HomeMy WebLinkAboutRES 920273 - Palace Theater Funding AgmtRESOLUTION No. 920273
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WHEREAS, the City of Georgetown, Texas ("City"), seeks to
promote tourism, convention activity, cultural activity, historic
preservation and historical activities within the City; and,
WHEREAS, the Georgetown Palace Theatre, Inc. , seeks to resto
and renovate the Palace Theatre building at 814 Austin Avenue a
provide programs and events which will further enhance the city,
tourism activities and become a major tourist attraction f�
visitors to Georgetown; and, 10
WHEREAS, the City desires to amend the previously approve
Funding Agreement with the Georgetown Palace Theatre, Inc., t
expand the uses of the loan monies to allow for the monies to b
used for reduction of the debt on the building, interest on thl
debt, or other operating expenses necessary to secure the purchas
of the building, and,
WHEREAS, the City Council has found that this action
implements Economic Development Policy 2:
"The City will continue to promote and facilitate the
development of the downtown as an economically viable
component of the retail and business community."
and Economic Development Policy 4:
"The City will develop and promote the tourism industry
in Georgetown."
and Historic Preservation and Urban Design Policy 1:
"The City will preserve, protect and promote its
prehistoric, historic, and cultural resources."
of the Century Plan - Policy Plan Element, and is not found to be
inconsistent or in conflict with any other Century Plan Policies,
as required by Section 2.03 of the Administrative Chapter of the
Policy Plan;
AOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CII
OF GEORGETOWN, TEXASp THAT:
M999MOR
The facts and recitations contained in the preamble of this
resolution are hereby found and declared to be true and correct,
and are incorporated by reference herein and expressly made a part
hereof, as if copied verbatim.
No. 920273
Palace Theater Funding Agreement
6,1M 0 a
The City approves the amendment to the Funding Agreement with
the Georgetown Palace Theatre, Inc., to expand the uses of the
remaining previously approved loan monies to allow them to be used
for reduction of the debt on the building, interest on the debt, or
other operating expenses necessary to secure the purchase of the
building.
Section 3
The Mayor is hereby authorized to execute, and the City
Secretary to attest.
Section 4
This resolution shall be effective immediately upon adoption.
THE CITY OF GEORGETOWN:
ATTEST:
-�'
Elizabeth Gr—ay, ity secretary
APPROVED AS TO FORM:
C'
Marianne Landers Banks, City Attorney
No. 920273
Palace Theater Funding Agreement
131 =-- -NMI .1
jx�g Dig u" Do C61". I j mug W; I any V
This is an Agreement amending the Funding Agreement executed on
July 23, 1991, between the City of Georgetown, a Texas Home Rule
municipal Corporation (hereinafter called "City"), and the
Georgetown Palace Theatre, Inc., a Texas Non -Profit Corporation,
(hereinafter called "Palace Theatre") , for the City to provide
funding for tourism and related services.
The City seeks to promote tourism, convention activity, cultural
activity, historic preservation and historical activity within the
City, through the receipt and disbursement of hotel/motel tax funds
and by providing funding assistance for the further restoration and
renovation of the Palace Theatre building at 814 Austin Avenue.
II. FUNDING
The City agrees to grant an amount not to exceed a total of five
thousand dollars ($5,000) and a loan amount not to exceed a total
of ten thousand dollars ($10,000), to be funded from hotel/motel
taxes. The Palace Theatre agrees to accept the loan amount and to
repay the total loan amount used within a three (3) year period
beginning from the effective date of this Agreement.
Funding from the City shall be from the receipts of the seven per
cent (7%) hotel/motel room occupancy tax in an amount not to exceed
the amounts specified above, but in no instance shall the total
paid exceed the documented expenditures made by the Palace Theatre
under the terms of this Agreement. Payment will be made as
documented invoices of costs for restoration-, a-nd renovation,_
reduction of the debt, interest on the debt, or other operating
expenses necessary to secure the purchase of the buildipg, are
received from the Palace Theatre and shown to be payable to the
Palace Theatre. This funding is subject to proof by the Palace
Theatre being submitted to the City by September 8, 1992 that the
Palace Theatre has applied for funding and grants from at least
three (3) organizations or foundations. No draws on the funds from
this contract shall be approved until proof is submitted to the
approval of the City Manager. Any unexpended funds are to be
returned to the City at the completion of the restoration and
renovation project.
Palace Theatre agrees to use the funds specified in this Agreement
in conformance with applicable state and local laws. Palace
Theatre agrees to follow the direction of the Georgetown Convention
& Visitors Bureau Board (hereinafter called "Board") and/or the
Convention & Visitors Bureau Director regarding the use of these
funds as set forth by the Strategic Plan and the Marketing Plan for
the Board. Palace Theatre agrees to permit an audit of these
expenditures by the City's designated auditor.
This Agreement shall not be altered, waived, amended, or extended,
without the prior written consent of both parties.
Palace Theatre may not assign this Agreement to another par
without the prior written consent of the City. All notic
regarding assignment shall • given as provided in Paragraph V. I
is further agreed that this Agreement shall be binding upon t
administrators, executors and assigns of both parties. I
Either party may terminate this Agreement upon thirty (30) days
written notice to the other party. Such notice shall be hand=
delivered or sent by Certified Mail, Return Receipt Requested, to
the following addresses:
City manager President
City of Georgetown Georgetown Palace Theatre, Inc.
P.O. Box 409 P.O. Box 1516
Georgetown, TX 78627 Georgetown, TX 78627
EXECUTED THIS DAY OF -Lne— , 1992.
CITY OF GEORGETOWN GEORGE OWN P GE THEATRE, INC.
jR
By: By:
Leo ood, Mayor / Gen 4 Taylor, P6&ident
ATTEST:
Elizabeth Gray, City/, ecretary
Marianne Landers Banks, City Attorney
CORPORATE ACKNOWLEDGEMENT
L
This instrument was acknowledged before me on this the10A--
— day of C_ , , 1992, by Gene Taylor, a person known to
me, in his c6acity as president of the Georgetown Palace Theatre,
Inc., a Texas non-profit corporation, on behalf of the said
organization.
Notary Public� in and fo the State of
Texas