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<br />This instrument prepared by, or under the supervisicn of (and
<br />ailS" recadng, return to):
<br />
<br />Gary A. Saul, Esq.
<br />Greenberg Traurig, P.A.
<br />1221 Brickell Avenue
<br />Miami, FL 33131
<br />
<br />OOR2 i21.86 2000 MAY 03 15:~:i
<br />DOCSTPDEE 0.60 SURTX 0.4
<br />HARVEY RUVIN, CLERK DADE COUNTY, F
<br />
<br />(Reserved for Clerk of Caurl)
<br />
<br />AMENDMENT TO BEACH ACCESS EASEMENT AGREEMENT
<br />
<br />THIS AMENDMENT Is made as of the ~ay of ~ ( , 2000 by and between
<br />OCEAN TWO LIMITED PARTNERSHIP, a Florida limited partnership ("Ocean Two"), and THE CITY
<br />OF SUNNY ISLES BEACH, a municipal corporation existing under the law of the State of Florida
<br />f'Grantee"), to that certain Beach Access Easement Agreement dated December 17, 1998, recorded
<br />June 14, 1999 In Official Records 18650, Page 1858 of the Public Records of Miami-Dade
<br />County, Florida (as amended from time to time, the "Easement Agrepmentj. Unless the context
<br />otherwise requires, any capitalized term not defined but used herein shall have the meaning given to It
<br />in the Easement.
<br />
<br />R E C I TAL S:
<br />
<br />A. Grantee entered Into the Easement Agreement with Castellta Investment Corp., a
<br />Delaware corporation, M & N Properties, L.L.C., a Florida limited liability company, Dezer Properties
<br />291 L.L.C., a New York limited liability company, Michael Dezertzov and Neomi Dezertov
<br />(collectively, "Grantor").
<br />
<br />B. Subsequent to the execution and delivery of the Easement Agreement, Grantor
<br />conveyed the Project to Ocean Two.
<br />
<br />C. Ocean Two and Grantee now desire to amend the Easement Agreement In the
<br />manner hereinafter set forth.
<br />
<br />NOW, THEREFORE, In consideration of Ten and Nol10a Dollars and for other good and
<br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do
<br />hereby agree to the following:
<br />
<br />1. The legal description of the Easement Paleels (as defined in the Easement
<br />Agreement) is hereby substituted and replaced In Its entirety by that which is attached to and made a
<br />part of this Amendment as Revised exhibit GB" (the "Corrected Easement Parcels"), to correctly note
<br />the property encumbered by the Easement and the Easement Agreement. From snd after the date of
<br />~Is Amendment, only the Conected Easement Parcels shall be subject to, and burdened and
<br />encumbered by, the terms and provisions of the Easement 8 .... . ment Agreement, and sny
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