HomeMy WebLinkAboutContract 19139-AD1 CITY SECRETARY
CONTRACT NO. C� .13C
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ADDENDUM TO
LEASE AGREEMENT WITH CASA MANANA MUSICALS, INC.
TO OPERATE CASA MANANA THEATER
(CITY SECRETARY CONTRACT NO. 19139)
This Addendum ("Addendum") is made and entered into by and between the
CITY OF FORT WORTH, a Texas home-rule municipal corporation("Landlord"), acting
by and through Susan Alanis, its duly authorized Assistant City Manager, and CASA
MANANA, INC. f/k/a CASA MANANA MUSICALS, INC., a Texas non-profit
corporation ("Tenant"), acting by and through Wally Jones, its duly authorized president.
RECITALS
A. On June 2, 1992 (via M&C C-13393), the City Council authorized execution of a
lease agreement with Casa Manana Musicals, Inc. for the operation of the Casa Manana
Theatre ("Theatre"), and the parties executed Lease Agreement with Casa Manana
Musicals, Inc. to Operate Casa Manana Theater (City Secretary Contract No. 19139)
("Lease"), under which Lease Tenant agreed to operate and maintain the Theatre and the
improvements at no cost to the Landlord.
B. On November 8, 1994 (via M&C G-10875), the City Council authorized a
payment for a new boiler at the Theatre, and the parties executed Addendum to Lease
Agreement between the City of Fort Worth and Casa Manana Musicals, Inc., under which
Tenant agreed to repay Landlord for the cost of boiler replacement.
C. On October 22, 2002 (via M&C G-13779), the City Council authorized approval
of extensive renovation plans to the Theatre to convert the Theatre from a"theatre-in-the-
round" configuration to a modified thrust/proscenium stage, and the Theatre financed the
renovation through a capital campaign and a loan.
D. On August 9, 2007 (via M&C C-22293), the City Council authorized an
amendment to the Lease for the construction by Landlord, at Landlord's expense, of a
fence along the western border of the Theatre, and extended the Term (as defined in the
Lease) to December 31, 2020 due to Tenant meeting a threshold of expenditures on the
Theatre as set forth in the Lease.
E. On October 12, 2012 (via M&C C-25892), the City Council authorized an
interlocal agreement with Tarrant County for the reconstruction of the Theatre's parking
lot, with the City contributing over$80,000.00.
F. On November 11, 2014 (via M&C C-27074), the City Council authorized an
amendment to the Lease to extend the term to December 31, 2024 pursuant to the request
of Theatre, so that the Term coincides with the terms of a loan that is being transferred to
another financial institution.
Addendum to Lease with ®FF�CIpL.RECOR®
Casa Manana Musicals,Inc.
Page 1 of 4 CITY SECRETARY
FT.
VWORTH,TX
G. On November 8, 2016 (via M&C C-27987), the City Council authorized an
agreement with Theatre for cost sharing in the design and construction of 2,200
additional square feet of office space, 1,400 square feet of storage, and a new 1,400
square foot theater (collectively, the "Improvements"), with the City reimbursing half of
the cost of the improvements up to the amount of$409,000.00.
AGREEMENT
In consideration of the mutual covenants contained in this Amendment, Landlord
and Tenant agree to amend the Lease as follows:
1. Lease. The parties agree that the Improvements to be constructed pursuant to this
Addendum shall be subject to all terms and conditions of the Lease, as amended, except
as set forth herein. In the event of any conflict between the Lease, as amended, and the
Addendum, this Addendum shall control. All terms and conditions of the Lease, as
amended, are ratified and remain in full force and effect.
2. Improvements. Prior to entering into any contract for the construction of the
Improvements, CMI agrees to obtain approval of the design plans for the Improvements
from the Director of Property Management. The Improvements constructed at Casa shall
substantially conform to the approved design plans. The Improvements shall be
constructed by contractors selected by competitive bidding procedures pursuant to
Chapter 252 of the Local Government Code. CMI shall obtain, at its sole cost and
expense, all necessary permits, licenses, and approvals for the design and construction of
the Improvements. Once construction of the Improvements commences, CMI shall use
good faith efforts to ensure the diligent and timely completion of the Improvements. All
other terms and conditions of the Lease relating to Improvements not in conflict with this
Addendum, including but not limited to Section 3.2, Liens and Bonds, remain in full
force and effect.
3. Funding. CMI shall be solely responsible for obtaining any and all necessary
third-party financing for the construction of the Improvements. Following the issuance
of a certificate of occupancy for all Improvements, City agrees to reimburse CMI for
50% of actual design and construction costs, up to a maximum reimbursement amount of
Four Hundred Nine Thousand and no/100 Dollars ($409,000.00). Reimbursement shall
be paid by City to CMI upon the submission by CMI to City of proof of expenditures in a
sufficient form and substance, as determined by City in City's sole reasonable discretion.
4. Insurance. In addition to the insurance required by the Lease, as amended, CMI
shall obtain the following insurance during the construction of the Improvements:
Generally. Tenant shall procure or require Tenant's Contractor to procure and
maintain at all times during the Term, in full force and effect, the following policies
of insurance: (i) statutory worker's compensation insurance for all of the
Contractor's employees and all workmen on the Leased Premises performing
construction of the Discretionary Improvements, (ii) commercial general liability
Addendum to Lease with
Casa Manana Musicals,Inc.
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insurance, (iii) business automobile insurance, (iv) builder's risk insurance, and (v)
environmental impairment liability (EIL) and pollution liability insurance. The
commercial general liability insurance policy and the automobile liability insurance
policy shall be primary to all other insurance maintained by Lessee or Lessor and
shall be non-contributory and shall be written for not less than the limits of liability
as follows:
a. Commercial General Liability:
$2,000,000 each occurrence;
$3,000,000 general aggregate per project;
$3,000,000 product/completed operations aggregate; and
$2,000,000 personal and advertising injury.
b. Business Automobile Liability:
$1,000,000 each accident on a combined single limit basis. Coverage shall
be for"Any Auto"owned,non-owned,and hired.
C. Worker's Compensations
As required by law.
$1,000,000 Part B: Employer's Liability
d. Environmental Impairment Liability(El"and Pollution Liability:
2,000,000 per occurrence
2,000,000 aggregate
4.01 Umbrella or Excess Liability. If insurance policies are not written for specified coverage
limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability
shall follow form of the primary coverage.
4.02 Additional Insured. The City, its officers, employees and volunteers shall be named as an
Additional Insured on all applicable insurance policies.
4.03 Waiver of Subrogation. The insurance shall include a waiver of rights of recovery
(subrogation)in favor of the City of Fort Worth.
SIGNATURE PAGE TO FOLLOW
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Addendum to Lease with
Casa Manana Musicals,Inc.
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This Addendum shall be effective on
TENANT:
CASA MANANA, INC.,
a exas non-profit corporation
B 9F Fo
y Wally Jon
President and c ive Producer
LANDLORD:
-CITY OF FORT WORTH,
a Texas municipal corporation A ST:
By: �---� ` ,ccs `7►�
Jesus J. Chapa ��7 ity Secretary
Assistant City Manager
VP,,ROV_VD.AS TO FORM AND LEGALITY:
enior Assistant City Attorney
OFFICIAL RECORD
Addendum to Lease with CITY SECRETARY
Casa Manana Musicals,Inc. FT.WORTH,TX
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Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
For the monitoring and administration of this contract, including
Ensurin all performance and reporting requirements.
Nam o Employee
C< -� e'c
Title Lj
Addendum to Lease with
Casa Manana Musicals, Inc.
Page 5 Additional Page for Contract Compliance Manager