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I C -FN 2014RO X30013 OR Bk 29013 P95 1229 - 1231; (3x35) RECORDED 01 /31/2014 14:30 :32 DEED DOC TAX 0.60 SURTAX 0.45 HARVEY RUVINr CLERK. OF COURT MIAMI -DADE COUNTYr FLORIDA Prenared by and return to: Hans Ottinot, City Attorney City of Sunny Isles Beach 18070 Collins Ave. 4h Floor Sunny Isles Beach, FL 33160 FIRST AMENDMENT TO PERPETUAL OPEN SPACE EASEMENT THIS FIRST AMENDMENT TO THE PERPETUAL OPEN SPACE EASEMENT (the "Amendment') is made and entered into as of this L'day of 0 c1013 p r- , 2013, by and between OCEAN RESERVE CONDOMINIUM ASSOCIATION, INC., a Florida corporation not for profit, ("Grantor ") whose address is 19370 Collins Avenue, Sunny Isles Beach, Florida, 33160, and the CITY OF SUNNY ISLES BEACH, a municipal corporation existing under the laws of the State of Florida ("Grantee "), having an address of c/o City Manager, 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160. RECITALS: WHEREAS, Grantor entered into that certain Perpetual Open Space Easement dated March 3, 2009, between Ocean Reserve Condominium Association, Inc., and the City of Sunny Isles Beach, as recorded in O.R. Book 26879 Pages 1166 -1169 of the public records of Miami - Dade County, Florida (the "Easement'); and WHEREAS, Grantor is the condominium association for that certain mixed -use condominium known as Ocean Reserve Condominium and described in the Declaration of Condominium of Ocean Reserve Condominium recorded in O.R. Book 24224, Page 2071, of the public records of Miami -Dade County, Florida (the "Condominium "); and WHEREAS, pursuant to the Easement, Grantor granted to the Grantee a perpetual open space easement for the limited purpose of preserving open space over and across the Easement Area in connection with the construction and use of a public park by and for Grantee on real property abutting the Easement Area, and all other related lawful public purposes provided for by Chapter 166, Florida Statutes; and WHEREAS, Grantor and Grantee have agreed that the Easement may be modified pursuant to the terms stated herein. NOW, THEREFORE, Grantor, in consideration of Ten Dollars ($10.00), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: