ADDENDUM TO SUBLEASE Addendum to SUBLEASE
The Winning Inning Inc., Sublessor
and
American all Institute & Neiman Nix, Sublessees
This addendum, to tree sublease, and it's addendurn between J-he Wirrrrirrr Irrrilrr l
Baseball Ac d my, . nc. arid rn rit.. r r Baseball Institute nd Nelman, Nix, is made
because CBI and Neiman Nix have sold the business and its assets to Zion Enterprise-r,
., a Washington or ration, effecLive October 1.4, 2011.
I I-rY.I., Zion Fnterprises, Arnerican Baseball Institute of Cletrr ,tr�r, LLC., and
For F. Strain desire Lo continue the present sublease ar'rd it's addendurn, as betw' (':`�(-,,-!n
11, Inc., ABI and l eirnan Nix,
I Inc,, A131 said Nelrna,rr Nix desire to r(,A s t ernsd s tr(,,,)m any �.,ndsttln
obliqatiom or r ponsi ilides Grader the terms of the l rrps rat sublease and its,
dd r darn
Therefore it l hereby agreed,
A, Pursuant to Paragraph ,2 of t-r e attached %&ease and addenidurn, ( rn rl~.rmd F
Exhibit 1), Zion Enterprises! Incl., a Wasl.,rirgton C r crr bon, American Baseball
In-stit to of Clearwater, LLC,, and m F, trairi accept and are assigned rill
terms of the attached sublease, effective this ... i day of
2011. Each part to assume all responsibilities rid obligaflon, under the terrns of
the attached sublease and it"s addendum,
M I c,, r t AEI and Neiman Nix from any and all provisions of the
".ch d sublease and addendum, effective his r L4 _ day off
2Q.11,
s, rid ` oiland, Presid "nt Nei r Nix rrr ar r ; l r r.,id `
I, Inc. 734 Eldorado Ave ABI
800 Philfies Dr Clea ter Beach, FL 33767 X34 Eldorado Ave.
Clearwater, 33755 lei r v t r 2 ch FL
l'rrr� r qtr"yin, Tom Strain,. I rdivrd 119 tJ tC' 6" �resident
Zion Enterprise-s,, Inc, ABI of Clearwater, LUC
734 Eldorado Ave
Clearwater Beach FL
Jack.. PUS5elt J r; r Stadi m
[ H
SUBLEASE
The Winning Inning Inc., Sublessor
n
American hate & Neiman Nix, Sublessees
Names,1. his Sublease is made by -TI)e fir ning Inning Inc. fit)
Florida Corporation, tiles tor, and Amt--Hcan BasebaH Institute & NOrna
Nix, (ABI), Sublessees,
6 fhe subl r is Subleasing to Sublessees nd Sublessees are renfing frorn
Sublessor a p6rdon of the, following i r r i c n locaoed at Jack Rowell
. rnple , 800 Phillies Drive, eafw `, Florida 33755-, as fullher
descdbed.
Clubhouse, located ra t left fleld bleachers,to ncA
the W ,° e-rya om d"19natM Fast Locker Roor", the
wash r eorn, men's bathrooms and showers, when coMpiete(i,,the
property immediately t of the clubhouse to the fence, pii r
rid the property directly beneath,the left field bloachers,except as is
necessary to 1 low public,ingress nd egress to the t r are
tht operotion and utilization of TWI equipavent and tractors.
a Original Lease- This sublease is subject t o all the terms and conditions of
the original raster lease dated December 4, 200 and the addendu r
dated, JanUary t, 2011 to c rt'ib r ' 1, t m Except as
specified in this Sublease, the Sublessees will perform and observe all of
the condiflons and terms of the originalor Deafer Lease as if the
Subliassees 'were named as the tenant in the original lease, The
SUblessees will do nothing that will creatt., ca breach by the Sublessor (i
of the terms or dit ions of ti`re orig inaI or rna ter lease,
, Term of the Leas This SUblease begins on t t day of January 20t rid
ends on 31st day of December 2012,
800, PhMes Drive, Clearvj ter, FL 337r,5
'$ a. r"'I'71 47,9a0%<: E a. 4 z,�;.t3`#u749,8r992,
too`_
5, Rent, Subl es ,e`& shall pay rent as ft'Al w:
"rhree Thousand Dollars, ($3,000.00), per mor th for the fir Twelves
t- months, nt Ml theri increaSo try FOUr Thousand DoH arrr per
month ftx the next 1 el t ) months. Rent is due and owing orr ar
by taa_ fry -') day of atc month a Pent not received the h (S"')
day of each month shall be tau t to late, c1harge of Ten Al r
10.. ) pe,,r day, Late cha rges wi I I bs,1 deemed rent d Ve a nd Owlnq
r ntol deposit of $12,000.00, (twelve thousand d llar �s required.
It shall be;applied to rent: owing or the months; of Jaruiary 2011
February Z0Ix November II and Decernber 2011.
6. Scheduling: Use of the 1(,�ased pre rnises is based or, a 11 90 I r c—
p r � � r-h r rrt I activities. Under rata circumstances rr�a any
1 activity interfere with or prevent _ I from conducting any of their
sched tiled, Mitt s,. urt "ter, TWI will have tour of ra n rat '.
the Est Clubhouse., per year for select nt. PNT will give at lea,
four s notice to ra lessees and Subl ees will have use of
the W.est Clubhouse during those four s.
iu Condition of the premises: Sublessees have inspeded the r r is(,
and kc-ept the prernises in ""as is"'condition. Should sublessees make
-
any rr t rrrprra rn r is to the , ig n t 'ads, thOS
improvementss rer rrairs are the property of the Sublessor at the
termination of the, SLjbleascR
S. Maintenance & Repair: The sublessees.' obligation for maintenance
strap include the general ray tr) day deaning of those areas spy clfic,,
above afar their use. THs includes but. is not flmitpd to rerno'val of all
garbage curnul t d dUhng any use, deaning of floors and
'r ms/sha w rs, when utilized. Sublessees agree to keep the
described r mis in good condition and repair including but not
Ilia to; iradmj, structural portions, walls, lockers, app]lances,
The,Whining Inning
Jack rzussel� memorial stad'vUrn
8g?rs r'h i ie., O?=.'. i"'fsJai's;'$' Ft. a..�'i r 5 5
Dff
1,79.7'�o,19% R u. 813.749,8992,
x�
t Utilities and r Related Charges-. falser shall pay eater
and septic/sewer r l d to the designated premises. Su l ss s Shall
y all other costs including fe trir 1, s r°ate bill frorr'r TIAID,
telephone, arm janitorial s r rces if r eque-5t ed..
'10. to trr °are ; Sublessees wil not assign this sublease
or further sublet arty part of the premisc,,s without the writf rr consent
of the Sublessor. The Sublessor ,mil n t Unr sr naNy withhold consent,
11,Notices from r If l rt City of ClearVater, notifies Libl sse .,rr
of any breach of the terms, or conditions ns f the rtr lr i lease, which
Sublessees re obligated to perform, the Su less( s will immediately
notify ubl ssor in writing. Suhl sra '; will irnrrr rtia tely cur p. Notice to
rill ssor° shall be 5 days. Sublessees sh ll hav(', 30 drys tO Wre any
hr h, FailUrP tray Cr WEr Will be t(,--!e me cletault unless s rrh clfr carincit°
be curet! alt'rirr 30 days,
If landlord notifies the Sublessor of an, breach of the tPernis
conditions of the original lease, which Sublessee is obligated to perforno,
tl..r n ffie Sublessor will immedlately notIfy the Sublessees in wrIting. The
Sublessees will immediately cure any breach.
12. Indemnification r Sublessee shall maintain with or otherwise
covered y an insurance arrl r° of i s choice, proviOng cosh and
expense, rof ssion l liability insurance for limits of liability, riot less
than $1,000,000.00 per incident and corTirnercial general liability
insurance for limits of !lability not less than $1,000,000.00 r
occurrence for bodily injury, property damage and personal injury
liability. This coverage can be ta l e Linder a single rxeAir r, or
c rn irr ti n of policies with a total aggregate of it l llity of riot less than
11 r tIF0,00�
t.h .Sr<bkns c shall provide to the Sublessor a certiflicate Of ir"IS.rrsa';inc
'for all insurance ante ll l es that this sublease requires Futthier, each p 1a4'y
shall ensure. that, ublc.ss t€ ""'apt and Landlord Cilty Cleat€`iatt'.r art,,
named as additional insureds
The SUblessees shall act as independent antr t rs and agree to
assume all risks ref providing their° :,`wive , and products and all ll billt
1-h ere f ror."i and shall defeat., irrr err'rrtify and t°rr"Ad h rr k--,s, 'PRI and the
The Whining Irinking
-' r Russell Mer a io i Swdi:rarrt
Phrrlr W Dfl` ;' , f,�la.:?ar'v5datc,_r,, OF! 37 S
'P47,90901, Fax',' itr0
$^fit t,."WI HI f hip"
City of Clearwater, and their respective ulcers, rtrr c:tors, agents,
servants and employees from n against any and all claims of loss,
liability and darnages of whatever nature to rsons and property,
including but not limited try, death of or injury to ll person, and loss of
the use of any property, except clairrrs arising trorrr ttr rre llg rr r r
willful rrr sr4or�rduct rat"I M 's orThe amity of Clearoiaters respective agents,
or employees,rye orris InClUdes, bUt iS rr t Brit trr matters arising out of
or, claimed to have y rr caused y, or in any rnanrr r related to ABI,
9-61ess ' activities or those of any approved or Unapproved invitee,
contractor, subcontractor, or other person approved, authodzed or,
permitted by Stiblessees in or about the prernises, whether or riot based
or) negligence,
l r,, Access, The SUblessor and Landlord shall have the right to rater the
rr j c Premises es to make iris r irrrrs and provide necessary ,,,r r ices or
to show the, premises
14, Notice and Right to Cure. a lass r shall give Sublessee tier, 0j
days written notice of monetary default and right to cure witi-lin the,
tern t ray period anti sha I give tl lrty 30 day n t c r a ray non-
monetary fault and a right to care within tire, thirb 0) dray period,
15- i li r _ The Sublesskx repre'sents, to the best of its
knowledge the U&P Of the F;Ubl red rrrr°n s --� for the intended rpos
of recreational n is in compliance with all applicable laird use and .
zoning 1 avv% rules and regulations- ri r does not release the
from its responsibility ire ascei-Lairfing and ensuring the sarne zoning
compkancem
16, Special Casualty. ub� ssees agree that it the u l M.»„r pre',mises,
described ril e becornes pattially or totally r. rat satrl r hefore the
t rrnin ti rr of this contract that the sublease-, shrill be terminated,inert with
no right of cl irr', for any damages rnonetary or otherwise., r pour r tfilrty
ya
(30 days notice from t.=U l s r, this special casualty r l l n is in
anticipation of any potential change in the future use of the designated
property y this landlord, City `l rr t r or Sublessor, T t
Tile Winoning, Inning
taco jmip-H M rnorial Stadkjrn�
727,797,9090, Fax� 813,749'A992"'
If for any other- reason the describ roperty becomes ur usab[ , partially
rjr '[0tally so that Sublessees cann ot opczrate their business t4en
Sublessees U i s or have the right to terrnk'rats° this agr anent
with this 3 s rrr')tine.
17, Sublessor Consent. In all m 't p'rs rr terred to in 11fis noblesse, wh re
Sub lessor's sr r' n rrt or approval is required, r.,rbi r r r agrees Lhat it will
not unreasonably, withhold or delay in its consent or approval said to thc_
extent that sluch approval orm consent reqOres any d1scr tl rrr, Sublessor
ree,s to be reasonable in exerdsing anv such discretion.
cretion.
18, Representations and Warranties. Sublessor warrants and reapresents,
that it has tall right and authoril:V to nt r into and perform its
l€ cat r r under this sublease agreement, further there are rrrr other
-third patty claims Lo the ubleaser promises r Sublessor is r°ot in
default of they Master Lease.
19, RisK of r All personal r r placed r roved i the r i n g
mires shbil, be t the risk of the Subles_wss. Sublessor rr n r Landlord
shall be be respohsible or fiable to hl -es for any damag or loss
that may be occasioned by or thrr r.ug h the mats or emissions of !rs r ;t
using oin ing prem, v, or any part of the prerni,_ses adjac,nt to or
nho t with the remi:ws
0. Entire Agreement. This sublease agreement nt:V ns the tlr°r=_
agreement 6f the parties and there are no other prornises or Conditions
In any other,agreement, wh th rW writteri or or i.
21x Notices. Ali riotices MUsL be In writfing. A notice,, may be dedivered :r
party at the which follows ws aity's signatUre or a new address
that a party,designates its wrlt r , A n tics- may be r rwir er r m in person,
by r rti ed mail r - by courier,
- LL i his �� hi s will be governed �j the i aws of the estate
of Florida.. _
""tie w nnlru ironing
Phillies, C)rM*:,:, Clearwater, FL
rf { T-" 797'9090, �ax3 '1 Y,749.899 ,,.. vvfc' ,:,�Sru
3. Counterparts. The parties may sign several identical counterparts of this
u l a & Any fully signed counterpaft stall be treated as an r°r glr
4, Modifications, ThN afjrr�_-e� nr_, t. may be rnodffled only by wr9dng, Signed
by` the party In t whom sixh m d t r ter.n is sought or enforced.
5, very tt any court determines that any provision of this iease is
lnvaild or unenforceable, Any invalUty or unenforceability will Qnly affect
that Provision and will not rnake any rather provision of this sublease
invalid or n. t r eab and shall be m d' °i d amended or limited only
to the extent necessary Lo reader it valid or, enforceaNe,
265. Termination - r su otwith t r'rdi any Ater
Provision of this lease, the u.Nes r may terminate this lease upon thirty
d days written notice to the Sublessees that the premises have either
d n .gold or otherwise rendered unusable dl or any PUr osrrS by the
Landlord as delineated in the Master Lease,
27. Reports. Sublessee Is specifically exc d d from any rcquirements, of td
Master Lease, requiring reports to the Landlord, ind ding but not, firnited
to Paragraphs 5 and ,
M. Successors and Assigns_ This sublease birds and benefits the € irs,
successors rand assignees of the S r i -
REMAINDER OF PA(-AE INTENTIONALLY LEFr BUNK
rile wirming 111niri
a, 81 4.7/V9,Jr, e,
Al F ;
rhe Winning Inning, Inc:, American Baseball lnstitute
4
800 PhHhes Dr. 800 Phillies Dr.
Cle-at-water, FL 3375 C�---amater, FL 33/55
r
ell
,' land, P�-esident Neiman Nix, for ABI
v � f
Date Neiman Nip, TndMdLM11y
Date
The Winning Inning
Jack Russ--H Merrorlai Stadlurn.
F 1 t I r