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Termination and Release of Restrictive Covenant
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<br />Reserved for Recording
<br />THIS TERMINATION AND RELEASE OF RESTRICTIVE COVENANT is made as
<br />of the �_ day of (�OVE��� ; 2020, by Lloyd Bennett438 Poinciana Island Drive, Unit 1635
<br />("Prior Owner") and Beatriz C. Zahlene, 357 Poinciana Island Drive, Unit I I I I ("Owner") and CITY
<br />OF SUNNY ISLES BEACH, a political subdivision of the State of Florida, having an address of 18070
<br />Collins Avenue Sunny Isles Beach, FL 33160 (the "City"), for the express purpose of terminating and
<br />forever releasing and discharging the "Restrictive Covenant" (as hereinafter defined).
<br />RECITALS
<br />WHEREAS, Prior Owner and Owner, recorded a Declaration of Restrictive Covenants in Lieu
<br />of Unity of Title on August 22, 2019 in Official Records Book 31580, Page 204-207, Public Records
<br />of Miami Dade County, Florida (the "Restrictive Covenant"), against the real property legally
<br />described on Exhibit "A", attached hereto and made a part hereof (the "Property") in connection with
<br />their plans to develop the Property as a joint private docking facility; and
<br />WHEREAS, at the time of the recordation of the Restrictive Covenant, Prior Owner held title in fee
<br />simple in and to the real property to dock slip 438, as legally described on Exhibit "A"; and
<br />WHEREAS, on July 9, 2020, Prior Owner granted a Quit Claim Deed to Timothy R. Mullen,
<br />434 Poinciana Island Drive, Unit 1626 ("Current Owner") of Prior Owner's right, title, interest, claim
<br />and demand which Prior Owner had in dock slip 438, as more particularly described in Exhibit "A",
<br />recorded on July 22, 2020, in Official Records Book 32016, Page 3204, Public Records of Miami
<br />Dade County; and
<br />WHEREAS, as a result of the Quit Claim Deed referenced above, the Restrictive Covenant
<br />needs to be released, and a new Restrictive Covenant will be recorded binding the Owner and Current
<br />Owner to the terms contained therein; and
<br />WHEREAS, Prior Owner and Owner now desire to terminate the Restrictive Covenant,
<br />which by its terms cannot be extinguished or terminated without the written approval of the City
<br />Commission of the City of Sunny Isles Beach; and
<br />WHEREAS, the City has agreed to consent and allow the termination, release and discharge
<br />of the Restrictive Covenant; and
<br />NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and
<br />sufficiency of which are hereby acknowledged, Prior Owner, Owner, and City, intending to be
<br />legally bound, do hereby agree as follows:
<br />1. The foregoing recitals are true and correct and are incorporated herein by this reference
<br />as if repeated at length.
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