HomeMy WebLinkAbout2000 Ordinance No. 015ORDINANCE NO. §_
SERIES OF 2000
BY AUTHORITY
COUNCIL BILL NO. 15
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF AN AMENDMENT TO
THE AGREEMENT AND SUBLEASE BETWEEN THE MUSEUM OF OUTDOOR
ARTS (MOA), THE ENGLEWl)OD ENVIRONMENTAL FOUNDATION, INC. (EEF)
AND THE CITY OIi ENGLE\t~D, COLORADO (CITY). ). t
WHEREAS, the'Cit¥ Council of the City of Englewood has designated
approximately 15,000 aquare feet of space on the second floor of the Englewood Civic
Center for cultural uses; and
WHEREAS, in an effort to activate and energize,Citj,Center Enslewood and to ,
provide for a unique character to the development, the City has exi.,lored opportunibea
for cooperation with cultural organizations at CityCenter; and
WHEREAS, the primary tenant for this area ia the Museum of Outdoor Arta ; and
WHEREAS, the Englewood City Council authorized an Agreer .ent and Sublease
between MOA , EEF and the City by the passage of Ordinance N .. 68, Seriea of 1999;
and
WHEREAS, additional space baa become available and the pwties wish to enlarge
the amount of space available to the Museum of Outdoor Arta for subleaae; and
WHEREAS, the pBBSage of this propoaed Ordinance will finalize an amendment to
the Subleaae and Agreement between the City of Englewood , the Englewood
Environmental Foundation, Inc. and the Museum of Outdoor Arta expanding the space
and clarifying uses;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The acceptance of the Amended Agreement and Subleaae between the
City of Englewood, Colorado, Museum of Outdoor Arta and the Englewood
Environmental Foundation, Inc. for space at the Englewood Civic Center, attached as
"Attachment I", ia hereby accepted and approved by the Englewood City Council.
~-The Mayor is authorized to execute and the City Clerk to attest and seal
the Amendment to the Agreement and Sublease for and on behalf of the City of
Englewood, Colorado.
Introduced, read in full, and continued on first reading on the 6" day of March,
2000 .
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Reintroduced, rea~ in fulL and p._d on NCOnd reading at a Special Meetiuc held
on the 13" day of Marcl,, 2000.
Publiahed u a Bill for an Ordinance on the 17th day of March, 2000. ~
Read by title and paued on final reading n,, ~e 3rd day of April, 2000.
Published by title aa Ordinance No. ~ Series of 2000, on the 7th day of April,
2000 .
~/Mi
I, Loucrishia A Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing ia a true copy at the Ordinance pa on final reading
and published by title u Ordinance No. /S, Series of 2000.
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COUNCLCOMIIUN~ATION
Oate Agenda Item
March 2, 2000
11 A
INITIATED BY
Cily Managefs Offir.e
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
subject
Amendment to the Agreement and
SubleaH with the Museum of
Outdoor Arts
I
STAFF SOURCE
Michael Flaherty, Assistant Cily Manager
On November 22 , 1999 Cily Council approved Ordinance 68 authorizing an agreement and sublease with the Museum
of Outdoor Arts (MCA) for approximately 7000 square feet of space in Civic Center for operation of programs of the
Museum
RECOMMENDED ACTION
Staff nicommends Council approval of a Bill for an Ordinance approving this amendment to the agreement with ~A
BACKGOUND
Following approval of the MCA agreement the City and David Taylor Danca Theatre (DTOll jointly determined that
due;., structural issues , the Civic Center space proposed for their use was not viable. The absence of the David
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Taylor Dance Theatre on the second floor resulted in a request from MCA to expand their space to approximately
10,000 square feet to accommodate MCA space needs that were to be met through shared usage with DTOT and to
allow for expanded res1room facilities to meet code requirements .
Based on direction from Cily Council to staff provided during study sessions of December 20 , 1999, January 10 and
February 7, 2000, staff ha, prepared a contract amendment incorporating the following changes :
Approximately 4000 square feet remain availabl8 for the City to utilize for cultural purpos.,s.
MCA will assumo full responsibility for the lobby/gallery, which will be open to the public dtJring their
hours of operation .
The Cily will have the exclusive righl and responsibilily for scheduling of the Cily's cultural spacP a11d will have first
priorily for its use . MCA programs may utilize this space, without charge , for a maximum of 90 uses annually .
MCA uses beyond 90 annually would be at the City's standard rental rate for the space .
The Cily has the right to utilize , without charge but subject to availability, MOA's gallery, studio space and
conference rooms .
Non-competition language and agreement between the parties to cooperate in scheduling of events and programs
for the City 's cultural space have been added.
FINANCIAL IMPACT
Financial impacts to the Cily are lim~ed to the additional in-kind contribution for building services that are proportional
to the increase in the space allocated to MCA. A financial benefit to the City is MOA's agreement to pay for the total
cost of the public gallery space , as under the prior agreement MCA, the Cily and DTOT would share this cost equally .
LIST OF ATTACHMENTS
~ill for an Ordinance
w~roposed amendatory agreement
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AMENDMENT TO GOVERNMENTAL AGREEMENT AND SUBJ.EASE
• I
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WHEREAS, the City of Englewood, Colorado (hereinafter referred to as "CITY"), the t
Englewood Env ;ronmcntal Foundation, Inc . (hereinafter referred to as "EEF"), and The
Museum of Outdoor Arts (hereinafter referred to as "MOA ") entered Into a 1
"Governmental Agreement and Sublease" on November 22, 1999 . Concerning the
agreemem and sublease of certain premises in the Civic Center Building located at 1000
Englewood Parkway.
WHEREAS, the parties wish now to amend that agreement to reflect subsequent changes
in the availability of space and agreements for mutual use of tha: space.
THEREFORE the following sections ,hall now read as follows :
GRANT AND TERM
1.1 Demised Premises. In consideration of the rents , covenants and
agreements herein reserved and contained on the pan of MOA to be perfonned, CITY
does hereb} sublease and demise unto MOA the space to be located in the Civic Center
Building as shown on Amended Exhibit D attached hereto and incoll'orated herein by
this reference, located at 1000 Englewood Parkway, Englewood, Colorado, which
premises (hereinafter called "Demised Premises") are also known as "Museum Space ".
The Demised Premises contain s approximately ten-thousand (10,000) square feet of
rentable space as shown on Amended Exhibit D.
ARTICLE Ill
CONDITION OF PREMISES
3.3 Restroom Improvements. The restroom improvements as shown on
Amended Exhibit D, as required by the CITY'S Building Code , shall be improved by the
CITY and MOA in accordance with the CITY 'S plans. Englewood agrees to pursue
such improvements through the CITY'S contractor. MOA shall not be responsible to
expend more than one-third ( 1/3) of the cost of such improvements in an amount not to
exceed Forty Thousand Dollars.
ARTICLE XVIII
SH:\RED USE OF CULTURAi SP:\CE
18.J Shared u,e or CITY 'S Cultural Space. The City agrees to allow MOA to use
the CITY'S cultu,al spac e (the approximately 4000 square foot area adjacent to the
MOA space on the second floor of the Civic Center). The CITY will have th e exclusive
right and responsibi li ty for the scheduling of the space r.nd will have first priority for its
use . The second priority for scheduling will be progrnms that are jointly offered by the
CITY and MOA. 'Ille third priority for IICheduliq will be for MOA pqnma, for which
MOA will be permitted a m&.'WIIWD of ninety separate Ula &l no c:harge to MOA. MOA
may schedule use of cnY'S cultural space, subject to availability, in m:esa of ita
maximum ninety 111111, pruvided that MOA pay 1be CITY the 11111dard radii 11111 tor any
such uses . A "use" beiaa dcfiDed u a scheduled clw or meeting for a specllc ipll:I for
a specific; l"'iod of time. For cumple, a six weelc art elm meeting oac:e evsy welt for
a set lllilllber of hours will be six 1ep1rate uses, while one six-hour seminar in one area
will be oae 111e.
11.l Noa-Competitive asace o(CIT'i'S Ci:!•ur:-1 Space. The City and MOA
agree that the City's usase of the City's Cultw ..! Space will not dircc:tly campcte with
classes and prosnm, offered by MOA.
lU Use ofMOA Space by CITY. : . OA agiees, subject to availability, to
permit use of its confCRIIGC room and S!'xio s1 -~ by the CITY for CITY pulll()SCS. This
use sball be &l no charge to the CITY. MOA 1\mher agr= to permit public access to its
gallt.ry space, u indicated on Exhibit D. durin11 their regular hours of operation.
11.4 Cooperatloa la Pro1ram Pbuainc-The CITY and MOA agree to c:ooperue in
planning cultw'al programs and events for the Civic Center building and CityCenter
Englewood.
IN WITNES.', WHEREOF, the parties hereto have affi~·,:,;i ~•0::: .i;,"11".:JJ"eS to this
Amendment to Gove1111nental Agreement and Sublcue the day ar .• : :1eat 5rst &hove
written.
Attest
By :. ______ _
City Cleric • Loucrishia A. Ellis
CITY OF ENGLEWOOD
by : __________ _
Thomas J Bums. Mayor
ENGLEWOOD ENVIRONMENTAL
FOUNDATION, INC .
by · .. _-------
Its:
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STATE OF COLOR.ADO ..
COUN1Y OF AllAPAHOE
The fonaoiq Ammdmeot to Governmental Apement and Sublease was IUbscribed, ICknowledged, and affirmed et 1W011111D before me this ___ day of_, ____ ~ 2000, by
_____ u _____ olEnsfewr<ld Environmental Foundation, lac .
WITNESS my band and official seal,
(SEAL)
My Commissi011 Expires:
STATE OF COLOR.ADO
S.,.
COUN1Y OF ARAPAHOE
NO'.acy Public
----···-------Address
THE MUSEUM OF OU'."OOOR AR.TS
Tbe fonaoiq Amendment to Govemm.:utal Apement and Sublease wu IUbscribed,
acbowleda,ed, and aft:rme4 or sworn~ 'iefare me this 1~12>. day of L{U41 ,.e,,., 2000,
B;vl\od]'U. (l'qjd,t_,, ~ a.~ 1} ... ><d +:--:r:-of The Museum of
Outdoor Arts. .
WITNEss my llaad and official MIi,
(SEAL)
My Cammiaioa Expi,w: .. 1{.' _,, -or,
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AHE2IE> BXIIIBIT D
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-Shared R,strooms
.. Ciry CulMol Space
--MOASpace