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Home My WebLink AboutContract 30459AMENDMENT TO LEASE AGREEMENT This First Amendment to Lease Agreement ("First Amendment") is entered into byand between the City of Fort Worth, u home-rule municipal corporation ("Landlord"), and the Latin Arts Association of Fort Worth., a Texas non-profit corporation, ("Tenant"). RECITALS A. Landlord and Tenant entered into u [cuee dated [)eorznhcr l>, 2000 y'Leooc1, for the property located at 1440 North Main Street, Fort Worth., Texas ("Leased Premises"). B. Tenant has leased the Roseland Theater d/b/a/ Rose INminc Theater since December 2000. The Lease provides that Tenant ohd| use the Leased Prtodoem to benefit low-to-moderate incorne citizens of Fort Worth. C. In addition, in consideration of Landlord Leasing the Lcuncd Premises to Tenant, Tenant agreed to meet National ()bieobvcs o[ activities beoofit n8 low and moderate income individuals. The National Objectives are promulgated by the Unites States Department of Housing and Urban Development. E. Landlord and 7cuaot desire to unuend the Lease to include Perfbro\unue Measures for years 2004 and 2005 to cmmurc that Tcouu1 is meeting the Nub000| (}hieohves promulgated by HUD. In consideration of the mutual covenants contained in this First Amendment, Landlord and Tenant agree to amend the Lease as follows: Utilization of Leased Premises. Section ).l of the Lease is amended to provide that in addition no the requirements set thdb in Roodon 1.1, 7euuot also agrees to cnod the Pcrfbonuncc Measures attached hereto as Exhibit "A" , "B" and "C". Tenant understands and agrees that the fbi}o,o to cuuot the attached Performance Measures could result in Tenant being in default of the Lease. Except uo amended by this First Amendment, all of the terms and conditions ofthe Lease are rud5cd and remain in full force and effect. This Amendment oboU be effective as of December 3,2003 LANDLORD: CITY Of FO Joe Pan gu�/ Assistart Citk M First Amendment mu^/n Arts Association Lemr ATTEST. f �'V\ City Secretary Contract Authorization TENANT: Date APPROVED AS TO FORM AND GALITY: Assistant City Attorney LNTIN ARTS, S'SOfjATION OF FORT WORTH, INC., a Texas non-profit corporation President ....... . . .... . is First Amendment to Latin Arts Association Lease STATE OF TEXAS COUNTY OF TARRANT § �1 , C,-Z� � This instrument was acknowledged before me on (J'-f by Joe Paniagua, Assistant City Manager of the City of Fort Worth, a municipal corporation, on behalf of said corporation. STATE OF TEXAS COUNTY OF TARRANT § Notary Public, State of Texas v " P E I F, Vjp,j;, F S HE R �v�y Con-'155,lm �A�,vj 07 2008 I t r um nt w s acknowledged before me on. ")-6 by President of the Latin Arts Association of Fort Worth, Inc, on behalf of said corporltion. Notary Public, State of Tex-ag Y RAUL MU91LL0 JR. Notary Public STATE OF TEXAS My Xe �, ()3/1,1/2(Hy), convn. L Hist Amendment to Latin Ails Association Lease EXHIBIT "A" PERFORMANCE MEASURES FOR THE LATIN ARTS ASSOCIATION The Latin Arts Association agrees to the following performance measures for its use of the Rose Marine Theater: Theater Use Days Requirements Definitions: Theater "Use Day" is divided into 2 categories: 1. Public Performance "Event Days" is defined as any day the Theater is used for an arts discipline presentation such as a theatrical play, music concert, dance presentation, poetry reading 2. "Use Day" is defined as any day the Theater is used for rehearsals, book signings, art exhibits, theater skills workshops and programs Performance Measures for 2004 The Latin Arts Association shall use the Rose Marine Theater no less than 192 days during 2004. Out of the 192 days Use Days, 52 shall be used as Public Performance Event Days. Performance Measures for 2005 The Latin Arts Association shall use the Rose Marine Theater no less than 230 days during 2005. Out of the 230 days Use Days, 62 shall be used as Public Performance Event Days. Low-Moderate Income Eligibility Requirements The Latin Arts Association shall also ensure that 51% of the Use Days at the Rose Marine Theater qualify as a low-to-moderate income eligible activity. Examples how the Latin Arts Association can meet this is goal are: • waiving or reducing the charge of admission; • waiving or reducing the admission fee for children from low-to-moderate income areas; • waiving or reducing the theatrical skill workshops fee for children from low -to- moderate income areas; or • waving or reducing the admission fee for schools located in low-to- moderate 'income areas. First Amendment to Latin Arts Association Lease 4 EXHIBIT "B" 2004 Performance Standards/Measures Latin Arts Association of Fort Worth at the Rose Marine Theater Latin Arts Association will host no less than 192 events per year. Events are listed in the following categories: 1. Presented by LAA 2. R.O.S.E. Program (Resource in Observance of Societal Events) 3. Education Outreach Teatro de la Rosa Youth Program 4. Teatro de ]a Rosa Company 1. Presented by LAA includes all aspects of presented a fully LAA supported event at the Rose Marine Theater or elsewhere. This includes: the research, discussion, and decision to host such and event all marketing including phone calls and press releases to the media staff time to ready the theater including the cleanliness and technical needs staff time to recruit volunteers, hire additional technical support Latin Arts Association will present no less than 36 per year. 2. R.O.S.E Program includes any event in which the theater is used by an outside non- profit organization. LAA will provide the following for any R.O.S.E. Program: a walk through for R.O.S.E. Program guest a clean theater on-site LAA staff as needed marketing and special events assistance Latin Arts Association will host no less than 18_per year. 3. Teatro de ]a Rosa Education Outreach will rehearse and perform in the Rose Theater. This program is presented by LAA and will include the following: the research, discussion, and decision to host such and event all marketing including phone calls and press releases to the media staff time to ready the theater including the cleanliness and technical needs staff time to recruit volunteers, hire additional technical support Ed/Out TDLR will conduct no less than 48 rehearsals per year- Ed/Out TDLR will conduct no less than 3 workshops per year.* *please note that I workshop may have multiple meeting not exceeding 3) Ed/Out TDLR will present no less than 3 performances per year. 4. Teatro de la Rosa will rehearse and perform in the Rose Theater. This program is presented by LAA and will include the following: the research, discussion, and decision to host such and event all marketing including phone calls and press releases to the media staff time to ready the theater including the cleanliness and technical needs staff time to recruit volunteers, hire additional technical support TDLR will conduct no less than 80 rehearsals per year. TDLR will present no less than 4 performances per year. First Amendment to [Atin Arts Association Lxasc 5 EXHIBIT "C" Performance Standards/Measures Latin Arts Association of Fort Worth at the Rose Marine Theater 2005 Latin Arts Association will host no less than 230 events per year. Events are listed in the following categories: 5. Presented by LAA 6. R.O.S.E. Program (Resource in Observance of Societal Events) 7. Education Outreach Teatro de la Rosa Youth Program S. Teatro de la Rosa Company 1. Presented by LAA includes all aspects of presented a fully LAA supported event at the Rose Marine Theater or elsewhere. This includes: the research, discussion, and decision to host such and event all marketing including phone calls and press releases to the media staff time to ready the theater including the cleanliness and technical needs staff time to recruit volunteers, hire additional technical support J_atin Arts Association will present no less than 43 per year. 2. R.O.S.E Program includes any event in which the theater is used by an outside non- profit organization. LAA will provide the following for any R.O.S.E. Program: a walk through for R.O.S.E. Program guest a clean theater on-site LAA staff as needed marketing and special events assistance Latin Arts Association will host no less than 24_per year. 3. Teatro de la Rosa Education Outreach will rehearse and perform in the Rose Theater. This program is presented by LAA and will include the following: the research, discussion, and decision to host such and event all marketing including phone calls and press releases to the media staff time to ready the theater including the cleanliness and technical needs staff f time to recruit volunteers, hire additional technical support Ed/Out TDLR will conduct no less than 54 rehearsals per year. Ed/Out TDLR will conduct no less than 4 workshops per year.* *please note that I. workshop may have multiple meeting not exceeding 3) Ed/Out TDLR will present no less than 4 performances per year. 4. Teatro de la Rosa will rehearse and perform in the Rose Theater. This program is presented by LAA and will include the following: the research, discussion, and decision to host such and event all marketing including phone calls and press releases to the media staff time to ready the theater including the cleanliness and technical needs staff time to recruit volunteers, hire additional technical support TDLR will conduct no less than 96 rehearsals per year. TDLR will present no less than 5 performances per year. First Amendment to Latin Arts Association Lease 6 J City of Fort Worth, Texas Mayor Council Communication �� N�N�� 0 N=^��0N N��0��Non COUNCIL ACTION: Approved on12/2/20O3 DATE: Tuesday, December 02, 2003 LOG NAME: 25LATIN ARTS REFERENCE NO': °°C-19869 SUBJECT: Authorization to Execute a Lease Amendment and a Community Development Block Grant Agreement with the Latin Arts Association It is recommended that the City Council: 1 Authorize the City Manager to execute a Lease Amendment with the Latin Arts Association (LAA) for property located at 1440 North Main Street; and 2. Authorize the City Manager tu execute a Community Development Block Grant (CDBG)agreement with the Latin Arts Association in an amount not to exceed $20,250 for the Theatre Skills Program, beginning December 1.20O3 and ending May 31.2004. DISCUSSION: The LAA has received CDBG funding since 2001. The L/A has leased the Roseland Theat*rd/b/a Rose Marine Theater since December 2000. C0BE) funding is used to support the operation of theater-training program for low-to-moderate inoome, at-risk youth at the Rose Marine Theater. The youth learn (heater production skills. Elements ofthis program include program management, ohoreogxophy, stage and sound management, es well aa acting and music instruction. On May 13, 2003. CO8G funding for the LAAwan brought tothe City Council for approval (C-19587). The City Council delayed granting LAA CDBG funds until it received a status report on the L/V\ activities in relation tothe Rose Marine Theater. The City Manager's Office submitted an Informal Report UR0toCity Council onJune 24`2OU3(|R8504) which detailed LAAe use of the theater. The |R also discussed staffs plan to negotiate additional performance measures into the lease of the theater. Staff has nuooaoofuUy negotiated with the LA\to increase the number ufuse days and events at the Rose Marine Theater- The performance measures are attached. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds one available as appropriated in the current operating budget in the Grants Fund. TO Fund/Account/Centers FROM Fund/AccountICenters GB��8 �\�0O Joe Peniagun(S14O) Kirk Slaughter (2501)