Consent to Assignment & Assumption of Lease AgreementCONSENT TO ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT
This Consent to Assignment and Assumption of Lease Agreement is being entered into
on this 9t" day of December, 2009, by and between ROMA WAXING, INC. a Florida
corporation ' ("Tenant/Assignor"), and SB WAXING, INC., a Florida corporation
("Tenant/Assignee") whose principal address is 771 17t" Street, Miami Beach, Florida
33139.
WITNESSETH, that for valuable consideration in hand paid by the TenantlAssignee to
the Tenant/Assignor, receipt of which is hereby acknowledged, the Tenant/Assignor
hereby assigns and transfers to the Tenant/Assignee, and Tenant/Assignee hereby
accepts, all of its right, title, interest, and obligations in and to the following described
agreements:.'
Tenant/Assignor's rights, title, interest, and obligations under that certain
Lease Agreement by and between Roma Waxing, Inc. and the City of
Miami Beach (City), dated July 15, 2009, for the Tenant/Assignor's lease
of a portion of the City-owned property located at 1701 Meridian Avenue,
Unit 3, Miami Beach, Florida (a.k.a. Unit 771 17t" Street) encompassing
1,290.59 square feet on the ground floor of said property, as amended by
that certain First Amendment to Lease Agreement, attached hereto as
Exhibit A-1.
Provided, however, no warranties of any kind whatsoever are made incident to this
Assignment.
IN WITNESS WHEREOF, the Tenant/Assignor and Tenant/Assignee have executed
this Consent to Assignment and Assumption on the day and year first above written.
Roma Waxing, Inc. (TenantJAssignor)
By: ~~ Date: l~-,/6~
Noemi Grup er sident
Attest: Date:
Secretary
SB Waxing, Inc. (Te ant/Assignee)
BY~ Date: ~~ l 1 e ~ c~
Vanesa Szperling, President
Attest:
Secretary
Date:
EXHIBIT A-1
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Lease Agreement is entered into this 9th day of
December, 2009 by and among the CITY OF MIAMI BEACH, a municipal corporation
whose address is 1700 Convention Center Drive, Miami Beach, Florida, 33139 (Cit~
and/or Landlord); Roma Waxing, Inc., a Florida corporation, whose address is 771 17
Street, Miami Beach, Florida, 33139, as Tenant and Assignor of that certain Lease
Agreement with the City, dated July 15, 2009; and SB Waxing, Inc., a Florida
corporation, whose principal address is 771 17th Street, Miami, Florida 33139, as the
new Tenant and Assignee under said assignment as herein below consented to by the
City.
WITNESSETH:
WHEREAS, the City has been leasing to Tenant/Assignor, Roma Waxing, Inc.,
a portion of the City-owned property, located at 1701 Meridian Avenue, Unit 3 (a.k.a.
771 17th Street), Miami Beach, Florida, for Tenant/Assignor's use as a hair removal
facility under the terms and conditions of that certain Lease Agreement, dated July 15,
2009; and
WHEREAS, the Tenant/Assignor, Roma Waxing, Inc., and the new
TenantlAssignee, SB Waxing, Inc., have agreed to an amendment and assignment and
assumption of said Lease Agreement, and the City has consented to said assignment
and assumption pursuant to Resolution No. 2009-27275; and
WHEREAS, concurrent with the execution of the Consent to Assignment and
Assumption of Lease Agreement by the Tenant/Assignorand new Tenant/Assignee, the
parties further wish to execute this First Amendment to Lease Agreement, having an
effective date of January 1, 2010, and remain in effect throughout the remainder of the
current Lease term, scheduled to expire on July 31, 2012.
NOW THEREFORE, the City, Tenant/Assignor, and the new Tenant/Assignee,
for and in consideration of the mutual covenants, agreements and undertakings herein
contained, do by these presents mutually covenant and agree to assign and amend the
Lease Agreement, as follows:
Upon execution of the Consent of Assignment and Assumption of Lease
Agreement, Tenant/Assignoravd new Tenant/Assignee hereby acknowledge and
agree to said assignment and assumption, and Tenant/Assignee further agrees
to be bound by the terms and conditions of the Lease Agreement, as amended
by this First Amendment to Lease Agreement.
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2. Upon execution of the Consent to Assignment and Assumption of Lease
Agreement and First Amendment to Lease Agreement, and for purposes of
interpreting the cumulative agreements (i.e. the Lease Agreement, the First
Amendment to Lease Agreement and the Consent to Assignment and
Assumption) the term "Tenant" and Tenant/Assignee shall be considered one
and the same, and SB Waxing, Inc. shall be deemed the new Tenant for
purposes of the Lease. All references to Tenant, under the Lease, as amended,
shall hereinafter be deemed to refer to SB Waxing, Inc. (d/b/a Uni.K Wax
Center).
3. Section 27, entitled "Notices", located on Pages 16 and 17 of the Lease
Agreement shall be deleted in its entirety and replaced with the following new
Section 27 as follows:
Notices.
The addresses for all notices required under this Agreement shall be as follows
or at such other address as either party shall be in writing, notify the other.•
LANDLORD: City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With copy to: City of Miami Beach
Director of Rea! Estate, Housing & Community Development
1700 Convention Center Drive
Miami Beach, Florida 33139
TENANT.• Vanesa Szperling, President
SB Waxing, Inc.
7000 Island Boulevard. #400
Aventura, Florida 33160
With cop,y to: Manager
Uni. K Wax Center
771 17t Street
Miami Beach. Florida 33139
And:
Noemi Grupenmager, President
Roma Waxing, Inc.
18911 Collins Avenue #1701
Sunny Isles, Florida 33160
All notices shall be hand delivered and a receipt re~c uested or by certified mail
with Return receipt requested. and shall be effective upon receipt
4. Except as otherwise specifically amended herein, alt other terms and conditions
of the Lease Agreement by and between the Landlord and Tenant shall remain in
full force and effect. In the event there is a conflict between the provisions
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provided herein and the Lease Agreement, the provisions of this Consent to
Assignment and First Amendment to Lease Agreement shall govern.
IN WITNESS WHEREOF, the Landlord, Tenant/Assignor and the new Tenant/Assignee
have hereunto affixed their respective hands and seals at the place, and on the day and
date first hereinabove written. Signed, sealed and delivered in the presence of:
Attest:
Landlord:
CITY OF MIAMI BEACH, FLORIDA
Robert Parcher, City Clerk
Attest:
Secretary
Print Name)
Secretary
Matti He rera Bower, Mayor
Tenant/Assignor:
ROMA WAXING, INC.
N g resident
New TenantlAssignee:
SB WAXING, INC.
Vanesa perling, President
.:: ` APPROVED AS TO
(Print Name) FOpM g~ LANGUAGE
j;
• ~ FOR EXECUTION
... - ~~.
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