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Home My WebLink About27 Partial Release of Lease Agr @) This instrument prepared by and after recording should be returned to; Matthew B. Gorson, Esq. Greenberg Traurig, P .A. 1221 Brickell Avenue Miami, Florida 33131 (8 ace Reserved for Clerk of Court) PARTIAL RELEASE OF MARINA LEASE AGREEMENT WHEREAS, the City of Miami Beach, a Florida municipal corporation ("Lessor") and Miami Beach Marina Associates, Ltd., a Florida limited partnership ("Lessee") as successor by assignment to Tallahassee Building Corp., a Delaware corporation ("TBC"), are parties to a certain Lease Agreement dated June 24, 1983, as amended from time to time, evidenced among the public records by: (i) Short-Form Lease dated August 19, 1983 and recorded November 9, 1983 in Official Records Book 11963, at Page 1143, (ii) Memorandum of Lease Amendments recorded May 29, 1997 in Official Records Book 17656, at Page 4709, (iii) Assignment and Assumption Agreement by and between TBC and Lessee recorded June 11, 1997 in Official Records Book 17673, at Page 2830, (iv) Quit-Claim Deed given by TBC to Lessee recorded June 11, 1997 in Official Records Book 17673, at Page 2840, (v) Third Amendment to Marina Lease Agreement recorded June 11, 1997 in Official Records Book 17673, at Page 2846, and (vi) Fourth Amendment to Marina Lease Agreement recorded December 15, 1998 in Official Records Book 18391, at Page 4862, all of the Public Records of Miami-Dade County (formerly Dade County), Florida (collectively, the "Marina Lease"); and WHEREAS, Lessor and Lessee desire to amend the Marina Lease to remove and release a portion of real property from the premises subject to the Marina Lease. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. reference. The foregoing recitals are true and correct and are incorporated herein by this 2. Lessor and Lessee hereby amend the Marina Lease to remove and release that certain real property more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Release Property") from the premises SUbject to the Marina Lease, and accordingly, the Marina Lease (including, without limitation, all of the terms and conditions thereof) shall no longer burden, encumber or otherwise affect the Release Property. 3. Nothing herein shall be deemed to otherwise amend or invalidate the Marina Lease with respect to the remaining portion of the property subject to the Marina Lease not hereby released therefrom. [Executions and AcknowledgmentAppear on Following Page] -2- IN WITNESS WHEREOF, Lessor and Lessee has hereunto set its hand and seal as ofthe 19'" day of April, 1999. Signed, sealed and delivered in the presence of: MIAMI BEACH MARINA ASSOCIATES, LTD., a Florida limited partnership Pri~,-., ~~!I./Jg1f.iNNfIE By: SoBe Marine, Inc., a Florida corporation, its general partner [CORPORATE SEAL] STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me thiS~Pril, 1999, by Robert W. Christoph, as President of SoBe Marine, Inc., a Florida corporation, the general partner of Miami Beach Marina Associates, Ltd., a Florida limited partnership, on behalf of the corporation an~~e personally appeared before me, is personally known to me or produced _ _ ~ as identification. ~ 0;;;::::- Nota~. " [NOTARIAL SEAL] ----E'J:[ltNam . .. Notary ubi ie, State of Florida My commission expires: OFFICIAL NOT ARYSEAL DIANNE CAPESTANY NOTARY PUBUC Sf ATE OF FLORIDA COMMISSION NO. CC669787 , MY COMMISSION EXP. AUG. 12 1 - 3- ~~ p"IN.me, . , _:- :-:0- P""N~ CITY OF MIAMI BEACH, a Florida municipal :-_0 ~Iu Name: Neisen O. Kasdin Title: Mayor Attest: ~JJrwk Name: Robert Parcher Title: City Clerk STATE OF FLORIDA ) )SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this ~ ~ay of April, 1999, by Neisen O. Kasdin, as Mayor of City of Miami Beach, Florida, a Florida municipal corporation, on behalf of the corporation. He personally appeared before me, is personally known to me or produced - as identification. [NOTARIAL SEAL] . ~ Notary: PrintNa~ Notary Public, State of Florida My commission expires: r~ U- U..t:f2_ OFFICIAL NOTARY SEAL ULL!AN BEAUCHAMP NarARY pUllUC Sf ATE OF FLORIDA COMMlSSION NO CC73ll,'T MY COMMISSION EX~ AP,,'><" OFFIOALNOTARYSEAL ULLIAN BEAUCHAMP NOTARY PUBUC Sf ATE OF FLORIDA COMMlSsION NO. CC738372 MY COMMISSION EXP. APR. 29,2002 APPROVED AS TO FORM & lANGUAGE & FOR execUTION ~/ffQfL ity AfIomey ~/q~ 0aIe -4- JOINDER AND CONSENT The undersigned, ORIX USA CORPORATION, a Delaware corporation, as successor by assignment to Heller Financial, Inc. pursuant to a certain assignment recorded in Official Records Book 18391, at Page 4881, as the owner and holder of a leasehold mortgage encumbering the Marina Lease recorded in Official Records Book 17673, at Page 2862 and modified by that certain Leasehold Mortgage Consolidation and Modification Agreement recorded in Official Records Book 18391, at Page 4891, all of the Public Records of Miami-Dade County, Florida, and other security documents given by Lessee in connection therewith (collectively, the "Loan Documents"), hereby joins in and consents to the foregoing Partial Release of Marina Lease Agreement and the removal and release of the Release Property from the terms and conditions of the Marina Lease. The undersigned further acknowledges and agrees that the Release Property is discharged of and from the lien and encumbrance of the Loan Documents and every part thereof. OR IX USA CORPORATION, a Delaware corporation ~JG~ $ki;ft1~ Print Na~e':1 ~#i;r Title: \ ~ [CORPORATE SEAL] Print Name: STATE OF GEORGIA ) ) SS: COUNTY OF FULTON ) LI The foregoing instrument was acknowledged before me this J.l day of April, 1999, by gn~ ~(:tI.-tVl.'-.! , as Vice President of ORIX USA CORPORATION, a Delaware corporatio . Hejshe personally appeared before me, is personally known to me or produced Chi V e..(\.r ~C\lk.~~ as identification. Nolo", &~ ~ [NOTARIAL SEAL] Print Name: ...gold /..t ~ e.a..r-I- Notary Pu.bli~, State. of Ge9rgt ') I) My commiSSion expires: ~ l< _ Jd CIl C0~ ( , . JOINDER AND CONSENT The undersigned, the Miami Beach Redevelopment Agency (the "Agency"), hereby joins in and consents to the foregoing Partial Release of Marina Lease Agreement for the purpose of acknowledging its consent and agreement to the removal and release of the Release Property from the terms and conditions of the Marina Lease. THE MIAMI BEACH REDEVELOPMENT AGENCY, a Florida public agency organized and existing pursuant to the Community Redevelo ment Act of 1969, . Chapter 163, Part III Florida Statutes, as amended C ~{? By; Title: Chairman Print ame: ~. .1 . Attest: f ().Iv~ Name: R bert Parcher Title: Secretary STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this~~ of May, 1999, by Neisen O. Kasdin, as Chairman of the THE MIAMI BEACH REDEVELOPMENT AGENCY, a Florida public agency organized and existing pursuant to the Community Redevelopment Act of 1969, Chapter 163, Part III, Florida Statutes, as amended. He appeared before me, is personally known to me or produced as identification. - - . OFFIOALNOTARYSEAL ULLlAN BEAUCHAMP NCJfARYpUllUC Sf ATE OF FLORIDA COMMlSSION NO. CC7!Z372 MY COMMISSION EXP. APR. 29,2002 ~jJ~~:~t'~ Notary Public, State of Florida Commission No. r.c.. 7 ~~"L- My Commission Expires: - -~'-- [NOTARIAL SEAL] APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 41; /JIJa4 S:;;D~oIe' '1j (Jl~~ment Agen~ f~~nerol Cou.,~~': ! .. . . . . EXHIBIT "A" LEGAL DESCRIPTION SSDI NORTH PARCEL Lots 30 through 42, inclusive, in Block 111, of OCEAN BEACH FLORIDA ADDITION NO.3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Dade County, Florida, together with the accretions thereto. ALSO: Lots 43, 44, 45, 46, 47, 48A, 49B and 50C of DADE COUNTY PROPERTY, according to the Plat thereof recorded in Plat Book 14, at Page 70, of the Public Records of Dade County, Florida, together with the accretions thereto.