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Attorment Agrmt #10 A TTORNMENT AGREEMENT (MANAGEMENT AGREEMENT) THIS ATTORNMENT AGREEMENT (as the same may be amended or otherwise modified from time to time, the "Agreement") is made and entered into as of the 20th day of September, 1996 by and among MB REDEVELOPMENT, INC., a Florida corporation (the "Tenant"), LOEWS MIAMI BEACH HOTEL OPERATING COMPANY, INC., a Delaware corporation (the "Hotel Manager"), and MIAMI BEACH REDEVELOPMENT AGENCY, a public body corporate and politic (the "Owner"). WITNESSETH: WHEREAS, Owner, the City of Miami Beach (the "City") (to the extent provided therein) and Tenant have entered into that certain Agreement of Lease, of even date herewith (the "Lease"), for that certain real property located in the City of Miami Beach, Dade County, Florida, as more particularly described in Exhibit "A" attached hereto and made a part hereof, which Lease provides for the leasing, ownership, management and operation of the Hotel, as defined in the Lease; and WHEREAS, Tenant and Hotel Manager have entered into that certain Hotel Management Agreement of even date herewith (as the same may be amended or otherwise modified from time to time, the "Management Agreement"), pursuant to which Hotel Manager has agreed to operate the Hotel for and on behalf of Tenant pursuant to the terms of the Management Agreement; and WHEREAS, as required by the Lease, Tenant, Hotel Manager and Owner have agreed to enter into an attornment agreement. NOW, THEREFORE, for and in consideration of the premises, and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. (a) Hotel Manager will give Owner prompt written notice and a copy of any notice of default, event of default, termination or cancellation sent or received by Hotel Manager; (b) Hotel Manager will promptly deliver to Owner executed copies of any amendment or modification of the Management Agreement, or if applicable, any new Management Agreement; (c) Hotel Manager will not assert any right it might have to terminate the Management Agreement or performance of its services thereunder as the result of a default by Tenant without giving written notice thereof to Owner, specifying the claimed default, and notwithstanding the occurrence of any such default, Hotel Manager shall take no action to rescind or terminate the Management Agreement and shall, at the request of Owner, continue performance of its obligations thereunder, in accordance with the terms thereof, provided that the default shall be cured in accordance with the terms of the Management Agreement, and Hotel Manager shall be paid for its MI962610.075/09/19/96 services in accordance with the fee schedules set forth in the Management Agreement; in furtherance of the foregoing, Hotel Manager shall afford Owner an opportunity to cure defaults under the Management Agreement, and Owner shall have a period of ninety (90) days after written notice to cure such default, or if such default is of such a nature that it cannot reasonably be remedied ninety (90) days after the giving of such default notice (but is otherwise susceptible to cure), Owner shall (i) within ninety (90) days after the giving of such default notice, advise Hotel Manager of Owner's intention to institute all steps (and from time to time, as reasonably requested by Hotel Manager, Owner shall advise Hotel Manager of the steps being taken) necessary to remedy such default (which such steps shall be reasonably designed to effectuate a cure of such default in a professional manner), and (ii) thereafter diligently prosecute to completion all such steps necessary to remedy the same (and performance by Owner shall be accepted by Hotel Manager as though the same had been performed by Tenant), and there shall be no default deemed to exist under the Management Agreement unless such cure shall not have been completed within such period. (d) In the event Owner shall terminate Tenant's leasehold interest in the Premises (as such term is defined in the Lease), or shall otherwise succeed to the rights of Tenant and no New Tenant's Documents (as such term is defmed in the Lease) are delivered, the Management Agreement shall, at Owner's option, exercisable by written notice to Hotel Manager within fifteen (15) business days after such termination or other succession, remain in full force and effect, and Hotel Manager shall continue to perform its services thereunder for the benefit of Owner, provided, however, that (x) if Owner fails to timely exercise such right, Owner shall have no right to cause Hotel Manager to continue performance as described herein, and (y) if Owner timely exercises such right, then the Management Agreement shall be deemed to have been amended in the following respects (and, at the request of Owner, the parties shall enter into a modification of the Management Agreement to evidence such amendments): (i) There shall be no payment by Owner of any administration fee, termination fee or any other fee or charge under the Management Agreement in connection with termination of Tenant's leasehold interest or Owner's succession to the rights of Tenant under the Management Agreement; (ii) Owner shall have the right to terminate the Management Agreement at any time, with or without cause, and without payment of any administration fee, termination fee, or any other fee or charge, provided that in the event of a termination without cause Owner shall give Hotel Manager not less than thirty (30) days prior written notice of such termination; (iii) Hotel Manager shall have the right to terminate the Management Agreement at any time, with or without cause, and without payment of any administration fee, termination fee, or any other fee or charge, provided that in the event of a termination without cause Hotel Manager shall give Owner not less than one hundred twenty (120) days prior written notice of such termination; (iv) Upon termination or expiration of the Management Agreement, Hotel Manager shall: MI962610.075/09/18/96 2 (A) to the extent of Hotel Manager's interest and to the extent permitted by Requirements, surrender and assign to Owner or its designee any and all licenses, permits and/or governmental authorizations required for the operation of the Hotel; (B) deliver to Owner any and all of Owner's properties within the possession of Hotel Manager, including, without limitation, all keys, locks and safe combinations, reservation lists, ledgers, bank statements for the Hotel accounts, books and records, insurance policies, bonds and other documents, agreements, leases and licenses required for the operation of the Hotel; and (C) remit to Owner the balance of any Hotel accounts, after computation and disbursement to Hotel Manager of all accrued and unpaid management fees and reimbursable costs; (v) Hotel Manager shall not be permitted to undertake any actions not provided for in the then-effective annual plan of the Hotel (other than in connection with the day-to-day operations of the Hotel) without the prior written consent of Owner; and (vi) Owner shall not incur any liability to Hotel Manager under the Management Agreement except to the extent Owner has liability under the Lease. (e) If the Management Agreement shall terminate for any reason, or be rejected or disaffirmed pursuant to any bankruptcy law or any other law affecting creditors' rights, Hotel Manager shall, if notice has not theretofore been provided to Owner, immediately notify Owner of such termination, rejection or disaffirmance, and Owner shall have the right, exercisable by notice to Hotel Manager within sixty (60) days after Owner obtains possession of the Hotel, to enter into a new Management Agreement for the management of the Hotel on the same terms and conditions as are contained in the Management Agreement (as amended above) for the remainder of the term of the Management Agreement; the execution of such new Management Agreement shall be subject to the curing by Owner of any outstanding defaults under the Management Agreement which are reasonably susceptible to cure by Owner; in connection with any prospective sale of Owner's Interest in the Premises (as such term is defmed in the Lease) and at the request of Owner, Hotel Manager will execute and deliver to the party so requesting an estoppel certificate indicating that the Management Agreement is unmodified (or, if modified, setting forth the modifications) and in full force and effect, and that to the knowledge of Hotel Manager there is no default (or specifying any default of which the Hotel Manager has knowledge or notice), the date of expiration of the term of the Management Agreement, and the date through which Hotel Manager has received payment under the Management Agreement, it being understood that any such certificate may be relied upon by Owner; and, Owner will give Hotel Manager a copy of any default notice under the Lease and afford Hotel Manager the right to cure the same (provided such cure is effectuated within the time period provided therein for Tenant to cure the same). 2. The rights of Owner set forth in this Agreement shall, to the extent in conflict with the rights provided in any Recognized Mortgage (as such term is defined in the Lease), be subject to the rights of such Recognized Mortgagee (as such term is defined in the Lease) provided such Recognized Mortgagee is in the process of, and is diligently, exercising its rights under the applicable Recognized Mortgage. MI962610.075/09/18/96 3 3. This Agreement may not be modified or discharged other than by an agreement In writing specifically referring to this Agreement and signed by all parties to this Agreement, 4. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, any of the parties, or whenever any of the parties desires to give or serve upon any other party any notice, demand, request, consent, approval or other communication with respect hereto, each such notice, demand, request, consent, approval or other communication (herein referred to as a "Notice") shall be in writing and shall be effective for any purpose only if given or served by certified or registered U.S. Mail, postage prepaid, return receipt requested, personal delivery with a signed receipt or a recognized national courier service, addressed as follows, or to such other addresses as are from time to time specified by written notice delivered in accordance herewith: if to Tenant: with a copy to: if to Owner: with a copy to: MI962610.075/09/18/96 MB Redevelopment, Inc. 407 Lincoln Road Suite 6-k Miami Beach, Florida 33139 Attention: Mr. Eric A. Nesse, Vice President Loews Hotels Holding Corporation 667 Madison Avenue New York, New York 10021-8087 Attention: Corporate Secretary and to: Hughes Hubbard & Reed LLP 201 S. Biscayne Boulevard, Suite 2500 Miami, Florida 33131 Attention: William A. Weber, Esq. Miami Beach Redevelopment Agency Executive Director 1700 Convention Center Drive Miami Beach, Florida 33139 Miami Beach Redevelopment Agency General Counsel 1700 Convention Center Drive Miami Beach, Florida 33139 and 4 with a copy to: if to Hotel Manager (before opening of the Hotel): if to Hotel Manager (after opening of the Hotel): in each case with a copy to: City of Miami Beach City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 City of Miami Beach City Attorney 1700 Convention Center Drive Miami Beach, Florida 33139 Loews Miami Beach Hotel Operating Company, Inc. 667 Madison Avenue New York, New York 10021-8087 Attention: Corporate Secretary Loews Miami Beach Hotel Operating Company, Inc. 1601 Collins Avenue Miami Beach, Florida 33139 Attention: General Manager Loews Hotels Holding Corporation 667 Madison A venue New York, New York 10021-8087 Attention: Corporate Secretary 5. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard to principles of conflict of laws. 6. This Agreement sets forth the entire understanding of the parties hereto with respect to the subject matter hereof, and shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted successors and permitted assigns; provided, however, that in the event of the assignment or transfer of the interest of Tenant, all obligations and liabilities shall be the responsibility of the party to whom such interest is assigned or transferred, which assignee shall be deemed to have assumed Tenant's obligations and liabilities hereunder. If, while the Agency is the Owner hereunder, the Agency shall cease to exist, the City, by its signature hereto, hereby agrees to be bound by the terms, covenants and conditions of Owner hereunder and Tenant and Hotel Manager agree to recognize the City as Owner hereunder. 7. It is expressly understood that this Agreement and obligations issued hereunder are solely corporate obligations, and that no personal liability will attach to, or is or shall be incurred by, the MI96261 0.075/09/18/96 5 incorporators, stockholders, officers, members, partners, holders of other ownership interests, directors, elected or appointed officials (including, without limitation, the Chairman and Members of the Owner and the Mayor and Commissioners of the City and the members of any other governing body of Owner) or employees, as such, of the Owner or Tenant or Hotel Manager, or of any successor corporation or other successor entity, or any of them, under or by reason of the obligations, covenants or agreements contained in this Agreement or implied therefrom; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer, member, partner, holder of other ownership interest, director, elected or appointed official (including, without limitation, the Chairman and any Member of the Owner and the Mayor and Commissioners of the City and the members of any other governing body of Owner) or employee, as such, or under or by reason of the obligations, covenants or agreements contained in this Agreement or implied therefrom are expressly waived and released as a condition of, and as a consideration for, the execution of this Agreement. 8. No member, official or employee of the Owner or the City shall be personally liable to Tenant or Hotel Manager, or any successor in interest, in the event of any default or breach by the Owner or for any amount or obligation which may become due to the Tenant or Hotel Manager or successor under the terms of this Agreement; and that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such Person, or under or by reason of the obligations, covenants or agreements contained in this Agreement or implied therefrom are expressly waived and released as a condition of, and as a consideration for, the execution of this Agreement. 9. Owner acknowledges receipt of a copy of the Management Agreement and that the Management Agreement evidenced by such copy complies with the provisions of Article 16 of the Ground Lease. MI9626 I 0.075/09/18/96 6 EXECUTION IN WITNESS WHEREOF, Tenant, Hotel Manager and Owner, intending to be legally bound, have executed this Agreement as of the day and year fIrst above written. MB REDEVELOPMENT, INC. ATTEST: Secretary By: Name' Title: BYC~~ MI962610.075/09/18/96 7 LOEWS MIAMI BEACH HOTEL OPERATING COMPANY, INC. ATTEST: BY:'~ Secretary MI96261 0.075/09/18/96 8 ATTEST: By:J(o\.M.f- f(I.A~ Robert Parcher Secretary MI9626I 0.075/09/18/96 9 MIAMI BEACH REDEVELOPMENT AGENCY By: our Gelber FORM APPROVED REDEVELOPMENT AGENCY GENERALCO~ By 11( ~ ' Date 9 /~/1& SOLELY FOR THE PURPOSES OF PARAGRAPH 6 OF THE FOREGOING AGREEMENT: CITY OF MIAMI BEACH, FLORIDA By:-Po~r P ~ Robert Parcher City Clerk By: ATTEST: Gelber Forn.)! ^ PPRC1 '~~D . r'.I'If H. ., c.:_ LEGAL OEP By Date MI962610.075/09/18/96 10 EXHIBIT A LAND W6-MI962610.075 HOTEL LEGAL DESCRIPTION PARCEL J: LOTS 1, 2, 17 AND 18, BLOCK 55, FISHER'S FIRST SUBDIVISION OF Al TON BEACH, ACCORDING TO PLAT THEREOF', RECORDED IN PLAT BOOK 2, AT PAGE 77, OF' THE PUBLIC RECORDS OF' D.ADE COUNTY, FLORIDA, LESS THAT PART OF' lOTS 2 AND 17 L VING NORTH OF A LINE. WHICH SND LINE IS LOCATED AND DESCRISED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 16, BLOCK 55. FISHER'S FIRST SUBDIVISION OF' At.. TON BEACH, THENCE RUN SOUTHWESTERL Y AlONG THE wESTERL Y LINE OF SAID LOTS 16 AND 17 FOR A DIST NIICE OF' 72 FEET TO A POINT. SAID POINT BEING THE POINT OF BEGINNING OF THE LINE BEING DESCRIBED: THENCE EASTERLY PARALLEL TO THE NORTHERLY LINE OF LOT 16 AND LOT 3, BLOCK 55 OF FISHER'S FIRST SUBDIVISION OF' AI.. TON BEACH FOR A DIST ANCE OF' 400 F'EET TO A POINT IN THE EASTERLY LINE OF LOT 2, OF' SA.lD BLOCK 55, FISHER'S FIRST SUBDIVISION OF At. TON BEACH. A.S TO LOTS 2 AND 17, SA.lD PROPERTY tw4AY ALSO BE DESCRIBED AS lOTS 2 AND 17, LESS THE NORTH 21..3 FEET THEREOF', IN BLOCK 55, ALTON BEACH FISHER'S FIRST SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2. AT PAGE 77, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. PARCEL II: PARCEL OF' LAND lYING BETWEEN BLOCK 55, OF riSHER'S FIRST SUBDIVISION OF' A.L TON BEACH, ACCORDING TO PLAT THEREOF, RECORDED IN PLAT BOOK 2, AT PAGE 77, OF' THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND THE HIGH WATER MARK OF THE ATLANTIC OCEAN, WHICH SAID PARCEL OF LAND IS P~TICULARL Y DESCRIBED AS FOLLOWS: SEGI~ AT THE SOUTHEAST CORNER OF SAID LOT 1, BLOCK 55. FISHER'S FIRST SUBDIVISION OF Al TON BEACH, THENCE RUN NORTHERLY ALONG THE EASTERL V LINE OF LOT 1 AND LOT 2 OF' SAID BLOCK 55. FISHER'S FIRST SUBDIVISION OF Al TON BEACH A DISTANCE OF' 102.2 FEET MORE OR LESS TO A POINT IN THE EASTERLY LINE OF SA.lD LOT 2, WHICH SAID POINT IS 72 FEET SOUTH OF THE NORTHEAST CORNER OF LOT .3 OF' SAID BLOCK 55 OF FISHER'S FIRST SUBDIVISION OF' AlTON BEACH: THENCE RUN IN AN EASTERL Y DIRECTION ALONG A LINE PARALLEL TO THE EASTERLY EXTENSION OF THE NORTH LINE OF SAJD LOT ,3. TO THE HIGH WATER MARK OF' THE ATLANTIC OCEAN: THENCE RUN IN ;. SOUTHERL V DIRECTION AlONG THE HIGH WATER MARK OF THE ATLANTIC OCEAN A DIST ANCE OF 102.2 FEET tw40RE OR LESS TO A POINT ON SAID HIGH WATER MARl( OF' THE ATLANTIC OCEAN WHICH IS THE INTERSECTION WITH THE E ASTERL Y EXTENSION OF' THE SOUTHERLY LINE OF SAID LOT 1: THENCE IN A WESTERL Y DIRECTION AlONG THE EASTERLY EXTENSION OF SAID SOUTH LINE OF LOT , TO THE POINT OF' BEGINNING. 1 of /t 3 HOTEL LEGAL DESCRIPTION PARCEL 11/: LOTS 3 AND 16 AND THE NORTH 21.3 FEET (AS MEASURED ALONG LOT LINES) OF LOTS 2 AND 17, BLOCK 55, FISHER'S FIRST SUBDIVISION OF' ALTON BEACH, ACCORDING TO THE PLAT THEREOF AS FILED FOR RECORD IN PLAT BOOK 2, PAGE 77, OF' THE PUBLIC RECORDS OF' DADE COUNTY, F'LORIDA: TOGETHER WITH: THAT CERTAIN PARCEL OF' LAND L VING EAST OF N-4D ADJACENT TO THE LAND DESCRIBED ABOVE, SAID LAND BOUNDED ON THE SOUTH BY THE SOUTH LINE OF THE ABOVE DESCRIBED PARCEL EXTENDED EASTERL Y BOUNDED ON THE NORTH BY THE NORTH LINE Of THE ABOVE DESCRIBED PARCEL EXTENDED EASTERL Y BOUNDED ON THE EAST BY THE MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN AND BOUNDED ON THE WEST BY THE EAST LINE OF SAID LOTS 2 AND 3 ~OREMENTIONED. PARCEL IV: LOTS 9, 10, '1, 12 AND NORTH 112 OF' LOT 8 AND THE NORTH 112 OF LOT 13, BLOCK 56 Of FISHER'S FIRST SUBDIVISION OF AlTON BEACH FLORIDA. A SUBDIVISION IN fRACTIONAL SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, AT PAGE 77, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. PARCEL V: BEGINNING AT THE NORTHEAST CORNER OF LOT 9, IN BLOCK 56 OF FISHER'S FIRST SUBDIVISION OF AlTON BEACH, AS THE SAME IS SHOWN MARKED AND DESIGNATED ON A PLAT OF SAID SUBDIVISION. RECORDED IN PLAT BOOK 2, AT PAGE 77, IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN .AND FOR DADE COUNTY, FLORIDA; THENCE RUN IN AN EASTERLY DIRECTION ALONG THE NORTH LINE OF LOT 9 OF BLOCK 56, PRODUCED TO THE HIGH WATER LINE Of THE ATLANTIC OCEAN; THENCE RUN IN A SOUTHERLY DIRECTION MEANDERING SAID HIGH WATER LINE A DISTANCE OF 76.05 FEET PLUS OR MINUS TO A POINT, SAID POINT BEING AT THE INTERSECTION OF' THE LAST MENTIONED COURSE WITH THE CENTER LINE OF LOT 8 OF BLOCK 56 PRODUCED TO THE HIGH WATER LINE OF THE ATLANTIC OCEAN: THENCE RUN IN A WESTERLY DIRECTION AlONG SAID CENTER LINE OF LOT 8, BLOCK 56 PRODUCED TO THE HIGH WATER LINE OF THE ATLANTIC OCEAN: THENCE RUN IN A WESTERLY DIRECTION ALONG SAID CENTER LINE OF' LOT 8, BLOCK 56 PRODUCED TO THE EAST LINE OF' BLOCK 56, AT ITS INTERSECTION WITH THE CENTER LINE OF LOT 8, IN BLOCK 56; THENCE RUN IN A NORTHERLY DIRECTION ALONG SAID EAST LINE OF' BLOCK 56, A DISTANCE OF' 76.05 FEET PLUS OR MINUS TO A POINT OF' BEGINNING. 2 of J4 '3 UU 6.~.. _""""U~"LW JJ~..Jvl\..L.J:' .1. J..un PARCEL/I: BEGINNING AT THE SOUTHEAST CORNER OF LOT 10, IN BLOCK 56 AS SHOWN 8,,- THE PLAT ENTITLED "FISHER'S FIRST SUBDIVISION Of ~ TON BEACH", S~D PLAT BEING RECORDED IN PLAT BOOI< 2, AT PAGE 77. Of THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA; RUN IN A NORTHERL Y DIRECTION ALONG THE EAST LINE OF SAID LOT 10, A DIST ANCE Or:- 50.7 FEET TO THE NORTHEAST CORNER 0;:- LOT 10; THENCE RUN IN AN EASTERL'( DIRECTION ALONG THE NORTH LINE OF SAID LOT 10. PRODUCED EASTERL'( TO THE HIGH WATER LINE OF THE ATLAN,I: OCEAN; THENCE RUN IN A SOUTHERL'( DIRECTION, MEANDERING SAID HIGH WATER LINE A DIST~CE OF '50.7 FEET,PLUS OR MINUS, TO A POINT; THENCE RUN IN A WESTERLY DIRECTION ALONG THE SOUTH LINE OF LOT 10. IN BLOCK 56, PRODUCED EASTERLY, TO THE POINT OF BEGINNING. PARCEL VII: THE SOUTH 1/2 OF LOTS 8 AND 1.3 AND ALL OF LOTS 7 ~D 14, LESS THE SOUTH 12.65 FEET OF SAID LOTS 7 AND 1., TOGETHER WITH THAT PIECE OF PARCEL OF LAND LYING BETWEEN THE NORTH AND SOUTH BOUNDARIES OF' SAID PROPERTY EXTENDING EASTWARD TO THE ATLANTIC OCEAN, ALL LYING AND BEING IN BLOCK 56. OF FISHER'S F'IRST SUBDIVISION OF ALTON BEACH, ACCORDING TO THE PLAT THEREOF', AS RECORDED IN PLAT BOOK 2, AT PAGE 77. OF' THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. PARCEL VIII: THAT PORTION OF' AVENUE C (AlK/A 16TH STREET) AS SHOWN IN FISHER'S FIRST SUBDIVISION OF' ALTON BEACH, RECORDED AT PLAT BOOK 2, AT PAGE 77, OF' THE PUBLIC RECORDS OF' DADE COUNTY, FLORIDA. AND ITS EASTERLY EXTENSION BOUNDED ON THE WEST BY THE EASTERLY RIGH:r-OF-WAY LINE OF COLLINS AVENUE AND BOUNDED ON THE EAST BY THE EROSION CONTROL LINE, ALL OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE, AT THE NORTHWEST CORNER OF LOT 11, BLOCI< 56, FISHER'S FIRST SUBDIVISION OF ALTON BEACH, PLAT BOOK 2, AT PAGE 77, OF' THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. S~D POINT BEING THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 00 MINUTES 49 SECONDS EAST ALONG THE NORTH LINE OF SAID BLOCK 56 N<lD ITS EASTERLY EXTENSION FOR A DIST N<lCE OF 576.20 FEET TO THE POINT OF INTERSECTION WITH THE EROSION CONTROL LINE OF' THE ATLANTIC OCEAN; THENCE NORTH 8 DEGREES 54 MINUTES 5.3 SECONDS EAST, ALONG THE EROSION CONTROL LINE FOR A DIST N<lCE OF 71.28 FEET TO THE POINT OF INTERSECTION WITH THE EASTERL Y EXTENSION OF THE SOUTH LINE OF BLOCK 55 OF' THE ABOVE MENTIONED FISHER'S FIRST SUBDIVISION OF At. TON BEACH; THENCE SOUTH 88 DEGREES 00 MINUTES 49 SECONDS WEST, ALONG THE SOUTH LINE Of SAID BLOCK 55 AND ITS EASTERL Y EXTENSION F'OR A DIST -'NCE or 577.88 FEET TO THE POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF'-WAY or COLLINS AVENUE; THENCE SOUTH 07 DEGREES .35 MINUTES O. SECONDS WEST,AlONG THE EASTERL Y RIGHT-OF-WAY LINE OF COLLINS AVENUE FOR A OIST ~CE OF' 70.98 FEET TO THE POINT or BEGINNING. 3 of fi3