HomeMy WebLinkAboutContract 19139-A3 CSC No. 19139-A3
THIRD AMENDMENT TO
LEASE AGREEMENT WITH CASA MANANA,INC.
(CITY SECRETARY CONTRACT NO. 19139)
This Third Amendment("Third 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 Dana
Burghdoff,its duly authorized Assistant City Manager, and CASA MANANA, 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 Tenant for the operation of the Casa Mariana Theatre ("Theatre"), and the parties executed Lease
Agreement 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, 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 t1wust/proscenium stage, and the Tenant 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 Landlord 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 (City Secretary Contract No. 19139-A1)
("Amendment"), pursuant to the request of Tenant, so that the term coincides with the terms of a loan
that was being transferred to another financial institution.
G. On November 8, 2016 (via M&C C-27987), the City Council authorized an agreement with
Tenant(City Secretary Contract No. 19139-AD I)("First Addendum") 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
Third Lease Amendment between the City of Font Worth and
Casa Manana, Inc. i _ OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
square foot theater(collectively,the "Initial Improvements"), with the Landlord reimbursing half of the
cost of the improvements up to the amount of$409,000,00.
H. On September 19, 2017 (via M&C C-28380), the City Council authorized an amendment to the
First Addendum (AD-Al) that allowed for an additional $30,000.00 of Landlord funding participation
for the construction of the Initial Improvements for a new total participation by the Landlord in an
amount of$439,000.00.
I. Now, the parties have agreed to additional improvements of the Theatre which will include
constructing additional office space,expanding the 1,400 square foot theatre and expanding the kitchen
area("New Improvements").
J. On December 14, 2021 (via M&C 21-0980), the City Council authorized a new agreement with
Tenant (City Secretary Contract No. 19139-AD2) ("Second Addendum") for cost sharing in the design
and construction of the New Improvements, with the Landlord reimbursing half of the cost of the New
Improvements up to the amount of$500,000,00.
K. In consideration for the Tenant's contribution to the New Improvement costs, the parties have
agreed and the City Council has authorized this Third Amendment to the Lease under M&C 21-0980 to
extend the`Perm of the Lease for an additional ten(10)years which will increase the tetra until December
31, 2034.
AGREEMENT
In consideration of the mutual covenants contained in this Third Amendment,Landlord and Tenant agree
to amend the Lease as follows:
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
("Commencement Date") and shall expire on December 31, 2034 (the "Term"), subject to
the termination provisions herein.
2.
Except as amended by this Third Amendment, all of the terms and conditions of the Lease, as
amended, are ratified and remain in full force and effect.
Third Lease Amendment between the City of Fort Worth and
Casa Manana, Inc. -2-
This Third Amendment shall be effective on 72021.
LANDLORD TENANT:
CITY OF FORT WORTH, CASA MANANA,INC.,
a Texas home-rule municipal corporation z Texas non-profit corporation
By. DanaB9�d off(Drc 17,oGd�GI�G�f 1�:03 CST) B
Y�
Dana Burghdoff
Assistant City Manager Name: L
Date: Dec 17,2021 Title: 'flCS4u27" t ,L�s"a fh,rZ
Date:
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.
Name: Marker
Title; Lease Manager,Property Management Department
Date: Dec 16,2021
APPROVED AS TO FORM AND LEGALITY:
Thomas R. Hansen
Assistant City Attorney
Date: Dec n,2021
a
F
p� OR 0
ATTEST: �r 0o° °o
p °
TannetteS.Gaadall a/►o° °o��d,,,��{{{{{
By, �ann,#,S.Godau(oecn,znu 13:53 CST) . O�d
00 o o Jannette S. Goodall d
o°
City Secretary °o° °
o *a
°000000b
Date: Dec 17,2021 ��ti nEXASoA
Form 1295: 2021-824540
Contract Authorization:
M&C:21-0980
Date: 12/14/202 l
Third Lease Amendment between the City of Fort Worth and
Casa Manana, Inc. -3 -
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Official site of the City of Port Mith,Texas
CITY COUNCIL AGENDA FORTII
DATE: 12/14/2021 REFERENCE M&C 21- LOG NAME: 21CASA IMPROVEMENTS AND
NO.: 0980 LEASE EXTENSION
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: (CD 9) Authorize the Execution of an Agreement with Casa Manana, Inc. for the
Construction of Additional Space and Improvements to the Facility Located at 3101 West
Lancaster Avenue, Authorize City of Fort Worth Funding Participation Up to $500,000.00,
Authorize the Waiver of All Building and Trade Permit Fees for the Construction, and
Authorize the Execution of an Amendment to the Lease Agreement Between the City of
Fort Worth and Casa Manana, Inc. to Extend the Term for an Additional Ten (10)Years
Commencing on January 1, 2025 to December 31, 2034
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an agreement with Casa Manana, Inc. for the construction of additional
space and improvements to the facility located at 3101 West Lancaster Avenue;
2. Authorize City of Fort Worth funding participation of up to $500,000.00;
3. Authorize waiving the building and trade permit fees for the construction; and
4. Authorize the execution of an amendment to the lease agreement between the City of Fort Worth
and Casa Manana, Inc. to extend the term for an additional ten (10) years commencing on January
1, 2025 and expiring on December 31, 2034; and
DISCUSSION:
The City of Fort Worth (City) and Casa Manana, Inc. (CMI) have negotiated an agreement to facilitate the
funding and construction of improvements to the facility located at 3101 West Lancaster Avenue. Planned
improvements include constructing additional office space, expanding the 1,400 square foot theater and
expanding the kitchen area.
Under the terms of the agreement, CMI will construct the improvements according to the following
conditions: CMI must submit planned improvements to the City for approval prior to construction, utilize the
competitive bidding process, obtain all required permits and provide and maintain necessary insurance
during construction. CMI has also agreed to obtain any necessary financing for constructing the
improvements. The completed additions and improvements will be subject to the existing Lease Agreement
for the facility (Mayor& Council Communication C-27074).
It is recommended that the City waive the Building and Trade Permit Fees for the construction to this City-
owned facility.
Following issuance of required Certificates of Occupancy, the City will reimburse CMI fifty (50) percent of
the actual costs of constructing the improvements, up to a maximum amount of$500,000.00 from future
Community Partnership Funds.
CMI has also requested a ten (10) year extension to the Lease Agreement with the City to commence on
January 1, 2025 and expire on December 31, 2034 in consideration for their contribution to the additional
improvements.
All other terms under the lease and subsequent renewals and amendments shall remain in effect.
The Casa Manana Theater is on COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current programmable capital project
budget, as previously appropriated, in the General Capital Projects Fund for the purpose of funding
the Casa Manana Improvements project to support the approval of the above recommendations and
execution of the agreement. Prior to an expenditure being incurred, the Property Management Department
has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chart field 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Dana Burghdoff(8018)
Originating Department Head: Steve Cooke (5134)
Additional Information Contact: Mark Brown (5197)
Ricardo Salazar(8379)
ATTACHMENTS
CASA IMP AND LEASE EXTENSION M AND C MAP.pdf
i
I
O