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<br />@@[P)W <br /> <br />This instrument prepared by, or under the supervision of (and <br />after recording, return to): <br /> <br />Gary A. Saul, Esq. <br />Greenberg Traurig, P.A. <br />1221 Brickell Avenue <br />Miami, FL 33131 <br /> <br />(Reserved for Clerk of Court) <br /> <br />SECOND AMENDMENT TO BEACH ACCESS EASEMENT AGREEMENT <br /> <br />THIS SECOND AMENDMENT is made as of the1!1 day of -.1J~ ,2000 by and <br />between OCEAN TWO LIMITED PARTNERSHIP, a Florida limited partnership ("Ocean Two"), and <br />THE CITY OF SUNNY ISLES BEACH, a municipal corporation existing under the law of the State of <br />Florida ("Grantee"), to that certain Beach Access Easement Agreement dated December 17, 1998, <br />recorded June 14,1999 in Official Records 18650, Page 1858 of the Public Records of Miami-Dade <br />County, Florida, as amended by that certain Amendment to Beach Access Easement Agreement <br />dated April 27, 2000, recorded May 3. 2000 in Official Records 19094, Page 4971 of the Public <br />Records of Miami-Dade County, Florida (as amended, the "Easement Agreement"). Unless the <br />context otherwise requires. any capitalized term not defined but used herein shall have the meaning <br />given to it in the Easement Agreement. <br /> <br />R E C I TAL S: <br /> <br />A. Grantee entered into the Easement Agreement with Castel ita Investment Corp., a <br />Delaware corporation, M & N Properties, L.L.C., a Florida limited liability company, Dezer Properties <br />291 L.L.C., a New York limited liability company, Michael Dezertzov and Neomi Dezertov <br />(collectively, "Grantor"). <br /> <br />. <br />B. Subsequent to the execution and delivery of the original Easement Agreement (and <br />prior to its amendment), Grantor conveyed the Project to Ocean Two. <br /> <br />C. Ocean Two and Grantee now desire to amend the Easement Agreement in the <br />manner hereinafter set forth. <br /> <br />NOW, THEREFORE, in consideration of Ten and No/100 Dollars and for other good and <br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do <br />hereby agree to the following: <br /> <br />1. The legal description of the Easement Parcels (as defined in the Easement <br />Agreement) is hereby substituted and replaced in its entirety by that which is attached to and made a <br />part of this Amendment as Revised Exhibit "B" (the "Corrected Easement Parcels"), to correctly note <br /> <br />EXHIBIT A <br />