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HomeMy WebLinkAboutContract 19139-A1 CY SECRETAW CWMCT too. � �✓� AMENDMENT TO LEASE AGREEMENT WITH CASA MANANA MUSICALS, INC. TO OPERATE CASA MANANA THEATER (CITY SECRETARY CONTRACT NO. 19139) This Amendment ("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 Susan Alanis, its duly authorized Assistant City Manager, and CASA MANANA MUSICALS, INC., a Texas non-profit corporation ("Tenant"), acting by and thro �� uly authorized president. RECITALS A. On June 2, 1992 (via M&C C-13393), the City Council authorized execution of a lease agreement with Casa Manana Musicals, Inc. for the operation of the Casa Manana Theatre ("Theatre"), and the parties executed Lease Agreement with Casa Manana Musicals, Inc. to Operate Casa Manana Theater (City Secretary Contract No. 19I39) ("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 Agreement between the City of Fort Worth and Casa Manana Musicals, Inc., 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 Theatre 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 City 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 pursuant to the request of Theatre, so that the Term coincides with the terms of a loan that is being transferred to another financial institution. OFFICIAL RECORD Amendment to Lease with CITY gECRETARY Casa Manana Muscials,Inc. Page I of 2 FT.WORTH,TX AGREEMENT In consideration of the mutual covenants contained in this Amendment, Landlord and Tenant agree to amend the Lease as follows: 1. Section 1.2 Term. Article 1, Section 1.2 of the Lease is deleted in its entirety and replaced with the following: Section 1.2. Tenn. The term of this Lease shall begin on the first day of January 1990 ("Commencement Date") and shall expire on December 31, 2024 (the "Term"), subject to the termination provisions herein. 2. Except as amended by this Amendment, all of the terms and conditions of the Lease, as amended, are ratified and remain ninr full force and effect. This Amendment shall be effective on /V O V�✓ , 2014. TENANT: CASA MANANA MUSICALS, INC., a Texas no o fit ra i n By. Name: � a� Title: '- (, S joX LANDLORD: G y CITY OF FORT WORTH, � a Texas municipal corporation ATTEST: ' f By: san Alanis City SecietWy Assistant City Manager APP OVED AS TO FORM AND LEGALITY: (� wo Assistant City Attorn y Contract 1tuthorisotloa Amendment to Lease with OFFICIAL RECORD Casa Manana Muscials,Inc. Page 2 of 2 CITY SECRETARY FT.WORTH,TX M&C Review Page 1 of 1 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fo t> COUNCIL ACTION: Approved on 11/11/2014 DATE: 11/11/2014 REFERENCE NO.: **C-27074 LOG NAME: 25CASALEASE14 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Amendment to the Lease Agreement Between the City of Fort Worth and Casa Manana Musicals, Inc., to Extend the Term to Four Years to Expire on December 31, 2024 Under the Same Terms and Conditions (COUNCIL DISTRICT 7) 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., to extend the term to four years to expire on December 31, 2024 under the same terms and conditions. DISCUSSION: 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. On August 8, 2007, (M&C C-22293) the current term of the lease was amended to expire on December 31, 2020. The tenant pays the City $1,200.00 annually and invested $2.5 million in improvements in exchange for this privilege. Casa Manana Musicals, Inc., has requested a four year extension to the Lease Agreement in order for the term to coincide with the terms of a loan that is being transferred to another financial institution. The new term, if approved, will expire on December 31, 2024. All other terms remains the same including tenant responsibility for all major maintenance as defined in the lease and all routine, operational maintenance and housekeeping. The City continues to be responsible for grounds maintenance and external plumbing.The City has participated in repairs to protect the building envelope on a case-by-case basis and as approved by the City Council. The Casa Manana Theatre is located in COUNCIL DISTRICT 7. FI.SCAL INFORMATION/CERTIFICATION: The Financial Management Services 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: Susan Alanis (8180) Originating Department Head: Kirk Slaughter(2501) Additional Information Contact: Betty Tanner(2502) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc review.asp?ID=20484&councildate=11/11/2014 12/16/2014