Loading...
HomeMy WebLinkAbout07/17/1990, C-9 - AMENDMENT TO THE PERFORMING ARTS CENTER DEVELOPMENT AGREEMENT i MEETINGDATE: o� ►�H�ahlll[I�p � N city of sm LUIS OBIS1307-17-3o COUNCIL AGENDA REPORT 1T°"'NUMBER: FROM: John Dunn, City Administrative Officer Prepared by: William C. Statler, Director of Finance SUBJECT: AMENDMENT TO THE PERFORMING ARTS CENTER DEVELOPMENT AGREEMENT CAO RECOMMENDATION Approve an amendment to the Performing Arts Center Development Agreement reflecting a cost ceiling on the State's share of the project of $15, 643, 000. DISCUSSION On November 13 , 1989, the City of San Luis Obispo, Cal Poly, and the Foundation for the Performing Arts entered into a Development Agreement for a performing arts center to be located at Cal Poly. Under the terms of the agreement, the cost of designing and constructing this project is to be shared as follows: Original Percent Project Share Estimate City (one-sixth) 17% $ 31333, 300 Foundation (one-sixth) 17% 31333 , 300 Cal Poly (two-thirds) 66 13 ,333 ,400 Total 100% $20, 000, 000 Since approval of this agreement in November of 1989, a major milestone has been achieved with legislative approval of preliminary planning funds for the project. Based on past state policy, approval of preliminary planning funds is the critical decision-making step in the funding of construction projects. With this legislative action, a ceiling on state participation is established in the amount of $15,643, 000 computed as follows: ■ Two-thirds share (66%) of current estimated project costs ($23 ,100, 000) $15,278, 000 ■ All (100%) of current estimated costs of classrooms 365, 000 $15,643 ,000 The purpose of the recommended amendment to the Development Agreement is to recognize this ceiling, which will be adjusted at the time of award of bid by changes in the Engineering News Record (ENR) cost index (a standard industry guide to construction cost increases) . A letter from the President of Cal Poly requesting the City approval of this amendment is provided in Attachment A. • ���H���►►�IIIIIIIIII ��IN city of San Luis OBlspo COUNCIL AGENDA REPORT FISCAL IMPACT Approval of the amendment retains the basic agreement; the combined State and Foundation share of project costs remain at 5/6's with the City's contribution at 1/6. The sole purpose of the amendment is to limit the State's contribution to a total project cost (subject to increases in the ENR) of $23 . 1 million. If actual construction costs exceed this estimate, then the City's level of participation may exceed its one-sixth share; funding the balance would have to be subsequently negotiated between the City and the Foundation. However, staff believes that this is a reasonable cost estimate, and accordingly, recommends Council approval of this amendment. Under the revised project cost estimates, overall funding for the project is estimated as follows: Current Percent Project Share Estimate City (one-sixth) 17% $ 31911, 000 Foundation (one-sixth) 17% 3 , 9111000 Cal Poly (two-thirds) 66% 15. 278, 000 Center Total 100% 23 , 100, 000 Cal Poly - Classrooms (all) 365, 000 Project Total $23,465, 000 While this modification has the effect of potentially increasing the City's and the Foundation's costs, four factors make this a fair arrangement for both the City and the Foundation for the following reasons: ■ When we initially entered into the Memorandum of Understanding, the State's share of the total project cost was unknown at that time. We were later very gratified to learn that the State would be providing 2/3 of the project's costs based on the rationale that it was a shared project and that non-State resources would provide a substantial part of the project funding. ■ The initial project financing was for the building itself, and did not include the cost of equipping the building. The latest State approval and funding does include the cost of equipping the building. Though this action increases the costs for all three parties, it would provide for a fully-equipped building, and will eliminate the difficult issue of later developing and funding the cost sharing for the equipment. Providing proper equipment for a Performing Arts Center is expensive, as a modern facility consists of elaborate staging, acoustical, lighting, electronic, seating and furnishings in order to meet the diverse needs of a multi-use theater. �,m� NVhIIIII��pnNu►�III�UI city of San tuts OBISpo COUNCIL AGENDA REPORT ■ The previous agreement had a fixed total cost, and there was no provision to track increases in' the cost of construction. The modified agreement does provide a mechanism for increased State funding based on annual changes in the ENR cost-of-construction index. ■ We now have a budget for the Performing Arts Center of $23, 100,000 instead of the previous $20, 000, 000. This figure,is more realistic and livable, and will allow for the design of a center which will meet the twin requirements for a functional and an attractive facility. CONCURRENCES The proposed amendment has been reviewed by the City Attorney, and he concurs with the CAO's recommendation. SUMMARY Recent legislative approval of preliminary planning funds for the performing arts center represents a significant milestone in the achievement of this project. Limiting the State's participation in the project - consistent with the current funding formula - to a maximum project cost (excluding classrooms) of $23. 1 million is a condition of State funding approval. As such, it is recommended that the Council approve an amendment to the Development Agreement for the Performing Arts Center limiting the State's contribution to the project to $15,643,000 (66% of estimated project costs plus loot of classroom construction costs) . ATTACHMENTS 1. Request from Cal Poly for City approval of an amendment to the Development Agreement. 2. Amendment to the Development Agreement for the Performing Arts Center. AGR\AMENDPRF.YPF y I y CSL POLY _ _ C.ALIFORNI.A POLYTECHNIC STATE UNIVERSiiY ,P..`;. CIS �_)315i0. CA Q 31�' I.)FF:CF. OF THE PRES:CE?'T,. May 25. 1990 The Honorable Ron Dunin Manor of the City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403-8100 Dear Ron: As a follow-up to my recent letter on the status of the legislative actions relative to the Performing Arts Center funding. I shared with you that the Legislature had placed a ceiling on the State's share of the. Project Cost and indicated that the Development Agreement would likely need to be amended. It is our understanding that the actual budget bill, language will also contain a provision that will require that the Development Agreement be amended prior to the time that the Public JWorks Board approves the preliminary plans. I am attaching for your consideration a proposed Amendment to the Development Agreement that would reflect the Legislative action with regard .to the State's share of the Project Cost. The sections affected are 5.01, 5.04 and 5.07. I have signed the enclosed four : copiesof the Amendment and would request that you take whatever steps are necessary to sign the Amendment on behalf of the City of San Luis Obispo and forward it to Warren"Sinsheimer for review and signature on behalf of the Foundation for the Performing Arts Center. Sincerely, Warren J. Baker President _- — Enclosures cc: Warren Sinsheimer John Dunn Dour (;erair•d Attechment Z -_ AMENDMENT TO DEVELOPMENT AGREEMENT PERFORMING ARTS CENTER The following is an amendment to the Development. Agreement for the Performing Arts Center entered into on December 5 , 1989 by the Chancellor of the California State University, the President of California Polytechnic State. University, the Mayor of San Luis Obispo and the President of the Board of Directors , Foundation for the Performing Arts Center. Section 5 . 01 . is amended to read: "The parties estimate the project cost of the Performing Arts Center is $23 ,465 , 000 ( at Engineering News Record Index of 4828) , including classroom space . The three parties agree to work together on the scope of the project to stay within the estimate. ' Project cost ' means the sum required to design, construct and. equip the Performing Arts Center. Project cost includes, but is not limited to: " Section 5 . 01 . 1 . through 5 .01..8 . remain as originally written. section 5 . 04 . is amended to read: "Trustees have received legislative approval of the initial phase, preliminary planning funds , for the project . At the same time, the Legislature established that the state' s share of the Project Cost are not to exceed $15 , 643 , 000 ( adjusted only for ENR changes) , which includes $365 , 000 for classroom space . Trustees shall commit the amount approved by the Legislature for the design and construction of the project .. Trustees shall not be bound to proceed with the design and construction of the project should the legislature not allocate sufficient funds for the State ' s share of the working drawings and construction phases of the project . " Section 5 . 07 . is amended to read: "Based upon legislative action, the California State University and Cal Poly' s share of the total project cost is limited to $15 , 643 , 000 at ENR cost index of 4828 to be adjusted only for changes in that index . " � 1 Date : 1990 THE CALIFORNIA STATE UNIVERSITY By: Date : jC' 1990 CALIFORNIA POLYTECHNIC STATE UNIVERSITY, SAN LUIS OBISPO By: , Date: , 1990 CITY OF SAN LUIS OBISPO By: Date : 1990 FOUNDATION FOR THE PERFORMING ARTS CENTER By: Z