Amended
Lease Termination, Release And Xxxx of Sale Agreement
This Agreement ("the Agreement") is entered into this 2nd day of January,
1999, by and between FOUR FLORIDA SHOPPING CENTER'S PROPERTIES LIMITED
PARTNERSHIP, a Delaware Limited Partnership, by X. X. Xxxxx, Florida Properties
Management, Inc., its General Partner (hereinafter "Landlord"), of 0000 Xxxx
Xxxxx Xxxx, Xxxx Xxxxx, Xxxxxxx 00000 and Explorations of Boca Raton, Inc.
(hereinafter "Tenant") of 00000 Xxxxxxxxxx Xxxxx, Xxxx Xxxxx, Xxxxxxx 00000
(hereinafter collectively referred to as "The Parties").
Whereas, the Parties entered into a lease in or about July, 1997 for
premises known as May 32A consisting of approximately 12,385 square feet, with a
street address of 00000 Xxxxxxxxxx Xxxxx Drive, located in Xxxxxxxxxx Xxxxxx,
Xxxx Xxxxx, Xxxxxxx 00000 (hereinafter called "Lease") and
Whereas, the parties are desirous of terminating this Agreement for the
Leased Premises and
Whereas, Tenant is desirous of transferring to Landlord in return for
termination of said Lease and release of any and all liability certain property
owned by Tenant and
Whereas, Tenant is desirous of releasing Landlord from any liability.
Now, Therefore, in consideration of the mutual premises contained herein
the Parties agree as follows:
1. Landlord hereby releases Tenant including Tenant's officers,
Directors, and Shareholders from any and all liability to Landlord
relating to the Landlord/Tenant relationship created by and between
them.
2. Tenant hereby releases the Landlord, its Officers, Directors, and
Shareholders from any and all liability relating to the
Landlord/Tenant relationship between them,
3. Landlord and Tenant hereby terminate the Lease for the demised
premises and forfeit the security deposit to Landlord.
4. Tenant agrees to vacate the leased premises and deliver the keys to
the premises to Landlord at Landlord's office at the address above on
Monday, January 15, 1999 January 15, 1999 before 10:00 a.m.
5. Tenant further transfers to Landlord all of Tenant rights, title and
interest in all restaurant equipment located in the premises,
countertops, display cases, tables, chairs and any other property at
the leased premises, with the exception of arcade games and Coca Cola
machines, free and clear of any claim or lien. Tenant has the option
of removing the soft play structure and dinghy for a period of 14 days
from the date of execution of this Agreement but not later than
February 5,1999. Landlord will allow Tenant access to the premises to
remove these items upon reasonable notice to Landlord during
Landlord's normal business hours (Monday through Friday 8:30 a.m. to
5:30 p.m.). In the event Tenant does not remove said items they shall
become the property of the Landlord.
WITNESS: TENANT: Explorations of Boca Raton, Inc.
by and through its President
______________________ By: /s/ Xxxxxxxx Xxxxxx /s/
Xxxxxxxx Xxxxxx/President
----------------------
LANDLORD: Four Florida Shopping Centers
Properties Limited Partnership,
& Delaware Limited Partnership
______________________ By: /s/ Xxxxxxxx Xxxxxx /s/
Deseniox Xxxxxx, Authorised Agent for
X. X. Xxxxx Florida Properties
______________________ Management, Inc., General Partner
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