FOREST THEATER USE AGREEMENT between the CITY OF CARMEL-BY-THE-SEA, a municipal corporation and PACIFIC REPERTORY THEATER, a California not-for-profit corporation

ABSTRACT: The text of the FOREST THEATER USE AGREEMENT between the CITY OF CARMEL-BY-THE-SEA, a municipal corporation and PACIFIC REPERTORY THEATER, a California not-for-profit corporation, is embedded. The lease agreement is for five years (January 1, 2011 – December 2015) and includes the use of the Outdoor Forest Theatre and Indoor Forest Theatre. The City Council unanimously voted to approve a Resolution entering into a five-year lease agreement with the Pacific Repertory Theatre for the use of the Forest Theater facility at its 5 April 2011 City Council meeting. Estimated annual revenue is $13,200.

FOREST THEATER USE AGREEMENT PACIFIC REPERTORY THEATER

FOREST THEATER USE AGREEMENT between the CITY OF CARMEL-BY-THE-SEA and PACIFIC REPERTORY THEATER

ADDENDUM:
City Council
Agenda Item Summary

Name: Consideration of a Resolution entering into a five-year lease agreement with the Pacific Repertory Theater for the use of the Forest Theater facility.

Description: At its February 1, 2011 meeting, Council directed staff to negotiate a lease agreement with Pacific Repertory Theater for the use of the Forest Theater. Using the prior five-year lease as a starting point for negotiations, staff is recommending the attached proposed lease agreement.

The lease agreement term is for five years and includes the use of the Indoor Theater formerly occupied by the Children Experimental Theater. City lease fees collected from Pacific Repertory Theater are specified on Exhibit “B” under “Schedule of Payments”.

Overall Cost:
City Funds: $13,200 estimated annual revenue
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations: The Pacific Repertory Theater is a long-established local performing arts organization that offers a range of theatrical and cultural events for the community. This organization is a good tenant during the performance season and pays its City lease fees promptly. The lease fees are deposited into the Forest Theater Enterprise Fund, which offset costs to maintain the Forest Theater facilities and grounds.

Decision Record: The City Council on November 2, 2010 directed staff to negotiate a lease agreement with Pacific Repertory Theater. The City Council confirmed this action at a subsequent meeting held on February 1, 2011.

Reviewed:

Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ENTERING INTO A FIVE-YEAR LEASE AGREEMENT WITH THE PACIFIC REPERTORY THEATER FOR THE USE OF THE FOREST THEATER FACILITY

WHEREAS, Pacific Repertory Theater is a performing arts organization in the City; and

WHEREAS, the City owns the Forest Theater facility and property; and

WHEREAS, the City leases the Forest Theater facility and property during a performance season, generally commencing in mid-April and ending in mid-October; and

WHEREAS, Pacific Repertory Theater is interested in leasing the Forest Theater facility (including the Indoor Theater) commencing generally the last week of July through the second week of October.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:

1. Authorize a five-year lease with the Pacific Repertory Theater.
2. Authorize depositing fees generated from the Pacific Repertory Theater lease into the
Forest Theater Enterprise Fund – Account #60-40727.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 5th day of April 2011, by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

_______________________
SUE McCLOUD, MAYOR

ATTEST:

__________________________
Heidi Burch, City Clerk

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
April 5, 2011

VII. CONSENT CALENDAR

H. Consideration of a Resolution entering into a five-year lease agreement with the Pacific Repertory Theater for the use of the Forest Theater facility.

Carolyn Hardy asked to pull Item “H”.

H. Consideration of a Resolution entering into a five-year lease agreement with the Pacific Repertory Theater for the use of the Forest Theater facility.

Stephen Moorer, executive director of Pacific Repertory Theater, addressed the issue of the times designated for set construction.

Carolyn Hardy, Adam Moniz and Carl Iverson spoke to the issue.

Council Member BURNETT moved to approve Consent Agenda Item “H”, with the amendment that with the exception of rehearsals, all work including construction on sets shall end by 5:30 p.m. and shall not begin before 9:00 a.m. on Sundays, seconded by Council Member TALMAGE and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE; McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE