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Assignment of Lease with Holocaust Memorial CommitteePrepared By: Hany B, Smith, Esq. Ruden, McCloslcy, Smith, Schuster & Russell, P.A. 701 Brickell Avenue, Suite 1.900 Miami, Florida 33131 ASSIGNMENT OF LEASE y~~ This Assignment of Lcasc made and entered into this ~ day of /'~Ii~.QCI'l , 2008, effective July l , 2008, by and between HOLOCAUST MEMORIAL COMMI"TTEE, INC., a Florida corporation not for profit (as "Assignor") and GREATER MIAMI JEWISH FEDERATION, INC., a Florida corporation not for profit (as "Assignee") WITNF,SSETI-I: WHEREAS, on March 8, 2000 the HOLOCAUST MEMORIAL COMMITTEE, INC., a Florida corporation not for profit, as Lessee, entered into a Lease with the CITY OF MIAMI BEACH, a Florida municipal corporation as Lessee for the following described property (the "Lease") to wit: SEE EXHIBIT "A" ATTACHED HERETO, and by reference made a part hereof. WHEREAS, a Memorandum of Lease was entered into on January 26, 2001, and recorded in Oi'Gcial Records Book 19624, at Page 2665, of the Public Reeords of Miami-Dade County, Florida.; and WHEREAS, the Assignor desires to assign unto the Assignee all of their right, title and interest in and to the Lease. WHEREAS, Assignee accepts the said assigtunent and assumes and agrees to timely and fully perform and comply with all of the Assignor's covenants and agreements contained in the Lease; and MIA:423334:2 RiJDEN, McCLOSKY, S1VII'1'H, SCIIi7STER & RUSSELL, P.A. WHEREAS, Lessor has consented to the foregoing assignment of Lease, as evidenced by the adoption of City of Miami Beach Resolution No. ~~d~r~~ 7~~ ,dated January 16, 2008. NOW THEREFORF,, for and in consideration of the sum of Tcn and no/100 Dollars ($10.00) and other good and valuable considerations, the receipt which is hereby acknowledged, the parties hereto agree as follows: The foregoing recitals are true and correct. 2. The Assignor hereby assigns all of its interest in anal to the Lease to the Assignee effective July 1, 2008, and the Assignee agrees to assume all of the obligations of the Lease as if the original obligor thereunder. IN WITNF,SS WHEREOF the parties have set their hands and seal the year and date first aforementioned. Attest: By: Secreta Print Name Attest: HOLOCAUST MEMORIAL COMMITTEE, INC., a Florida corhoratio not for profit By: ~--~ dra Muss, President ASSIGNOR GREATER 1VIlAMI .TE~VTSH FEDERATION, iNC., a Florida corl~o tyo~gt for profit By: / By: -~ %~~ Se /' ~a B har, Preside By: ~~~ K f~l/~ti1c~ ASSIGNEE APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION MIA:423334:2 2 \ ~ J' ,, . ~ RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, ~~Y ttom ~ ~\ ~~ STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) I I-IEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by ~~( ~[~ ~~~~ the President of HOLOCAUST MEMORIAL COMMITTEE, INC., a Florida corporation not for profit, freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this 23rd day of Yj _ , 2008. THALiA sHAw ~.~~""'~"w~~ Comrrdt DD0687027 e '~~~ tt Expires 412512011 %:~'aFa~` Flcrida Notary Assn., Inc Gruen+~~ s..........e~--- ~o ..............~..~.....: 1VIy Commission Expires: (~~}l~$I2~1) STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) Notary Public -rhal~a Shams Typed, printed or stamped name of Notary Public I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by ~ ('a U ,~ ,the President of GREATER MIAMI JEWISH FEDERATION, INC., a Florida corporation not for profit, freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this ~ day of (~y(' ~ , 2008. rnmunn~u~uumm~nmun.nunu. THALIA SHAW ~~`"~ii"~% Comm# DD0667027 ~ires4rzsr2o~~ ~a~~ Florida NoferyAssn., Inc My Commission Expires: awla5lao~l MIA:423334:2 Notary Public Typed, printed or stamped name of Notary Public RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, Y.A. STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me HARRY B. SMITH, the Secretary of HOLOCAUST MEMORIAL COMMITTEE, INC., a Florida corporation not for profit, freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He is personally known to me or who has produced as identification. 1TNESS my hand and official seal in the County and State last aforesaid this~~f day of / 2008'. Notary Public ~ --" ~~~~'~4~~_Z~ DF-n r~ -e.,Z Typed, printed or stamped name of Notary Public My Commission Expires: "'K~~r nee ` Notary Public Mate of Klorfda r° ~ Vilma Hernandez ~ -. 4 y` s My Commission DD579323 ~OF Po° Expires 1010812010 MIA:423334:2 RUDF;N, McCLOSKY, SMITH, SCHUSTFR & RUSSELL, P.A. OFFICE OF THE CITY ATTORNEY, Jose Smith, City Attorney Interoffice Memorandum To: Robert Parcher Date: June 18, 2008 City Clerk From: Raul J. A uil g Deputy City At rney` Subject: Holocaust Memorial Committee -Assignment of Lease Attached please find an executed copy of the Assignment of Lease. The original has been sent to the County Recorder's Office and will be forwarded to your attention, in due course, for your safekeeping on behalf of the City. RJA/ed c: Tim Hemstreet, Assistant City Manager Ana Cecilia Velasco, Asset Manager Jan-14-08 02:49pm From-RUDEN ~dCCLOSKY PA 3057892793 T-783 P.003/003 F-477 CER7lFlCATION I, Jacob Solomon, Executive Vice President of the Greater Miami Jewish Federation, do hereby certify that the following resolutions were duly adopted by the Board of Directors the Corporation at a regular meeting of the Board ofi Directors held on January $, 2008: RESOLUTIONS OF THE BOARD RELATING TO THE HOLOCAUST MEMORIAL LEASE RESOLVED, that, effective July 1, 2008, the Greater Miami Jewish f=ederation agrees to accept the assignment of the Holocaust Memorial Gommittee, Int.'s lease with the City of Miami Beach and~ta timely and fatly perform and comply with aIi~of Lessee's covenants and agreements, aft as Contained in the Lease. FURTHER RESOLVEQ, that the Federation authorizes such actions as are required for the Federation to receive the assignment of the Holocaust Memorial Lease; FURTHER RESOLVED, the Federation hereby authorizes its President, Saby Behar, to execute and deliver the Assignment of the Holocaust Memorial lease and any and all other documents as are required in accordance with the terms and conditions of the Lease; FURTHER RESOLVED, that Saby Behar, in his capacity as President of the Federatipn, is hereby authorized and directed to execute on behalf of the Federation, in its capacity as Assignee, the aforesaid Assignment and/ar any other documents deemed necessary or advisable by the said President in order to consummate this transaction. I further certify that the foregoing resolutions have not been altered, amended or rescinded and are in full force and effect as of this date. IN WITNESS WHEREgF, I Have set my hand and affixed the corporate sea! this the _~ day of ~ ~~ Y , 2008. WIT ~~ A ~ Jan-14-08 02:48pm From-RUDEN IdCCLOSKY PA 3057892793 Ruder 1 Mc~losk y January 14, 2008 VIA FACSIMILE 1305) 673-7002 Raul J_ Aguila, Esq_ Assistant City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Holocaust Memorial Committee, Inc. Dear Raul: T-763 P.002/003 F-477 701 HRICKELL AvENUE SUITE '19D0 MIAMI, FLORIDA 33131 1305) 789•z750 FAX: (305) 537-3950 HARRYSMITHld1RU DEN.COM In connection with the hearing coming up before the Miami Beach City Commission on Wednesday, January 16, 2008, concerning the transfer of the Ground Lease by the Holocaust Memorial Committee, to the Greater Miami Jewish Federation, please find enclosed herewith a Resolution passed by the Greater Miami Jewish Federation, authorizing the assumption of the Lease effective July 1, 2008. You previously advised me that you wanted some resolution from the Federation approval the transfer. Do you know what time this matter will be on the addenda on Wednesday? Please call me in this regard at your earliest convenience. HBS/saw Enclosure MIA:43621 1:1 RUbEN, MtCtQSKY, SMITH, SCHUSTER & RUSSELL, P.A_ GRACAS • FT, LAUDERDALE • MU1Mt • NAPLES • ORLANDO • POQT Si. LUQF • SARASQTA • $Y_ PETERSBUQG • TALLAHASSEE • TAMPA • WEST PALM BFACH Prepared By: Harry B. Smith, Esq. Ruden, McClosky, Smith, Schuster & Russell, P.A. 701 Brickell Avenue, Suite 1900 Miami, Florida 33131 ASSIGNMENT OF LEASE This Assignment of Lease made and entered into effective , by and between HOLOCAUST MEMORIAL COMMITTEE, INC., a Florida corporation not for profit (as "Assignor") and GREATER MIAMI JEWISH FEDERATION, INC., a Florida corporation not for profit (as "Assignee") WITNESSETH WHEREAS on January 26, 2000 the HOLOCAUST MEMORIAL COMMITTEE, INC., a Florida corporation not for profit, as Lessee, entered into a Lease with the CITY OF MIAMI BEACH, a Florida municipal corporation, as Lessor, for the following described property (the "Lease") to wit: SEE EXHIBIT "A"ATTACHED HERETO, and by reference made a part hereof; and WHEREAS, the term of the Lease commenced on March 8, 2000, and expires on March 8, 2099; and WHEREAS, a Memorandum of Lease was entered into on January 26, 2001, and recorded in Official Records Book 19624, at Page 2665, of the Public Records ofMiami-Dade County, Florida; and WHEREAS the Assignor desires to assign unto the Assignee all of its right, title and interest in and to the Lease; and MIA:423334:1 1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. WHEREAS, Assignee accepts the said assignment and assumes and agrees to timely and fully perform and comply with all of the Assignor's covenants and agreements contained in the Lease; and WHEREAS, Lessor has consented to the foregoing assignment of Lease, as evidenced by the adoption of City of Miami Beach Resolution No. dated January 16, 2008. NOW THEREFORE, for and in consideration of the sum of Ten and no/ 100 Dollars ($10.00) and other good and valuable considerations, the receipt which is hereby acknowledged, the parties hereto agree as follows: 1. The foregoing recitals are true and correct. 2. The Assignor has hereby assign all of its interest in and to the Lease to the Assignee, and the Assignee agrees to assume all of the obligations of the Lease as if the original obligor thereunder. IN WITNESS WHEREOF the parties have set their hands and seals the year and date first aforementioned. Attest: By: Secretary By: Attest: Print Name By: Secretary By: Print Name MIA:423334:1 HOLOCAUST MEMORIAL COMMITTEE, INC., a Florida corporation not for profit By: Sandra Muss, President ASSIGNOR GREATER MIAMI JEWISH FEDERATION, INC., a Florida corporation not for profit By: . President ASSIGNEE 2 RUDEN, McCLOSKY, SMITH, SCHUSTER & APPROVED A3 TO FORM ~ LANGUAGE ,~ GnR GYG[ _I 1T1[~N STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by SANDRA MUSS, the President of HOLOCAUST MEMORIAL COMMITTEE, INC., a Florida corporation not for profit, freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of January, 2008. Notary Public Typed, printed or stamped name of Notary Public My Commission Expires: STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by ,the President of GREATER MIAMI JEWISH FEDERATION, INC., a Florida corporation not for profit, freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of January, 2008. Notary Public Typed, printed or stamped name of Notary Public My Commission Expires: MIA:423334:1 3 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.