HomeMy WebLinkAboutAGENDA REPORT 2015 0107 CCSA REG ITEM 10D ITEM 10.D.
CE!Y OF MOORPARK, 1 IA
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MOORPARK CITY COUNCILo �®7�����
AGENDA REPORT T o o
TO: Honorable City Council BY: dif
FROM: Jennifer Mellon, Administrative Services Manage ..4 _.
DATE: December 19, 2014 (CC Meeting of 117/15)
SUBJECT: Consider Amendment No. 2 to the Agreement with the Moorpark
Foundation for the Arts for Operation of the High Street Arts Center
BACKGROUND & DISCUSSION
On July 2, 2012, the City Council authorized the City Manager to sign an Agreement
with the Moorpark Foundation for the Arts (Foundation) to operate the High Street Arts
Center (Agreement). The Agreement includes exclusive use of the Theater at 45 High
Street (HSAC) and the old fire station at 782 Moorpark Avenue, collectively referred to
as the Premises.
This second Amendment to the Agreement relates to the issuance of exterior door keys
to the Premises. The current agreement does not address the issuance of keys since
the keys necessary for access to the facilities were issued to Assistant City Manager,
Hugh Riley in his capacity as liaison between the City and the Foundation. With the
retirement of Mr. Riley from the City on December 30, 2014, all keys issued to him for
the premises were returned to the City.
The Amendment provides that the City will re-issue the necessary keys to Mr. Riley as
the representative of the Foundation.
The Amendment also deletes the requirement that the Foundation acknowledge that the
parking area at 33 High Street being leased by the Foundation is to be shared with the
second floor tenant (Suite 200). That tenant has vacated the building and the
Foundation now occupies both floors.
FISCAL IMPACT
There is no fiscal impact associated to this Amendment No. 2 to the Agreement.
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Honorable City Council
January 7, 2015 Regular Meeting
Page 2
STAFF RECOMMENDATION
Authorize the City Manager to sign Amendment No. 2 as discussed in this report subject
to City Manager final language approval.
Attachment: Amendment No. 2.
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AMENDMENT NO. 2
AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE MOORPARK
FOUNDATION FOR THE ARTS FOR OPERATION OF THE HIGH STREET ARTS
CENTER (HSAC)
THIS AMENDMENT TO AGREEMENT, made and entered into this __ day of
_________ , 2015, by and between the City of Moorpark, a municipal
corporation located in the County of Ventura, state of California, hereinafter referred to
as "City" and The Moorpark Foundation for the Arts, a California non-profit under the
IRS Code 501 (c) 3, hereinafter referred to as "Foundation".
WITNESS ETH
WHEREAS, on July 2, 2012, the City and Foundation entered into an Operating
Agreement for operation of the High Street Arts Center (HSAC) located at 45 East High
Street as a performing arts venue; and
WHEREAS, on February 13, 2013, the City and Foundation entered into
Amendment No. 1 to the aforesaid Agreement with regards to utilities at 45 East High
Street; and
WHEREAS, the City and the Foundation wish to amend the aforesaid Agreement
with regard to the issuance of exterior door keys to the Theater at 45 East High Street
and the old fire station at 782 Moorpark Avenue.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree to amend the aforesaid Agreement as
follows:
I. SECTION 1 -OPERATING AUTHORITY, shall be replaced in its entirety to
read as follows:
"City hereby agrees and authorizes the Foundation to operate as hereinafter
provided, the High Street Arts Center (HSAC) located at 45 High Street as a
performing Arts Venue. This Operating Agreement shall also include use of the
City's warehouse building located at 782 Moorpark Avenue (Old Fire Station) for
storage of costumes, props and equipment. When the provisions of this
agreement apply to both the HSAC and the Old Fire Station, the term Premises
may be used. The City agrees to issue exterior door keys to the Foundation In
accordance with the Key Inventory included as Exhibit A. Based on availability
and prior written approval by the City Manager, Foundation may also have use of
Apricot Room at Community Center located at 799 Moorpark Avenue, when
necessary for performer auditions Mondays through Fridays between 4:00 p.m.
and 9:00 p.m., not including City holidays, at no cost provided no City personnel
are required to be avaUable for such use. This Operating Agreement also
acknowledges the fact that public parking available along High Street and in the
public parking lots accessible from High Street may be used but will not be
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reserved for HSAC events, and other use of public parking may occur and affect
the availability of parking for patrons at HSAC events."
11. REMAINING PROVISIONS
All other provisions of the aforesaid Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2
to the Agreement between the City and the Foundation to be executed the day and year
first above written.
CITY OF MOORPARK:
Steven Kueny, City Manager
ATTEST:
Maureen Benson, City Clerk
MOORPARK FOUNDATION FOR THE
ARTS:
Dr. Michael W. Marion, President
ATTEST:
Cara Tedrick, Secretary
Amendment No. 2 to the Agreement between the City of Moorpark and Moorpark Arts
Foundation for Operation of the High Street Arts Center
Page 2
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EXHIBIT A
Exterior Door Keys -45 East High Street and 782 Moorpark Avenue
Key No. QTY
8128 3
K4 1
K2 1
*Duplication Restricted
Notes:
Description
45 East High St. -High Street Arts Center -Front Door*
782 Moorpark Avenue -Front Door
782 Moorpark Avenue -Rear Door
• Interior locks for these buildings have been replaced and/or re-keyed by tenant.
• Rear doors to 45 High Street open only from the inside and are no longer keyed.
• Access to Rear Door at 782 Moorpark Avenue is blocked by the City of Moorpark
fence.
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