HomeMy WebLinkAboutContract 46908-A1CSC No. 46908-A1
FIRST AMENDMENT TO
LEASE AGREEMENT FOR THE ROSE MAR[NE THEATER
(CITY SECRETARY CONTRACT NO. 4b908)
This First Amendment to the Lease Agreement for the Rose Marine Theater ("First Amiendme�t")
is made and entered into by and between the CITY OF FORT WORTH, a Texas home-rule
municipal corparation ("'Lessar"}, acting by and througl� Valerie Washington, its duiy authorized
Assistant City Manager, and ARTES DE LA ROSA, a Texas non-profit cozparation ("Lessee"),
acting by and t�raugh Lisa �strada, its duly authorized Board President.
RECITALS
WHEREAS, Lessor authorized the execution of a lease agreement with Lessee for the
management and opEration of the Rose Marine Theater on July 28, 2015 (via Mayor & Cauncil
Communication C-27400};
WHEREAS, Lessor and Lessee entered into a Lease Agreement, effective August I, �.O1S
(as Ciry Secretary Contract No. 469Q8) (the "Lease"}; and
WHEREAS, the Lease allowed Lessee to r�new its term for successive periods of one (1)
y�ar each, up ta a maximu�n of eight (8} periods; and
WHEREAS the eighth renewai periad of the Lease will expire effective July 31, 2Q25 and
the Lessor and LEssee desire to amecid the Lease ta extend its term for an additional �wenty (20}
years and to provide for up to two (2) additional renewal periods of five {5) years each.
AGREEMENT
In consideration of the mutual covenants contained in ttiis First Amendment, Lessor and Lessee
agree to amend the Lease as follows:
Z.
Section 1.3 Term of the Lease is deietec3 in its entirety and re�laced wi�h the foalowing;
Section 1.3 Term. The term of this Lease wilt be effective August l, 2�15 and
will end J�ly 31, 2040, unless atherwise renewed or terminated pursuant ta the
terms hereof.
Tl�is Lease may be renewed for one (1) period of ten {14) years, subject
ro the termination provisions of this Lease.
� �FFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Four (4) months prior to the renewal period of this Lease, Lessee shall
provide Lessor with a request for the renewal af tl}e Lease term. Agreement to
the renewal period shall be in Lessar's sale discretian and shall be in writing.
Tl�e tern�s of tl�is Lease shall cantinue to gavern and control the
relatior�ship of the parties during the renewal period.
2.
Section 4.1(c) of the Lease is de�etEd in its entirety and replaced with thc following:
Section 4.1 MainteKance.
(c) Lessar will provide Preventative Maintenance to the Premises. For purposes
of this Lease, "Preventative Maintenance" shall mean the maintenance of the
Premise's equipment and facilities in a satisfactory operating condition by
provtding systematic inspection, deteciian, and correction of incipient failures
eitlier before they accur or before they develop into majar defects, and include�
tests, measurements, adjustments, and parts replacement. Lessee shall pay to
Lessor, for the perforn�ance of Preventative Maintenance, an annual amount of
$4,000 (the "Maintenance Cost"), payable in four equai instatlmer�ts an August
1 st, November 1 st, February 1 st, and May 15` of each calendar year.
The Maintenance Cosf shall be reviewed each year of the Term and any upward
adjustment wilt be based upon the actuai expenditures incurred by Lessar c�uring
Lessor's prior fiscal calendar year.
3.
Sec�ion 9. � of the Lease shall be arnended to add the following:
�n or before May 315� of each year of the Term, Lessee shall provide to Lessor
a report outlining the use of and services provided by the Lessee under the terms
of this Lease and annual financial s�atements for the prior calendar year
including an Internal Revenue Service Form 990.
In the event that Lessee no longer uses the Premis�s for sucli purposes as
described in Section 3, then this Lease shall terminate and any and aIl interests
in and to the Premises shall revert to Lessor.
Except as amended by this First Amendment, all terms and conditions af ti�e Lease are ratif ed and
remain in full farce and effect.
Pagc 2 c�f 3
This First Amendment shall be effective on October 1st , 2025.
LESSOR
CITY OF FORT WORTH,
a Texas home-rule municipal corporation
y'q4� V'}lerie Washington (Oct 1, 2025 09:59:56 CDT) Valerie Washington Assistant City Manager
-----------
LESSEE:
ARTES DE LA ROSA
Lisa Estrada Board President
orporation
Date: °',(LG, /Zo2 S
----1,'-----17'--------
CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, includingensuring all performance and reporting requirements.
Mar �sfi�28:20 CDT) Mark Brown, Lease ManagerProperty Management
APPROVED AS TO FORM AND LEGALITY:
Candace Pagliara Assistant City Attorney
ATTEST:
rk � Jannette S. GoodallCity Secretary
Contract Authorization Form 1295: 2025-1314245 M&C: 25-0691
Page 3 of 3
sizsrz�, 2:50 PM
CITY COUNCIL AGENDA
Create New From This M�C
M&C Review
DATE: 8/12/2025 REFERENCE **M&C 25- �,OG NAME:
NO.: 0691
CODE: C TYPE: CONSENT PUBLIC
HEARING:
FORT ��r'UR�f i I
_�ti
21ARTES DE LA ROSA
FIRST AMENDMENT
�L�7
SUBJECT: {CD 2) Authorize Execution of a Lease Arrangement for the Rose Marine Theater, with
Art�s de la Rosa, to Continue �perating the Theater for an Additional Fifteen Years and to
Alfow One Additional Ten Year Renewal Term for Space �ocated at 1440 and 1442 Narth
Main Street, Fort Worth, Texas 76164
RECOMMENDATI4N:
It is recommended that the City Council authorize the execution of a lease arrangement for the Rose
Marine Theater, with Artes de fa Rosa, to continue aperating the theater for an additional fifteen years
and to aflaw one additional ten year renewaf term for the space located at 1440 and 1442 North Main
5treet, Fart Worth, Texas 76164.
DISCUSSION:
The City of Fort Worth (the City) owns the buildings known as the Rose Marine Theater, located at
1440 and 1442 North Main Street, Fort Worth, Texas 76164 (collectively referred to as tf�e
"Property").
On July 28, 201 �, the City Council appro�ed the executian of a lease agreement with Artes de !a
Rosa for the management and aperatian of the Rose Marine Theater, via Mayar 8� Cour�cil
Communication C-27400.
Effective August 1, 2015, City and Artes de !a Rosa entered into a lease agr�ement, as City Secretary
Contract Na. 46908 (the Lease). The Lease provided for an initial term that expired July 31, 2p17,
along with ei�ht {8) successi�e renewal terms of ane (1 } year each.
The eighth and final renewa! term of the Lease will expire on July 31, 2025.
The Ci#y and Artes de fa Rosa now wish to continue a lease arrangement, either by entering into a
new fease for the Property or amending the Lease to add an additional #ifteen {15} years to the term,
to expire July 31, 2040, and to include one (1 } additional renewal periad of ten (1 Q) years, to expire
July 31, 2Q50 it exercised.
Artes de la Rasa will continue to pay annual rent in the amaunt of $1.04 and to pay annual
maintenance costs in the amount of $4,000.00. The annuai maintenance costs will be re�iewed each
year of the term and may be upwardly adjusted based upon tF�e maintenance casts incurred by the
City durir�g #he prior fiscal year.
The termir�ation provisions in the Lease will remain par� of the lease ar�angement.
Artes de la Rosa will provide, on ar before May 31 St of each year ot the term, both a repart outlining
the servic�s provided during the prior caiendar year and its financial statements for the prior calendar
year.
This property is locat�d in COU�JCIL DfSTRICT 2.
FISCAL INFORMATI�NICERTIFICATION:
The Direciar of Fir�ance cerEifies that upor� approval of the abave recomrnenda#ion and execution of
the firsi amendment to the fease agreement, funds will be depasiied into the General Fund.
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9/26/25, 2:50 PM M&C Review
The Property Management Department (and Financial Management Services) is responsible for the
collection and deposit of funds due to the City.
TO
Fund Department Account Project Program Activity Budget Reference#
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference#
ID ID Year Chartfield 2
Submitted for City Manager's Office by_;_
Originating DeP-artment Head:
Additional Information Contact:
Valerie Washington (6199)
Marilyn Marvin (7708)
Marilyn Schoening (7581)
Mark Brown (5179)
ATTACHMENTS
1440 1442 North Main St Artes De La Rosa 1st Amend ,Rdf (CFW Internal)
FID Table for 1st Amendment.xlsx (CFW Internal)
Form 1295 Certificate 101372602,Rdf (CFW Internal)
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Amount
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