\88\35888\0482\1450\AGR32793.R10
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IN WITNESS WHEREOF, Assignor and Assignee have duly executed
and delivered this Assignment this 29th day of March, 1993.
Signed, sealed and delivered ASSIGNOR:
in the presence of:
4irt/f1r
Name: ""':,. / -- .- rel7 ICS i
MARIA REAL ESTATE INC., a
Florida corporation
By: ~--;:;rvL....
Name: H F. McCARTHY
Titl . Vice President
Address: 2502 Rocky point Road
Tampa, Florida 33607
ASSIGNEE:
CITY OF CLEARWATER, FLORIDA, a
Florida municipal corporation
By:
Name.
Title:
Address:
Avenue
34617
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COUNTERSIGNED:
ATTEST:- ..-.-
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R ta Garvey
Mayor-Commissioner
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cy hia,,"E.... G~Ud~..~,~.,-:,
Cl.'t: ClerR---~' .,.'-
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APPROVED AS TO FORM:
M.A. Galbrait
city Attorney
March 29, 1993
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ACKNOWLEI>GMENTS
STATE OF FLORIDA )
COUNTY OF Ikt lb~ ~ ss:
The foregoing instrument was acknowledged before me the 29th
day of March, 1993, by JOSEPH F. McCARTHY, as Vice President of
Maria Real Estate Inc., a Fl tion, on behalf of the
corporation. Helshe i ersonall known to or has produced
as ident cation an 1 1 not take an oath.
~l?~
(S1gnature of Person Tak1ng
Acknowledgment)
U o\e~ C"\ C o'r\e"
(Name of Acknowledger Typed, Printed
or stamped)
~n\~ ~'\l"c-e~ O~~c -Q....'
(T1tle or Rank)
Oil too L ()C\ \
(serial Number)
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STATE OF FLORIDA )
COUNTY OF (<h'US~ ~
ss:
The foregoing instrument was acknowledged before me the 2.1 h-
day of March, 1993, by l..hIL~j": uJL'~1.U- , as ~M~( of the
City of Clearwater, Florida, a FlorIda municipal orpo ation, on
behalf of said corporation. He/she is personally known to me or
has produced r\(\vfl<; ~\Cp("\c,e a identification and did/did not
take an oath.
~hfPC~~
Tak1ng Acknowledgment)
(~f"A~n~~/~yped' Pnnted
or stamped)
Se" \0, ~,u\c...es ()-t-~CJL'
(T1tle or Rank)
Oll \cO \o~\
(Ser1al Number)
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EXHIBIT wAw
LEGAL DESCRIPTION OF THE LAND
PARCEL III:
Lots 1, 2, 3 and 4, Block "13" of GOULD AND EWINGS 1ST AND
2ND ADDITION TO CLEARWATER - HARBOR, FLORIDA according to a
map or plat thereof recorded in Plat Book 1, Page 52 of the
Public Records of Hillsborough County, Florida of which
pinellas County was formerly a part, less road right-of-way,
together with that portion of said Block "13" which was
formerly an alley, running East and West through said Block
"13", also vacated railroad right-of-way described as
follows: Begin at Southeast corner of said Lot 2, Block
"13", run thence East, along the Northerly right-of-way of
Park Street, 60.18 feet thence Northerly along the Easterly
right-of-way line of said railroad right-of-way also the
West lines of Lots 7 & 8, Block "20" of said GOULD AND
EWINGS 1ST AND 2ND ADDITION, 229.0 feet more or less to the
Southerly right-of-way line of Cleveland Street; thence
West, along the said right-of-way line; 60.18 feet thence
along the Westerly right-of-way line of said railroad right-
of-way line also the Easterly line of Lots 2 and 3, Block
"13", of said GOULD AND EWINGS 1ST AND 2ND ADDITION, 228.93
feet more or less to the point of Beginning. All being in
section 16, Township 29 South, Range 15 East, Pinellas
County, Florida.
ALSO DESCRIBED AS:
Beginning at the Southeast corner of Lot 2, Block 13 of said
GOULD AND EWINGS 1ST AND 2ND ADDITION; thence along the
Northerly right-of-way of Park Street (park Avenue - Plat)
(A 60 foot right-of-way), North 89045'53" West, 110.22 feet
to the Southwest corner of Lot 1, Block 13 of said GOULD AND
EWINGS 1ST AND 2nd ADDITION; thence along the Eastern right-
of-way of South Garden Avenue North 00002'16" East 227.94
feet to the apparent Southerly right-of-way line of
Cleveland Street as it now exists; thence South 89050'01"
East 189.03 feet to the Easterly line of the vacated
S.e.L.R.C. right-of-way; thence South 04042'26" West 228.86
feet (229.00 feet, Deed) to the Northerly right-of-way of
Park Street (park Avenue - Plat) (A 60 foot right-of-way);
thence North 89045'53" West, 60.18 feet to the Point of
Beginning.
A-1
MIFS02...:\RE\88\35888\0482\1450\EXH32793.N30
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Together with all those volumes of air space situate in the
City of Clearwater, pinellas County, Florida, containing the
third and fourth floors of a parking garage structure and
the ramp leading from the second floor to the third floor
thereof, as described in Parcels I and II as follows:
PARCEL I:
Commence at the Northeasterly corner of Lot 3, Block "6"
MAGNOLIA PARK SUBDIVISION as recorded in Plat Book 1, Page
70, Public Records of Hillsborough County, Florida of which
Pinellas County was formerly a part, as a point of
reference; thence North 89045'53" West, along the Southerly
right-of-way of Park Street (Park Avenue - Plat) (A 60 foot
right-of-way) 218.94 feet; thence South 00014'07" West,
15.00 feet to a point on the face of a precast concrete
wall, said point being the point of beginning; thence
continue along the face of said wall South 89045'53" East,
189.21 feet; thence South 00014'07" West, 206.42 feet;
thence North 89045'53" West, 94.38 feet to point "A" for
convenience; thence North 89045'53" West, 94.83 feet to the
intersection of the face of said precast concrete wall and
the face of a masonry wall; thence North 00014'07" East,
206.42 feet to the point of beginning.
The lowest limits of said air space being the bottom of the
support beams for the third floor of the parking garage at
the lowest level of said beams, having an elevation of 43.71
feet. The upper limits of said air space being an elevation
of 64.21 feet elevations referenced to National Geodetic
Vertical Datum of 1929, Mean Sea Level - 0.00.
PARCEL II:
Commence at the aforedescribed point "A" as a point of
reference; thence North 00014'07" East, 184.21 feet to the
point of beginning of a 63.00 foot strip being 31.50 feet on
each side of the following described line; thence South
00014'07" West 162.0 feet to the point of termination.
The lower limits of said air space being an inclined plane
along the bottom of the support beams for the ramp leading
from the second to third floors of the parking garage. The
lower point of which is the point of beginning having an
elevation of 35.71 feet; the upper point of which is the
Southerly boundary thereof having an elevation of 43.71
feet.
The upper limits of said air space being the lower limits of
Parcel No. I above described.
A-2
Maria Real Estate, IDe.
Atrium at Clearwater Square r' J . / B
t: Xltt 01 't
Teoant Roster - 3/93
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T~.iJi.,.. ..ii....i,.i/....~~] .../'fll~.. ....~~~.J .........}... ,/'t~..... .i.....~.~..~ ................../.....)<m~<................ ....'..$~ij~>
N.~...................,.}.<}..U.......,.........'.'.....................'...'.................j.......<..UU......<:~i:.......<~~}....'.~Retiy.................................>_..,.PI,~i...../.'.<
Uoiglobe Sun Travel 919 $9.00 $6.89 $15.89 FIXed Step Rent 03/14'96 $2,540.27
(Triple Net Lease) $9.54 $6.89 $16.43 3'93 tIuu 3194
$10.11 $6.89 $17.00 3/94 tIuu 3/95
$10.72 $6.89 $17.61 3/95 tIuu 3/96
Iulian's Cafe 971 $14.11 $6.68 A $20.79 Annual CPI, 6~ Cap 09/15'96 $1,600.00
First National Bar 2007 $14.08 $0.00 B $14.08 FIXed Step Rent 07'31/95 $2,333.34
$15.08 $0.00 $15.08 8193 tIuu 7'95
Sun Bank - Lobby 3251 $16.45 $4.50 A $20.95 Annual CPt on Anniv. 08131/96 $0.00
Date, 6 ~ Cap
Sun Bank - Drive l111U 1166 $16.45 $2.50 A $18.95 Annual CPt on Anniv. 08/31/96 $0.00
Date, 6 ~ Cap
Sun Bank 3931 2 $16.45 $4.50 A $20.95 Annual CPt on Anniv. 08131/93 $0.00
Date, 6 ~ Cap
D. Kurtz & Assoc. 2500 2 $7.51 $5.92 A $13.43 Temp. Rent Reduction 06130/95 $0.00
Micro-Ergics, Inc. 1500 2 $7.61 $6.89 C $14.50 No Increases for Term 10131/92 $2,006.25
Currently on M-T-M Agreement
MPL International, Inc. 557 2 $12.39 $0.00 C $12.39 No Increase for Term 10'13'93 $615.25
Carteret 16092 3 $15.90 4.5 A $20.40 FIXed 6~ Step Annual. 01/31/94 $0.00
Kane, Sam & Bettina 500 4 $13.00 $0.00 B $13.00 No Increases for Term 10/31/93 $650.00
Internat'l Tech Trans 452 5 13.75 0 B $13.75 No Increases for Term 09/30/92 $921.10
Currently on M"T-M Agreement
U.S. Computer Sales
10811
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$10.50 $6.00 A $16.50 FIXed rate Annually
$11.00 $6.00 $17.00 7/94 tIuu 6'95
$12.50 $6.00 $18.50 7/95 tIuu 6/96
$13.50 $6.00 $19.50 7196 tIuu 6/98 - 2 yrs
$9.50 $6.50 A $16.00 Annual CPt
06130/98
$5,598.00
T.D. Service Fmancial
1633
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09130/94
$1,543.48
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Page two
Dean Witter Reynolds
11231
Folwer White et al
8977
Cal1eret
7125
Midland Mortgage
7547
Menill Lynch
7575
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$17.61 $4.50 A $22.11 Fixed Rate thru 8/96 08131196 $0.00
$11.S7 $5.83 A $17.40 Annual CPI 1112S/94 $0.00
$16.85 $5.50 A $22.35 FIXed 6$ Step Reot An. 01131/94 $0.00
$10.50 $6.50 A $17.00 FIXed Rate - thru 5/93 05131/96 $0.00
$11.S0 $6.50 $18.00 6/93 thru 5/94
$12.50 $6.50 $19.00 6/94 thru 5/95
$13.50 $6.50 $20.00 6/95 thru 5/96
$10.11 $6.89 A $17.00 FIXed Rate - thru 8/95 02128'01 $0.00
$15.11 $6.89 $22.00 9/95 thru 2/01
$17,807.69 Total Security
Deposits wILL
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Notes:
A - T. pays escalation over base oper. costs, prebilled moothly with reot invoice
B - T. does not pay any oper. costs or escalatiolll
C - T. pays only base oper. costa, no ovengea
Also, M-T-M lease for Executive Suites on 4th Floor equate to $2,120.00 monthly
in revenue to building/Landlord
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EXHIBIT C
..aurhy Depolha
Atrium I' CI.ar.a. lQu.r.
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rfryl6j";"~ime.~::~~.E:::.2:'~~:~~i :~:;':: ::'~~:"!::"/::::'~::.;!I:':::;L::~;~".:':::~~";'::;::::::ldciilb'ti::);:.:ltiiDi"lAmtZFh?"r :';'ffi~,::,,!::::'
Firat National Bar
Jullane Cafl
Chlrter Aesource./US Computer
Intlrnatlon,1 Tech Tran8l8tor.
Mlcro.Ergle.lno.
TD Service Financial
Unlglobe Sun Travel
MPL International
Kine, S&B
Suite 105
Sulte'14
Suite BOO
Suite 650
Suite 200
Suite 880
Suite , 20
Suite 2SB
Sutte 410
TOTAL SECURITY DEPOSITS. HELD BY LANDLORD
2333.34
, 800.00
5598.00
. 821 . 1 0
2008.25
1643.48
2540.27
e'6.26
650.00 Dep. on 3/24/93
C" 78()1.6~.
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