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Home My WebLink AboutCDC/2005-27 RESOLUTION NO. CDC/2005-27 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO.1 TO THE THEATRICAL ARTS INTERNATIONAL OPERATION AND MANAGEMENT AGREEMENT FOR THE CALIFORNIA THEATRE ("2005 AGREEMENT") 3 4 5 6 WHEREAS, the Agency owns the California Theatre of the Performing Arts (th 7 "Theatre") and the Agency desires to cause the Theatre to be operated in a manner tha 8 stimulates downtown economic activity and that provides a broad range of cultural opportunitie 9 for San Bernardino residents; and iO WHEREAS, the Agency and Theatrical Art's International ('TAl") have previousl ]1 entered into an Operation and Management Agreement dated as of February 11, 1999, a ]2 amended on April 15, 2002 and June 2, 2003, for the operation and management of the Theatr ]3 which agreement, as amended, expires pursuant to its terms on April 30, 2005; and 14 WHEREAS, prior to entering into the original agreement with TAl for the operation an is management of the Theatre, the Agency was incurring substantial costs and use of Staff time i 16 an excess amount of $250,000 annually; and 17 WHEREAS, TAl's operation and management of the Theatre for the past five years ha 18 resulted in the community receiving significant benefits for the efforts of TAl, includin ]9 increasing the quality and frequencies of the performances, filling the Th~atre with patrons, an 20 reducing costs to the Agency and increasing revenues as documented in the Staff Report; and 2] WHEREAS, on April 18, 2005, upon the advice of the City Attorney, the Commissio 22 approved a one (1) year contract with TAl, commencing on May 1,2005 and through April 30, 23 2006, and further directed Staff to seek competitive proposals prior to entering into a five (5 24 year contract with TAl as proposed by the Redevelopment Committee on July 5, 2005; and 25 -]- P:\Agcndas\Resolutiolls\Resolutiolls\2005\05-08~15 TAl Amendment No I Reso.doc WHEREAS, on April 26, 2005, Staff solicited operation and management proposals frO! the following organizations: Robert Stein Group, Management Company for the Riversid Municipal Auditorium, Big Red Apple Production and Entertainment Development, Theatrica Arts International, Inc., and Herald Luther, Manager for Sturges Theater, and also advertised i the local newspaper and only one response was received from TAl. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: Section 1. The Commission hereby approves the Amendment No. I to the Agreement attached hereto and incorporated herein by reference. Section 2. The Executive Director of the Agency is hereby authorized to execute the Amendment No. I to the Agreement on behalf of the Agency in substantially the form attached hereto, together with such changes therein as may be approved by the Executive Director and Agency Counsel. The Executive Director or such other designated representative ofthe Agency is further authorized to do any and all things and take any and all actions as may be deemed necessary or advisable to effectuate the purposes of Amendment No. 1 to the Agreement, including making non-substantive modifications to Amendment No.1 to the Agreement. The Resolution shall become effective immediately upon its adoption. 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 Section 3. 18 1// 19 /II 20 /II 21 /II 22 1// 23 1/1 24 /II 25 /II P:V\gendas\Resollltions\ResoI1lIions\2005\OS-08-15 TAl Amendment No I Reso.doc -2- 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO.1 TO THE THEATRICAL ARTS INTERNATIONAL OPERATION AND MANAGEMENT AGREEMENT FOR THE CALIFORNIA THEATRE ("2005 AGREEMENT") ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 7 Community Development Commission of the City of San Bernardino at a i miLlilt regular 8 meeting thereof, held on the 15th day of August 9 Commission Members: Ayes Navs 10 ESTRADA X - LONGVILLE X II MCGINNIS X 12 DERRY X 13 KELLEY X 14 X JOHNSON 15 MC CAMMACK X 16 17 ,2005, by the following vote to wit: Abstain Absent 18 19 The foregoing resolution is hereby approved this 17th day of August ,2005. 20 ~~ 21 22 Wendy McCammack, Mayor Pro Tern City of San Bernardino 23 Approved as to form and Legal Content: 25 By: 24 -3- P:\Agcndns\Resolutiolls\Resolutions\2005\05.0S.15 TAl Amendment No I Reso.doc Amendment No.1 to that Certain 2005 Operation and Management Agreement California Theatre This Amendment No. 1 (this "Amendment") to that certain 2005 Operation and Management Agreement, California Theatre, dated April 18, 2005 (the "Management Agreement"), is by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the "Agency"), and Theatrical Arts International, a California Corporation ("TAl"), and is dated as of August 15,2005, with reference to the following facts: RECITALS Whereas, the Agency and TAl have previously entered into the Management Agreement as referenced above for a term extending from May 1, 2005 through and including April 30, 2006, as further provided in Section 9 ofthe Agreement; and Whereas, said Agreement with the one-year term was entered into pending a formal solicitation process being conducted by the Agency to determine whether other entities were interested and qualified to operate and manage the California Theatre, and the Agency has determined that TAl was the only entity responding to the most recent solicitation process of the Agency to obtain a manager and operator of the California Theatre; and Whereas, it is necessary and desirable that the Agency, after full compliance with its purchasing and requisitioning procedures and policies, approve a long-term management arrangement with TAl for the management and operation of the California Theatre during the term as provided in this Amendment; and Whereas, all other terms, provisions and conditions of the Agreement shall remain in full force and effect except to the extent specifically modified by this Amendment. NOW THEREFORE, the Agency and TAl agree as follows: Section 1. Recitals. The facts and statements contained in the Recitals hereto are true and accurate in all respects to the best knowledge ofthe parties as of the date hereof. Section 2. Extension of Term of Al!reement. The parties intend by the approval and execution of this Amendment to extend the term of the Agreement for four (4) additional years from and after the current termination date through and including April 30, 2010. Consequently, Section 9.1 ofthe Agreement shall be amended in its entirety to read as follows: "This Agreement shall commence on the first (151) day of May 2006, and shall remain in effect for four (4) years through and including April 30, 2010". 1 P'\AgendaslAgenda Anachmen15IAgnm-Amend 2005\05-08-13 TAl Amendment Nol.do< Section 3. Effective Date. This Amendment shall take effect and be in full force and effect from and after the date of approval hereof by the governing body of the Agency and the final execution, and delivery of this Agreement by both the Agency and TAL IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written. REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO Date: ~ /;, /1'5' I / By: Ga'yan Osdel, Exec lve Director Approved as to Legal Form and Content: THEATRIC Date: August 11. 2005 Date: August 11, 2005 By: 2 T()F (;',.1 J~p~~';n~"T\hh..n~"..-np~l,.tnn'O'i.OSl..l 0;; TAT Ampnnm..iJ.10rn1'i nor