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HomeMy WebLinkAboutContract 46908-R7CSC No. 46908-R7 SEVENTH RENEWAL FOR CITY SECRETARY CONTRACT NO. 46908 LEASE AGREEMENT FOR THE ROSE MARINE THEATER This LEASE AGREEMENT RENEWAL FOR THE ROSE MARINE THEATER ("Renewal') is made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule municipal corporation under the State of Texas, acting by and through DANA BURGHDOFF, its duly authorized Assistant City Manager, and ARTES DE LA ROSA ("Lessee"), a domestic non-profit corporation, acting by and through William Giron, its duly authorized Executive Director. RECITALS The following statements are true and correct and form the basis of this Agreement. WHEREAS, on or about August 1, 2015, the parties entered into City Secretary Contract ("CSC") No. 46908, a Lease Agreement for the building known as the Rose Marine Theater located at 1440 and 1444 North Main Street, Fort Worth, Texas ("Lease"); and WHEREAS, the Lease provided for a two (2) year initial term with eight (8) one-year options to renew; and WHEREAS, the sixth (61h) renewal term of the Lease expired on July 31, 2023; and WHEREAS, as part of the renewal requirements, Lessee is required to provide Lessor a request for renewal of the Lease term, a report outlining the use of and services provided by the Lessee under the terms of the Lease, and annual financial statements for the prior calendar year including IRS Form 990; and WHEREAS, on July 26, 2023, the Lessee provided the items required for the lease renewal and both parties agreed to exercise this seventh (7th) lease renewal; and WHEREAS, the parties would now like to enter into this seventh (7th) renewal of the Lease for a one (1) year term. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Lessor and Lessee hereby agree as follows: 1. The Lease is hereby renewed and extended for the seventh (7th) permitted renewal term of one (1) year, commencing on August 1, 2023 and expiring on July 31, 2024. OFFICIAL RECORD Renewal Option No. 7 to CSC No. 46908 CITY SECRETARY Page 1 of 3 FT. WORTH, TX 2. All other terms and conditions of the Lease shall remain in full force and effect. The statements set forth in the recitals above are true and correct and form the basis upon which Lessor and Lessee have entered into this Agreement. The Lease is a public document on file in Lessor's City Secretary's Office and is incorporated herein by reference for all purposes. All other provisions and conditions of the Lease that are not expressly amended herein or directly in conflict with the provisions and conditions of this Amendment shall remain in full force and effect. [Signature Pages Follow] Renewal Option No. 7 to CSC No. 46908 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of August , 2023. LESSOR: City of Fort Worth, a home rule municipal corporation under the State of Texas a< Bu�ghdnff By. Dana Burghdoff(Aug 9, 02314:38 CDT) Dana Burghdoff Assistant City Manager Date: Aug 9, 2023 LESSEE: Artes De La Rosa, a Texas non-profit corporation By: Title: Executive Director Date: August 8, 2023 CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By. Mark Bron (Aug 9n (Aug 9, 2023 08:58 CDT) Mark Brown Lease Manager Date: Aug 9, 2023 AS TO FORM AND LEGALITY: By: Jeremy Anato-Mensah Assistant City Attorney Date: Aug 9, 2023 ATTEST: By: A z Jannette S. Goodall City Secretary Date: Aug 9, 2023 M&C: C-27400 Approval Date: 7/28/2015 Renewal Option No. 7 to CSC No. 46908 OFFICIAL RECORD Page 3 of 3 CITY SECRETARY FT. WORTH, TX CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 7/28/2015 Official site of the City of Fort Worth, Texas FORy T H Create New From This M&C DATE: 7/28/2015 REFERENCE C-27400 LOG NAME: 25ARTESDELAROSA2015 NO.. CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT. Authorize Execution of a Lease Agreement with the Artes De La Rosa for the Rose Marine Theater and Annex Building Located at 1440 and 1444 North Main Street, Fort Worth (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Lease Agreement with Artes De La Rosa for two years with eight one-year options to renew for the Rose Marine Theater and the Annex Building located at 1440 and 1444 North Main. DISCUSSION: In 1998, the City received a Section 108 loan from the U.S. Department of Housing and Urban Development for development of the Mercado de Fort Worth project in the 1400 Block of North Main Street. Part of the project was to renovate Roseland Theater, now called the Rose Marine Theater (Theater), to be used as a cultural and community gathering place. On October 24, 2000, (M&C L- 12930) once the renovation of the theater was completed, the City entered into a five-year Lease Agreement with the Latin Arts Association of Fort Worth (City Secretary Contract No. 26440) for management services of the Theater. On April 19, 2005, (M&C C-20667) the lease was terminated and a new lease was executed to include the Annex Building (City Secretary Contract No. 32235) in the management services for a period of three years with two one-year options. The lease expired in 2010 and has been held over under the same terms and conditions. In 2011, the Latin Arts Association of Fort Worth (LAA) changed its name to Artes De La Rosa (ADLR). ADLR is a non-profit organization established to promote Latin arts and culture in the City and to encourage the youth of the community to pursue a life in the arts. ADLR has requested a new lease. The proposed Lease Agreement with the ADLR will be for a period of two years with eight one-year options to renew. ADLR will manage the Theater and the Annex Building and oversee its operation and maintenance. The lease provides that the primary use of the building is to benefit low and moderate -income citizens of Fort Worth. ADLR will pay rental of $1.00 per year to the City and the City will subsidize the balance of the fair market rental at an estimated value of $179,554.00. The Lease Agreement also provides that the City will be responsible for preventive maintenance and major maintenance of the facility. ADLR will reimburse the City for the estimated cost of the preventive maintenance on the basis of $4,000.00 annually, paid in four equal parts on August 1, November 1, February 1 and May 1. This amount will increase annually with the August payment based on prior year Consumer Price Index increases. The City will be responsible for major maintenance including the building envelope and mechanical systems. The City will explicitly not be responsible for theatrical lighting, curtains, sound, etc. In addition to the Lease Agreement, the ADLR receives a grant of $50,000.00 per year through the Arts Council for management of the facility. This proposed project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that Public Events will be responsible for the collection and deposit of the yearly rent. TO Fund/Account/Centers GG01 442001 0214020 $1.00 Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers Susan Alanis (8180) Kirk Slaughter (2501) Betty Tanner (2502)