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96-21955 RESO RESOLUTION NO. 96-21955 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN ASSIGNMENT OF THE LEASE AGREEMENT BETWEEN THE CITY AND THE MIAMI BEACH JEWISH COMMUNITY CENTER, INC. (JCC), FOR THE RONALD W. SHANE WATERSPORTS CENTER, LOCATED AT 6500 INDIAN CREEK DRIVE; SAID ASSIGNMENT FROM THE JCC TO MIAMI BEACH W ATERSPORTS CENTER, INC., A NOT -FOR-PROFIT ENTITY. WHEREAS, on November 20, 1991, the City entered into an Amended and Restated Lease Agreement with the Miami Beach Jewish Community Center, Inc. (JCC), a private, not-for-profit corporation, for the operation of the rowing facility known as the Ronald W. Shane Watersports Center (Watersports Center) located at 6500 Indian Creek Drive (Agreement); and WHEREAS, in light of the tremendous growth and potential for future growth of the Watersports Center, the City and the JCC have determined that the operations and management of the Center can best be improved with the formation of a separate, not-for-profit corporate entity which would be an Internal Revenue Code 509(a)(3),whose mandate would be to operate the Watersports Center; and WHEREAS, it is the intent of the City and the JCC that the new entity's Board of Directors be drawn from a wide circle of community leaders, including a representative of the City, which would be able to have a more hands-on management of the Watersports Center to insure its continued growth and benefit to the community; and WHEREAS, pursuant to the terms of the Agreement with the City, an assignment of the Agreement to the new entity, to be known as Miami Beach Watersports Center, Inc., requires the prior consent of the City. 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 an assignment of the Lease Agreement, between the City and the Miami Beach Jewish Con~munity Center, Inc. (lCC), for the Ronald W. Shane Watersports Center, located at 6500 Indian Creek Drive; said assignment from the JCC to Miami Beach Watersports Center, Inc., a not-for-profit entity, which shall hereinafter operate the Watersports Center. PASSED AND ADOPTED this17thday of ,1996. ATTEST: ~olutt r~lk CITY CLERK c:\ WPWIN60\ WPDOCS\RESOLUTN\JEWISHCC.LES t- if: f! /')pr-..,..."" \ , " f\! ,.'J Ii U "'. U LEGAL DEPT. By -# lta1/~ Date ~d/i[-.^^. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ~ ~ 4-CJ L TO: Mayor Seymour Gelber and Members of the City Commission DATE: April 17, 1996 FROM: Jose GarCia-pedrosl! City Manager A RESOLUTION AP OVING THE ASSIGNMENT OF THE LEASE AGREEMENT WITH THE MIAMI BEACH JEWISH COMMUNITY CENTER, INC., (uJCC") TO MIAMI BEACH WATERSPORTS,INC., FOR CERTAIN PARKING LOT FACILITIES LOCATED AT 65TH STREET AND INDIAN CREEK DRIVE TO OPERATE A ROWING CENTER SUBJECT: ADMINISTRATION RECOMMENDATION Approve the Resolution. BACKGROUND On December 14, 1988, the City, as lessor, entered into an agreement with the Miami Beach Jewish Community Center, Inc., (JCe) a private not-for-profit Corporation registered in the State of Florida, for the parking facility located at 65th Street and Indian Creek Drive to operate a rowing facility (Ronald Shane Watersports Center). On November 20, 1991, this lease was amended and restated to provide for the construction of a facility to house the rowing center and to extend the term of the lease twenty (20) years, to expire on May 21,2011. The City received a request from the lCC stating that they were in the process of reorganizing and that a new not-for-profit corporation, Miami Beach Watersports Center, Inc., was being established to operate and maintain the Ronald Shane Watersports Center. As a result, the JCC was requesting that the City authorize the assignment of the lease from to Miami Beach Watersports Center, Inc. Section 12 - ASSIGNMENT of the Amended and Restated Agreement requires the written consent of the City prior to any assignment, transfer, or sublease, etc. CONCLUSION Assignment of the Lease Agreement to the Miami Beach Watersports Center, Inc., a not-far-profit corporation, will have no material effect on the intent and purpose of the original and restated leases. JI~~ PFL:me AGENDA ITEM ~~ .t./-" -qL, DATE 1d4/25/9'7 02:05 U.M. DEPT. OF BUSINESS SERVICES ~ 3052845063 NO. 018 ~05 , ~ '.~ ASSIONMENT OF LIAS! This ASSIGNMENT OF LEASE a. of made ~ 1991 by W 0 T (AAa.igno;o"), who.e adareli5s. is: 42~~ pi~~ Tree Drive. Miami Beach. Florida ~)l'O . and MIAMI BEACH WATER-SPORTS CBNTE~. n~c.. a Plorida ~%t f;r ~~~~o~tioi ("1\ssiiTt.."), whQ,. addresse. iSI 6500 tnd1an Creels Drive, Miami Be4~bt~o~ida 33141. . WHEREAS, A$$~gnor is the lessor of tha~ certain Lease a~re.m.nt with the University of Miami as 1.ssas dated NovQmber 2.S. 1991. (I'Leaaen), concerning the following described -r~a.l prop.rty( IIpropertyll) located in DADE county, Florida: A portion of the building Ie 6!00 Indian Creek Oriv~, Miami Seaoh, Florida fer coat storage, rowins activities .and otfice$ for &dmin1.~~&tion. WHJRBAS, Assignor desires to A..1gn to Assign.. all of its right title and interest ~s le~8or unde~ the said Leas., NOW, THEREFORE, tor and 1n Qon.1~erat1on of the sum of TEN OOLLARS ($10.00) and o~h~~ good and valuable eonsideration in hand paid by Assignee to Assisno~, the receipt ang .~fficiency of whi~h is hereby acknowledged, the ~art1el hereto do hereby mutua11y covenant and agree as follows: ' Allignor does hereby grant, barsain4 eell, assi~, t~.n.fer, set over and deliver unto Aasignee the Assignor" intere.t in 'and ~o the Amended and Restated Leale Agreement, and Assignee hereby assume. all of such rights .nd obligations includ1ng any and all limitations on the ~.. of the premisBa. ' 10 HAVE AND TO HOL!) the ..me and all rights and benefit. thereo!, unto ~si~.e, it. .~cceasori and assigns, from the date nsreo!. Assignor does hereby warrant and represont unto A..ignee thae Assignor is the owner of eha lessor'~ interaa~ in laid Lease; that the~e ara no lien. Qr encumbrances against the Property for which the Assignor i. obli;atac!, that Assiinor has full right and authority to sell, a..1gn and tranJflr the Aasignor'B int$re.t in a.nd to the tic..., and to execute thi. 1nstNn\snt; and that Asa:igncr will ~Q:'ever wa:rrant a.~d defend the interest herewith e.ssdgnad ~nto Asaignee a.ga.i~at the la.wful olaims of all person= cla1.ming by, througn or ~Q.r Allignor ana none other. A..ign.., in consideration hereof and by joinder herein, do.. hereby .xprea.ly aasume and ag~ee to perform all of the covenants and cbl~~aticn. of AMsignor as 1.s.Q~ under the Lease arising from and after the date h.~.o~, and .h.ll indemnify and hold harml.8Q As.iil'\o~ from any c:laj,mliil asainst Assignor resulting f:r:om A..i~ee' s failure to comply with all of its obligations under the Lease, whiQh 1n4emn1tioation shall include all costa and attorneys' fees. 1- I::J../ ":::::l/ ';) ( 1::J":::;I::J::l U.M. DEPT. OF BUSINESS SERVICES ~ 3052845063 NO. 018 ~06 .. ...,.... ":' - IN WITNESS WHEREOF I the parties hereto have! caused. the.. p~esent. to b. executed a. of the day and year first above written. Signed, sealed and delivered ASSIGNOR: in the preaence of: MIAMI BiACH J~ISH COMMUNITY CENTER, INC., a Florida Not fo:r prctit Corporation ;~r.:~~ )!rftdt.. . d9n' ..)n"':i& ~~. . prJ.nt n.m.:__,._~~ _f'l · ~ The UNIV1lRSI'1'Y OF MIAMX, tenant "such assignment. JI\WaRX\j~l'ioO\l.....at. J\ll\' 2', ~"I . ,.0'" ,. ~ ~~~~~~~ ASSIGNlIBI M~AMI BEACH WATnSPORTS CENTER, INC., a Florida not tqr profic ccrpor.t:l.~ ~,-" / ~- ~~t J};rt:-c-~'- '\, co J. FISH ASSISTANT ViCE PRES10tNT eUSlNES$ SERVICES City APPROVED FORM & & FOR Date a.