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Recorded Assignment of LeasePrepared By: r Hany B. Smith, Esq. Rud~~n, 1V1cClosky, Smith, Schuster & Russell, P.A. 701 Brickell Avenue, Suite 1900 Miami, Florida 33131 ;~o°~ +~ b7~~ ASSICTNMENT OF LEASE l Milli ~~lg{ ~i{{1 {{1{{ 1111111111 ~1t~1 !~#I 1~~~ , , ,.. , i;ah.4'C. ~` F;~J~, ].1~~1 ~ ~ l ~ f,a'. I~f r Ial,}l,.~.~.. rrtrarrc--t;,nt;r: ~::f~uirrr~~ f l-i..rn~:ir~r; ~~~ This Assignment of Lease made and entered into this ~ day of /1'1,~iQCI~ _, 2008, effective July 1, 2008, 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 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" A7"fACHED HERETO, and byreference made a part hereof. WHERF,AS, a Memorandum of Lease was entered into on :ianuary 26, 2001, and recorded in Official Records Bool< 19624, at Page 2665, of the Public Records ofMiami-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 assignment and assumes and agrees to timely and fully perform and comply with all of the Assignor's covenants and agreements contained in the I.casc; and MI/~:423334:2 RUDt;N, McCi'~OSICY, SMITH, SCHUS"CCR & RUSSI:LI., P.A. WHEREAS, Lessor has consented to the foregoing assignment of Lease, as evidenced by the adoption of City of Miami Beach Resolution No. r C>~~-:~4~ 7~~ ,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: The foregoing recitals are true and correct. 2. The Assignor hereby assigns all of its interest in and to the Lease to the Assignee effective .Tiny 1, 2008, 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 seal the year and date first aforementioned. Attest: By: Sccretar Print Name Attest: HOLOCAUST 1VIEMORIAL COMMITTEE, INC., a Florida corporatiot} not for profit By: ASSIGNOR GREATER MIAMI JE VISH FEDERATION, INC., a Florida corpoi~' tyor~.,ngt for profit ~`' _ ~ ~.. ~ ~.:r ~-, Se ~ Sa B har, Preside By: _ ~~~ K ~l/~1~J~- ASSIGNEE APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION r, MIn:423334:7. ~ ~ ~ ~ ~ ~ ~ ~ ,~,. P~, ~~ ~ ) 1, i ity ttorn ~., ~ , ate RUllEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, I'-~AA. ~ ~, „,: .\~r ~~ 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 ~t~~~ ~Y1~,lSS 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 co>poratiou 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. rd WITNESS my hand and official seal in the County and State last aforesaid this 23 day of ~QYI , 2008. r nun uunun ^ n. n~. w uw unu uuu. • THALIA sHnw Comma pD066T027 ~a Exptres4f25/2011 Z 40 ~~ oa Florida Notary Assn., Inc ~hnm~" wm.u..uso.._ .eeuu......e......u..i My Commission Expires: e~~~25~20O STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADS ) r ~ ~~~- ~~~-~-- Notary Public `~~~.I~a Shams Typed, printed or stamped name of Notary Public I FIEREBY CERTIFY that on this day, before nle, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by C~ u ,Q ,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 crn-porate seal of said corporation. He is personally known to me or who has produced as identification. WITNESS my hand and off cial seal in the County and State last aforesaid this ~~ day o f Y _-- , 2008. (1 /(//. ' enaaununaeuuuueeaegeuunueeeaeaoae~ I ~~~~'`~. _ \ ` ~ ~ .... -__-__-_-t7"" er.~ THALIA SHAW ~~~°~':"'~.~ Gomm#DDOfi67027 Notary Public ~~3 Expires 4!25!2011 -~ aR~~ Florida Notary Assn., Inc C ' ~ t ~ }~v~ U,~- -- -- ~uneeuuuounns+e.uun.uneeueuueu~ , . [ yped, printed or stamped name of Notary Public My Commission Expires: (`.;1-~~%~~a~~}~~~~ ~~ni,~:4z3:i:i~:z RUDI;N, NicCLOSICY, S1~ITII, SC]-IUS'hI:R ~~ RUSSCLL, P.A. STATE OF FLORLDA ) SS: COQ 1NTY 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 acknowledgYnents, 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. ITNESS my hand and official seal in the County and State last aforesaid this' ~ "day of ~'' , 2008. ~ Notary Public `J Typed, printed or stamped name of Notary Public My Commission Expires: g ~ ~o~~Y o~~ • ~~ idolary F'nbl~c Stale U1 Florida FP 'Jilma Hemantlez ~~ ''~o~f~~°~ Exp~restt)i0812010 ~,____. ;~.~~.~.w..._ - MIA:423334:2 RUllEN, McCi_OSKY, SMI"I'H, SCIIUSTER & RUSS)/LL, P.A. 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RESOLUTION NO. 2008-26732 A RESOLUTION OF THE MAYOR AND CITY COMIVILSSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN ASSIGNMENT FROM THE HOLOCAUST MEMORIAL COMMITTEE, INC., A FLORIDA NON-PROFIT CORPORATION, AS LESSEE/ASSIGNOR, TO THE GREATER MIAMI JEWISH FEDERATION, INC., A FLORIDA NON-PROFIT CORPORATION, AS ASSIGNEE/NEW LESSEE, OF THAT CERTAIN LEASE BETWEEN THE CITY AND ASSIGNOR, DATED JANUARY 26, 2000, AND HAV[NG A COMMENCEMENT DATE OF MARCH 8, 2000, AND EXPIRING ON MARCH 8, 2099, FOR THE PREMISES COMMONLY REFERRED TO AND KNOWN AS THE HOLOCAUST MEMORIAL, LOCATED AT 1/IERIDIAN AVENUE AND DADE BOULEVARD, IN MIAMI BEACH, FLORIDA, WITH SAiD ASSIGNMENT OF LEASF. TO BE EFFECTIVE AS OF JULY 1, 2008. V4'HEREAS, on .-anuary 26, 2000, the Mayor and City Commission approved Resolution No. 2000-23776, approving a 99 year Lease Agreement between the City and the I~Iolocaust Memorial Committee, Inc. (hereinafter referred to as the current Lessee/Assignor), a Florida non-profit corporation, to operate and maintain the Holocaust Memorial site, located at the southeast corner oCMeridian Avenue and Dade Boulevard, in Miami Beach, Florida; and WHEREAS, the term of the current Lease commenced on March 8, 2000, and expires on March 8, 2099; and WHEREAS, under the current Lease, the current Lessee/Assignor, is responsible for the operation and maintenance of the Memorial site, including all costs incident thereto; and WHF;RF:AS, the Lease is currently in good standing and in full and effect; and WHEREAS, on October 23, 2007, and November 7, 2007, respectively, the current Lessee/Assignor, notified the City Administration and City Attorney's Office of its desire to assign its interest in the Lease to the Grcatcr Miami Jewish Federation, Inc., a hlorida non-pro (it corporation (hereinafter referred to as the Assigneelnew Lessee); and ~'~'IIF.RF,AS, the Assignee/new Lessee has been in existence since 1939 and has assess in excess o(`~20C),000,000.00; and i i VIVI-IEREAS, the aforestated request for assignment of Lease was considered and unanimously recommended by the Neighborhoods/Community Affairs Committee at its December 19, 2007 meeting; and WHEREAS, accordingly, the Administration would recommend that the Mayor and City Commission hereby approve the proposed assignment, as memorialized pursuant to the attached assignment of Lease by and between the Holocaust Memorial Committee, Inc., as the current Lessee and proposed Assilmor, and the Greater Miami Jewish Federation, Inc., as Assignee and the proposed new Lessee; and WHEREAS, if approved, the AssigneeMew Lessee has requested that the assignment of Lease be effective as of July 1, 2008 (which is the commencement date of the Assignee/new Lessee's fiscal year); and WHEREAS, following approval by the Mayor and City Commission, the attached assignment of Lease shall be recorded in the public records of Miami-Dade County, Florida, and the Assignee/new Lessee shall, as of the effective date therein, assume and agree to timely and fully perform and comply with all of Lessee's covenants and agreements, as contained in the Lease. NOW, THEREFORE, BE I'T llULY RESOLVED BY TIIF. MAYOR ANll CITY COMMMISSION OF THE CITY OF MIAMI BEACII, FLORIDA, that the Mayor and City Commission hereby approve an assignment from the Holocaust Memorial Committee, Inc., a Florida non-profit corporation, as Lessee/Assignor, to The. Greater Miami Jewish Federation,, Inc., a Florida non-profit corporation, as Assignee/new Lessee, of that certain Lease between the City and Assignor, dated January 26, 2000, and having a commencement date of March 8, 2000, and expiring on March 8, 2099, for the premises commonly referred to and known as the Holocaust Memorial, located at Meridian Avenue and Dade Boulevard, in Miami Beach, Florida; with said assignment of Lease to be effective as of July I, 2008. PASSED AND ADOPTED this _ 16th _ day of `_Janua~ _, 2008• ATTH S`1': {ZOBE',R'I• PARCI-IER, CITY CLERK OR Matt H. Bower 11PPRpVEp AS TO FORM R. UU~GUAOE 8 FQR UT10N .~lU. OFFICE OF THE CITY ATTORNEY, Jose Smith, City Attorney Interoffice Memorandum To: Robert Parcher Date: July 14, 2008 City Clerk From: Raul J. Aguila Deputy City Attorney Subject: Recorded Holocaust Memorial Committee Assignment of Lease Attached please find recorded copy of the above-referenced matter. Should you have any questions or comments regarding the above, please do not hesitate to contact me. RJA/ed c: Tim Hemstreet, Assistant City Manager Ana Cecilia Velasco, Asset Manager