Assignment and Assumption of Lease with Massage Partners, Inc. zv/p— ; f Year
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ASSIGNMENT AND ASSUMPTION OF LEASE
AND
CONSENT TO ASSIGNMENT AND ASSUMPTION OF LEASE
THIS ASSIGNMENT AND ASSUMPTION OF LEASE (the "Assignment"), is entered into on this
( i day of Nosiern‘Te-v-- , 2018,-by and between Tenant/Assignor, MASSAGE PARTNERS, INC., a
Florida corporation ("MASSAGE PARTNERS, INC."), and Tenant/Assignee, MASSAGE OF SOUTH
BEACH LLC, a Florida limited liability company("SOUTH BEACH LLC"),whose principal address is 20877
Escudo Drive, Boca Raton, Florida 33433.
WITNESSETH,that for valuable consideration in hand paid by SOUTH BEACH LLC to PARTNERS,
INC., receipt of which is hereby acknowledged, PARTNERS, INC. and SOUTH BEACH LLC hereby agree,
as follows:
1. MASSAGE PARTNERS, INC. hereby assigns to SOUTH BEACH LLC all right, title, and
interest and obligations in and to that certain Lease Agreement by and between MASSAGE
PARTNERS, INC. and the CITY OF MIAMI BEACH, FLORIDA ("Landlord" or"City") dated
September 15, 2010, for approximately 1,802.89 square feet of City-owned property located
at 1701 Meridian Avenue, Unit 2 (a/k/a 767 17th Street), Miami Beach, Florida 33139, as
amended (the "Lease"), which Lease is incorporated herein by reference and attached as
Exhibit"A" hereto.
2. MASSAGE PARTNERS, INC., operates pursuant to that certain Franchise Agreement by
and between MASSAGE ENVY FRANCHISING, LLC, a Delaware limited liability company,
with principal address at 14350 North 87th Street, Suite 200, Scottsdale, Arizona, 85260
("Franchisor")and JON KRUTCHIK, an individual, whose principal business address is 5780
Stone Creek Way, Southwest Ranches, Florida 3330, dated June 2, 2010, incorporated into
and attached as an exhibit to the Lease, and which requires consent by the Franchisor to
any assignment of the Lease.
3. SOUTH BEACH LLC hereby accepts the assignment of the Lease, and further assumes
and agrees to perform all of the duties and obligations of MASSAGE PARTNERS, INC.
under the Lease, and further agrees to be personally liable and subject to all conditions and
restrictions to which MASSAGE PARTNERS, INC. is subject to under said Lease.
4. Notwithstanding the assignment to and assumption by SOUTH BEACH LLC of the Lease,
MASSAGE PARTNERS, INC. 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. MASSAGE PARTNERS, INC. and SOUTH BEACH LLC 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. Upon execution of this Assignment and the below Consent to Assignment and Assumption
of Agreement (the "Consent"), and for purposes of interpreting the Lease, all references to
MASSAGE PARTNERS, INC. or Tenant under the Lease shall hereinafter be deemed to
refer to SOUTH BEACH LLC.
7. Any future required notices by the Landlord to the Tenant shall be deemed duly served upon
receipt if mailed to:
JEFFREY M. UNGER
MASSAGE OF SOUTH BEACH LLC
20877 ESCUDO DRIVE
BOCA RATON, FL 33433
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8. The undersigned parties agree that no warranties of any kind whatsoever are made incident
to this Assignment.
IN WITNESS WHEREOF, the Tenant/Assignor and Tenant/Assignee have executed this
Assignment on the day and year first above written.
(Tenant/Assignor) (Tenant/Assignee)
MASSAGE PARTNERS, INC. MASSAGE OF SOUTH BEACH LLC
By: '- By:
V-------
Jon Krutchik, President Jeffriy . ger, Manager
Attest: - --- Attest: Cr 3/`---�—
Print Nam : L1 - Print Name: /G11 Z `SG4-ey
Date: ► , Date: 'i (z-/I i
Attest: � -•� Attest:
►
Print Name:
g� - 4� . V r � t-Ar/ Print Name: I-ice/-i rid T.se.4i c
Date: II 1 111°0 Date: f i /'-IR'
CONSENT BY CITY TO ASSIGNMENT AND CONSENT BY FRANCHISOR TO ASSIGNMENT
ASSUMPTION OF LEASE AND ASSUMPTION OF LEASE
The undersigned hereby consents to the above The undersigned Franchisor hereby consents to the
Assignment, pursuant to Section 12 of the Lease, above Assignment, as required pursuant to the
without warranties of any kind whatsoever being Franchise Agreement, attached as Exhibit 7.1 to the
made incident to this Consent or the Assignment. Lease.
CITY O' MIAMI BE/ H, FLORIDA MASSAGE 7 FRANCHISING, L C
UMW '
Jimmy Moral:s, City Manager \ +
By: / : 1!
�����tvi\\ g�"'4*�rint Name: 4 , 'e1Cf , - �U viver
_,� ..:.. -9 .�v: 6:1 nerct1 &ullsel
Rafael E. Granado, City C erk . 'b.\/0"`
v.
:INCORPORATED.
Prin% ame: 'ilk na nt In) vi i l_G!
Attest: �i�'�,�j •......• ;N Vii'
•Oi+ ;� 26 7Attest: - Cyt (k1cL
Print Name: ✓5,6 IJ AK� ++++, _ —� L. C.�,�s-h U
APPROVED AS TO Print Name: j
Date: FORM & LANGUAGE �� _ l g
& FOR EC TION Date:
ylttit
City Attorney Pr Date
EXHIBIT "A"
LEASE
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