Mystery Park Arts Co. - Amendment 1 �01 7SS
AMENDMENT NO-. 1
TO THAT CERTAIN LEASE AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA AND
MYSTERY PARK ARTS COMPANY, INC.
THIS., AMENDMENT. NO. _1 TO THE LEASE. AGREEMENT made this 18 day of . November,
2010, (the "Effectie Date "), between the CITY OF MIAMI BEACH, a municipal corporation of
the State of Florida (hereinafter called "City ") having its principal address at 1700 Convention
Center Drive, Miami Beach, Florida 33139, and MYSTERY PARK ARTS COMPANY, INC., a
Florida not- for - profit corporation, having its principal. address at 751 Euclid Avenue, Miami
Beach, Florida, 33139 ( hereinafter called "Tenant").
WITNESSETH
.WHEREAS, on January 13, 2010, the Mayor. and Commission adopted Resolution No.
2010- 27305, approving a Lease Agreement with Mystery Parks Acts Company d /b /a SoBe
Music Institute (SoBe Arts) for use of an approximately 3,080 square foot facility known - as the
Carl Fisher Clubhouse, located within the 21st Street Community, Center.. Complex, 2100
Washington Avenue, and the approximately 2,295 square foot building known as the "Little
Stage Theater' located in the same complex, (the Lease Agreement), for an initial term
commencing on January 13, 2 and ending on January 12, 2015; and
WHEREAS, pursuant to the Lease Agreement, Tenant is required to pay. the sum of
$872 in Additional Rent; and
WHEREAS, SoBe Arts has requested a credit for the amount of rent paid, to
compensate it.for alleged disruption during the renovation of the Little Stage Theater facility that
occurred between May and September, 2009, and which it alleges resulted in its inability to
operate the facility and generate sufficient revenue to cover expenses; and
WHEREAS, on November 3, 2010, the Finance and Citywide Projects Committee
recommended in favor of granting SoBe Arts a five (5) month reduction to its the monthly
additional payments, which reduction requires an amendment to the Lease Agreement.
NOW, THEREFORE, in consideration of the premises of mutual covenants and
conditions herein, contained and other good and valuable consideration, the receipt and
adequacy .of which are hereby conclusively acknowledged, it is agreed by the parties hereto to
amend the Lease Agreement as follows:
1 Section 3, entitled "Rent" is amended as.' follows: (deleted language is StFUGk thmugh and.
inserted language is underlined)
3.1 Base Rent
. Base Rent for the Demised Premises shall begin to accrue on the Commencement Date.
In consideration of Tenant's request for a credit for the amount of, Rent paid during the
renovation of the Little Stage Theater facility, the - City agrees to grant the Tenant a five (5)
month reduction in Tenant's payment of monthly Additional Rent Accordingly for the period
commencing on December- 1, 2010 through April 30, 2011 Tenant shall pay to the City the
reduced amount of , $500 in monthly Additional Rent. Commencinq on May _1, 201 -1 Tenant
` shall resume its full payment °of Additional Rent in the amount of per month
2. Except as amended hereby, the Lease Agreement remains in full force and effect and is
reconfirmed for all purposes:
IN WITNESS OF THE FOREGOING, the parties have. set their hands and seals
the day and year first written above.
ATTEST:. CITY OF MIAMI BEACH, FLORIDA
City Clerk M or
ATTEST: MYSTERY PARK ARTS COMPANY, INC.
Secretary President
7 eS 00 6- A 11-i
Print Name Print Name
T:\AGENDA\2010 \November 17 \Consent \SO BE Arts Amendment.doc
APPROVED AS TO
FORM & LANGUAGE
a FOR EXECUTION
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orney Date
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