MARIA REAL ESTATE INC (7)
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ASSIGNMENT AND ASSUMPTION OF LICENSES AND CONTRACTS
MARIA REAL ESTATE INC., a Florida corporation, having an
office at 2502 Rocky Point Road, suite 695, Tampa, Florida
("Assignor") in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration paid by The City of
Clearwater, Florida, a Florida municipal corporation, having an
office at 112 South 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 licenses, permits, certificates,
approvals, authorizations and variances (collectively, the
"Licenses") issued for or with respect to, the construction,
development, management, maintenance and operations of all or any
portion of the real property located in Pinellas, County,
Florida, more particularly described on Exhibit "A" annexed
hereto and made a part hereof, together with all of Assignors'
right, title and interest, to the extent assignable, in and to
the purchase orders, equipment leases, advertising agreements,
franchise agreements, license agreements, management agreements
and service contracts, if any, as are described on Exhibit "B"
annexed hereto and made a part hereof (collectively, the
"Contracts").
Assignor represents and warrants to Assignee that Assignor
has full legal 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 or liabilities of Assignor arising on and
after the date hereof under each of the Licenses and Contracts.
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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:
MARIA REAL ESTATE INC., a Florida
corporation
By: ~
Name: SEP F. McCARTHY
Title: ice President
Address: 2502 Rocky Point Road
Suite 695
Tampa, FL 33607
ASSIGNEE:
CITY OF
Florida
By:
Name:
Title:
Address:
Avenue
34616
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COUNTERSIGNED:
ATTEST:_.' -
~ - "".....
..."...-.
-<
ita Garvey
Mayor-commissioner
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Cy h..4>-- E. - Ci'fudeau- ~: c
City c1~~'~_~~ o_~__~->_
APPROVED AS TO FORM:
~
M.A. Galbrait
City Attorney
March 29, 1993
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ACKNOWLEDGMENTS
STATE OF FLORIDA )
" ) ss:
COUNTY OF \\\\\SOCACVjIJ)
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 Florida ~p~n, on behalf of the
corporation. He/she is personallyl~own to me~ has produced
as identification and did/did not take an oath.
~(~O/\A0~~
~I~nature of Person Taking
Acknowledgment)
00\ee~~ c.o~~<f\
(Name of Acknowledger Typed, Printed
or Stamped)
~(\"D( Se~\ v \ C.-R c:, O-\~ ~ \
(Title or Rank)
all loD'\.O~\
(serial Number)
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STATE OF FLORIDA )
) ss:
COUNTY OF ~\\s~r~ )
The foregoing instrument was acknowledged before me the~~
day of March, 1993, by M,'t~ -:r. uJri'c;(l,U- , as t.c.ht M~ of The
City of Clearwater, Florida, a Florida municipar-dorporation, on
behalf of said corporation. He/she is personally known to me or
has produced 6"'""e.,("S. \ \C..c2.A"~ a identification and did/did not
take an oath.
~-~12~~
'----(~~~ ure 0 erson
Tak1ng Acknowledgment)
(~~PA:'cltnoc:.~~Typed, Printed
or Stamped)
~(l\or ~X0'C~S ~c f'\\
(T1 e or Rank
(SegJ.1umb(~$? l c5\ \
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EXHIBIT wAR
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.C.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.
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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.
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EXHIBIT B
AMTJ
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Bell Atlantic: Phon. syltom(4th floor) 4/719$ 830,Ollmo.
Charles DriggMI Intcrior landscape 21./94 460.00/mo.
City of Clearwater Parkins carage throuah term '0% all
of ownership main!. ,xp,
Oft sar...
Dmmadc Copier rental 30 day notic. 245.28/mo.
D.lta Busines. Equip. Copi.r maintenlnet 30 day notice 37.43/mo.
pJu. ovor.a..
Dial Paa. Paler 30 day node. 21.07/mo.
'act Protective Servico Security monitoring 7/18/93 132.50/mo.
Faison Auoc:iation Mlnaa_ment fee 10/18/93 4% aro.. revenue
P.uson AlIOciation Broker tee 10/11/93 4% now Cenantl
2% eximni/renewaJ
OeneraJ Purniture Leasing Furniture rental 30 day notice 237.26/mo.
Miami Elevator Elevator maintenance 12/26/95 l,488.96/mo.
Ncwsw Janitorial servic:e 30 day notice 6.980.83/mo,
PineUu Landscapins Exterior landscapina 7111193 2S0.00/mo.
Pitney Bowes Post..e metor/scalo 11120/93 lO4.9S/qtrly.
~ Chemical Water treatment
oooling tower 30 day notiee 16S.00/mo.
Rcntokill Interior pest control 30 day notice 148.40/mo.
SecureJC Guard service 30 day notice 2.030.12/mo.
Security Engineering Fire alann testin. 6/23/93 1380.00Iyrly.
Select Pest Control Exterior Post Control 30 Ciay notice 90.00/qtrly.
Tamp. Bay TrlZ\e HV AC equip. inspection 4n/93 300.00/mo.
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Faison Associates hereby consents to the assignment of the
Management Agreement between Maria Real Estate Inc., as Owner,
dated October 19, 1992, and Faison Associates and the Exclusive
Broker Agreement between the same parties dated October 19, 1992 to
the City of Clearwater, Florida.
March 29, 1993
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