Termination of Agreement
..,
45
Prepared by and return to:
Joseph M. Hernandez, Esq.
Greenberg Traurig, P.A.
1221 Brickell Avenue
Miami, Florida 33131
TERMINATION OF AGREEMENTS
WHEREAS, Di Lido Beach Hotel Corporation, a Florida corporation ("DBH") is the
holder of fee simple title to the real property described in Exhibit "A" attached hereto (the
"Property"); and
WHEREAS, Harry Sirken and Sarah Sirken, his wife (collectively, "Sirken") are the
former holders of fee simple title to the Property and Thomas Corporation, a Florida corporation
("Thomas") formerly held a leasehold interest in the Property pursuant to that certain Ninety-
Nine Year Lease dated as of January 5,1949, recorded in Deed Book 3167, at Page 588 (the
"Ground Lease"); and
WHEREAS, DBH acquired Sirken's fee simple interest in the Property by deed and
acquired Thomas' leasehold interest by assignment pursuant to that Assignment of Lessee's
Interest in Ninety-Nine Year Lease dated as of June 30, 1971, recorded in Official Records Book
7280, at Page 781, of the Public Records of Miami-Dade County, Florida; and
WHEREAS, DBH executed that Certificate Acknowledging Merger and Extinguishment
of Outstanding Ninety-Nine Year Lease, dated as of June 30, 1971, recorded in Official Records
Book 7280, at Page 785, of the Public Records of Miami-Dade County, Florida, to acknowledge
and confirm the extinguishment of the Ground Lease and the merger of the interests formerly
held by Sirken and Thomas; and
WHEREAS, prior to the acquisition of the Property by DBH, Sirken and Thomas entered
into (i) that certain Agreement with The City of Miami Beach, a municipal corporation (the
"City"), dated as of July 24, 1949, recorded under Clerk's File No. Y-63658 in Deed Book 3169,
at Page 17, regarding the approval by the City of a canopy which was to be installed on a
building on the Property (the "Canopy Agreement"); and (ii) that certain Agreement with the
City, dated as of July 28, 1949, recorded under Clerk's File No. Y-63674 in Deed Book 3169, at
Page 258, regarding a ten-foot internal set back on the Property (the "Setback Agreement"); and
WHEREAS, DBH and the City are desirous of terminating the Canopy Agreement and
the Setback Agreement.
...
NOW THEREFOR, DBH and the City hereby agree that Canopy Agreement and the
Setback Agreement are hereby terminated and of no further force or effect.
Executed this _ day of September, 1999
DI LIDO BEACH HOTEL CORPORATION,
a Florida corporation
By:
Name: Bruce Lazar
Title: Vice President
Name:
Name:
a mumclp
MI BEACH,
tion
By:
Neisen O. Kasdin, Mayor
A.e-
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this _ day of September,
1999 by Bruce Lazar, as Vice President ofDi Lido Beach Hotel Corporation, a Florida
corporation, on behalf of the corporation. He is personally known to me or has produced a
driver's license as identification and did take an oath.
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this 9 ~ day of September,
1999 by Neisen O. Kasdin, as Mayor of The City of Miami Beach, a municipal corporation, on
behalf of the City. He is personally known to me or has produced a driver's license as
identification and did take an oath. ~d ~ ."
i~\.:;tr~~ Ruth Rubl APPROVED AS TO
~("i!i.'~ ):~ MY COMMISSION /I CC624373 EXPIRES FORM & LANGUAGE
~~.~.".; April 25, 2001
MIAMIIHERNANDEZJ/l 074058/nOqyOl w&JAiMS/99 BONOEOTHRU TROY FAIN INSURANCE,INC. & FOR EXECUTION
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