HomeMy WebLinkAbout2846 BREMERTON CITY COUNCIL
RESOLUTION NO.
A CITY COUNCIL RESOLUTION AUTHQRIZING THE
MAYOR TO EXECUTE THE FIRST ADDENDUM TQ
OPERATING AGREEMENT WITH THE ADMIRAL
THEATRE FOUNDATION
WHEREAS, performing arts facilities are an integral part of providing
cultural events for the benefit of the community; and
WHEREAS, performing arts facilities are recognized as effective vehicles
for promoting tourism; and
WHEREAS, the Admiral Threatre was purchased by the City of Bremerton
in 1989; and
WHEREAS, the City of Bremerton contracted with the Admiral Theatre
Foundation, a non-profit corporation to renovate and operate the Admiral Theatre
to promote the arts, community events and overall economic revitalization of
downtown Bremerton; and
WHEREAS, in 1990 the voters of Bremerton overwhelmingly supported a
forty (40) year contract with the Admiral Theatre Foundation in order to operate
and manage the Admiral Theatre; and
WHEREAS, in order to provide the Admiral Theatre with additional funding
for its operations the City increased its Hotel/Motel Tax rate by an additional two
percent (2%); and
WHEREAS, the use of the Hotel/Motel Tax proceeds are restricted to uses
that promote tourism; and
WHEREAS, the support of a performing arts facility is specifically
recognized as an authorized use for Hotel/Motel Tax funds; and
WHEREAS, the Admiral Theatre Foundation has done an excellent job in
managing the City's Admiral Theatre for the benefit of the community; and
WHEREAS, performing art theatres are rarely profitable from an economic
standpoint but have many intangible benefits to a community that do not show on
an economic balance sheet; and
Resolution No.
WHEREAS, the City Council recognizes that intangible profitability that
benefits the citizens of the community and finds it is in the best interests of the
City and its citizens to also assure the tangible profitability of the Theatre by
providing financial support for the operation of the theatre; now, therefore
BE IT RESOLVED that the City Council finds it to be in the best interests of the
citizens of the community to assist in the continued financial support of the Admiral
Theatre Foundation as it relates to its operation of the Admiral Theatre; and
BE IT FURTHER RESOLVED that the City Council finds that so long as there are
adequate controls relative to the financial reporting and use of City funds that a long-
term financial commitment to the Admiral Theatre Foundation is in the best interests of
the citizens of Bremerton; and
BE IT FURTHER RESOLVED the Mayor is authorized to execute the attached
document (entitled First Addendum to Operating Agreement).
PASSED by the City Council of the City of Bremerton this ~ day of
, 2001.
~' City Council President
APPROVED this ~ day of ~P.~~001.
Mayor
A'I-rEST:
KA']'HLEEN McCLUSKEY
City Clerk
Resolution No.
FIRST ADDENDUM TO OPERATING AGREEMENT
1. Date and Parties. This document, for reference purposes only, is dated
the day of ,2001 and is entered into by and between the City of
Bremerton, hereinafter referred to as the "City", and the Admiral Theatre Foundation,
hereinafter referred to as the "Foundation".
2. General Recitals.
a. The City and the Foundation entered into an agreement entitled
"Operating Agreement" (herein referred to as the "Agreement") dated the 28th day of
September 1990.
b. As stated in the Agreement the Agreement's purpose was to
provide for the renovation of the Admiral Theatre located at 507 Pacific Avenue,
Bremerton, Washington and owned by the City and to provide for the operation of a
performing and visual arts center for public entertainment, education and cultural events
at the Theatre.
c. The Foundation has successfully renovated the Admiral Theatre
and operated it since its renovation as a successful performing and visual arts center for
public entertainment, education and cultural events.
d. The purpose of this First Addendum is to clarify the term of the
Operating Agreement, to provide funding support for the Admiral Theatre and further
clarify conditions of the Agreement.
3. Term. The initial term of this Agreement commenced on September 28,
1990 and shall terminate on September 27, 2040.
4. Buildin.qMaintenance. The Foundation is solely responsible for
maintaining the Theatre property and improvements therein in good condition. The City
shall have no responsibility for building maintenance, repairs or damage to the
structure, except to the extent insurance proceeds are available to cover any loss.
5. Financial Contribution. Commencing in calendar year 2002 the City
shall pay to the Foundation Ninety Thousand Dollars ($90,000.00) and a like amount
each and every year thereafter. Provided, however, the obligation to pay this amount is
conditioned upon the following:
a. the Foundation properly maintaining the Theatre and its facilities;
b. the Foundation continuing to market and provide performing and
visual arts at the Theatre on a full-time basis, including education
and cultural events;
First Addendum to Operating Agreement
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c. the Foundation making available to the City's internal auditor all
financial information he deems appropriate to determine that the
Theatre is using its funds in accordance with its non-profit purpose
and the purpose of the Agreement and this First Addendum thereto;
d. the Foundation providing to the City an external audit on a bi-
annual basis, commencing in 2003, and the results of that audit
showing no significant irregularity;
e. the City's hotel/motel tax generates at least $90,000 each year for
each 2% of tax imposed; and
f. the City Council, in 2004, and every three (3) years thereafter,
renews its commitment to the above-referenced funding amount or
such other amount as it deems within the best interests of the City
and its citizens. It is anticipated that the $90,000.00 commitment
will be renewed after each three (3) year review, so long as the
Foundation has used the funds in a manner that the Council deems
as promoting the best interests of the City and its citizens and the
purposes of the Hotel/Motel Tax enabling legislation.
6. Confirmation of Agreement Terms. Except as modified by this First
Addendum, the terms and conditions of the Agreement are hereby confirmed in their
entirety and incorporated herein as if fully set forth in this First Addendum.
THE ADMIRAL THEATRE FOUNDATION
Date: By:
Its:
CITY OF BREMERTON
Date: By:
Lynn Horton, Mayor
ATTEST:
Kathleen McCluskey, Clerk
First Addendum to Operating Agreement
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APPROVED AS TO FORM:
Loren D. Combs, City Attorney
b~2497~contract~admiradd~1 .doc
First Addendum to Operating Agreement
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