HomeMy WebLinkAboutResolution - 2001-R0396 - Amendment To Lease & Management Agreement - Lubbock Regional Arts Center Inc. - 10/11/2001Resolution No. 2001-Ro396
October 11, 2001
Item No. 26
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Amendment to the Lease and
Management Agreement between the City and Lubbock Regional Arts Center, Inc., a
copy of which Amendment is attached hereto, and any associated documents, which
Amendment shall be spread upon the minutes of this Council and as spread upon the
minutes of this Council shall constitute and be a part hereof as if fully copied herein in
detail.
Passed by the City Council this 11th day of
ATTEST:
- 6 1,' , 4 d9 jrl %
Rebecca Garza, City Secretary C if
APPROVED AS TO CONTENT:
Tommy Gdizalez, A istant ity Manager
APPROVED AS TO FORM:
Ith'inald G. Vandiver, First Assistant City
Attorney
DDres/LRACarnend.res
October 2, 2001
October
WINDY SI N, MAYOR
, 2001.
Resolution No. 2001-RO396
October 11, 2001
Item No. 26
AMENDMENT
STATE OF TEXAS §
LEASE AND MANAGEMENT AGREEMENT
COUNTY OF LUBBOCK §
WHEREAS, the City of Lubbock, Texas, ("City") and Lubbock Regional Arts
Center, Inc. ("Manager") desires to amend the Lease and Management Agreement
executed by the parties hereto on the 24`x' day of February, 2000, with regard providing a
phased approach to the master renovation of the former Fire Administration facility
occupied by the Manager; NOW THEREFORE:
WITNESSETH:
SECTION 1. The following sections of the February 24, 2000, Lease and
Management Agreement by and between the City and the Manager are hereby amended
as follows:
Section 2.1. Change the stated dollar amount from $1,000,000 to $1.395.700.
Section 2.2. Amend to read as follows:
Authority Retained in City. In the event the Manager fails for any reason, whether
within its control or not, to initiate construction of the Second Phase improvements prior
to December 31, 2002, the City shall be deemed to have terminated this Agreement for
cause and neither the City nor the Manager shall have any claim, cause of action, or
recourse against the other as a result of such termination by virtue of the approval,
execution, or delivery of this Agreement.
Paragraph 2.3C1. Amend to read as follows:
(1 ) a certificate of the Manager, signed on its behalf by the President of its Board
of Trustees, in form satisfactory to the City, to the effect that the representations and
warranties of the Manager herein, including the amount of funds on hand dedicated to
this project are sufficient to finance the construction of the Improvements, and all
agreements or conditions to be performed or complied with by the Manager hereunder on
or prior to the initiation of construction of the phased improvements shave been
performed or complied with;
Second paragraph 3.1. Amend to read as follows:
The Manager shall be obligated to renovate the facilities so that the facilities will
have a black box theater containing not less than 150 seats, back stage dressing areas and
support rooms, a 600 square foot visual arts gallery, a second multi-purpose visual arts
and working gallery classroom, together with a lobby and support offices. These
renovations will be done with input from the City of Lubbock as to the most appropriate
method of accomplishing the renovations. Said renovations shall be accomplished by
December 31, 2004.
Section 3.2. Amend to read as follows:
Cost of Renovations. It is anticipated that the cost of renovations will not be less
than $1,395,700. The funds for such renovations are to come from the Manager. If the
anticipated cost of the project should increase by more than 25 percent as determined by
bids or estimates, the parties hereto may abandon the project without liability on the part
of either party. The City shall have the right to withhold its consent to initiate the
construction of improvements until such time as the Manager has raised the minimum
amount need for each phase of the project. The construction phases are as follows:
Phase 1, which has been completed, included office renovations, carpet
installation, painting all offices and the entry area, and an environmental site analysis of
the facility.
Phase II includes the raising of $165,00 by December 31, 2001, and the
renovation of the lobby and gallery area to include the construction of restrooms. This
phase is to be completed by December 31, 2002.
Phase III includes the raising of $86,419 by December 31, 2002, for
reconstruction of the north garage area into a multi-purpose visual art space. This phase is
to be completed by December 31, 2003.
Phase IV includes a black box theater, containing not less than 150 seats, back
stage dressing areas, support room, a second multi-purpose visual arts and working
gallery classroom as well as a lobby gallery. This phase will be completed by December
31, 2004, at a cost of approximately $1,122,618.
SECTION 2. Those provisions of the said February 24, 2000, Lease and
Management Agreement not amended hereby shall remain the same. In the event of a
conflict between the Lease and Management Agreement and this Amendment, the
provisions of this Amendment shall control.
Executed this 11th day of Ocotber 2041.
CITY OF LUBBOCK: LUBBOCK REGIONAL ARTS
CENTER, INC.:
c
Windy Sitt, Mayor m Be ram, President
Attest: P ]��
Rebecca Garza, CitySecretar
APPROVED AS TO CONTENT:
Tommy G(fnzalez,,kssista City Manager
APPROVED AS TO FORM:
nald G. andiver, First Assistant
City Attorney
Ddlcon/LRACAmend.co n
October 2, 2001