CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
12/9/2024
1 SUBJECT:
Resolution Approving the Third Amendment to the Lease Agreement between the City of Pacifica and the Pacifica Spindrift Players for the premises located at 1050 Crespi Dr. (also known as the Pacifica Cultural Arts Center and Spindrift Theater) RECOMMENDED ACTION:
Move to adopt the resolution approving the Third Amendment to the Lease Agreement between the City of Pacifica and the Pacifica Spindrift Players for the premises located at 1050 Crespi Dr. (also known as the Spindrift Theater and formerly known as the Pacifica Cultural Arts Center); authorizing the City Manager to execute the Third Amendment to the Lease Agreement.
STAFF CONTACT:
Scott Leslie, Parks, Beaches and Recreation Department Director (650) 738-7381
[email protected]
BACKGROUND/DISCUSSION:
The City of Pacifica owns property at 1050 Crespi Drive, which includes the Spindrift Theater, formerly known as the Pacifica Cultural Arts Center. Since 1994, the Pacifica Spindrift Players (PSP), a volunteer-led nonprofit organization, has leased the theater from the City. PSP has a long history of providing theatrical productions for the community and currently produces a seven-show season that supports the cultivation of art and artists. Their performances include revivals of traditional plays and musicals as well as diverse and contemporary works.
The current lease agreement, entered into on January 1, 2015 (“Lease Agreement”), is set to expire on December 31, 2024. The original Lease Agreement was first amended on October 12, 2020 and then a second amendment was entered into on April, 26, 2021.
This Third Amendment to the lease will extend the term of the Lease Agreement an additional five years with an optional five year extension. If exercised, the extension would allow the Lease Agreement to continue through December 31, 2034.
Under the terms of the proposed Third Amendment to the Lease Agreement , PSP will pay a monthly base rent of $1,600, which now includes garbage collection services, simplifying the billing process. The previous agreement had the base rent and garbage collection service fees as separate bills. The rent will increase by 2% annually over the course of the Lease Agreement.
Under the Third Amendment to the Lease Agreement contract PSP will continue to have the opportunity to sublease theater space to the adjacent Spindrift School of Performing Arts. Any sublease agreement must be approved by the City. The two nonprofit organizations have a longstanding relationship and regularly coordinate their use of the property to enhance cultural and educational opportunities for the Pacifica community.
Pacifica City Council 2
December 09, 2024
The proposed Third Amendment to the Lease Agreement would also terminate the provisions that were added by the Second Amendment to the Lease Agreement to allow outdoor performances during the Covid-19 pandemic.
ALTERNATIVE ACTION:
The Council could decide not to extend the lease to the Pacifica Spindrift Players, or direct staff to negotiate different lease terms.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
This action supports the goal of “Broadening public communications and collaboration” by leveraging community expertise and volunteer efforts while enhancing opportunities for communication and education.
FISCAL IMPACT:
Under the new lease, the City will receive rental revenue of $1,600/month.
ORIGINATED BY:
Parks, Beaches & Recreation Department
ATTACHMENT LIST:
Exhibit A: Third Amendment to Lease - Spindrift 12.9.24 (DOCX) Pacifica City Council 3
December 09, 2024
RESOLUTION NO. ___-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA
APPROVING THE THIRD AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE
CITY OF PACIFICA AND THE PACIFICA SPINDRIFT PLAYERS FOR PREMISES LOCATED AT 1050 CRESPI DR (COMMONLY KNOWN AS THE PACIFICA SPINDRIFT THEATER) WHEREAS, the City of Pacifica owns property located at 1050 Crespi Drive (“Property”); and
WHEREAS, the Pacifica Spindrift Players (PSP) currently lease a building on the Property (also known as the Spindrift Theater and formerly known as the Pacifica Cultural Arts Center) (“Building”); and
WHEREAS, The PSP has leased the Building from the City since 1994, the current lease agreement was entered into on January 1, 2015 (the “Lease”); and WHEREAS, the parties entered into a First Amendment to the Lease on October 12, 2020; and
WHEREAS, the parties entered into a Second Amendment to the Lease on April 26, 2021; and
WHEREAS, the PSP desires to continue to lease from the City the premises for the purposes of cultural arts use (i.e. performing arts activities, music and dance instruction); and WHEREAS, the City desires to implement a Third Amendment to the Lease Agreement with PSP to continue to support local arts and theater in the community;
NOW, THEREFORE, THE PACIFICA CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
1. The City Council hereby approves the Third Amendment to the Lease Agreement between the City of Pacifica and the Pacifica Spindrift Players, attached hereto.
2. The City Manager is hereby authorized to execute the Third Amendment to the Lease Agreement in the form attached hereto as Exhibit A.
• • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 9
th day of December, 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
Pacifica City Council 4
December 09, 2024
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney