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.
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ATTEST:
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CITY CLERK
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By _
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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.
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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:
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Print Name: "BEnt Sl.AJI:U""
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AMERICAN RIVIERA REAL ESTATE
COMPANY, a Florida corporation
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Title: Me..Tfk;t
ASSIGNEE:
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, rint name: ~E.1'1-I SWEeT
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Print name: C/.lct\..L ..,.,.) c;.s
AFFORDABLE LANDMARKS, INC.,
a Florida corporation
By:
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Robert F. Saland,
President
LANDLORD:
A TrEST:
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By:
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By:
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LEGAL DEPT.
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CITY OF MIAMI BEACH,
a Florida nicipal corporations
City Clerk, Robert Parcher
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