HomeMy WebLinkAboutContract 19139-A4CSC No. 19139-A4
FOURTH AMENDMENT TO
LEASE AGREEMENT WITH CASA MANANA, INC.
(CITY SECRETARY CONTRACT NO. 19139)
This Fourth Amendment ("Fourth 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 Surghdoff, 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 G 13393), the City Council authorized execution of a lease agreement
with Tenant for the operation of the Casa Manana 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 thrust/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 de�ned 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 iinanci�l institution.
G. On November 8, 2016 (via M&C G27987), the City Council authorized an agreement with
Tenant (City Secretary Contract No. 19139-AD1) ("First Addendum") for cost sharing in the design and
construction of 2,200 additional square feet of ofiice space, 1,400 square feet of storage, and a new 1,400
Fourth Lease Amendment between the City of Fort Worth and OFFICIAL RECORD
Casa Manana, IriC. _ j_ 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 Addenduin (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. 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
Improvernents up to the amount of $500,000.00.
J. Now, the parties have agreed to improvements to the bu�lding systems ("Building Systems
Improvements") of the Theatre and Previous Improvements (collectively the "Property"), which will
include repairs and/or replacements, if required, to the mechanical, electrical and plumbing systems
("Building Systems").
K. In consideration for the Tenant's contribution to the Building Systems Improvement costs, the
parties have agreed and the City Council has authorized this Fourth Amendment to the Lease under
M&C 24-1094 to extend the Term of the Lease for an additional twenty (20) years which will increase
the term until December 31, 2054.
AGREEMENT
In consideration of the mutual covenants contained in this Fourth 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, 2054 (the "Term"), subject to
the terinination provisions herein.
2.
Except as amended by this Fourth Amendment, all of the terms and conditions of the Lease, as
amended, are ratified and reinain in full force and effect.
Fourth Lease Amendment between the City of Fort Worth and
Casa Manana, Inc. _ 2 _
This Fourth Amendment shall be effective on February 7 , 2025.
LANDLORD
CITY OF FORT WORTH, a Texas home-rule municipal corporation
By: _o_,._�_"'•_hf_off_[�_b7_,a_.�_1i_efl_ST_I _____ _
Date:
Dana Burghdoff Assistant City Manager Feb 7, 2 02 5 ------------
CONTRACT COMPLIANCE MANAGER
-----------
TENANT:
CASA MANANA, INC., a Texas non-profit corporation
By��'\.\=
Name: l:.u I (...<..,, t<\ tv"'\ W , ��)\)f S
Title: Vt.) i) ut.f '2..
Date: t • I J:i • 2-�
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: M, .. �s�!1csr1
Title: Lease Manager, Property Management Department -------------
Date: __ F_eb_5_,2 _0_2 _5 _____ _
APPROVED AS TO FORM AND LEGALITY: <Att/4cs ,.o� By: _c_,._a,_"'•_••_liar_• (F-•b_{2_,'1sorncsT_so1_:23_csr_1 _____ _
Date:
Candace Pagliara Assistant City Attorney
Feb 7, 2025 -------------
ATTEST: rh� By: __________ _ Jam1ette S. Goodall City Secretary Feb 10 , 2 02 5 Date: -------------
Form 1295: 2024-1219155
Contract Authorization:
M&C: 24-1094
Date: 12/10/2024
Fourth Lease Amendment between the City of Fort Worth and
Casa Manana, Inc. - 3 -
M&C Review
� � ��
Page 1 of 3
Official site of the City of Fort Worth, 7exas
��RT�'ORTH
Create New From This M&C
DATE: 12/10/2024 REFERENCE *�M&C 24-
NO.: 1094
21CASAMANANA
LOG NAME: PARTNERSHIP FUNDS
REIMBURSEMENT FOR
IMPROVEMENTS
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 7) Authorize the Execution of a Lease Addendum to the Lease
Agreement between the City of Fort Worth and Casa Manana, Incorporated to Authorize
City of Fort Worth Funding Participation of Up to $200,000.00 for the Building Systems
Repairs and/or Replacements in Fiscal Years 2024 and 2025 to the Casa Manana
Facility, Located at 3101 West Lancaster Avenue, to be Completed at the Expense of
Casa Manana; Authorize the Execution of a Fourth Lease Amendment to the Lease
Agreement to Extend the Term for an Additional Twenty (20) Years Commencing on
January 1, 2035 to December 31, 2054; Authorize the Contribution to Casa Manana,
Incarporated in the Amount Up to $200,000.00 as a One-Time Capital Contribution to
Support Repairs and/or Replacements to the Facility for Fiscal Years 2024 and 2025;
Adopt the Attached Appropriation Ordinance Adjusting Estimated Receipts and
Appropriations in the General Capital Projects Fund by Increasing Estimated Receipts
and Appropriations in the Casa Manana Building Improvements Project (City Project No.
105881) in the Amount Up to $200,000.00 and Decreasing Estimated Receipts and
Appropriations in the Future Community Partnerships Programmable Project (City Project
No. P00047) by the Same Amount to Fund a One-Time Capital Contribution to Support
the Repairs for Fiscal Years 2024 and 2025; Amend the Fiscal Years 2025 - 2029 Capital
Improvement Program
RECOMMENDATION:
It is recommended that the Cify Council:
1. Authorize the execution of a lease addendum to the lease agreement between the City of Fort Worth and
Casa Manana, Incorporated to authorize City of Fort Worth funding participation of up to $200,000.00 for
the building systems repairs and/or replacements in Fiscal Years 2024 and 2025 to the Casa Manana
facility, located at 3101 West Lancaster Avenue, to be completed at the expense of Casa Manana;
2. Authorize the execution of a fourth lease amendment to the lease agreement tn extend the term for an
additional twenty (20) years commencing on January 1, 2035 to December 31, 2054;
3. Authorize the contribution to Casa Manana, Incorporated in the amount up to $200,000.00 as a one-time
capital contribution to support repairs and/or replacements to the facility for Fiscal Years 2024 and
2025;
4. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the
General Capital Projects Fund by increasing estimated receipts and appropriations in the Casa Manana
Building Improvements project (City Project No. 105881) in the amount up to $200,000.00 and
decreasing estimated receipts and appropriations in the Future Community Partnerships programmable
project (City Project No. P00047) by the same amount to fund a one-time capital contribution to support
the repairs for Fiscal Years 2024 and 2025; and
5. Amend the Fiscal Years 2025 - 2029 Capital Improvement Program.
DISCUSSION:
The City of Fort Worth (City) and Casa Manana, Incorporated (CMI) have negotiated an agreement to facilitate
City participation of funding of the building systems repairs and/or replacements, if needed, to the Casa Manana
facility located at 3101 West Lancaster Avenue. Planned improvements include various mechanical, electric and
plumbing systems (Improvements).
The total estimated cost of the five year project for CMI is $3,000,000.00 and the City has agreed to reimburse CMI
fifty (50) percent of the actual costs up to a maximum of $200,000.00 for the fiscal years of 2024 and 2025.
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M&C Review
Page 2 of 3
This Mayor and Council Communication (M&C) authorizes reimbursement for improvements completed in fiscal
year 2024 and fiscal year 2025 with future funding requests from CMI for each fiscal year to be submitted to the
City for consideration, contingent upon funding availability.
Under the terms of the agreement, CMI will complete the improvements at their expense according to the
following conditions:
CMI must submit planned improvements to the City for approval prior to construction, utilize the competitive
bidding process if required, and obtain all required permits and provide and maintain necessary insurance
during construction of the Improvements. CMI has also agreed to obtain any necessary fiinancing for
constructing the improvements.
The total estimated cost of the project for CMI for fiscal year 2024 and fiscal year 2025 is $400,000.00 and the
City will reimburse CMI fifty (50) percent of the actual costs up to a maximum reimbursement of
$200,000.00 from Community Partnership Funds.
For future annual reimbursements, CMI will submit the improvement plan and cost for the improvements to be
completed by CMI each year, per the terms in the lease addendum, for City approval and each annual
reimbursement is contingent upon City funding availability.
To qualify for reimbursement each year, CMI will submit to City all required documentation, per the terms in
the lease addendum, for approval before reimbursement is processed.
The funding for this contribution is available in the Future Community Partnerships Programmable project within
the General Capital Projecfs Fund to fulfill the City's commitment to assist. The Future Community Partnerships
praject is a holding place for monies the City has committed to be available for use in conjunction with community
partners for capital improvements. The year to date funding in the programmable project is:
FY2025 Beginning Authority Budget FY2025 Remaining
Balance Adjustment Balance
Future $2,154,621.00 This M&C ($200,000.00) $1,954,621.00
Community
Partnerships
(P00047)
I ne actlon ln thfs M&C wfll amend the Ffscal Years 2U25 - 2029 Capital Improvement Program as approved fn
connection with Ordinance 27107-09-2024 Section 8. CAPITAL IMPROVEMENTS.
CMI has aiso requested a twenty (20) year extension to the Lease Agreement with the City to commence on
January 1, 2035 and expire on December 31, 2054 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 in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Future Community Partnerships
programmable project within the General Capital Projects Fund and upon approval of the above
recommendations and adoption of the afitached appropriation ordinance, funds will be available in the General
Capital Projects Fund for the Casa Manana-Building Improve. project to support the approval of the above
recommendations and execution of the agreement. Prior to an expenditure being incurred, the Property
Management Department will have the responsibility to validate the availability of funds.
Fund Department Account Project Program Activity Budget 6 Reference # Amount
ID ID Year � (ChartField 2)
Fund Department Account Project Program Activity Budget !,
ID ID �� Year ,
Submitted for Citv Manager's Office bv: Dana Burghdoff (8018)
Originating Department Head:
Marilyn Marvin (7708)
Ricardo Salazar (8379)
Reference # I Amount
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M&C Review
Additional Information Contact: Mark Brown (5197)
ATTACHMEN7S
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21 CASAMANANA PARTNERSHIP FUNDS REIMBURSEMENT FID Table.xlsx (CFW Internal)
21CASAMANANA PARTNERSHIP FUNDS REIMBURSEMENT FOR IMPROVEMENTS funds
availability.pdf (CFW Internal)
3101 W Lancaster Ave M&C Map.pdf (Public)
Casa1295September25.pdf (CFW �nternal)
ORD.APP 21 CASA MANANA LEASE AMENDMENT AND ADDENDUM 2024 30100 A025
r3.docx (Public)
http://apps.cfwnet.org/council�acket/inc_review.asp?ID=32800&councildate=l2/10/2024 12/11 /2024