The URL can be used to link to this page

Home My WebLink AboutContract 36015 QTti' SECRETARY CONTRACT NO. AMENDMENT TO CITY SECRETARY CONTRACT NO. 19139 LEASE AGREEMENT WITH CASA MANANA MUSICALS, INC. TO OPERATE CASA MANANA THEATRE THIS AMENDMENT ("Amendment") is made and entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, and Wise Counties, Texas (hereinafter referred to as "Landlord") acting by and through its duly authorized Assistant City Manager, and CASA MANANA MUSICALS, INC., (hereinafter referred to as the "Tenant") acting by and through Denton Yockey, it's duly authorized President, collectively referred to as the "parties." RECITALS WHEREAS, on June 2, 1992 (via M&C C-13393), the City Council authorized execution of a lease agreement with Casa Mariana Musicals, Inc., for the operation of the Casa Mariana Theatre (hereinafter the "Theatre"); and WHEREAS, the term of the Agreement, CSC No. 19139 (hereinafter the "Lease") was originally for a period of twenty (20) years, beginning retroactive to January 1, 1990 with two (2) successive five (5) year options to renew; and WHEREAS, on October 22, 2002 (via M&C G-13779), the City Council authorized approval of extensive renovation plans to the Theatre; and WHEREAS, upon completion of the renovations, the term of the Lease was automatically extended for ten (10) additional years pursuant to section 1.2 of the Lease, thereby providing for an expiration date of December 31, 2020; and WHEREAS, a chain link fence currently borders the Theatre's west bound -3- rIp'.Vho% it separates the Theatre from the property of the Will Rogers Complex; and V , , WHEREAS, the parties desire to replace the chain link fence to match the existing wrought iron and brick fence on Lancaster street along the west boundary of the Theatre parking lot. NOW THEREFORE, for good and valuable consideration and the mutual covenants set forth below, the parties hereby agree as follows: SECTION 1. Article 1, Section 1.2 of the Lease is deleted in its entirety and replaced with the following: Section 1.2. Term. The term of this Lease shall begin on the first day of January 1990 (the "Commencement Date"). The parties agree that Tenant has completed the structural improvements and renovations contemplated by Section 3.2 of this Lease, and therefore, pursuant to the previous agreement between the parties, the term of this Lease is extended to December 31, 2020 (the "Term"), subject to the termination provisions herein. SECTION 2. Article 3 of the Lease is hereby amended to add Section 3.3 to read as follows: Section 3.3. Replacement of Fence. Landlord shall replace, or cause to be replaced, the chain link fence that separates the Theatre property from the Will Rogers Memorial Complex on the west boundary of the Theatre. The chain link fence shall be replaced with a wrought iron and brick fence to match the existing fence on Lancaster street along the west boundary of the Theatre. The fence shall be replaced at no additional cost to the Tenant. Tenant shall fully cooperate with Landlord in the fence replacement process. Landlord shall be responsible for maintenance and upkeep of the fence. The demised premises shall be modified in accordance with the diagram attached as Exhibit A-1, which is hereby incorporated into the Lease and made a part thereof for all purposes. SECTION 3. All other terms and conditions of the Lease between the Landlord and Tenant shall remain in full force and effect except as specifically amended herein. (Signature Pages Follow) 2 EXECUTED in multiple originals on this-0��#day of , 2007. AGREED: CITY OFF FORT W H: ATTEST: Z By: _ By: JOE A*, GUA MARTY HEND A.ssis4ant ity Manager City Secretary Date: l D 2 07 Date: RECOMMENDED: APPROVED AS TO FORM AND LEGALITY: r By: By: IRK SLAUGHTER MALESfA FARMER Director Public Events Assistant City Attorney Date: a` Date: Contract Authorization: M&C: C-22293; Approved 8/9/07 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Joe Paniagua, Assistant City Manager for the City of Fort Worth, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City for Fort Worth and that he executed the same as the act of the said City of Fort Worth for the purposes and consideration therein expressed and in the capacity herein stated. GN N UNDER MY HAND AND SEAL OF OFFICE, this day of 2007. ..rO AaY PUBIC MARIA$.SANCHEZ NOTARY PUBLIC _ STATE OF TEXAS 11 F otar Public in and for the State o exas My Comm.Exp.12-14-2009 y ._...,_._ ._,._..._.,..�.._ 3 `; CASA MANANA MUSICALS,INC. ATTEST: By: WB YOC [Na �] Jeannene Berlin Preside [Titl Secretary Date: D STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally Denton Yockey for Casa Manana Musicals,Inc.,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Casa Manana Musicals Inc., and that s/he executed the same as the act of the said Casa Manana Musicals, Inc., for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this l f day of G-b d 6-p— - , 2007. Notary Public in and for the State of as "ay BARBARA K.KENNEDY Notary Public « STATE OF TEXAS of�y My Comm.Up.10/04/2009 hibit A-I Attached) 4 EXHIBIT A-1 Wroughtn 'ro ro _ Concrete Fence _ Beginning at the southernmost portion of the existing EXISTM I11' IPZN ROD wrought Irqn and concrete fence and following the curb line along the new boundary line as Indicated and ending op. NEW 50MART LINE at the northwest comer of the Casa Manana Rehearsal Hall. ExwnHG BOUNDARY'LINE NB4 BOUNDARY LINE f EXISTING BOUNDARY LINE NEW BOUNDARY LINE 26.8V S 3US%' EXISTING BOUNDARY LINE NEW BOUNDARY LFME-/�� Casa Manana Rehearsal Hall wmr.BOUNDARY LINE OMMIONS AM TO B=OF aMB N 0 Huhaftlill architects Mamv planners SURford Irterlors CASA MANANA BOUNDARY i#=am,%,mvxw FvftVftjS dft=MO& 817.= fj SCALE M W JULY 48%20M fWC City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved As Amended on 8/9/2007 DATE: Thursday, August 09, 2007 LOG NAME: 25CASALEASE REFERENCE NO.: **C-22293 SUBJECT: Authorize an Amendment to the Lease Agreement Between the City of Fort Worth and Casa Manana Musicals, Inc., for the Construction of a Fence Along the Border of Casa Manana and the Will Rogers Complex RECOMMENDATION: It is recommended that the City Council authorize an amendment to the Lease Agreement between the City of Fort Worth and Casa Manana Musicals, Inc., for the construction of a fence along the border of Casa Manana and the Will Rogers Complex. DISCUSSION: The Southwestern Exposition and Stock Show has proposed to replace the chain link fence that separates the Casa Manana property from the Will Rogers Complex with a wrought iron and brick fence to match the existing fence on Lancaster Street and along the west boundary of the Casa Manana parking lot. It is recommended that the fence line be modified in order to install the fence on a level surface instead of a sloped area. The attached diagram illustrates the existing boundary line and the proposed new boundary line. On June 2, 1992, (M&C C-13393) the City Council approved the Lease Agreement between the City of Fort Worth and Casa Manana Musicals, Inc., for the operation of the Casa Manana Theatre retroactive to January 1, 1990. The term of the lease expires on December 31, 2020. The property is all owned by the City of Fort Worth, however, a portion of the new boundary line extends beyond the area covered in the lease agreement between the City of Fort Worth and Casa Manana Musicals, Inc. The attached diagram indicates the new boundary line and will replace the west boundary line as specified in the original lease agreement between the city and Casa Manana. The Casa Manana Theatre is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this amendment will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Joe Paniagua (6575) Originating Department Head: Kirk Slaughter (2501) Additional Information Contact: Betty Tanner (2502) Logname: 25CASALEASE Page 1 of 1 Wrought Iron Concrete Fen 1-00 Beginning at the southernmost portion of the existing EXISTING W IRON ROD wrought Iron and concrete fence and following the curb line along the new boundary line as Indicated and ending NEW BOUNDARY LINE at the northwest comer of the Casa Manana Rehearsal Hall. EXISTING BOUNDARY LINE NEW--BOUNDARY LINE 51-cr EXISTING BOUNDARY LINE NEW BOUNDARY LINE V� 26.W S 31cl5"*' EXISTR4 BOUNDARY LINE NEW BOUNDARY LINE Casa Manana Rehearsal Hall EXISTING BOUNDARY LINE NOM- DMERSIONS ARE TO BACK OF CURS Hahnftld architects "PrInterfor r Plamerss N 0 VWnf0rd CASA MANAMA BOUNDARY FortVANd TONROM04 ,Sr 017.M.SM JIM 11N=W ALLY%2007 fox M7.4=S= fr NEW BOUNDARY LINE y 0" _� O I a \ c` I I I 1 EXISTING BOUNDARY LINE NEW BOUNDARY LINE \ pa 26.55' S 316'36" IN \\ 1 EXISTING BOUNDARY LINE NEW BOUNDARY LINE EXISTING BOUNDARY LINE I