2015-28893 Reso RESOLUTION NO. 2015-28893
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,ACCEPTING THE RECOMMENDATIONS OF
THE FINANCE AND CITYWIDE PROJECTS COMMITTEE; APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.
1 TO THE LEASE AGREEMENT BETWEEN THE CITY AND MYSTERY
PARK ARTS COMPANY, INC. (SOBE ARTS,TENANT), DATED JANUARY
13, 2010, FOR THE DEMISED PREMISES LOCATED AT 2100
WASHINGTON AVENUE, MIAMI BEACH, FLORIDA; SAID AMENDMENT
CORRECTING A SCRIVENER'S ERROR IN TENANT'S NAME; AND
PROVIDING FOR THE RENEWAL OF THE LEASE FOR AN INITIAL SEVEN
(7) MONTH RENEWAL PERIOD, COMMENCING JANUARY 13, 2015 AND
ENDING AUGUST 12, 2015, AND CONTINUING THEREAFTER ON A
MONTH-TO-MONTH BASIS UNTIL SUCH TIME AS THE CONVENTION
CENTER RENOVATION AND EXPANSION PROJECT BEGINS
CONSTRUCTION.
WHEREAS, Mystery Park Arts Company, Inc. d/b/a SoBe Institute of the Arts (SoBe Arts,
Tenant), has a lease agreement (Lease Agreement) for the use of a facility having approximately
3,080 square feet, known as the Carl Fisher Clubhouse, located within the 21st Street Community
Center Complex, 2100 Washington Avenue, and an additional building, having approximately 2,295
square feet, known as the"Little Stage Theater"located in the same complex(collectively referred to
herein as the "Demised Premises"); and
WHEREAS, the Demised Premises is authorized to be used for the purpose of conducting
educational programs,film workshops,theater/dance programs, and arts/acting/music classes and
lessons, such as professional performances, music concerts, arts lectures/demonstrations and
multidisciplinary and theatrical productions; art-related general events such as community
collaborations, fundraising events and student performances; and
WHEREAS, the Lease Agreement provides for an initial five-year lease term, commencing
on January 13, 2010 and ending on January 12, 2015,with two (2) renewal options of two(2)years
each at the City's sole discretion; and
WHEREAS, the Finance and Citywide Projects Committee (Committee) considered the
exercise of the initial renewal term at the June 11, 2014 meeting and recommended extending the
Lease for one(1)seven (7) month renewal term, commencing January 13,2015 and ending August
12, 2015, and then continuing on a month-to-month basis,thereafter subject to termination by either
party, upon thirty (30) days written notice (Modified Renewal Term), until the Convention Center
Renovation construction commences; and
WHEREAS, the Lease contains a scrivener's error, referencing Tenant's name as Mystery
Parks Arts Company, Inc., instead of the correct corporate name of Mystery Park Arts Company,
Inc., which is currently doing business as Sobe Institute of the Arts; and
WHEREAS, the Administration recommends the Mayor and City Commission approve
Amendment No. 1 (Amendment) to the Lease Agreement, correcting the scrivener's error and
approving the Modified Renewal Term; and further authorize the City Manager to execute said
Amendment.
NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of
Miami Beach, Florida, hereby accept the recommendations of the Finance and Citywide Projects
Committee; approve and authorize the City Manager to execute Amendment No. 1 to the Lease
Agreement between the City and Mystery Park Arts Company, Inc. (SoBe Arts, Tenant), dated
January 13, 2010, for the Demised Premises located at 2100 Washington Avenue, Miami Beach,
Florida, substantially in the form attached hereto and incorporated herein as Exhibit "1"; said
Amendment correcting a scrivener's error in Tenant's name; and providing for the renewal of the
Lease for an initial seven (7) month renewal period, commencing January 13, 2015 and ending
August 12, 2015, and continuing thereafter on a month to month basis, until such time as the
convention center renovation and expansion project begins construction.
PASSED and ADOPTED this 14th day of January, 2015.
ATTEST:
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PH I LIB' LE�/,�;� - , AYOR
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RArAEL E. G'P� ADO, CITY CLERK
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting The Recommendations Of The Finance And Citywide Projects Committee;
Approving And Authorizing The City Manager To Execute Amendment No. 1 To The Lease Between
The City And Mystery Park Arts Company, Inc. (Sobe Arts), Dated January 13, 2010, For The
Demised Premises Located At 2100 Washington Avenue, Miami Beach, Florida; Said Amendment
Correcting A Scrivener's Error In Sobe Arts' Name; And Providing For The Renewal Of The Lease For
A Seven (7) Month Renewal Period, Commencing January 13, 2015 And Ending August 12, 2015,
And Continuing Thereafter On A Month To Month Basis Until Such Time As The Convention Center
Renovation And Expansion Project Begins Construction.
Key Intended Outcome Supported:
N/A
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
Mystery Park Arts Company, Inc., d/b/a SoBe Institute of the Arts ("SoBe Arts"), currently has a Lease
Agreement for the use of a facility having approximately 3,080 square feet, known as the Carl Fisher
Clubhouse, located within the 21sI Street Community Center Complex, 2100 Washington Avenue, and
an additional building, having approximately 2,295 square feet, known as the "Little Stage Theater"
located in the same complex (collectively referred to herein as the "Demised Premises"). The Base
Rent is $1.20 per year and the Additional Rent to cover SoBe Arts' proportionate operating expenses
is $10,464 per year, payable in monthly installments of$872 per month (calculated based on $500 for
the Clubhouse and $372 for the Little Stage Theater). Pursuant to the Lease Agreement, the City also
receives fifteen percent(15%) of any gross revenues derived from third party rentals of the facility.
The Lease Agreement entitles SoBe Arts to an initial five-year lease term, commencing on January
13, 2010 and ending on January 12, 2015, with two (2) renewal options of two (2) years each at the
City's sole discretion.
The Finance and Citywide Projects Committee considered this at the June 11, 2014 meeting and
recommended continuing the Lease until August 2015 and then continuing on a month-to-month basis
until the Convention Center Renovation construction commences. Attached is a lease renewal based
on the Committee recommendation.
The Lease also contains a scrivener's error, referencing Sobe Arts' name as Mystery Parks Arts
Company, Inc., instead of the correct corporate name of Mystery Park Arts Company, Inc., which is
currently doing business as Sobe Institute of the Arts. This amendment corrects this scrivener's error.
Advisory Board Recommendation:
The Finance and Citywide Projects Committee considered this at the June 11, 2014 meeting and
recommended continuing the Lease until August 2015 and then continuing on a month-to-month basis
until the Convention Center Renovation construction commences.
Financial Information:
Source of Amount Account Approved
Funds: 1
•
2
OBPI Total
Financial Impact Summary: N/A
City Clerk's Office Legislative Tracking:
Max Sklar
Sign-Offs:
Department,Director Assistant ity Manager City Manager
AGENDA ITEM MIAMI BEACH MP' ®ATE MAI)
MIAMIBEA H
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISS ON MEMORANDUM
TO: Mayor Philip Levine and Members f the City ommission
FROM: Jimmy L. Morales, City Manager
DATE: January 14, 2015
SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATIONS OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE; APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE AMENDMENT NO. 1 TO THE LEASE BETWEEN THE
CITY AND MYSTERY PARK ARTS COMPANY, INC. (SOBE ARTS),
DATED JANUARY 13, 2010, FOR THE DEMISED PREMISES LOCATED
AT 2100 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA; SAID
AMENDMENT CORRECTING A SCRIVENER'S ERROR IN SOBE ARTS'
NAME; AND PROVIDING FOR THE RENEWAL OF THE LEASE FOR A
SEVEN (7) MONTH RENEWAL PERIOD, COMMENCING JANUARY 13,
2015 AND ENDING AUGUST 12, 2015, AND CONTINUING
THEREAFTER ON A MONTH TO MONTH BASIS UNTIL SUCH TIME AS
THE CONVENTION CENTER RENOVATION AND EXPANSION
PROJECT BEGINS CONSTRUCTION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution as recommended by the Finance and Citywide Projects
Commission Committee.
BACKGROUND
Mystery Park Arts Company, Inc., d/b/a SoBe Institute of the Arts ("SoBe Arts"), currently
has a Lease Agreement for the use of a facility having approximately 3,080 square feet,
known as the Carl Fisher Clubhouse, located within the 21st Street Community .Center
Complex, 2100 Washington Avenue, and an additional building, having approximately
2,295 square feet, known as the "Little Stage Theater" located in the same complex
(collectively referred to herein as the "Demised Premises"). The Demised Premises is
authorized to be used for the purpose of conducting educational programs, film
workshops, theater/dance programs, and arts/acting/music classes and lessons, such as
professional performances, music concerts, arts lectures/demonstrations and
multidisciplinary and theatrical productions; art-related general events such as
community collaborations, fundraising events and student performances.
The Base Rent is $1.20 per year and the Additional Rent to cover SoBe Arts'
proportionate operating expenses is $10,464 per year, payable in monthly installments
of $872 per month (calculated based on $500 for the Clubhouse and $372 for the Little
Stage Theater). Pursuant to the Lease Agreement, the City also receives fifteen percent
(15%) of any gross revenues derived from third party rentals of the facility. The Lease
SoBe Arts'Lease Renewal
2100 Washington Avenue
City Commission Meeting
January 14, 2015
Page 2 of 2
Agreement entitles SoBe Arts to an initial five-year lease term, commencing on January
13, 2010 and ending on January 12, 2015, with two (2) renewal options of two (2) years
each at the City's sole discretion.
The Finance and Citywide Projects Committee considered this at the June 11, 2014
meeting and recommended continuing the Lease until August 2015 and then continuing
on a month-to-month basis until the Convention Center Renovation construction
commences. Attached is a lease renewal based on the Committee recommendation.
The Lease also contains a scrivener's error, referencing Sobe Arts' name as Mystery
Parks Arts Company, Inc., instead of the correct corporate name of Mystery Park Arts
Company, Inc., which is currently doing business as Sobe Institute of the Arts. This
amendment corrects this scrivener's error.
The Cultural Arts Council ("CAC") panel meeting for Anchors and Junior Anchors was
held on March 6, 2014. SoBe Arts scored the lowest of the 14 organizations evaluated,
receiving a final score of 64.4. A minimum of 80 points is required to be eligible for
funding and therefore SoBe Arts was not eligible for CAC funding in FY 2014-15.
CONCLUSION
The Administration recommends adopting the Resolution as recommended by the
Finance and Citywide Projects Commission Committee.
IN
I�
JLM/K%B/MS
T:WGENDA\2015\January\TCED\Mystery Parks Arts FCWPC Recomm MEMO.doc
1
AMENDMENT NO.1 TO THE LEASE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
MYSTERY PARK ARTS COMPANY, INC. ("TENANT") DATED JANUARY 13,
2010 (THE "AGREEMENT")
RECITALS
This Amendment No. 1 ("Amendment") to the Lease Agreement is made and
entered into on this day of , 2015 (Effective Date), by and
between the City of Miami Beach, Florida, a municipal corporation organized and
existing under the laws of the State of Florida, having its principal place of business at
1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and Mystery Park
Arts Company, Inc., a Florida not-for-profit corporation, having its principal place of
business at 2100 Washington Avenue Miami Beach Florida 33139 ("Tenant").
WHEREAS, Tenant, Mystery Park Arts Company, Inc. d/b/a SoBe Institute of the
Arts, has a lease agreement ("Lease Agreement" or "Agreement") for the use of a facility
having approximately 3,080 square feet, known as the Carl Fisher Clubhouse, located
within the 21st Street Community Center Complex, 2100 Washington Avenue, and an
additional building, having approximately 2,295 square feet, known as the "Little Stage
Theater' located in the same complex (collectively referred to herein as the "Demised
Premises"); and
WHEREAS, the Demised Premises is authorized to be used for the purpose of
conducting educational programs, film workshops, theater/dance programs, and
arts/acting/music classes and lessons, such as professional performances, music
concerts, arts lectures/demonstrations and multidisciplinary and theatrical productions;
art-related general events such as community collaborations, fundraising events and
student performances; and
WHEREAS, the Lease Agreement provides for an initial five-year lease term,
commencing on January 13, 2010 and ending on January 12, 2015, with two (2) renewal
options of two (2) years each at the City's sole discretion; and
WHEREAS, the Finance and Citywide Projects Committee (Committee)
considered the exercise of the initial renewal term at the June 11, 2014 meeting and
recommended extending the Lease for an initial seven (7) month renewal term,
commencing January 13, 2015 and ending August 12, 2015, and then continuing on a
month-to-month basis ("Modified Renewal Term") until the Convention Center
Renovation construction commences; and
WHEREAS, the Lease Agreement contains a scrivener's error, referencing
Tenant's name as Mystery Parks Arts Company, Inc., instead of the correct corporate
name of Mystery Park Arts Company, Inc.; and
WHEREAS, on January 14, 2015, the Mayor and City Commission passed
Resolution No. , accepting the recommendation of the Committee
and approving and authorizing the Amendment to the Lease Agreement, correcting the
scrivener's error and approving and authorizing the Modified Renewal Term; and further
authorizing the City Manager to execute said Amendment.
EXHIBIT
2
t� t 1
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Tenant hereby agree to amend the Agreement as
follows:
1. The above recitals are true and correct and are incorporated as part of this
Amendment.
2. Tenant, as referenced throughout the Lease Agreement is hereby amended to
reflect Mystery Park Arts Company, Inc., a Florida not-for-profit corporation.
3. Subsection 2.2 of the Lease Agreement is hereby deleted in its entirety and
replaced with the following:
2.2 At the expiration of the initial term herein, the City and Tenant agree to
renew the Lease Agreement for one (1) renewal term, of seven (7)
months, commencing January 13, 2015 and ending August 12, 2015, and
then continuing on a month-to-month basis, subject to termination by
either party, as more particularly set forth in Subsection 2.3 herein.
4. The first paragraph of Section 22. of the Agreement is amended to reduce the
notice period from one hundred twenty (120) days to thirty (30) days, and shall
be restated as follows:
22. Termination for Convenience.
Tenant acknowledges that the City may develop a schedule of capital
improvements for the Demised Premises. In the event that the City is
required to close the Demised Premises for the purpose of undertaking
such improvements, then the parties agree that the Lease Agreement
shall be terminated for convenience, without cause and without penalty to
either party. Such termination shall become effective upon one hundred
-- . e __ . _ •_ • -- _ •-- --- - thirty (30) days prior
written notice to Tenant.
5. Except as amended herein, all other terms and conditions of the Lease
Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
Rafael E. Granado, City Clerk Philip Levine, Mayor
Date Date
FOR TENANT: MYSTERY PARK ARTS
COMPANY, INC.
ATTEST:
•
By:
Secretary President
Print Name Print Name
Date Date
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