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ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM:
Gary Van Osdel
Executive Director
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SUBJECT: EXTENSION OF THE AGREEMENT
WITH THEATRICAL ARTS
INTERNATIONAL-CALIFORNIA
THEATER
DATE:
April 3, 2002
Svnopsls o(Previous Commission/Council/Committee Action!s):
On March 21, 2002 the Redevelopment Committee voted to recommend to the Community Development Commission
approved the Extension of the Agreement with Theatrical Arts International-California Theater.
Recommended Motion!s):
MOTION:
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO APPROVING AND AUTHORIZING THE FIRST AMENDMENT TO THE
OPERATIONS AND MANAGEMENT AGREEMENT BETWEEN THE AGENCY AND
THEATRICAL ARTS INTERNATIONAL.
Contact Person(s):
Project Area( s)
Gary Van Osdel! Ann Harris
Central City North
Phone:
Ward(s):
(909) 663-1044
I
Supporting Data Attached: [;"I Staff Report [;"I Resolution(s) [;"I Agreernent(s)/Contract(s) 0 Map(s) 0 Reports
FUNDING REQUIREMENTS ~:Gu,nt: N/A Source: N/A
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SIGNATURE: _O/j, C. tYI '
Gary70Sdel, Executive Di ctor Harris, Director'ofBusiness ~
Recruitment, Retention & Revitalization
Commission/Council Notes:
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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California Theater-Manal!ement Aflreement- T AI
BACKGROUND:
In April 2000, the Agency entered into an Operations and Management Agreement (the
"Agreement") with Theatrical Arts International (TAl) to manage the California Theater. Under
the over site of the Director of Business Recruitment, Retention and Revitalization , TAl has
done an outstanding job of giving the local cultural groups technical support, recruiting quality
users, filling the theater to capacity at most events while cutting operational costs and increasing
revenues.
The Agency previously paid $52,000.00 a year for someone to manage and book the theater.
TAl provides the operations and management services in return for rent-free days at the theater.
TAl pays all hard cost associated with the use of the theater; therefore there is no cost to the
Agency for TAl services. The concession sales that the Agency receives from the TAl
Productions average $1,416 per performance; as an example during "Cats" the Agency did
$7,458.50 in concession sales, and during "Ragtime," the Agency did $9,695.00 in concession
sales. This is compared to the average concession sales during the local non-profit performances
of $236 per performance. TAl productions draw thousands of people from all over the Inland
Empire. It is very costly to produce the quality shows that TAl is providing to the community.
Attached is a list of the cost of the 2001-2002 productions.
TAl provides excellent service, they have established an on site box office which is staffed with
an average of four staff persons during regular business and evening hours. TAl donates services
such as painting stage floors, dressing rooms, and other improvements that would otherwise cost
the Agency money.
TAl has spent approximately $400,000 a year marketing their productions. The Agency receives
the benefit of TAl marketing efforts without any cost to the Agency. The California Theater is
listed on all of TAl marketing materials including all the billboards from Victorville to Los
Angeles and Orange County. TAl marketing efforts have generated a great deal of interest in the
rental of California Theater by outside groups and have increased attendance at the Theater. TAl
has performed these duties without any financial cost to the Agency. In lieu of cash payment,
TAl is currently receiving twenty days free use of the Theater to stage their productions and their
sponsored national touring groups.
CURRENT ISSUE:
In order to maintain the positive momentum and continue the improved operations of the
California Theatre, staff is requesting approval of an amendment to the Agreement between the
Agency and TAL The amendment would increase the number of days reserved for the non-profit
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COMMISSION MEETING AGENDA
Meeting Date: 04/15/02
Agenda ltem Nnmber:
.
Redevelopment Committee Agenda
CA Theater-Management Agreement TAl
April 2, 2002
Page 3
groups from 27 to 30 days, increase the free days use for TAl from 20 to 35 and extend the
Agreement for three years.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
~/tA~'
Ann Harris
Director of Business Recruitment, Retention
& Revitalization
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COMMISSION MEETING AGENDA
Meeting Date: 04/15/02
Agenda Item Number:
.
Theatrical Arts International
P.o Box 270 San Bernardino CA 92402-0270 (909) 885-5152 Fax (909) 885-8672
Production Costs for 2001-2002 Season
Cats
Production Guarantee for 6 performances
Union Payroll
Marketing
Catering
Shuttle's (Route 66)
Security (Additional for Route 66)
Ushers
Total
$207,000.00
$ 50,000.00
$ 80,000.00
$ 6,000.00
$ 5,000.00
$ 2,500.00
$ 1,800.00
$352,300 before split
After recoupment of all costs 70% goes to Cats EYE Limited 30% for Theatrical Arts
Chicago
Production Guarantee for 6 performances
Union Payroll
Marketing
Catering
Valet
Security
Ushers
Total
Ragtime
Production Guarantee for 7 performances
Union Payroll
Marketing
Catering
Valet
City Traffic Engineer
Security
Ushers
Total
$195,000.00
$ 47,000.00
$ 80,000.00
$ 6,000.00
$ 6,000.00
$ 1,350.00
$ 1,800.00
$337,150.00
$225,000.00
$ 50,000.00
$ 80,000.00
$ 7,000.00
$ 7,000.00
$ 3,500.00
$ 1,575.00
$ 2,100.00
$376,175.00
After recoupment of all costs 70% goes to Ragtime productions 30% for Theatrical Arts
.
Ratpack
Production Guarantee for 7 performances
Union Payroll
Marketing
Catering
Valet
City traffic Engineer
Ushers
Security
Total
Rent
Production Guarantee for 6 performances
Union Payroll
Marketing
Ushers
Security
Total
Apogee
Production Guarantee for 8 performances
Union Payroll
Marketing
Catering
Valet
City traffic Engineer
Ushers
Security
Total
$39,000.00
$14,000.00
$80,000.00
$ 7,000.00
$ 7,000.00
$ 3,500.00
$ 2,100.00
$ 1,575.00
$154,175.00
$225,000.00
$ 50,000.00
$ 60,000.00
$ 1,800.00
$ 1,350.00
$338,150.00
$140,000.00
$ 40,000.00
$ 80,000.00
$ 8,000.00
$ 8,000.00
$ 3,500.00
$ 1,800.00
$ 2,400.00
$283,700.00
Total Costs for the productions of the 2001-2002 season $1,841,650.00 These costs do not
include box office operation, administration, or profit splits. The detailed expenses are only the
costs of the productions themselves. Additionally it must be pointed out that if there are any losses
due to lack of sales the loss is incurred 100% by Theatrical Arts.
OPERATION AND MANAGEMENT AGREEMENT
This Operation and Management Agreement (Agreement) is made and
entered into as of this May 1, 2000, 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") with reference to
the following facts:
A. The Agency owns the California Theatre of the Performing Arts
("Theatre"). The Agency desires to operate the Theatre in a
manner that stimulates downtown economic activity and that
provides a broad range of cultural opportunities for San
Bernardino citizens.
B. In order to assist the Agency with the operation of the
Theatre, TAl is willing to provide operating and management
services as more fully described thereunder, upon the terms
and subject to the conditions in this Agreement.
NOW THEREFORE, the Agency and TAl agree as follows:
1. Enaaaement of TAl
The Agency hereby engages TAl to provide the operating and
management services described in Section 2 of this Agreement,
and TAl hereby accepts such engagement and agrees to provide
such services under this Agreement during the term specified
in Section 8.
2. Manaaement Services
TAl shall supervise all aspects of the Theatre's management
and will provide operating and management services that
include physical operation of the Theatre, booking of rentals,
collection of rent, development of new business opportunities
and assistance in developing approaches to capital
expenditures. TAl shall provide the following specific
services to the extent required or determined by the Agency's
Director of Business Recruitment, Retention & Revitalization
or designee ("Director") from time to time.
(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
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27 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. So long as performance dates
are delivered to TAl not later than the last day of
February of the immediately preceding calendar year.
(b) TAl shall use the standard Agency rental contract and
ticket sales agreement.
(c) Upon approval of each year's budget as described in
Section 6 (-Operating Budget"), TAl shall contract for
all required operating staff to operate the Theatre and
arrange for all required services needed for scheduled
usages. TAl shall negotiate maintenance contracts and
obtain services and equipment as required. TAl will
diligently strive to obtain the best prices for goods and
services or sponsorship of such goods and services
consistent with the quality required. Any expense which
exceeds its line item allowance in the Operating Budget
shall have received the advance written authorization of
the Director except in cases of an emergency nature where
action is required to preserve public safety or the
integrity of the property. Such emergency action shall
be reported to the Director as soon as practical but
within 24-hours in any event. TAl shall review all bills
and invoices prior to submission to the Agency for
payment and advise the Agency for payment and advise the
Agency as to the appropriate action to be taken in each
instance.
(d) TAl shall assist the Agency, its inspectors, contractors,
and consultants in making recommendations regarding the
physical condition of the Theatre and any needed capital
repairs, improvements or programs needed for long-term
opera tion of the Theatre. TAl shall coordinate the
execution of all approved capital improvements.
(e) TAl shall supervise the Theatre's operation at each and
every performance or use of the building using qualified
personnel. Supervision to include all aspects of
operation, i.e., box office, stagehands, etcetera. TAl
will be physically represented at all functions and will
maintain an office on site to be staffed at all normal
business hours.
(f) TAl shall deposit all ticket or other income into a
separate TAl bank account (-Box Office Account") held in
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trust for the Agency. TAl shall deposit all received
funds into the Box Office Account on a regular basis (not
less than twice a week). TAl may payout Reimbursed
Expenses (as defined in Section 4) and rental settlements
from the Box Office Account. TAl will provide a full
accounting of all transactions at the end of each
calendar month. Excess funds will be transferred to the
Agency in accordance with procedures determined by the
Director from time to time. This section 2(f) shall not
apply to ticket sales for San Bernardino non-profit
performance groups which retain the proceeds from sales
of their own tickets.
3. Personnel
(a) In performing the management services set forth in
Section 2, TAl shall report to and operate under the
direction of the Director and shall act as an agent of
the Agency and not upon TAl's own authority. TAl commits
Joseph Henson and Allen Evenson, or their assigned
qualified staff to the performance of TAl's duties under
this agreement.
(b) It has been determined that Joseph Henson and Allen
Evenson are necessary to .the successful performance of
this agreement. No diversion or replacement of Joseph
Henson and Allen Evenson shall be made by TAl without
written consent of the Director.
4. Manaqement Fee
(a) In consideration for TAl's prov~s~on of the operating and
management services set forth in Section 2 above, TAl
shall receive 20 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. See Attachment "A".
(b) In addition, TAl shall receive 50 percent of cash
sponsorships obtained by TAl as determined in accordance
wi th generally accepted accounting principles. Said
sponsorship fees will be paid annually within 60 days of
the close of each fiscal year.
(c) TAl shall not bill the Agency separately for any services
provided by its officers or other representatives of TAl
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as such services are included in the management fee.
Costs of any direct theater personnel, (i.e., the box
office manager and cleaning staff including costs for
payroll and pertinent benefits) shall be charged to the
Operating Budget described in Section 6. Costs for
ushers, security guards, stage manager, equipment rental,
etc. , that are reimbursed by Theatre's renters
("Reimbursed Expenses") may be paid from the Box Office
Account in accordance with Section 2(f).
(d) All presentations by TAI and/or others are outside the
scope of this agreement. TAI will be responsible for
losses incurred through its own presentations or its
portion of any separately approved co-promotions wi th
Agency. Agency will be responsible for losses incurred
through its own presentations (including those of Main
Street, etc) or its portion of any separately approved
co-promotions with TAI.
5. Vendor Payments
Payments for goods and services, other than those for
management and operating personnel, shall be made directly by
the Agency to the applicable vendors. No such payments shall
be made by or through TAI without prior written approval of
the Director.
6. Operating Budaet
Ninety days prior to the end of each fiscal year TAI, in
consultation with the Director of Business Recruitment,
Retention and Revitalization, shall develop a budget for
inclusion in the Agency's budget to be approved by the
Community Development Commission. Such approved budget shall
be the following fiscal year's Operating Budget.
7. Maintenance of Services
Neither TAI nor its employees shall hinder, delay, limit or
suspend the continuity of the Theatre's function, operation or
service in any manner. TAI shall not in any manner coerce,
intimidate, instigate, endure, sanction, suggest, conspire
with, promote, support, sponsor, engage in, condone or
encourage any employee to participate in any strike, slowdown,
mass resignation, mass absenteeism or any type of concerted
work stoppage. In the event any of the above-described
actions occur, TAI shall be obligated to maintain the
management services which are the subject of this agreement.
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8. Term and Termination
8.1 Term
This Agreement shall commence on the first (1st) day of
May, 2000, and stay in effect for two (2) years through
April 30, 2002.
8.2 Termination
Either party may cancel this agreement by glvlng a 30-day
written cancellation Notice pursuant to Section 10.1 here
with in.
9. Indemnification and Insurance
9.1 Indemnification
9.1.1 TAI will accept the full responsibility for and
shall defend, indemnify and save harmless the Agency and
its commissioners, officials, officers, employees and
agents from all claims for all loss or damage to
property, including loss of use thereof, costs,
attorneys' and witnesses' fees, and expenses incident
thereto, and injury to persons resulting from the
negligent execution or performance of this Agreement as
well as for any claims made by or on behalf of TAI's
agents, servants, and/or employees arising out of their
employment or work pertaining to the operations under
this Agreement; moreover, TAI shall at all times defend,
indemnify and hold the Agency, its commissioners,
officials, officers, employees and agents harmless from
and against any and all liabilities, demand, claims,
sui ts, losses, damages, causes of actions, fines, or
judgments, including costs, attorneys' and witnesses'
fees, and expenses incident thereto, arising out of or in
connection with any act or omission of TAI or its agents,
servants or employees in the execution or performance of
this Agreement or as a result of the failure by TAI to
comply with all laws, ordinances or governmental
regulations applicable to TAI or the conduct of TAI's
business.
The Agency shall accept the full responsibility for and
shall defend, indemnify and save harmless TAI and its
commissioners, officials, officers, employees and agents
from all claims for all loss or damage to property,
including loss of use thereof, and injury to persons
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resulting from the negligent execution or performance of
this Agreement as well as for any claims made by or on
behalf of the Agency's agents, servants and/or employees
arising out of their employment or work pertaining to the
operations under this Agreement; moreover, the Agency
shall at all times defend, indemnify and hold TAl, its
commissioners, officials, officers, employees and agents
harmless from and against any and all labilities, demand,
claims, suits, losses, damages, causes of action, fines,
or judgments, including costs, attorneys' and witnesses'
fees, and expenses incident thereto, arising out of or in
connection with the execution or performance of this
Agreement or as a result of the failure by the Agency to
comply with all laws, ordinances or governmental
regulations applicable to the Agency or the conduct of
the Agency's business.
For the purposes of this section, the costs, salaries and
expenses of the city Attorney and members of his office
shall be considered as attorneys' fees.
9.2 Insurance
9.2.1 Without limiting the effect of any indemnity in
this Agreement, TAl shall purchase and maintain in
effect, at its own expense, during the term of this
Agreement insurance from insurers acceptable to the
Agency protecting TAl, the Agency, its commissioners,
officers, employees and agents, against claims for bodily
injury, including personal injury, property damage,
including loss of use thereof, which may arise or be
alleged to have arisen, from TAl's activities in
connection with the performance of this Agreement,
whether such activities be of TAl, TAl's agents, or of
anyone employed by TAl. The types of insurance coverage
as well as the amounts of such coverage shall be as
follows:
9.2.2 TAl shall furnish workmen's compensation and
employers' liability insurance as required by the laws of
the State of California covering all persons employed by
TAl in the performance of the duties described herein.
9.2.3 TAl shall provide public liability insurance
coverage in the amount of not less than $1,000,000 for
property, death or injury of one person, and anyone
accident or casualty, covering the performance of the
services herein ordered. The Agency, its commissioners,
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officials, officers, employees and agents, shall be named
as an additional insured.
9.2.4 Within ten (10) days after the acceptance of this
Agreement by the Agency, TAI shall deliver to the Agency
certificates of insurance evidencing that insurance has
been purchased by TAI as required in this Section 9.2 and
copies of endorsements providing (i) thirty (30) days'
written notice of cancellation, non-renewal, or reduction
in coverage by the insurers to the Agency, (ii)
automobile liability and comprehensive general liability
insurance, and (iii) that the Agency, its commissioners,
officials, officers, employees, and agents are additional
insureds. Said certificates and insurance and copies of
endorsements shall be on file with the Agency at all
times thereafter during the term of this Agreement.
Failure of TAI to provide. the certificates of insurance
or subsequent receipt by the Agency of a notice of
cancellation of the insurance policy(ies) by TAI's
insurance company (ies) shall constitute a material breach
of this Agreement and this Agreement may be terminated by
the Agency upon written notice. All policies of
insurance required and provided by TAI under this Section
9.2 shall include, or be endorsed to provide, a waiver by
the insurers of any rights of subrogation that the
insurers may have at any time against the Agency, its
commissioners, officials, officers, employees and agents.
10. Miscellaneous
10.1 Notices
Any and all notices required or permitted to be given
hereunder shall be in writing and shall be personally
delivered or mailed by certified or registered mail, return
receipt requested, postage prepaid, to the respective parties
at the addresses indicated below:
If to Agency:
Redevelopment Agency of the City of San
Bernardino
201 North "E" Street, Suite 301
San Bernardino, California 92401-1507
Attn: Director, Business Recruitment,
Retention & Revitalization
If to TAI:
Theatrical Arts International
PO Box 270
San Bernardino, California 92402-0270
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Any party may change its address by a notice given to the
other party in the manner set forth above. Any notice given
personally shall be deemed to have been given upon service and
any notice given by certified or registered mail shall be
deemed to have been given on the fifth (5th) business day
after such notice is mailed.
10.2 Integration
This Agreement supersedes all prior agreements and
understandings between the parties relating to the subject
matter hereof. Neither of the parties has relied upon any
oral or written representation or oral or written information
given to it by any representative or the other party.
10.3 Severability
If one or more of the provlslons of this Agreement is
hereafter declared invalid or unenforceable by judicial,
legislative or administrative authority of competent
jurisdiction, the parties hereto agree that the invalidity or
unenforceability of any of the provisions shall not in any way
affect the validity or enforceability of any other provisions
of this Agreement.
10.4 Amendment; Modification
No change or modification of the terms or provisions of this
Agreement shall be deemed valid unless in writing and signed
by both parties subject to governmental approval, if required.
10.5 Governing Law
This Agreement shall be construed, interpreted and applied in
accordance with the laws of the State of California.
10.6 Waiver
No waiver of any breach or default shall be construed as a
continuing waiver of any provision or as a waiver of any other
or subsequent breach of any provisions contained in this
Agreement.
10.7 Headings
The headings of Sections of this Agreement have been inserted
for convenience of reference only and shall not affect the
interpretation of any of the provisions of this Agreement.
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10.8 Assignment
Neither party hereto shall assign, hypothecate, or otherwise
transfer such party's rights. hereunder, or delegate such
party's duties hereunder, without the prior written consent of
the other party hereto.
10.9 Contract Evaluation and Review
The ongoing assessment and monitoring of this Agreement is the
responsibility of the Director. The Director is authorized to
approve any changes to the Rental Contract, with the
concurrence of Agency Counsel regarding legal form and
content. The Director is authorized to approve the remaining
11 rent-free performance days under Section 4(a).
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IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date first above written.
REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO
By:
Judith Valles
Chair of the Community
Development Commission of the
City of San Bernardino, its
governing body
By:
Agency Secretary
Approved as to legal form
and Content:
Agency Special Counsel
THEATRICAL ARTS INTERNATIONAL
Joseph Henson
Allen Evenson
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RESOLUTION NO.
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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
WHEREAS, the Agency and Theatrical Arts International, a California corporatio
("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. I 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
Amendment No. I 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. I.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO THE
OPERATION AND MANAGEMENT AGREEMENT BY AND BETWEEN
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
THEATRICAL ARTS INTERNATIONAL
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
meeting
7 thereof, held on the day of
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COMMISSION MEMBERS: AYES
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ESTRADA
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LIEN
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McGINNIS
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DERRY
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SUAREZ
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ANDERSON
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MCCAMMACK
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, 2002, by the following vote to wit:
NAYS
ABSTAIN ABSENT
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Secretary
The foregoing Resolution is hereby approved this
day of
,2002.
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JUDITH V ALLES, Chairperson
Community Development Commission
of the City of San Bernardino
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legal content.
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By:
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STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
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I, Secretary of the Community Development
Commission ofthe City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached
copy of Community Development Commission of the City of San Bernardino Resolution
No. is a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the Community Development Commission of the City of San Bernardino this day of
,2002.
Secretary of the
Community Development Commission
ofthe City of San Bernardino
SB2oo2:4497.1
4
. 1 EXHIBIT "A"
2 AMENDMENT NO.1
3 TO
OPERATION AND MANAGEMENT AGREEMENT
4 (Theatrical Arts International)
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S82oo2:4497.1 5
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AMENDMENT NO. I TO
OPERATION AND MANAGEMENT AGREEMENT
(Theatrical Arts International)
THIS AMENDMENT NO. I is entered into as of the _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 ("T AI").
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 other.vise 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.
Section 4(a) of the Agreement is amended in its entirety to read as follows:
"(a) In consideration for TAl's provision of the
operating and management services set forth in
S82002:8818.1
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Section 5.
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 8.1 is amended in its entirety to read as follows:
"8.1 Term
This Agreement shall commence on the first (1 ") 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.
S82002:8818.1
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IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment No.1 as
of the date first above written.
ATTEST:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
Executive Director
Agency Secretary
APPROVED AS TO FORM AND
LEGAL ONTENT:
'I
Agency S,
582002:8818.1
THEATRICAL
INTERNATIONAL, a
corporation
By:
Joseph Henson
By:
Allen Evenson
ARTS
California
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): If - /5 - ~ Item # e.sq
Vote: Ayes I - f) Nays 'fj Abstain
Change to motion to amend original documents:
Resolution # CXX-!';;OOd- ~ I q
.e Absent t;>-
Reso, # On Attachments: 1
Contract term:
Note on Resolution of Attachment stored separately: =
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: 4 -/ U - 0 d-
Date of Mayor's Signature: 4-1(,--(::b:l
Date of Clerk/CDC Signature: 4-\ '1-0;)-
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
\
\
\
,
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney Code Compliance
Dev, Services
Parks & Rec,
Police
Public Services
Water
Notes:
NullNoid After:-
By: ~
Reso, Log Updated:
Seal Impressed:
,;
Date Returned: ~=s-o ~
YesL No By_
Yes N"I By_
Yes No By_
Yes No By_
Yes No By_
EDA
/
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: JIr[ Date: Cr 3 -6;;r
Revised 01/12/01