Loading...
96-22176 RESO RESOLUTION NO. 96-22176 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN ASSIGNMENT AND ASSUMPTION OF LEASE FROM AMERICAN RIVIERA REAL ESTATE COMPANY, AS ASSIGNOR, TO AFFORDABLE LANDMARKS, INC., AS ASSIGNEE, FOR THE LEASED PREMISES LOCATED ON THE FOURTH FLOOR OF OLD CITY HALL, 1130 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA. WHEREAS, by Lease Agreement dated October 15, 1993, the City of Miami Beach (City) currently leases the premises located on the fourth floor of Old City Hall at 1130 Washington Avenue, to American Riviera Real Estate Company (Assignor); and WHEREAS, Assignor desires to assign and convey to Affordable Landmarks, Inc. (Assignee) all of its right, title and interest in and to the Lease Agreement; and WHEREAS, the City's consent, as Landlord, is required prior to the assignment ofthe Lease Agreement and the City herein desires to give such consent, subject to the terms and conditions set forth in the attached Assignment and Assumption of Lease Agreement. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve and authorize the Mayor and City Clerk to execute the attached Assignment and Assumption of Lease from American Riviera Real Estate Company, as Assignor, to Affordable Landmarks, Inc., as Assignee, for the leased premises located on the fourth floor of Old City Hall, 1130 Washington Avenue, Miami Beach, Florida. PASSED AND ADOPTED this23rdday of Octo r ,1996. tu,.iiVi APFt~G 'J '..!J ATTEST: v 0 ~t rQ;\;~ CITY CLERK C:\ WPWIN60\ WPDOCS\RESOLUTN\AMERRIVI.ASG By _ r ~.~.C .-L.!: ~f ~Z CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO: <.o50.Q(" DATE: OCTOBER 23, 1995 FROM: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION MURRAY H. DUBBIN, CITY ATTORNEY~ 1rW JOSE GARCIA-PEDROSA, CITY MANAGER ~ ASSIGNMENT AND ASSUMPTION F EASE FROM AMERICAN RIVIERA REAL ESTATE COMPANY, AS ASSIGNOR, TO AFFORDABLE LANDMARKS, INC. AS ASSIGNEE, FOR THE FOURTH FLOOR PREMISES LOCATED AT OLD CITY HALL. TO: SUBJECT: American Riviera Real Estate Company currently leases the fourth floor premises at Old City Hall, located at 1130 Washington Avenue, Miami Beach, Florida, subject to a Lease Agreement approved by the Mayor and City Commission and dated October 15, 1993. The current Lessee now wishes to assign all of its rights and interest to the Lease Agreement to Affordable Landmarks, Inc. As part of the attached Assignment and Assumption of Lease Agreement, Affordable has not only agreed to assume all of the Lessee's rights and responsibilities pursuant to the October 15, 1993 Lease Agreement, but has also agreed to pay the amount of $24,009.68, said amount constituting the total back rent and common area maintenance charges owed by the Lessee. Pursuant to the Lease Agreement, any sublease or assignment of the leased premises is subject to the prior approval of the Mayor and City Commission. The Adminstration . and City Attrorney's Office would jointly recommend that the Mayor and City Commission herein approve the attached Assignment and Assumption of Lease Agreement and authorize the Mayor and City Clerk to execute same, subject to the full amount of $24,009.68 being received and deposited by the Administration. RJA/bfg C, \WPWIN60\WPDOCS\COMMMEMO .RJA \AMERRIVI .ASG Agenda Item R 1 E Date I b - 2- ~ -'l.k- ASSIGNMENT AND ASSUMPTION OF LEASE THIS ASSIGNMENT, ASSUMPTION AND MODIFICATION OF LEASE is made and entered into this 23rd day of October, 1996, by and between American Riviera Real Estate Company, a Florida corporation (the "Assignor"), Affordable Landmarks, Inc., a Florida corporation (the "Assignee"), and City of Miami Beach, a Florida municipal corporation (the "Landlord"). RECITALS 1. By Lease Agreement dated October 15, 1993 (the "Lease"), Landlord leased premises described therein (the "Premises") to American Riviera Real Estate Company, a Florida corporation, as assignee of Night Vision, Inc. c/o Centaur Realty Org. Inc., a Florida corporation, on the terms and conditions set forth therein. A true copy of the Lease is attached hereto as Exhibit A. 2. Assignor desires to assign and convey to Assignee all of its right, title and interest in and to the Lease and the Premises to Assignee, and Assignee desires to assume all of the Assignor's obligations thereunder. 3. Assignor and Landlord agree that $24,009.68 is owed by the Assignor to the Landlord pursuant to the terms of the Lease. Assignor, Assignee and Landlord have agreed that Assignee will pay such amount as additional rent hereunder upon execution of this instrument by the City. 4. Landlord's consent is required prior to the assignment of the Lease and Landlord desires to give such consent. 5. Landlord and Assignee desire to include and provide for the use of a total of six (6) parking spaces previously designated to Assignor by the Assignee. AGREEMENT NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: (a) Assignor does hereby transfer, assign, set over and quitclaim to Assignee, all of Assignor's right, title and interest in and to the Lease and the Premises, including Assignor's security deposit in the amount of $3,378.28, plus interest accrued thereon. (b) As additional rent under the Lease and in satisfaction of all obligations owed by the Assignor to the Landlord prior to the date hereof, Assignee will pay to Landlord one payment of $24,009.68 upon execution of this instrument by the City's representative. (c) Assignee hereby accepts the assignment of the Lease and assumes all of the Assignor's obligations thereunder. (d) Landlord hereby consents to the assignment of the Lease to Assignee and hereby releases Assignor from its obligations under the Lease. (e) Landlord shall continue to provide to Assignee as it did for Assignor a total of six (6) dedicated parking spaces for the Assignee's use in the parking garage located adjacent to the Premises. IN WITNESS WHEREOF, Assignor, Assignee and Landlord have caused this instrument to be executed as of the day and year first above written. ASSIGNOR: -tA~ W- Print Name: "BEnt Sl.AJI:U"" ~~~..::~~,s AMERICAN RIVIERA REAL ESTATE COMPANY, a Florida corporation ~~~~ jJ);oJ~.e.u. Title: Me..Tfk;t ASSIGNEE: ':rh J:)t~+ , rint name: ~E.1'1-I SWEeT ~~.. Print name: C/.lct\..L ..,.,.) c;.s AFFORDABLE LANDMARKS, INC., a Florida corporation By: ~~ Robert F. Saland, President LANDLORD: A TrEST: rd~~ By: fw-~ By: .-uRiVi APPRG \J ;jj LEGAL DEPT. :Y\,2~- CITY OF MIAMI BEACH, a Florida nicipal corporations City Clerk, Robert Parcher 2