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HomeMy WebLinkAbout2025-07-15; City Council; 05; Loan Agreement and Lease Amendment with New Village ArtsCA Review AZ Meeting Date: July 15, 2025 To: Mayor and City Council From: Geoff Patnoe, City Manager Staff Contact: Curtis M. Jackson, Real Estate Manager curtis.jackson@carlsbadca.gov, 442-339-2836 Subject: Loan Agreement and Lease Amendment with New Village Arts District: 1 Recommended Action Adopt a resolution approving a loan agreement in the amount of $500,000 and a first amendment to the lease agreement with New Village Arts, Inc. for the city-owned property at 2787 State Street, authorizing the City Manager to execute the loan agreement and first amendment to the lease agreement, and appropriating $500,000 from the General Fund Reserve. Executive Summary New Village Arts (NVA), a nonprofit cultural arts organization and long-time tenant of the city- owned building at 2787 State St., has requested a $500,000 loan from the City of Carlsbad to pay off an outstanding loan with Endeavor Bank. The city previously supported building renovations completed by NVA through a capped reimbursement funding program of up to $573,000 (Resolution No. 2021-182). NVA subsequently constructed and financed additional renovation costs with a $893,259 commercial loan with Endeavor Bank, which after NVA’s planned repayment of $393,259 toward the Endeavor Bank loan by July 31, 2025, will have a remaining loan balance of $500,000. Under the proposed terms of the loan agreement and the first amendment to the lease agreement: •The city would provide a $500,000 loan to NVA at 3% interest, with interest-only payments through Jan. 31, 2026. •The $500,000 loan will be disbursed directly to Endeavor Bank to completely pay down NVA’s remaining loan balance with Endeavor Bank. •Any unpaid principal balance on the city’s loan amount to NVA after Jan. 31, 2026, would convert into long-term lease payments over 5 or 12 years at 4%–5% interest, subject to the amount of outstanding debt remaining on the city’s loan to NVA. July 15, 2025 Item #5 Page 1 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B Additionally, the proposed first amendment to the lease agreement also revises the lease so that NVA will now have the sole responsibility for all maintenance costs for the property for the remaining balance of the lease term, with approximately 16 years remaining on the lease. Staff are recommending that the City Council approve the loan agreement and first amendment to the lease agreement, authorize the City Manager to execute the loan agreement and first amendment to the lease agreement, and appropriate $500,000 from the City’s General Fund Reserve. Explanation & Analysis Background NVA has been the tenant of the city-owned former Bauer Lumber Building at 2787 State St. since 2006. In 2021, the city entered into a new 10-year lease agreement, with two five-year options, and a separate construction and reimbursement agreement providing up to $573,000 in city funds for specific building renovations (Resolution No. 2021-182). NVA completed those renovations at a total cost exceeding $3 million, funded in part by a $893,259 commercial loan from Endeavor Bank. • In October 2024, NVA was awarded a matching grant of up to $625,000 from the Prebys Foundation, which was contingent upon NVA completing a capital fundraising campaign to raise an equivalent amount by Dec. 31, 2025. If that campaign was successful, the $1,250,000 raised from the capital fundraising campaign and grant match would be used to fully retire NVA’s building renovation debt, including NVA’s $839,259 loan from Endeavor Bank (Exhibit 2). • On Oct. 30, 2024, NVA formally requested a loan from the city to assist in retiring the remaining balance of its loan with Endeavor Bank (Exhibit 3). • On Jan. 28, 2025, the City Council considered NVA’s $893,259 loan request and adopted a resolution appointing the City Manager, or designee, as the city’s real estate negotiator to negotiate a loan agreement and modified lease terms with NVA representatives (Resolution No. 2025-028). NVA initially requested a city loan of $893,259 to be repaid by Dec. 31, 2025. After negotiations with city staff and NVA’s planned repayment of $393,259 toward the Endeavor Bank loan, NVA is now requesting a $500,000 loan from the city to be utilized to fully retire the remaining $500,000 balance on its Endeavor Bank loan. NVA’s Prebys Foundation matching grant established specific fundraising goals around the raising and receipt of donor funds over the 2025 calendar year. Those specific goals were as follows: Target date Donation goal Prebys match Total Dec. 31, 2024 $125,000 $125,000 $250,000 June 30, 2025 $250,000 $250,000 $500,000 Dec. 31, 2025 $250,000 $250,000 $500,000 TOTAL $625,000 $625,000 $1,250,000 NVA successfully met its $125,000 Dec. 31, 2024, and $250,000 June 30, 2024, goal, and has received a $375,000 match from the Prebys Foundation for a total of $750,000. All of the $750,000 raised and matched by the Prebys Foundation has been or will be used to pay July 15, 2025 Item #5 Page 2 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B individual vendors and to pay down the Endeavor Bank loan, which will have an outstanding balance of $500,000, after NVA’s planned repayment of $393,259 toward the Endeavor Bank loan. Proposed loan agreement The key terms of the proposed loan agreement are: • The city will provide a $500,000 loan to NVA at 3% annual interest, with interest-only payments of approximately $1,250 per month, from July 1, 2025, through Jan. 31, 2026. • The $500,000 in city loan funds are to be used solely to retire the Endeavor Bank loan. Payment of the $500,000 in city loan funds will be made directly from the city to Endeavor Bank. • Through its capital fundraising campaign NVA intends to raise an additional $250,000 by Dec. 31, 2025, to be matched with a $250,000 grant from the Prebys Foundation by Jan. 31, 2026, for a total of $500,000. The $500,000 in raised funds are to be used by NVA to repay the city’s $500,000 loan. • Any remaining unpaid principal balance on the city’s $500,000 loan to NVA as of Jan. 31, 2026, shall be converted into a lease payment obligation amortized over the applicable term according to the schedule below: Remaining principal balance Payment term Interest rate Estimated monthly rent Up to $250,0000 5 years 4% Up to $4,604.13 $250,001 - $500,000 12 years 5% Up to $4,624.45 • NVA may prepay all or part of the balance at any time without penalty. • NVA shall be required to submit monthly and financial reports to the city to ensure transparency around capital fundraising efforts and the financial condition of NVA. Additionally, the original lease agreement is being amended to, among other items, revise sections related to maintenance and operating costs to shift responsibility for all maintenance and repair costs to NVA, except for the fire alarm and sprinkler system as well as sidewalks and parkways, for the remaining balance of the lease term, with approximately 16 years remaining on the lease. Approval of the loan agreement and the first amendment to the lease agreement will support the long-term sustainability of an established cultural arts tenant while protecting the city’s financial and property interests through clear repayment terms, the transfer of all maintenance and repair obligations to NVA and robust reporting requirements. City staff recommend the City Council adopt the resolution approving a loan agreement in the amount of $500,000 and the first amendment to the lease agreement with New Village Arts for the City-owned property at 2787 State Street, authorizing the City Manager to execute the loan agreement and the first amendment to the lease agreement and appropriating $500,000 from the General Fund Reserve. July 15, 2025 Item #5 Page 3 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B Fiscal Analysis Under the terms of the loan agreement, the City will provide NVA with a $500,000 loan to retire the outstanding Endeavor Bank loan. Under the loan agreement, NVA will make monthly interest-only payments of $1,250 from July 1, 2025, through Jan. 31, 2026. Through its capital campaign, NVA intends to raise $250,000 by Dec. 31, 2025, to be matched by Jan. 31, 2026, with $250,000 from the Prebys Foundation grant, for a total of $500,000. The $500,000 in raised funds are to be used by NVA to repay the city’s $500,000 loan. Any remaining unpaid principal balance on the city’s $500,000 loan to NVA as of Jan. 31, 2026, will convert into a long-term lease payment obligation amortized over either five years at 4% interest or 12 years at 5% interest, depending on the outstanding loan balance. With the City Council adoption of the recommended resolution, the $500,000 city loan to NVA will be funded from the city’s General Fund Reserves. In addition, with the approval of the first amendment to the lease agreement, NVA will be fully responsible for all maintenance and operating costs for the property, except for the fire alarm and sprinkler system as well as sidewalks and parkways, which is anticipated to save the city approximately $5,000 to $10,000 annually in maintenance expenses. Next Steps Staff will proceed with carrying out the terms of the loan agreement and the first amendment to the lease agreement with NVA. Accordingly, staff will disburse $500,000 in funds directly to Endeavor Bank upon receiving receipt of NVA’s payment to Endeavor Bank in the amount of $393,259. Staff will monitor compliance with repayment and reporting requirements and return to the City Council as needed. Environmental Evaluation The proposed action is categorically exempt from environmental review under California Environmental Quality Act Guidelines Section 15301 because it involves the leasing, operation, maintenance and minor alteration of existing facilities with negligible or no expansion of the existing or former use. No exceptions to the categorical exemption as set forth in CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(C) apply. Exhibits 1. City Council resolution 2. Conrad Prebys grant letter, dated Oct. 7, 2024 3. New Village Arts loan request letter, dated Oct. 30, 2024 July 15, 2025 Item #5 Page 4 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B Exhibit 1 RESOLUTION NO. 2025-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LOAN AGREEMENT IN THE AMOUNT OF $500,000 AND A FIRST AMENDMENT TO THE LEASE AGREEMENT WITH NEW VILLAGE ARTS, INC. FOR THE CITY-OWNED PROPERTY AT 2787 STATE STREET, AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AGREEMENT AND FIRST AMENDMENT TO THE LEASE AGREEMENT, AND APPROPRIATING $500,000 FROM THE GENERAL FUND RESERVE WHEREAS, the City is the owner of that real property situated at 2787 State Street, Carlsbad, California, consisting of approximately 9,400 square feet of commercial building space, designated as Assessor Parcel Number 203-295-01 and 02 (“Premises”); and WHEREAS, since 2006, New Village Arts (NVA) has operated a performing arts theater at the Premises under successive lease agreements approved by the City Council; and WHEREAS, on July 27, 2021, the City Council approved a new ten-year lease agreement with NVA, with two five-year extension options authorized by Resolution No. 2021-182, as well as a construction and reimbursement agreement under which the city agreed to reimburse NVA up to $573,000 for certain tenant improvements, including $103,000 toward solar installation and $470,000 for exterior improvements; and WHEREAS, NVA subsequently completed extensive renovations to the Premises at a total cost exceeding $3 million, funded in part by a $893,259 commercial loan with Endeavor Bank; and WHEREAS, on Oct. 7, 2024, NVA was awarded a $625,000 matching grant from the Prebys Foundation, contingent upon successfully raising an equivalent amount by Dec. 31, 2025, with the combined funds intended to fully retire the building renovation debt; and WHEREAS, on Oct. 30, 2024, NVA formally requested city assistance in the form of a loan to retire its remaining building renovation debt; and WHEREAS, on Jan. 28, 2025, the City Council adopted Resolution No. 2025-028, appointing the City Manager, or designee, as real estate negotiator to negotiate a loan agreement and modified lease terms; and WHEREAS, NVA will tender payment in the amount of $393,259 to Endeavor Bank by July 31, 2025, which will reduce the remaining loan balance to $500,000; and July 15, 2025 Item #5 Page 5 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B WHEREAS, city staff have negotiated a Loan Agreement with NVA that includes the following key terms: •The City will provide a $500,00 loan to NVA at 3% annual interest, with interest-only payments of approximately $1,250 per month from July 1, 2025, through Jan. 31, 2026; •Upon receiving proof of NVA’s payment to Endeavor Bank in the amount of $393,259, which is due by July 31, 2025, the City will disburse the $500,000 loan proceeds directly to Endeavor Bank to retire NVA’s building renovation debt. •Through a capital fundraising campaign, NVA intends to raise $250,000 by Dec. 31, 2025, to be matched with the Prebys Foundation grant by Jan. 31, 2026. The $500,000 in raised and matched funds are to be used by NVA to repay the City’s $500,000 loan. •Any remaining unpaid principal balance on the city’s $500,000 loan to NVA as of Jan. 31, 2026, shall be converted into a monthly lease payment obligation amortized over the applicable term according to the schedule below: Remaining Principal Balance Payment Term Interest Rate Estimated Monthly Rent Up to $250,0000 5 Years 4% Up to $4,604.13 $250,001 - $500,000 12 Years 5% Up to $4,624.45 •NVA may prepay all or part of the balance at any time without penalty. •NVA shall be required to submit monthly financial reports during the 2025 calendar year to ensure transparency around NVA’s capital fundraising efforts and the financial condition of NVA. WHEREAS, the original lease agreement is being amended to, among other items, revise sections related to maintenance and repair costs, such that NVA will now have the sole responsibility for all maintenance and repair costs for the Premises, except for the fire alarm and sprinkler system as well as sidewalks and parkways, for the remaining balance of the lease term; and WHEREAS, city staff have determined that approval of the Loan Agreement and the First Amendment to the Lease Agreement will protect the city’s long-term interests in the Premises, ensure repayment of the loan principal and interest over time, and support the ongoing operation of a valued cultural arts tenant in the Carlsbad Village; and July 15, 2025 Item #5 Page 6 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B WHEREAS, city staff is recommending that the City Council appropriate $500,000 from the General Fund Reserve to fund the proposed loan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.The proposed action is categorically exempt from environmental review under CEQA Guidelines Section 15301 because it involves the leasing, operation, maintenance and minor alteration of existing facilities with negligible or no expansion of the existing or former use. No exceptions to the categorical exemption as set forth in CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(C) apply. 3.That the City Council has determined that New Village Arts provides a significant public benefit to the community by supporting arts and culture in the Carlsbad Village area, offering an alternative evening activity that encourages positive pedestrian traffic and public interaction, and enhancing the Village’s retail and dining environment with a cultural venue that otherwise would not exist in the area. Further, NVA’s use of the Property as a theater and arts center is consistent with the goals of the Carlsbad Village and Barrio Master Plan, which calls for uses that activate the Village through placemaking strategies supporting arts and culture, including visual, musical, and theatrical arts, and other public performances. 4.That the City Council hereby approves the Loan Agreement and the First Amendment to Lease Agreement with New Village Arts, attached hereto as Attachment A and B respectively, and authorizes the City Manager, or designee, to execute these agreements on behalf of the City of Carlsbad and to take all actions necessary to implement them, including minor or clerical modifications as approved by the City Attorney. 5.That the City Council hereby appropriates $500,000 from the General Fund Reserve to fund the City’s loan to New Village Arts under the terms of the approved Loan Agreement, to be used solely to retire the existing Endeavor Bank loan related to tenant improvements at the Premises. July 15, 2025 Item #5 Page 7 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B 6.That this Lease Amendment as well as the underlying Lease Agreement shall be recorded in the Office of the Recorder of the County of San Diego pursuant to California Government Code Section 37393. 7.That the City Manager, or designee, is authorized and directed to take all further actions as necessary to carry out the purposes of this Resolution, including but not limited to, ensuring NVA’s compliance with repayment, reporting, and maintenance and repair obligations under the Loan Agreement and the First Amendment to the Lease Agreement. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 15th day of July, 2025, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. ______________________________________ KEITH BLACKBURN, Mayor ______________________________________ SHERRY FREISINGER, City Clerk (SEAL) July 15, 2025 Item #5 Page 8 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B Attachment A July 15, 2025 Item #5 Page 9 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 10 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 11 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 12 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 13 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 14 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 15 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 16 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 17 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 18 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 19 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 20 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 21 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 22 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 23 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B Attachment B July 15, 2025 Item #5 Page 24 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 25 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 26 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 27 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 28 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 29 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 30 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B October 6, 2024 Kristianne Kumer New Village Arts Inc 2787 State Street Carlsbad, CA 92008 RE: Agreement for Grant #1907 Dear Kristianne, PREBYS FOUNDATION The Conrad Prebys Foundation is pleased to inform you that New Village Arts Inc has been awarded a grant in the amount of $750,000.00 for a term of 15 months. The grant will be distributed in installments as seen in the payment schedule table, contingent on the successful completion of project milestones as negotiated by Prebys and New Village Arts (as noted in Key Activities/Timeline). The funding is for the project listed below. Project Description Project Title: Building the Bridge at New Village Arts Project Summary With the support of the Prebys Foundation, New Village Arts (NVA) will embark on a capacity­building project to retire the debt incurred from the expansion of the Dea Hurston New Village Arts Center and increase sustained effectiveness of the board and funding partnerships. This $1.25 million debt resulted from unforeseen financial challenges during renovations. NV A will utilize the resources of Prebys to hire two consultants, one executive and one fundraising, who will not only help NV A with the immediate campaign but also build the skills of the organization to be able to fundraise at a higher level to match the unprecedented growth of the company. Key Activities/Timeline •October 6, 2024: Quiet Announcement of Grant at NV A's Private Donor Dinner•October 2024: $125,000 payment received from Prebys; Negotiate and confirm 2 consultants and begin work•November-December 2024: Meet with NVA stakeholders to secure first part of thematch•December 2024-January 2025: First portion of match ($125,000) submitted to Prebys•January 2025 -June 2025: Fundraising campaign and staff training continue; Second portion of match ($250,000) submitted to Prebys•June 2025 -December 2025: Fundraising campaign continues; NV A staff has receivedthe training necessary to continue the campaign on their own; Third portion of match($250,000) submitted to Prebys Exhibit 2 July 15, 2025 Item #5 Page 31 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 32 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B July 15, 2025 Item #5 Page 33 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B Mr. Scott Chadwick City Manager CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 October 30, 2024 RE: New Village Arts Theater Loan Request Mr. Chadwick: We appreciate your patience with us as we have been busy developing alternatives to the proposal we made this past May 2024. At that time we were requesting a $1.3M loan to pay back capital debts that were the result of inflationary cost overruns for the building renovations we constructed in 2021-22. The advice we received from your staff at the time was to pursue alternatives that might provide additional participants in the relief from the debt. We are pleased to inform you that we have been successful in that pursuit but we still need some assistance from the City. The Prebys Foundation Board recently approved a $1:$1 matching grant to NVA for a total of $625,000, meaning, if we are successful in our campaign to raise $625,000, then a total of $1.25M will be used to retire our building renovation debts. The Foundation also awarded an additional $125,000 in resources to help guide our capital campaign over the term of the matching grant through December 31, 2025. We have initiated that effort now with Prebys and have been successful in raising our first $50,000 towards the match. However, we are still respectfully requesting financial assistance from the City, the owner of the building. We have a capital improvement loan with Endeavor Bank that has a remaining principal balance of $893,259, which is past its original term and on which we are making monthly interest-only payments. Those payments are currently over $7,000 per month and New Village Arts needs to lower the interest rate/payments over the next 12 months to be successful with the challenge grant from the Prebys Foundation. Our request of the City is in the form of a $893,259 loan through December 31, 2025 with interest-only payments to allow us to retire the Endeavor Bank loan. Our intent is to raise $625,000 in donor capital, together with the Prebys Foundation $625,000 matching grant to payback the City Loan at the end of the term. We will also set priorities around the receipt of capital campaign donor funds to repay the City Loan over the next year. The projected tranches of the Prebys Foundation grant match and goals for donor capital raised are as follows: Raise/Grant Tranches By Date Donation Goal Prebys Match Total December 31, 2024 $125,000 $125,000 $250,000 June 30, 2025 $250,000 $250,000 $500,000 December 31, 2025 $250,000 $250,000 $500,000 TOTAL $625,000 $625,000 $1,250,000 Kristianne Kurner Founder and Executive Artistic Director BOARD OF DIRECTORS AJ Knox, PhD President Mary Kerr Treasurer Milena (Sellers) Phillips Secretary Merryl Goldberg Kristianne Kurner Katie Keller AJ Knox Christy Rosa, M.D Lou Storrow Daniel Watts DeMilo Young Scott White, Emeritus NVA Advisory Board Don Sciglimpaglia, Chair Mark Caruana Kathy Deering Haley DiDonato Shawnta Fleming Paul Hay Chris Ing Richard Kuranda Cassie Langan Monica Martin Gina McBride Julie Nygaard Justin Peek Shari Roberts Jay Sarno Becky Sciglimpaglia NVA is a 501(c)(3) Non-Profit Organization Tax ID #52-2320930 Exhibit 3 July 15, 2025 Item #5 Page 34 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B 2 Our loan repayment commitment to the City is as we raise capital and receive matching grants on the Tranche dates above, we will utilize 70% of the funds to repay the City Loan. To the extent there is any remaining principal balance in the City Loan at the end of 2025, then we propose that the remaining balance would be amortized over the remaining term of the lease with extensions (16 years) or converted to an equivalent lease amount over the remaining 16-year term. To be specific, the following is a summary of our request: Loan Amount: $893,259 Use of Proceeds: To pay off short term capital cost debt in the remaining balance of the Endeavor Bank Loan associated with the improvements to the NVA building owned by the City. Term: Through December 31, 2025 with interest only payments; Any remaining Principal Balance to be extended for 16 Years (Remaining Term of the Lease plus Extensions) Interest Rate: 3% per annum Monthly Payments: Interest only payments of $2,233 per month or less as the Principal Balance is reduced through the capital campaign with the Prebys Foundation matching grant. Any remaining Principal Balance at the end of the initial term is requested to be amortized over the remain Lease Term of 16 years or converted into an equivalent lease payment. We realize this is still a substantial request and that the proposed interest rate of 3% per annum is below conventional loan rates but we also believe the future of culture and entertainment in Carlsbad merits the extension of a loan. The New Village Arts Theater has long been an important social and cultural hub for the residents of the City of Carlsbad. In the past fiscal year, the NVA has hosted over 360 events, including our outstanding, award-winning theatrical content on the Ray Charles Stage and hundreds of community-facing events on our White Family Next Stage fronting State Street in Carlsbad Village. We have been able to expand our offerings this year to include Salsa Nights, Comedy Clubs, Silent Discos, Jazz Nights, Poetry Readings and Opera Nights. The NVA has been an economic engine for Carlsbad Village, driving more diners and shoppers onto State Street, and visitors have come from all corners of Southern California and from out-of-state to enjoy our programming. We’ve also attracted sponsors like the Ray Charles Foundation, the Prebys Foundation and hosted our annual gala on-site for the first time with record financial success. Our operating business plan is sustainable, and we are proud of what our small but mighty staff has accomplished this past year. We would appreciate a discussion of this request at your earliest convenience. We appreciate our partnership with the City in continuing to bring culture and economic activity to the Village. Sincerely, Kristianne Kurner Founder and Executive Artistic Director July 15, 2025 Item #5 Page 35 of 35 Docusign Envelope ID: 83709019-9EDA-4152-AE2C-655EDA2AF40B