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<br />9. Any unpaid charges due for waste, water and sewer services. <br /> <br />C. SPECIAL EXCEPTIONS: <br /> <br />1. Restrictions, dedications and easements set forth on the Plat of AMENDED PLAT OF NORTH <br />BISCA YNE BEACH, recorded in Plat Book 44, Page 42 of the Public Records of Miami-Dade <br />County, Florida. <br /> <br />2. The rights, if any, of the public to use as a public beach or recreation area any area of the land <br />lying between the body of water abutting the subject property and the natural line of vegetation, <br />the bulkhead line, the most extreme high water line or any other legally established boundary line <br />separating the publicly used area from the upland private area. <br /> <br />3. 99 Year Lease filed April 20, 1956 and recorded in Deed Book 4259, Page 212, as modified by <br />Modification of Ninety-Nine Year Lease filed March 16, 1971 in Official Records Book 7151, <br />Page 106, refiled March 23, 1971 in Official Records Book 7159, Page 554. Through mesne <br />assignments, the lessee's interest thereunder was assigned to American Motel Corp. of Miami <br />Beach, by instrument filed December 30, 1959 in Official Records Book 1823, Page 426, and to <br />American Motor Hotels Corp. by instrument filed March 15, 1971 in Official Records Book <br />7149, Page 494. American Motor Hotels Corp. has merged into Chaves Construction Co. Of <br />Miami. Said Lease has been assigned to DP Colonial, L.L.C. by virtue of that certain <br />Assignment of Lease recorded June 11, 1997 in Official Records Book 17673, Page 2482, all of <br />the Public Records of Miami-Dade County, Florida. <br /> <br />4. 99 Year Lease filed June 26, 1951 and recorded in Deed Book 3458, Page 393, as modified by <br />Agreement filed under Clerk's File Number AA-78906 in Deed Book 3472, Page 287 and by <br />Modification of Ninety-Nine Year Lease filed February 6, 1973 in Official Records Book 8116, <br />Page 30. Through mesne assignments, the lessee's interest thereunder was assigned to American <br />Motor Hotels Corp., by instrument filed January 8, 1965 in Official Records Book 4431, Page <br />281 and by instrument filed March 15, 1971 in Official Records Book 7149, Page 494. Said <br />Lease has been assigned to DP Colonial, L.L. C. by virtue of that certain Assignment of Lease <br />recorded June 11, 1997 in Official Records Book 17673, Page 2482, all of the Public Records of <br />Miami-Dade County, Florida. <br /> <br />5. DCC-l recorded June 11, 1997 in Official Records Book 17673, Page 2510 of the Public Records <br />of Miami-Dade County, Florida. <br /> <br />6. Assignment of Leases and Rents recorded June 11, 1997 in Official Records Book 17673, Page <br />2486 of the Public Records of Miami-Dade County, Florida. <br /> <br />7. Subordination Agreement recorded June 11, 1997 in Official Records Book 17673, Page 2514 of <br />the Public Records of Miami-Dade County, Florida. <br /> <br />8. Memorandum of Option Agreement recorded October 31, 1997 in Official Records Book 17850, <br />Page 3942 of the Public Records of Miami-Dade County, Florida. <br /> <br />9. Florida Pay Phone Systems, Inc. Royalty Lease Agreement recorded April 6, 1998 in Official <br />Records Book 18048, Page 2564 of the Public Records of Miami-Dade County, Florida. <br /> <br />-2- <br />