HomeMy WebLinkAboutLease Rights,.41.61 as nn
This Ir
Mcrcc m trucnt Prepared by:
Rasco es M. Sellek Esq. -
Reininger do Perm P. A
Suite 7litMiami a Lagoon Drive
oo
(305) 2 Florida 33126
61-0500
ASSIGNMENT & ASSUMPTION OF LEAS1k RIGHTS
a Florii* KNOW ALL MEN BY THESE PRESENTS, that ALAMILLA & ASSOCIATES, INC.,
201 Sala corporation ("Assignor"), whose post office address is c/o Carol & Associates, P.A,,
DOLL,uth Biscayne Boulevard, Suite 2400, Miami, Florida 33131 for TEN and NO/100
which'ARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of
assign "Cre hereby acknowledged, does hereby remise, release, quitclaim, transfer, convey and
INC,, a:absolutely and not as security or upon any condition) unto FIREHOUSE IV OF MIAIMJII,
5 Floc Florida corporation (Assignee), whose post office address 7650 Corporate Center Drive,
Certain sr, Miami, Florida 33126, all the right, title and interest ofAssi nor in, to and under that
(the "ease, together with any amendments and riders thereto, dated pt ,3, , 1998
which tlase") by and between The City of Miami (the "Landlord") and Assignor, pursuant to
legally the Landlord has leased and demised to Assignor the real property and improvements
South Nlescribed in Exhibit "A" attached hereto and made a part hereof; and situated at 1000
fiami Avenue, Miami, Florida (the "Premises").
corporatkssignor warrants that Assignor is a duly organized and validly existing Florida
CondOctiion , with all requisite corporate power and authority to carry on its business as presently
Assignotid and to enter into this assignment and that all corporate proceedings required by law,
the Boart's Articles of Incorporation and any amendments thereto, and its Bylaws to be taken by
the transgi of Directors and shareholders of the Assignor in connection with the consummation of
action contemplated by this assignment, have been duly and validly taken.
is
hereby as, consideration of the above assignment and written consent of the Landlord, Assignee
date here,sumes all of Assignor's liabilities and obligations under the Lease from and after the
terms, cog and covenants and agrees with Landlord and Assignor to be bound by all of the
observed Fvenants, agreements provisions and conditions of the Lease to be performed or
limited taby the Tenant under the Lease from and after the date hereof; including but not
the Landlc the payment of rent, the environmental covenants, the release and indemnification of
historic pr3! with respect to any claims in connection with the Lease or this assignment, the
obligation
eservation of the Premises, the payment of taxes and assessments on the Premises, the
the compl;to provide and fund capital improvements and furniture, fixtures and equipment, and
requiremefance with all applicable laws. This assumption is made in full compliance with the
Lease shaInts of Article X of the Lease. Assigner agrees that the provisions of Article X of the
subleases q, notwithstanding this assignment, be binding with respect to all future assignments,
Lease fronted transfers. Assignee agrees to perform any and all obligations arising under the
counsel ref and after the date hereof Assignee hereby indemnifies and agrees to defend (with
and all liabasanably satisfactory to Assignor) and hold harmless Assignor from and against any
to any acticilities, obligations, claims, costs and expenses which Assignor may incur or suffer due
hereof wittns, omissions, breaches or other matters which shall occur from and after the date
indemnified respect to Assignee's obligations as tenant under the Lease. Assignor hereby
o and agrees to defend (with counsel reasonably satisfactory to Assignee) and hold
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ziltiiatse i9:5B PAG '.P/5 RightFAX
harmless Assignee from and against any and all liabilities obligations, claims, costs and expenses
which Assignee may incur or suffer due to any actions, omissions, breaches, representations or
other matters which may occur from and before the date hereof with respect to Assignor's
obligations as tenant under the Lease.
This Agreement shall be construed and enforced in accordance with the laws of the State
of Florida. This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their successors and assigns.
This Agreement may be executed in any number ofcounterparts, each of which, when
executed and delivered shall be an original, but all counterparts shall together constitute one and
the same instrument.
IN WITNESS WHEREOF, Assignor and Assiae e, intending to be legally bound
hereby, have executed this Agreement as of this 04arday of February, 1998.
Signed, Sealed' and Delivered in the presence of
ASSIGNOR:
ALAMILLA & ASSOCIATES, INC., a
Florida corporation
By:
ASSIGNEE:
FIREHOUSE IV OF MIAMI, INC., a
Florida corporation
By.
AUGUSTO L. VIDAURRETA,
President
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CONSENT BY LANDLORD
The City of Miami, a municipal corporation of the State of Florida, as "Landlord" under
the Lease by and between the City and Assignor, which is to be executed by the City Manager,
conditioned upon and subject to the simultaneous assignment thereof to Assignee hereby
consents to such assignment subject to the following provisions:
l . That in consideration of the City's consent to this assignment, Assignee assumes
all of Assignor's liabilities and obligations under the Lease dated »1'a..3, /f92 as expressly
agreed to by Assignee above;
2. Receipt by the City, from Assignee, of payment in the amount of S38,250.00 as
the Security Deposit in accordance with the terms of subsection 4.5 of the Lease;
3. ' Receipt by the City, from Assignee, of payment in the amount of S 19,125.00 as
prepaid. rent in,accordance with the terms of Sebsection 4.2 of the Lease.
Execution of thiA consent to the Assignment and Assumption of Lease is authorized by
Resolution Number - 15.5 passed and adopted by the City
Commission of the City ofMiami on February 10, 1998. C.
?nail ./Lrie
AGREED and CONSENTED to this day of 1998.
CITY OF MIAMI, a municipal corporation of the State of Florida
Attest:
B
JOSE GARCIA PEDROSA
City Manager
APPROVED as to form and correctness:
1166-I167.dne
3
WALT ' R . MAN
City Cl
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