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Assignment and Assumption Agreement,., ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT is made as of the 1st day of January, 2001 by and between LINCOLN PLAZA PARTNERS LLC, a Florida limited liability company ("Lincoln"), and LNR JEFFERSON, LLC, a Florida limited liability company ("LNR"). Lincoln hereby assigns to LNR all of its right, title and interest in and to that certain Agreement of Lease between City of Miami Beach, Florida, as Owner, and Lincoln Plaza Partners LLC, as Tenant, dated September 1, 1999, recorded September 3, 1999 in Official Records Book 18770, Page 447 and that certain Development Agreement between City of Miami Beach, Florida, as Owner, and Lincoln Plaza Partners LLC, as Developer, dated September 1, 1999, recorded September 3, 1999 in Official Records Book 18770, Page 673, both of the Public Records of Miami-Dade County, Florida, each such document being with respect to the real property described in Exhibit "A" attached hereto and by this reference made part hereof. Lincoln warrants and represents to LNR that said Lease is in full force and effect and that no default exists or will exist as a result of any action or inaction by Lincoln occurring prior to the date hereof. By its execution of this Assignment and Assumption Agreement, LNR hereby agrees to accept said assignment and assume all of .the rights and obligations of Lincoln arising under said instruments from and after the date hereof. IN WITNESS WHEREOF, Lincoln and LNR have executed this Assignment and Assumption Agreement as of the day and year first written above. WITNESSES: ~e 'L ~•~ LINCOLN: LINCOLN PLAZA PARTNERS LLC, a Florida limited liability company By: SRC Lincoln Plaza LLC, a Florida com any, as Ma ember By: Scott Robins Managing Member .~ STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DARE ) PRESIDENT The foregoing instrument was acknowledged before me this ~1~ day of February, 2001, by Scott Robins, as Managing Member of SRC Lincoln Plaza LLC, a Florida limited liability company, the Managing Member of Lincoln Plaza Partners LLC, a Florida limited liability company, on behalf of such limited liability company. He is personally known to me Eor pro/duced a valid Florida driver's license. My commission expires: Notary Public, State of orida Print Name: ,•~y~",,, Ronald Nbert, Jr. STATE OF GEORGIA ) *~ ~ ~ ~ ~~~ a~R~s ~ :< ~rI ~o. zoos SS • • „jji ~5~~. BDNDED TIIgU iADY FAIN M~URANCE. INC. COUNTY OF F'~ 11-an ) h The foregoing instrument was acknowledged before me thi~ ~ day of February, 2001, by (Ylc.ctl ~ • c; FF~~h as Vcce_ Pte; «~' of LNR Jefferson Holdings, Inc., the Managing Member of LNR Jefferson LLC, a Florida limited liability company, on behalf of such limited liability company. He is personally known. to me or produced a valid Florida driver's license as identification. ~.~~. My commissio~~~ir~~e~, ~~~ oTAgy9~cr ,r,Q': ~ ; My Comm. Exp. NIIAl #1011232yk~ ; Feb. 9, 2004 : Q :s; : c~: ~.,~,9• .AUBL~G .~. ~ ~. ~'~~~FE C~v~.•`~ LINCOLN: LNR JEFFERSON, LLC, a Florida limited liabi~itx company By: LNR its M N HOLDINGS, INC. By: Its: P c nt Name: 2 WITNESSES: