HomeMy WebLinkAboutR-2011-114 Capitol Theatre Operating Agreement AmendmentRESOLUTION NO. R-2011-114
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute
Amendment No. 1 to the Capitol Theatre Operating Agreement for the
purpose of correcting the property description.
WHEREAS, the City of Yakima is the owner of the Capitol Theatre (hereinafter referred
to as the "THEATRE"), a performing arts facility; and,
WHEREAS, the City of Yakima contracts with the Capitol Theatre Committee, Inc. for
operation of the Theatre; and,
WHEREAS, the property description of the Theatre has changed as a result of an
expansion project that increased the size of the Theatre building by the addition of constructed
improvements encompassing an additional five Lots; now, therefore:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached and incorporated "CAPITOL THEATRE OPERATING AGREEMENT AMENDMENT
NO. 1" for the purpose of correcting the legal description of the property.
ADOPTED BY THE CITY COUNCIL this 5th day of July, 2011.
Micah Cawley, Mayor
ATTEST:
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City Cler
CAPITOL THEATRE OPERATING AGREEMENT
AMENDMENT NO. 1
This Amendment, hereinafter identified as Amendment No. 1 to the Capital Theatre
Operating Agreement, City Contract No. 2009-78, is hereby entered into and made a part of the
Operating Agreement between CITY OF YAKIMA, a municipal corporation, (hereinafter "City")
and CAPITOL THEATRE COMMITTEE, INC., a Washington non-profit corporation, (hereinafter
"CTC"), as set forth in the Agreement entered into on the 7th day of July, 2009.
City and CTC, for mutual consideration hereinafter set forth, agree to amend, revise
and/or add the following to City Contract No. 2009-78 (hereafter "Agreement"), previously
executed by the parties hereto, as follows:
I. OBJECTIVES
The specific purpose for this amendment to the underlying Operating Agreement is to
correct the legal description of the property associated with the Theatre operations as a result of
an expansion project that increased the size of the Theatre building by the addition of
constructed improvements encompassing an additional five Lots, identified in the amendment
under paragraph II, below.
II. AMENDMENT
WHEREAS, the City of Yakima is the owner of a performing arts facility (hereinafter
referred to as the "THEATRE" which is situated upon the following described real property in
Yakima County, State of Washington, to wit:
Lots 13, 14, 15, 16, 17, 29, 30, 31 and 32, Block 71, Town of
North Yakima, now Yakima, Washington, according to the official
plat thereof recorded in Volume "A" of Plats, page 10, and re-
recorded in Volume "E" of Plats, page 1, records of Yakima
County, Washington.
III. STANDARD PROVISIONS
Other than specific amendments stated herein, all other terms, conditions and
requirements of the underlying contract shall remain in full force and effect throughout the term
of the underlying contract.
IN WITNESS WHEREOF the parties hereto duly enter into and execute this Addendum No. 1 to
City of Yakima Contract Number 2009-78, as of this day of July, 2011.
CITY OF YAKIMA
By
Michael A. Morales, City Manager
CAPITOL THEATRE COMMITTEE, INC.
By
ATTEST:
Deborah Kloster,
CITY CONTRAC r NO:
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RESOLUTION NCP" nr r) I '' 11
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 44-11
For Meeting of July 5, 2011
ITEM TITLE: Consideration of Resolution to amend the Capitol Theatre Operating
Agreement for the purpose of correcting the legal description of the property.
SUBMITTED BY: Jeff Cutter, City Attorney
CONTACT PERSON/TELEPHONE: Jeff Cutter, City Attorney (575-6030)
SUMMARY EXPLANATION:
The specific purpose for this amendment to the underlying Capitol Theatre Operating
Agreement is to correct the legal description of the property associated with the Theatre
operations as a result of an expansion project that increased the size of the Theatre building
by the addition of constructed improvements encompassing an additional five Lots.
Resolution X Ordinance Other (Specify) X Contract Amendment
Contracts Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve resolution to amend Capitol Theatre Operating
Agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
1