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RESOLUTION NO. CDC/2002-19
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
APPROVING AMENDMENT NO.1 TO OPERATION AND
MANAGEMENT AGREEMENT BY AND BETWEEN
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND THEATRICAL ARTS
INTERNATIONAL
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WHEREAS, the Community Development Commission of the City of San Bernardin
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(the "Commission") is the governing body of the Redevelopment Agency of the City of Sa
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Bernardino (the "Agency"), a public body corporate and politic, organized and existing pursuan
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to the Community Redevelopment Law (California Health and Safety Code Section 33000, e
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seq,); and
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WHEREAS, the Agency and Theatrical Arts International, a California corporatio
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("TAl") entered into that certain Operation and Management Agreement as of May 1,2000 (th
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Agreement") pursuant to which TAl is to provide operating and management services to assis
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the Agency with the operation of the California Theatre of the Performing Arts (the "Theatre");
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and
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WHEREAS, at this time certain amendments to the Agreement are necessary an
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appropriate.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTIN
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ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SA
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BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
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Section 1.
The Commission hereby approves Amendment No, 1 to the Agreemen
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attached hereto as Exhibit "A".
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Section 2.
The Executive Director is hereby authorized and directed to execut
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Amendment No.1 on behalf of the Agency, with such technical and conforming changes as ma
be approved by the Executive Director and Agency Counsel. The Executive Director of th
Agency or such other designated representative of the Agency is further authorized to do any an
all things and take any and all actions as may be deemed necessary or advisable to effectuate th
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purposes of Amendment No.1.
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SB2001:4497.1 -2-
CDC/2002-19
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO THE
2 OPERATION AND MANAGEMENT AGREEMENT BY AND BETWEEN
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
3 THEATRICAL ARTS INTERNATIONAL
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Section 3.
This Resolution shall become effective immediately upon its adoption.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
6 Development Commission of the City of San Bernardino at a j t. regular
meeting
7 thereof, held on the 15th day of April
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COMMISSION MEMBERS: AYES
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ESTRADA
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LIEN X
II
McGINNIS X
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DERRY X
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SUAREZ X
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ANDERSON X
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MCCAMMACK X
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, 2002, by the following vote to wit:
NAYS
ABSTAIN ABSENT
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The foregoing Resolution is hereby approved this
April
,2002.
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24 Approved as to form and
legal content.
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By:
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8B2002:4497.1
CDC/2002-19
EXHIBIT "A"
AMENDMENT NO.1
TO
OPERATION AND MANAGEMENT AGREEMENT
(Theatrical Arts International)
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CDC/2002-19
AMENDMENT NO.1 TO RECEIVEf1-r.IT'
OPERATION AND MANAGEMENT AGREEMENT (CLERK
(Theatrical Arts International\- la, 3
rue &JUt - All :21
THIS AMENDMENT NO.1 is entered into as of the 15th day of April, 2002, by and
between the Redevelopment Agency of the City of San Bernardino (the "Agency") and
Theatrical Arts International, a California corporation ("TAl").
WHEREAS, the Agency and TAl previously entered into that certain Operation and
Management Agreement as of May 1,2000 (the "Agreement"), pursuant to which TAl agreed to
provide operating and management services to assist the Agency with the operation of the
California Theatre of the Performing Arts;
WHEREAS, at this time certain amendments to the Agreement are necessary and
appropriate.
NOW, THEREFORE, in consideration of the premises and such other good and valuable
consideration, receipt of which is acknowledged by the parties, the parties hereto agree as
follows:
Section 1. Except as hereby amended, the Agreement is in all respects ratified and
confirmed and all of the terms, provisions and conditions thereof shall be and remain in full force
and effect.
Section 2. Except as otherwise provided herein, all terms not otherwise defined in
this Amendment No. I shall have the same meanings in this Amendment No.1 as those terms
are given in the Agreement.
Section 3.
Section 2(a) of the Agreement is amended in its entirety to read as follows:
"(a) TAl shall program the Theatre and book all
events in the Theatre, whether in the main
auditorium or in any other public room in the
Theatre. TAl will program the Theatre in a manner
that results in highly active use of the Theatre for a
broad variety of performance types. TAl shall
make the Theatre's schedule available not less than
30 days per year to local non-profit performance
groups and for Agency presentations (including
Main Street) which days shall be reasonably
available throughout the year upon adequate
notice."
Section 4.
follows:
Section 4(a) of the Agreement is amended in its entirety to read as
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CDC/2002-19
"(a) In consideration for TAl's provision of the
operating and management services set forth in
Section 2 above, TAl shall receive 35 rent free
performance days during the term of this
Agreement. TAl will pay all hard costs associated
with these performance dates, included but not
limited to security, ushers, janitorial, etc. TAl
performance dates will be scheduled over the period
of one calendar year."
Section 5. Section 8.1 is amended in its entirety to read as follows:
"8.1 Term
This Agreement shall commence on the first (1 st)
day of May, 2000, and stay in effect for five (5)
years through April 30, 2005."
Section 6. This Amendment No. 1 may be executed in counterparts, each of which
shall be an original, and all of which shall constitute but one and the same instrument.
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SB2002:8818.1
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CDC/2002-19
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendwent No.1 as
of the date first above written.
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Agency Secretary
REDEVELOPMENT AGENCY OF THE
CITY 7BERNARDlNO
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By: t/
7ve Director
APPROVED AS TO FORM AND
LEGAL CONTENT:
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Agency Specia ounsel
THEATRICAL
INTERNA T NAL, a
corporatio
ARTS
California
By:
S132002:8818.1