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HomeMy WebLinkAboutAssignment and Assumption of Lease and consent to Assignment and Assumption of Lease between Massage of South Beach LLC and Kiaan Management LLCDocusi9n Envelope ID: 81eA0895-F9C1-W2-a0FBJC9A6258E472 �(� (O p "2 All',IIBAT. 10 fie u,EA,SnaEsmJIE F3moo]A,E IF Eo O l ASSIGNMENT AND ASSUMPTION OF LEASE AND CONSENT TO ASSIGNMENT AND ASSUMPTION OF LEASE THIS ASSIGNM T AND ASSUMPTION OF LEASE (the "Assignment'), is entered into on this � day of 2026. by and between MASSAGE OF SOUTH BEACH liab LLC, a Florida limited ility parry ("Assignor"), and KIAAN MANAGEMENT LLC, a Florida limited liability company ('Assignee"), whose principal address is 1820 N. Corporate Lakes Boulevard, Suite 206, Weston, Florida 33326. Any capitalized term used but not defined herein shall have the meaning given to such tern in the Lease. WITNESSETH, that for valuable consideration in hand paid by Assignee to Assignor, receipt of which is hereby acknowledged, Assignor and Assignee hereby agree, as follows: 1. Assignor hereby assigns to Assignee all right, title, and obligations in and to that certain Lease Agreement (as amended, the'Leasa") dated February 11. 20U by and between Assignor and the City of Miami Beach, Florida ('Landlortl' or "City') for approximately 1,802.89 square feet of City -owned property located at 1701 Meridian Avenue, Unit 2 (alkla 767 1 P" Street), Miami Beach, Florida 33139. The Lease is attached hereto as Exhibit A and incorporated herein by reference. 2. Assignor operates pursuant to that certain Franchise Agreement (the "Franchise Agreement') by and between ME SPE FRANCHISING, LLC, a Delaware limited liability company, as successor -in -interest to MASSAGE ENVY FRANCHISING, LLC ("Franchisor) and Assignor, dated November 19, 2018, which Franchise Agreement requires the Franchisor's consent to any assignment of the Lease. The Franchise Agreement is attached hereto as Exhibit B. 3. Assignee hereby accepts the assignment of the Lease and further assumes and agrees to perform all of the duties and obligations of Assignor under the Lease, and further agrees to be personally liable and subject to all conditions and restrictions to which Assignor is subject to under said Lease. 4. Notwithstanding the assignment to and assumption by Assignee of the Lease, Assignor shall remain personally liable for the full and faithful performance of the obligation, duties, and liabilities of the Tenant under the Lease, and further waives notice of any default or events of default under the Lease. 5. Assignor and Assignee further agree to remain jointly and severally liable with respect to the Lease for the entire term of the Lease, inclusive of any renewal terms. 6. Simultaneously herewith, Assignee shall furnish to the City's Risk Manager Certificates of Insurance or endorsements evidencing the insurance coverage as specified in the Lease. 7. Upon execution of this Assignment and the below Consent to Assignment and Assumption of Agreement, and for purposes of interpreting the Lease, all references to MASSAGE OF SOUTH BEACH LLC or Tenant in the Lease shall hereinafter be deemed to refer to KIAAN MANAGEMENT LLC. Dowsign Envelope ID', 81BA0895-F9C1-8842-80FB4C9AB258E472 8. Any future required notices by the Landlord to the Tenant shall be deemed duty served upon receipt if mailed to: HIMANI ARORA KIAAN MANAGEMENT LLC 1820 N. Corporate Lakes Blvd., Suite 206 Weston, Florida 33326 9. The undersigned parties agree that no warranties of any kind whatsoever are made incident to this Assignment. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) D06051ge Envelope ID'. SIBA0895-F9C1-8842-80FB4C9AB258E472 IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment on the day and year first above written. FOR ASSIGNOR: ATTEST: Witness Signature n Name: (��r L g �I Cc,, Data i�/2 2g2�o Witness Signature Name: L LacZ 5 —4-**t IjPSJV� Date: S.�I - 2.0 FOR STASSIGNEE: ATTEST: Witness Signature Name: Nirman Kad r,— 12/5/26 Jot,„ BacG,er Witness Signature John Bucher OS/12/26 MASSAGE OF SOUTH BEACH LLC By: Name: Jeff Unger Title: Manager MAAN MANAGEMENT LLC By Name: Himani Arora Title. Manager Docusign Envelope ID81BA0895-F9C 1-88C2-80FB C9AB258E472 CONSENT BY CITY TO ASSIGNMENT AND ASSUMPTION OF LEASE The City hereby acknowledges and consents to the above Assignment and Assumption of Lease, pursuant to Section 12 of the Lease, without warranties of any kind whatsoever being made incident to this Consent or the Assignment and Assumption of Lease. FOR CITY: ATTEST: �. G atiada FPBBBPOBFBSEICF Rafael E. Granado, City Clerk Date: 5126/20261 2:35 PM EDT CITY OF MIAMI BEACH, FLORIDA By: " IL Eric T. Carpente , City Manager APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION �City Atrorneyn Date Domeign Envelope ID: 818M895F9C1-804240FB4C9AB258E472 tome nqn � FJunEn•-SMENudE�YCWOUR4E0 CONSENT BY FRANCHISOR TO ASSIGNMENT AND ASSUMPTION OF LEASE The undersigned Franchisor hereby consents to the above Assignment and Assumption of Lease, as required pursuant to the Franchise Agreement described in the Assignment and Assumption of Lease. ATTEST: .1 ess Signat `Fe Name: Justin Cryder Date: 05/18/2026 WIthess Signature Name: Berenice Comon Dale: 05/18/2026 ME SPE Franchising, LLC 14350 N. 87^ Street, Suite 200 Scottsdale, Arizona 85260 Attn: President ME SPE FRANCHISING, LLC By: 7 � T " Name: Kristin Paiva Title: General Counsel Doaagn Envelope 10: 81BA9896Wl-8842- WB C9AB288E472 5mn¢ � W^10 FaM EPA SWER n8EF 39000YL ESGE� EMBIT A LEASE (adastled) Docusign Envelope ID 81 BA0898-F9C1-8842-8oFB3C9AB258E472 EXHIBIT e FRANCHISE AGREEMENT (attached)