HomeMy WebLinkAbout07-26-2021 SLOMA Lease Amendment No. 1DocuSign Envelope ID: ADDA64E5-4001-4D1C-9DOA-F41CB73FB627
LEASE AGREEMENT AMENDMENT NO. 1
BETWEEN
THE CITY OF SAN LUIS OBISPO AND
THE SAN LUIS OBISPO MUSEUM OF ART
This Lease Agreement Amendment No. 1 is entered into on 7/26/2021 12 : 52 PM PDT' by and
between the City of San Luis Obispo (the "City") and San Luis Obispo Museum of Art (formerly
known as the San Luis Obispo Art Center and, previously, as the San Luis Obispo Art Association), a
California non-profit corporation ("SLOMA").
RECITALS
A. The City owns certain real property within City limits, commonly known as Mission
Plaza and identified as San Luis Obispo County Assessor Parcel No. 002-423-006.
B. The City Council of the City of San Luis Obispo adopted Resolution No. 367 (1967
Series) in order to allow for the lease of a portion of Mission Plaza to be used for the purposes of
operating a museum structure addressed at 1010 Broad Street within a defined premises that is further
identified in that 1967 Lease Agreement.
C. On February 18, 2010, the City entered into an updated Lease Agreement (the "2010
Lease") with SLOMA (formerly the San Luis Obispo Art Center and prior to that the San Luis Obispo
Art Association) to include terms and provisions to extend the lease term until 2065, specify
operational hours and procedures, and construct a new facility on the premises on or before 2025.
D. SLOMA is a non-profit corporation whose current mission statement is "To provide and
promote diverse visual arts experiences for people of all ages and backgrounds through exhibition,
education, creation and collaboration; and preserve the Museum's permanent collection as an artistic
legacy of the California Central Coast."
E. In order for SLOMA to effectively plan for and implement its mission, and for CITY
and SLOMA to effectively work together in furtherance of shared goals and objectives to promote the
visual arts, and in particular public art, CITY and SLOMA desire to further amend the 2010 Lease, as
set forth below.
AGREEMENT
1. The 2010 Lease is hereby incorporated by reference.
2. Paragraphs 11 and 12 of the 2010 Lease, and the fifth, sixth, seventh and eighth introductory
recitals of the 2010 Lease related to the construction of a new facility on the premises, are null and void
and shall no longer be in effect.
3. Paragraph 13 shown in the 2010 Lease shall be modified as follows:
Termination of Lease by City. The City reserves the right to terminate this Agreement by
notifying SLOMA the Aft (`en in writing at least six months prior to termination should the
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DocuSign Envelope ID: ADDA64E5-4001-4D1C-9DOA-F41CB73FB627
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4. Future Improvements. CITY understands and recognizes that SLOMA may desire to pursue and
implement certain repairs, improvements, or modifications to the existing museum structure, provided
that any such work shall be completed in accordance with approved planning and / or building
entitlements from CITY and shall be at SLOMA's sole expense. CITY further understands that
SLOMA may desire to begin planning and design of a new museum facility, which would give rise to
consideration of a contemporaneous lease amendment prior to any future construction.
5. Community Partnership Agreement. CITY and SLOMA will enter into a Community Partnership
Agreement, attached hereto and incorporated by reference, in order for SLOMA to provide certain
services related to administration of CITY's public art program, as well as to set forth provisions for the
shared use of adjacent premises owned by CITY, as further described therein. The Community
Partnership Agreement may be amended or updated from time to time, as may be agreed to by CITY
and SLOMA, without further amendments to the 2010 Lease.
6. Facility Rental. SLOMA shall have the right to rent the existing facility or portions thereof to third
parties in accordance with its existing rental program and published Facility Rental Request Form,
provided that such revenue shall be used in furtherance of SLOMA's non-profit mission and the
purposes of the 2010 Lease and this Amendment No. 1.
7. Except as specifically modified by this Amendment No. 1, all other terms and conditions of the
2010 Lease shall remain in full force and effect.
PA
DocuSign Envelope ID: ADDA64E5-4001-4D1C-9DOA-F41CB73FB627
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first written above.
CITY OF SAN LUIS OBISPO
DocuSigned by:
75DA33F23E6147F...
Mayor Heidi Harmon
ATTEST:
Ed
DocuSigned by:
Puy
B98BADBF9C78436...
Teresa Purrington, City Clerk
APPROVED:
DocuSigned by:
793D822F72C34F0...
Derek Johnson, City Manager
Approved to as form:
DocuSigned by:
784AEASBC66C44F...
J. Christine Dietrick, City Attorney
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SAN LUIS OBISPO MUSEUM OF ART, a
California non-profit corporation
EDocuSigned by:
SD1 C54923CA0436...
Charles Feltman, Board President
DocuSigned by:
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2C1 C41 D70BFE4FE...
Todd Peterson, Treasurer