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HomeMy WebLinkAboutGrand Opera House Foundation/Amendment to Lease Agr r CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5115 FAX(920) 236-5106 LETTER OF TRANSMITTAL To: Oshkosh Opera House Foundation Inc Date: December 19, 2014 100 High Avenue Pro�ect: N/A Oshkosh, WI 54901 From: Carol Marchant, Adm. Assistant Re: Amendment to Lease Agreement Attn: Please find: � Attached ❑ Under Separate Cover ❑ Copy of Letter ❑ Contracts � Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantit Descri tion 1 Full executed Amendment to Lease A reement for the use and o eration of The Grand O era House These are being transmitted as indicated below: ❑ For Approval � For Your Use ❑ As Requested ❑ For Review& Comment Remarks: cc: City Clerk (original) Purchasing (copy) City Attorney (copy) AMENDMENT TO LEASE AGREEMENT The City of Oshkosh, hereinafter referred to as CITY, and the Oshkosh Opera House Foundation, Inc., hereinafter referred to as the FOUNDATION, entered into a Lease Agreement dated December 15, 2004, for the use and operation of the Grand Opera House, 100 High Avenue, Oshkosh. The initial term of the Lease Agreement was for five (5) years, with renewal terms of the same time period until a party provides a six (6) month notice of termination. After one renewal term of the Lease Agreement, the CITY provided the FOUNDATION with a notice of termination of the Lease Agreement effective December 31, 2014. The parties subsequently entered into negotiations for the purpose of entering into a new Lease and Operations Agreement for the Grand Opera House. While the negotiations for this new Agreement are incomplete, the parties believe that the negotiations will be successful if allowed additional time and that both receive a business benefit from this extension. The parties therefore, agree as follows: 1. The term of the Lease Agreement dated December 15, 2004 and scheduled to expire on December 31, 2014, is hereby extended on a one-time basis an additional six (6) months and will therefore expire on June 30, 2014 without further action required by either party. 2. All other provisions of the December 15, 2004 Lease Agreement shall remain in effect, EXCEPT the following: a. All provisions related to renewal periods shall be deleted; and, � b. All provisions related to notification requirements for termination of the Agreement, whether six (6) months or otherwise, shall be deleted. c. The amount of income from room tax dollars to be paid to the Grand Opera House Foundation specified in paragraph 5.a. of the current agreement shall not exceed $148,000 for the period from July 1, 2014 through June 30, 2015. 3. A copy of the December 15, 2004 to be extended, subject to modifications in this Amendment, is attached as Exhibit A. the Presence of: OSHKOSH OPERA HOUSE FOUNDATION, INC. w � By. �C� - - E. Ala man, Chairman Board ��2�� n�� �;�y��J o � ectors By: Joseph A. erlo, Presi ent and CEO CITY OF OSHKOSH By: �--- `,r���_ Mark A. ohloff, City Manager And: fl nc�ei c,. � �50�c� g; � -��� k C'��^�1 C�e v�� ApprQved as to For : / � Lynn . Lorens , ity Attorney I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. ��1� ity Comptroller