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<br />WHEREAS, the Declarant wishes to expressly and formally acknowledge that <br />Covenants 1, 2, and the second paragraph of Covenant 3, are terminated. <br /> <br />WHEREAS, Covenant 4 of the Declaration specifically anticipates release by the <br />Parties. <br /> <br />NOW THEREFORE, incorporating all the foregoing recitals and pursuant to Covenant <br />4 of the Past Declaration, and in consideration of the above premises, the Property <br />described herein is hereby released and discharged from Covenants 1, 2, and the second <br />paragraph of Covenant 3 of the Declaration of Restrictive Covenants dated September 28, <br />2000 and recorded on October 3,2000 in Official Records Book 19306 Page 2869 of the <br />Public Records of Miami-Dade County, Florida Past Declaration: <br /> <br />Specifically, the following provisions of the Declaration, and all restrictions resulting <br />therefrom, are terminated: <br /> <br />1. Substantial Accordance with Approved Plans. <br /> <br />2. Underground Utilities. <br /> <br />3. Parking Covenant. [...] Owner agrees that any vertical <br />improvements created on the property, except for <br />ground level landscaping and ground level recreational <br />areas, shall not exceed thirty-five and seven tenths feet <br />(35.7" [sic]) in height above mean sea level. <br /> <br />This Partial Release shall be filed in the public records of Miami-Dade County, Florida, <br />at the cost of the Declarant. <br /> <br />IN WITNESS WHEREOF, the Declarant and the City executed and signed this Partial <br />Release this g~day of September, 2005. <br /> <br />WITNESSES <br />:=2~ LO~ <br />Print: ~\(c.; ll", L.O~llc.uL <br />~A,~ <br /> <br />CRESCENT HEIGHTS XLIV, INC. <br /> <br />~~ <br />Pri~ S.hY'U~~ <br />Title: V t..<.- #&..s/ck-,;;f- <br /> <br />Print:~ A- tJ t A.. ++ I N ~ ~ <br /> <br />[Notary signature on next page] <br /> <br />[Continued from previous page] <br /> <br />STATE OF FLORIDA <br /> <br />Page 2 oD <br />MIAMI 414947,1 <br />