HomeMy WebLinkAboutContract 19139-AD1A1 CITY SECRETARY
CONTRACT NO._1 l
AMENDMENT TO THE ADDENDUM TO THE
LEASE AGREEMENT WITH CASA MANANA MUSICALS, INC.
TO OPERATE CASA MANANA THEATER
(CITY SECRETARY CONTRACT NO. 19139-ADI)
This Amendment to City Secretary Contract Number 19139-ADI,
("Amendment") 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.
Amendment to the Addendum to the Lease with
Casa Manana Musicals,Inc.
Page I of 3
M
OFFICIAL RECORD K�
CITY SECRETARY
FT.WORTHO TX
, ' �' V
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.
H. On September 9, 2017 (via M&C C-28380), the City Council authorized an
amendment to the Agreement with Casa Manana, Inc., to include additional City of Fort
Worth participation of up to $30,000.00, for the construction of additional facilities
located at 3101 West Lancaster Avenue, for a total participation of$439,000.00.
AMENDMENT
In consideration of the mutual covenants contained in this Amendment, Landlord
and Tenant agree to amend the agreement (City Secretary Contract Number 19139-ADI)
as follows:
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 Thirty Nine Thousand and no/100 Dollars ($439,000.00). 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.
SIGNATURE PAGE TO FOLLOW
Amendment to the Addendum to the Lease with
Casa Manana Musicals,Inc.
Page 2 of 3
This Amendment shall be effective on ,2017.
TENANT: LANDLORD
CASA MANANA, INC., CITY OF FORT WORTH,
a Texas non-profit corporation a Texas municipal corporation
By: _— By: T'41
ally Rnies Jesus J. Chapa
President a�l-k-l"� utive Producer Assistant City Manager
Contract Compliance Manager:
Bysignit„ knowledge that I am the person responsible
Fort�e lin pito ing and administration of this contract,including
I surin all p rformance and reporting requirements.
N m o En 1 ee
Title
AP OVED AS TO FORM AND LEGALITY:
for Assistant City Attome �Q��►
AT ST:
7) �.
ity Sec "cXA�
M&C: C-28380
Date: 9/19/2017
NA t;�hS: D-u i I al.lo Cl�544
Amendment to the Addendum to the Lease with
Casa Manana Musicals,Inc.
Page 3 of 3 OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,Tx
M&C Review Page 1 of 2
Official
CITY COUNCIL AGE
FORTIVORTII
w
L
COUNCIL ACTION: Approved on 9/19/2017
DATE: 9/19/2017 REFERENCE NO.: **C-28380 LOG NAME: 21 CASA ADDITIONS
AMENDMENT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Amendment to the Agreement with Casa Manana, Inc., to Include Additional City
of Fort Worth Funding Participation of Up to $30,000.00 for the Construction of Additional
Facilities Located at 3101 West Lancaster Avenue, for a Total Participation of$439,000.00
(COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize an amendment to the Agreement with Casa
Manana, Inc., to include additional City of Fort Worth participation of up to $30,000.00, for the
construction of additional facilities located at 3101 West Lancaster Avenue, for a total participation of
$439,000.00.
DISCUSSION:
On November 8, 2016, the City Council authorized execution of an Agreement with Casa Manana,
Inc., (CMI) for the construction of improvements to the facility located at 3101 West Lancaster
Avenue and authorized City of Fort Worth funding participation up to $409,000.00 (M&C C-
27987). The Agreement requires CMI to utilize the competitive bidding process, obtain all required
permits and provide and maintain necessary insurance during construction. On May 9, 2017, the City
Council authorized waiving the Building and Trade Permit Fees to construct the improvements (M&C
G-19001).
Although CMI agreed to obtain any necessary financing for constructing the improvements, recent
bids received for the project were higher than originally estimated. As a result, CMI has requested
additional funding participation from the City. Approval of this Mayor and Council Communication
(M&C)will authorize the City to commit up to an additional $30,000.00 of funding
participation. Following issuance of required Certificates of Occupancy, the City will reimburse CMI
50 percent of the actual costs of constructing the improvements, up to a maximum amount of
$439,000.00, from future Community Partnership Funds.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current programmable capital project
budget, as appropriated, of the General Capital Projects (COMMUNITY PARTNERSHIP) Fund.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund I Department Account Project Program Activity Budget Reference# Amount
ID I I ID I I I Year Chartfield 2
http://apps.cfwnet.org/council_packet/mc review.asp?ID=25113&councildate=9/19/2017 12/1/2017
M&C Review Page 2 of 2
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Steve Cooke (5134)
Additional Information Contact: Steve Cooke (5134)
ATTACHMENTS
21 CASA ADDITIONS FORM 1295.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25113&councildate=9/19/2017 12/l/2017
CERTIFICATE OF INTERESTED PARTIES
FARM 1295
lofl
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1. Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number.
of business. 2016-126954
Casa.Manana Inc
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/20/2016
being filed.
City of Fort Worth Date Ac n I�ged:
Id
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a.
description of the services,goods,or other property to be provided under the contract.
21-CASA-ADD
construction:addition of office space funded in part by city of fort worth
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
`VAv John Robert Beatty
I My Commission Exyir"
07/06/2019
Signa lire a horiz gent of contracting business entity
AFFIX NOTARY STAMP 1 SEAL ABOVE !! /�}
Sworn to and subscribed before me,by the said this the Z I day of �`c tohe
20_1_(p__,to certify which,witness my hand an eal of office.
Signature of officer administering oath Printed name of officer administering oath Tide of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277