Amendment No. 1 to the Lease Agreement with Mystery Park Arts Company, Inc. aols_- 2,T$93
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 3 day r ® of /?bYll4r 2015 (Effective Date), by and
between the City of Miami Beach, Florida, a m nicipal 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. 2015-28893, 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.
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
-_ -- e _- _ •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:
r f=` rl CITY OF MIAMI BEACH, FLORIDA
.
L
ATTEST:
P' INCORP)0RA1 ED *1
Ra ael E. Gr ado, Mayor
City 'Y
3/
IS Date r -to
APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTION •
ci9twv‘
City Attorney X3'1 D '�
i
FOR TENANT: MYSTERY PARK ARTS
COMPANY, INC.
ATTEST:
By: .--,044(.1- _._..______ C________-----,
Secretary President
RA&,,---t CkttwJ/er 61-om.) 1 to Wi L
J
Print Name Prin e.
75714-
Z
Date Date
I� �
F:1 Gisela\FormsWmendments\Amendment Template