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HomeMy WebLinkAbout2020-02-11; City Council; ; Consideration of the city's partnership with New Village Arts.CA Review ~ 9 CITY COUNC I L Staff Report Meeting Date: Feb. 11,2020 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Subject: Richard Schultz, Cultural Arts Manager Richard.Schultz@carlsbadca.gov or 760-602-2086 Consideration of the city's partnership with New Village Arts. Recommended Action Consider and discuss the city's partnership with New Village Arts and provide direction to staff as appropriate. Executive Summary At its meeting on April 9, 2019, the City Council approved a minute motion by Council Member Hamilton, secon ded by Mayor Pro Tern Bhat-Patel, directing staff to agendize an item to discuss the future of the city's partnership with New Village Arts in the fall. Motion carried unanimously, 4/0/1 (Hall -Absent). Insight and perspective on the City Council's expectations will better inform a potential work plan for developing a partnership strategy and the drafting of any policies and processes. To facilitate that discussion, this staff report provides additional context on the existing environment of partnerships between the city and community arts organizations. The report offers the following background and considerations: 1. A review of existing city policies and practices regarding partnerships with community organizations; 2. A survey of the current status of partnerships between the city and community arts partners; 3. A summary of the current city partnership with New Village Arts; 4. Considerations in developing a broader partnership strategy, including a possible workplan, process and timeline. Discussion 1. Existing Policies and Practices a. General Plan Background: The General Plan recognizes and advocates for strong partnerships to create significant benefits to the community. For example, policies 7-P.13, 7-P.17, 7- P.18, 7-P.19 and &-P.22 in the Arts, History, Culture, and Education Element of the General Plan encourage the city to foster and cultivate community partnerships to support learning, high-quality arts and cultural opportunities and experiences for residents and visitors. They speak to providing affordable spaces for local artists and Feb. 11, 2020 Item #6 Page 1 of 6 promoting relationships with arts providers, leading to a positive economic impact in collaboration with the creative sector. Comment: The General Plan extolls the value of partnerships, but as with other city guiding policy documents, it is only descriptive in nature, citing the potential benefits. It is not prescriptive in detailing how partnerships are to be created, the criteria for . partnership selection or the measurements to be utilized to assure effectiveness and determine success. b. Arts & Culture Master Plan C. Background: Approved by the City Council on June 26, 2018, the Arts & Culture Master Plan, a ten-year plan with 49 initiatives, is the result of a year and a half process that included community outreach utilizing diverse strategies to create an expansive dialogue of the role of the city, specific interests and future aspirations. The Plan recognizes the city's role has expanded from its traditional stance as a provider of arts programs to a community catalyst as a partner, connector and leader. The history of partnerships is defined by decades of commitment from community organizations and volunteers that fostered a deep sense of local identity by helping create iconic experiences like the Flower Fields, TGIF Concerts in the Parks and ArtSplash. Looking toward the future, the Plan advocates forcross-sector collaborations to bring new ideas and experiences to the city via partnership with local groups, to create capacity within the creative sector and connect across city departments and arnong city partners. Partnerships with both the nonprofit and private sectors are seen as a means to attract new funding to support more arts and cultural activities and establish new revenue streams. Comment: The Arts & Culture Master Plan also extolls the value and potential of a diverse range of partnerships to build capacity and encourage economic vitality, but does not offer specific next steps on how to establish these collaborations and goals, manage their development or evaluate outcomes. As future Plan initiatives roll out in the decade ahead, additional input and the need for partnerships will likely occur as part of the general conversation with the community and arts organizations with overlapping goals where a partnership would be beneficial. City Council Policy 79: Corporate Marketing Partnerships Utilizing City-Owned Assets Background: On Feb. 11, 2014, the City Council approved a policy statement (Resolution 2014-025) that recognized the city's strong commitment to providing services in a way that provides the best value to taxpayers. It purported that entering into mutually- beneficial partnership agreements with corporate entities would provide a new source of revenCJe to enhance city services, facilities, events and programs. It also advocated that a coordinated program to develop marketing partnerships would streamline the city's sponsorship solicitation efforts and provide new opportunities to partner with the business community. 2 Feb. 11, 2020 Item #6 Page 2 of 6 Comment: This policy provides a framework for sponsorships of designated city assets, including programs, projects, events, facilities and activities, and offers guidelines on acknowledgments and advertising. As detailed in the policy, department directors have the discretion to determine whether a specific city program or event will be included in the Corporate Marketing Partnership. The focus of this policy does not provide guidance or direction on broader partnerships that exist outside of the realm of marketing-related activities. 2. The Current Status of. Partnerships in the Arts a. Community Arts Grants Background : As part of an annual effort, the Cultural Arts Office, with approval from the Arts Commission, administers Community Arts Grants which support arts projects in schools and w ithin the community. In essence, the city is "partnering" with these grantees to deepen and expand the cultural offerings in Carlsbad. In 2020, with $88,000 in funding, a new component has been added that will allow for grantees' events and programs to be listed in city communications such as the city's Cultural Arts e- newsletter and website. Comment: New Village Arts along with other established Carlsbad nonprofit arts organizations such as the Carlsbad Music Festival, Carlsbad Community Theater and the Museum of Making Music have benefitted from Community Arts grants. The three latter organizations share a longevity in Carlsbad ranging from 16 to 36 years, but do not benefit from or receive the same level of financial support as New Village Arts; these three organizations have been awarded funding through the current Community Arts Grants cycle ranging from $500 to $7,500. Providing public information by distributing event and program details within city communication channels reflects a component of a potential partnership program. This type of cross-promotion is often viewed as a benefit in a larger partner strategy. Individual agreements are executed with each .Community Arts Grant recipient, establishing the obligations of the city and the receiving organization. b. Arts Nonprofit Support Organizations Background: Both the Carlsbad Library & Arts Foundation and the Carlsbad Friends of the Arts share a long history in raising funds that support city programs. Founded in 1998, the Carlsbad Library & Arts Foundation's mission is to financially support and help enhance Carlsbad's libraries and arts facilities, programs and events. Founded in 1987, the Carlsbad Friends of the Arts' mission is to promote and support the programs and activities of the City of Carlsbad's Cultural Arts Office. Both of these organizations raise funds to support programming such as TGIF Concerts in the Parks, exhibits and education in the William D. Cannon Gallery and Schulman Auditorium events such as concerts and author talks. In FY 2019-20 alone, the combined contributions of these two non-profit organizations for city use totals over $198,000. Each organization works closely with city staff to maximize their impact and the outcomes funded by their contributions. 3 Feb. 11, 2020 Item #6 Page 3 of 6 Comment: While the benefits of working together with each of these nonprofit organizations are significant and recognizable, no formal partnership agreement or memorandum of understanding currently exists. Although the city does provide space for their operations, their sole focus on fundraising ultimately directly benefits the residents and the greater community. c. Additional Community Partnerships Background: Prompted by the Arts & Culture Master Plan and established practices, the Cultural Arts staff has strengthened a number of long-standing partnerhips with the Carlsbad Unified School District, the Carlsbad Chamber of Commerce, North County Arts Network (NCAN) and Batiquitos Lagoon Foundation. These organizations are actively involved with evolving new programs and opportunities in support of the initiatives detailed in the Plan, offered both in city-owned facilities and other locations. In addition, the Library & Cultural Arts Department maintains partnerships with Mira Costa Community College, Cal State San Marcos and a number of other learning organizations to offer programs in library facilities which are guided by individual agreements for services. It has a long-established partnership with the Carlsbad Playreaders, originally launched by the Library. The Carlsbad Playreaders presents programs in the Schulman Auditorium and receives funds through the Carlsbad Library & Arts Foundation's Robert H. Gartner Cultural Endowment Fund. Comment: Each of these partnerships has unique factors and distinctive outcomes customized to the nature of the work and the specific situation. Ideally, these and similar relationships could benefit from formalized policy, as well as developing the necessary support documents and establishing parameters for initiation, execution and evaluation. Individual agreements have been executed for each program or series of programs. Formal partnerships via a Memorandum of Understanding (MOU) exist between the Library and two other nonprofit community organizations: the North San Diego County Genealogical Society and the Carlsbad Historical Society, which offer programs and exhibits in city facilities. 3. Current City Partnership with New Village Arts Background: New Village Arts, now in its 19th season, has offered its programs in a city- owned building at 2787 State St., commonly known as the Bauer Lumber Building, since 2006. On April 9, 2019, the City Council authorized execution of a new five-year lease agreement with New Village Arts at a rate of $500 per month with no annual rental rate increases. Within the context of a 5-year lease, the current annual lease rate is $6,000, for a total of $30,000 over the 5-year lease term. This lease relationship dates back to 2006 when the Housing and Redevelopment Commission first authorized a lease agreement for $1 per year. Between 2006 and 2019 New Village Arts paid the city $4,013 in total rent. Had the property been leased at fair market rental rates over the same period, total rent received would have been approximately $3,194,818. 4 Feb. 11, 2020 Item #6 Page 4 of 6 The city has also supported New Village Arts' development as an asset to both the cultural identity and economic vitality of The Village, through the awarding of Community Arts Grants to support programming and capacity building efforts. Since 2002, New Village Arts has received nearly $110,000 in community arts grants funding. New Village Arts also received $15,000 in special revenue funds including those distributed annually by the Carlsbad Library & Arts Foundation through its Robert H. Gartner Cultural Endowment Fund, along with the offset of rental fees and technical staff support, to host community based programs in the Schulman Auditorium. New Village Arts has also received surplus auditorium seating resulting from the Dove Library renovations, in conformance with the city's policy on the disposal of surplus property. Comment: The City Council approved a new five-year lease agreement with NVA in April of 2019. The 1993 tax-exempt bonds utilized to initially purchase the Bauer Lumber property will reach their maturity date and be paid off in 2023. Generally, properties purchased with tax-exempt bond proceeds must be used for a governmental purpose throughout the life of such bonds. The five year lease and the bonds utilized to purchase the property will expire in the same year. Once the bonds reach their maturity date and are paid off, the Bauer Lumber property could be utilized for any purpose. Going forward, the City Council may want to ensure that other organizations or users have an equal opportunity to be considered for space and other options that may become available, including the Bauer Lumber Building. As such, after the expiration of both the existing five-year lease agreement and the bonds, the city should issue a competitive request for proposals (RFP) to ensure that the building is optimally utilized, which may include the continued use of the building as a theater. In summary, since 2006 the city has provided NVA with financial support, directly and indirectly, in the amount of approximately$ 3,315,000. 4. Considerations in Developing a Broader Partnership Strategy Staff could research and compile components of a potential community partnership strategy by identifying a specific process to develop partnerships, draft policy and recommend procedures. Several questions may inform this effort: 1. What are the levels and the scope of support for partnerships as defined in the context of delivering value to the community? 2. If partnerships infer benefit(s) to both entities, how are those identified, and priorities determined? 3. What is the selection process and what are the rubrics necessary to determine effectiveness and success? 4. How is equity defined and then achieved? 5. In addition to the time and resources required to launch this effort, how will staff capacity to administer and implement a partnership program be impacted? 5 Feb. 11, 2020 Item #6 Page 5 of 6 Next Steps Upon receipt of City Council direction, staff will develop and then return to City Council for confirmation of the project scope, work plan and timeline, and resource strategy, as necessary. Staff estimates it can return to City Council within four to six months with findings and recommendations. Fiscal Analysis Exploration and definition of the scope for a community partnership program is necessary before staff can develop a cost estimate which may change upon public input and City Council direction. Funds for consultant assistance may be necessary for a comprehensive response to explore the depth and extent of a partnership strategy. In addition, project scope and timing may impact staffing resources and progress on other projects. Upon receipt of City Council direction and confirmation of the scope, staff will return to the City Council with cost estimates and a planning strategy and project schedule. Environmental Evaluation (CEQA) Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date. Exhibits None 6 Feb. 11, 2020 Item #6 Page 6 of 6 Feb. 11,2020 All Receive -AgendJ Item # Co For the lnformJtion of the: CITY COUNCIL Date~}~ CA_){_ CC~ CM _,k COO -2(DCM (3} .X Council Memorandum To: Honorable Mayor Hall and Members of the City Council From: Gary Barberio, Deputy City Manager Community Services Richard Schultz, Cultural Arts Manager~ j {cityof Carlsbad Via: Elaine Lu key, Chief Operations Officer :JJ - Re: Additional Materials Related to Staff Report Item No. 6-Consideration of City's Partnership with New Village Arts This memorandum provides a copy of the current fully executed lease agreement between the City of Carlsbad and New Village Arts. Attachment: New Village Arts Lease Agreement, dated April 12, 2019 cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Heather Pizzuto, Library & Cultural Arts Director Curtis Jackson, Real Estate Manager City Manager's Office 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2821 t LEASE AGREEMENT THIS LEASE AGREEMENT (this "Lease") is entered into as of ~~c,\ \'.l,;~ . 2019, by and between CITY OF CARLSBAD, a California municipal corporation ("Landlord") and NEW VILLAGE ARTS, a California tax exempt non-profit public benefit corporation organized under Section 501(c)(3) of the U.S. Internal Revenue Code ("Tenant") (collectively "Parties"), for the property located at 2787 State Street, California, 92008, and shall be effective and binding upon the parties hereto as of the date of execution hereof by both parties. RECITALS WHEREAS, Landlord is the owner of certain real property and improvements thereon, consisting of approximately 9,400 square feet of commercial building space, designated as Assessor Parcel Numbers 203-295-01 and 02, and more particularly described and/or depicted on Exhibit A attached hereto (the "Premises"); WHEREAS, the Parties entered into that certain Lease Agreement, dated July 1, 2013 ("Agreement"), for the Premises, which Lease was amended by First Amendment to Lease Agreement dated July 1, 2016 ("First Amendment"); and WHEREAS, this Lease will further the goals and objectives of the Arts Element of the City's General Plan, specifically objectives B.1 which promote permanent facilities for exhibition, performance, rehearsal, discussion, or teaching of visual and performing arts and cultural endeavors; and objective B.3 which encourages residents and visitors to practice, participate, attend and observe artistic and cultural activities; and WHEREAS, Tenant operates the Premises as a performing arts facility, including without limitation, theater and musical performances, rehearsal, discussions and teaching performing arts and as a visual arts incubator and exhibit/education center within 9,400 square feet; and WHEREAS, Tenant desires to continue operating a theater, art center, and visual arts education at the Premises; and WHEREAS, Tenant's continued operation of the Premises as a civic resource on behalf of the City of Carlsbad furthers the Tenant's mission and benefits Carlsbad and the community at large; and WHEREAS, Landlord is willing to lease the Premises to Tenant for the term and upon the covenants, conditions and provisions hereinafter set forth. - 1 - April 9, 2019 Item #3 Page 7 of 48 Attachment A AGREEMENT NOW THEREFORE, the Parties hereby incorporate the above Recitals as though fully set forth into this Agreement and in consideration of the covenants, conditions and provisions contained herein, the parties hereto do mutually agree as follows: ARTICLE 1 BASIC LEASE PROVISIONS 1.1 Trade Name. New Village Arts {"Trade Name"). 1.2 Premises. The Premises (defined above) are commonly known as 2787 State Street, Carlsbad, California, 92008, and consist of a freestanding 9,400 square foot commercial building. 1.3 Term and Rent Commencement. The term of this lease shall be approximately five (5) years, commencing upon the date when this Lease has been executed by both parties (the "Effective Date"), and expiring, unless sooner terminated in accordance with this Lease, upon the date that is five (5) years after the 'Term Commencement Date." Tenant shall commence paying rent under this Lease on the Effective Date; provided, however, that concurrently with the execution of this Lease, Tenant shall pay to Landlord the Rent for the first (Pt) full month beginning on the Effective Date. As used in this lease, "Lease Year'' means each twelve (12) month period (or portion thereof) during the Term commencing with the Term Commencement Date. Tenant shall also pay to Landlord Rent for any months, or parts thereof, during the period between the Effective Date and the Term Commencement Date. 1.4 Rent. Lease Year Months* Rent Per Month Annual Rent 1 1-12 $ 500.00 $ 6,000.00 2 13-24 $ 500.00 $ 6,000.00 3 25-36 $ 500.00 $ 6,000.00 4 37-48 $ 500.00 $ 6,000.00 5 49-60 $ 500.00 $ 6,000.00 *From the Term Commencement Date 1.5 Use of Premises. It is expressly agreed that the Premises shall be used by Tenant solely and exclusively for the purpose of a community theater for live theater and music productions, art gallery, readings, workshops, seminars, classes, lectures, galas or festivals, fundraisers, community meetings, film screenings, performing arts, concessions, and open to the general public and for such other related or incidental purposes as may be first approved in writing by City, and for no other purpose whatsoever. -2- April 9, 2019 Item #3 Page 8 of 48 Tenant covenants and agrees to use the Premises for the above specified purposes and related activities, and to diligently pursue said purposes throughout the term hereof. In the event that Tenant fails to continuously use the Premises for said purposes, or uses the Premises for purposes not expressly authorized herein, the Tenant shall be deemed in default under this Lease. ("Permitted Use"). April 9, 2019 1.6 Tenant Improvement Allowance. None. 1.7 Security Deposit. None. 1.8 Guarantor: None. 1.9 Broker(s}: None. 1.10 Tenant's Address for Notices: New Village Arts Attn: Kristianne Kurner 2787 State Street Carlsbad, CA 92008 1.11 Landlord's Address for Notices: City of Carlsbad Real Estate Manager 1200 Carlsbad Village Drive Carlsbad, CA 92008 With a copy to: City of Carlsbad City Attorney's Office 1200 Carlsbad Village Drive Carlsbad, CA 92008 1.12 Landlord's Address for Rent Payments: Finance Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 -3- Item #3 Page 9 of 48 This Article 1 is intended to supplement and/or summarize the provisions set forth in the balance of this Lease. If there is any conflict between any provisions contained in this Article 1 and the balance of this Lease, the balance of this Lease shall control. ARTICLE 2 PREMISES 2.1 Lease of Premises. Landlord leases to Tenant and Tenant leases from Landlord the Premises described in Article 1 for the Term (as defined in Article 3 below) and pursuant to all of the terms, covenants and conditions contained herein. Any statement of square footage set forth in this Lease, or that may have been used in calculating Base Rent, is an approximation which Landlord and Tenant agree is reasonable and the Base Rent based thereon is not subject to revision whether or not the actual square footage is more or less. 2.2 Condition of the Premises. Tenant acknowledges that except as otherwise expressly provided herein it shall accept the Premises in its "AS IS" condition, without representation, warranty or any improvements by landlord. landlord makes no representations or warranties with respect to this Lease, the Premises or any property therein or with respect to any matter related thereto, other than as expressly set forth in this Lease. Tenant hereby acknowledges that it has had an opportunity to investigate and inspect the condition of the Premises and the suitability of same for Tenant's purposes, and Tenant does hereby (a) waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the Premises or the suitability of same for Tenant's purposes and (b) acknowledge that the Premises are in good, clean and sanitary order and repair and by taking possession Tenant accepts the Premises as it exists. Tenant acknowledges that neither Landlord nor any agent nor any employee of Landlord has made any representations or warranty with respect to the Premises or with respect to the suitability of either for the conduct of Tenant's business and Tenant expressly warrants and represents that Tenant has relied solely on its own investigation and inspection of the Premises in its decision to enter into this Lease and let the Premises in an "AS IS" condition and is not relying on any statements, representations or warranties whatsoever made by or enforceable directly or indirectly against landlord relating to the condition, operations, dimensions, descriptions, soil condition, suitability, compliance or lack of compliance with any state, federal, county or local law, ordinance, order, permit or regulation, or any other attribute or matter of or relating to the Premises. No promise of Landlord to alter, remodel, repair or improve the Premises, and no representation, express or implied, respecting any matter relating to the Premises or this Lease (including, without limitation, the condition of the Premises) has been made to Tenant by Lan_dlord or any agent of Landlord other than as may be contained herein, unless more particularly described in section 10.3. 2.3 Delivery of Possession. Tenant currently has possession of the premises and is utilizing the premises consistent with section 1.5 supra. To continue in possession of the premises, Tenant shall not be entitled to continue possession of the Premises unless the Landlord has received from Tenant all of the following: {i) the Security Deposit, the first -4- April 9, 2019 Item #3 Page 10 of 48 monthly installment of Base Rent for the first (1st) full month after the Rent Commencement Date; and (ii) executed copies of policies of insurance or certificates or binders thereof as required under Article 9 below. Tenant shall pay_to Landlord, upon its execution of this Lease, the sums specified in clause (i) above and the items required in clause (ii) shall be provided within thirty (30) days of the execution of this Lease.0O))] 2.4 Easements. Landlord reserves to itself the right, from time to time, to grant such easements, rights and dedications affecting all or any part of the Premises as Landlord deems necessary or desirable, and to cause the recordation of parcel and subdivision maps and restrictions affecting all or any part of the Premises, so long as such easements, rights, dedications, maps and restrictions do not increase Tenant's obligations under this Lease, or unreasonably interfere with Tenant's use of the Premises. Tenant shall sign any of the aforementioned documents upon Landlord's request and Tenant's failure to do so or breach of this Section shall constitute a material default under this Lease, unless the Tenant presents evidence that any of the described acts interfere with Tenant's reasonable use of the Premises. Tenant shall cooperate with and not oppose or object to Landlord's construction, development, subdivision and parcellation of any property adjacent to the Premises, providing the afore described acts do not interfere with Tenant's reasonable use of the Premises. Existing Equipment. Landlord hereby grants Tenant the right to use any and all existing furniture and equipment ("Existing Equipment"), if any, used by the prior tenant, exempting in the definition of "prior tenant" the Tenant executing this Lease, of the Premises and located within the Premises on the Term Commencement Date that are owned by the Landlord. Tenant acknowledges that it shall accept the Existing Equipment in its "AS IS" condition, without representation or warranty by Landlord. Said right shall be coterminous with this Lease and upon such termination, the Existing Equipment shall be deemed to constitute part of the Premises and surrendered by Tenant to Landlord in good condition and repair, ordinary wear and tear and damage from casualty excepted. Landlord agrees and acknowledges that certain equipment and improvements, including without limitation, sound and lighting equipment, seats, costumes, props, office furniture, computers and printers, appliances, theatre rigging, scenic furniture and supplies, and tools and hardware (''Tenants Property'') currently located in or on the premises is exclusively owned by Tenant and will be removed when, and if, the Tenant vacates the premises. 2.1 Tenant's Intellectual Property. Tenant's intellectual property, including without limitation, the names, Logos and other customary intellectual property to "New Village Arts" and to ''The Foundry"; educational materials development by Tenant, plays, music, choreography, all other intellectual property related to the preforming arts are the sole and exclusive property of the Tenant and the subtenants of the Foundry's right, title and ownership of their respective visual and creative expression are the sole and exclusive property of each respective subtenant of the Foundry. -5- April 9, 2019 Item #3 Page 11 of 48 ARTICLE2 TERM 2.1 Term. The Term of this Lease ("Term") shall commence on the Term Commencement Date and shall expire, unless sooner terminated in accordance with this Lease, on the Expiration Date. After the Rent Commencement Date, upon Landlord's request, Tenant shall promptly execute a Memorandum of Term Commencement in the form attached hereto as Exhibit B, which shall specify the Term Commencement Date, Rent Commencement Date and the Expiration Date. If Tenant fails to execute a Memorandum of Term Commencement, such failure shall not affect Tenant's obligation to commence paying rent upon the occurrence of the Rent Commencement Date. 2.2 Extension Option(s}. None. 2.3 Surrender of Premises. On the Expiration Date or on the sooner termination hereof, within a reasonable time, Tenant shall remove all of Tenant's Property from the Premises and peaceably surrender the Premises in accordance with the terms of this Section and in good order, condition and repair, broom clean and free of debris, excepting only ordinary wear and tear, condemnation and any damage or destruction not caused by Tenant or any or any officer, employee, agent or invitee of Tenant. "Ordinary wear and tear" shall not include any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding any other provision hereof, Tenant shall not remove (unless requested to by Landlord, in which case Tenant shall remove) all or any part of Tenant's Work and the Tenant Improvements, or any fixtures or equipment which cannot be removed without material damage to the Premises except as to Tenant's Property disclosed in section 2.1 supra. Unless otherwise elected by Landlord, such items shall remain upon and be surrendered with the Premises as a part thereof, without charge, at the expiration or termination of this Lease and shall then become the property of Landlord. Tenant shall repair, to the reasonable satisfaction of Landlord, any damage to the Premises caused by any removal, or by the use of the Premises or by any failure of Tenant to comply with the terms of this Lease (including, without limitation, provisions relating to Hazardous Substances). Notwithstanding the foregoing, landlord acknowledges and agrees that Tenant shall only be obligated to return the property is the same or similar condition as when Tenant took possession of the Premises, exception normal wear and tear. Tenant shall promptly surrender all keys for the Premises to Landlord at the place then fixed for notices to Landlord and shall inform Landlord of the combinations on any locks and safes on the Premises. The provisions of this Section shall survive termination of this Lease. 2.4 Holding Over. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. The failure of Tenant to timely surrender the Premises in the condition required by Section 3.4 above shall constitute a holdover and shall not be considered a renewal of this Lease or an extension of the Term. In the event of any such holdover Base Rent shall immediately be increased to an amount equal to -6- April 9, 2019 Item #3 Page 12 of 48 150% of the Base Rent applicable during the month immediately preceding the expiration or termination. In addition to paying Landlord the increased Base Rent, Tenant shall defend, indemnify, protect and hold Landlord harmless from and against all claims, liability, damages, costs and expenses, including attorneys' fees and costs of defending the same, incurred by landlord and arising directly or indirectly from Tenant's holding over in the Premises without Landlord's express written consent, including (a) any rent payable by or any loss, cost or damages, including lost profits and loss of good will claimed by any prospective tenant of the Premises, and (b) Landlord's damages as a result of such prospective tenant's rescinding or refusing to enter into the prospective lease of the Premises as a direct or indirect result of Tenant's holding over. No action by Landlord other than landlord's express written consent shall be construed as consent by Landlord to any holding over by Tenant. 2.5 Waiver of Relocation Benefits: Tenant waives any and all relocation benefits defined in the California Relocation Assistance Law (Government Code, Section 7260, et. seq.) in connection with this Lease (including, without limitation, any termination as a result of Landlord's delivery of a Disapproval Notice). ARTICLE 4 RENT 4.1 General Provisions. Unless provided herein to the contrary, Tenant shall pay all rent to landlord at Landlord's Address for Rent Payments provided in Article 1 above. All rent shall be paid to Landlord in lawful money of the United States of America without demand therefor, and without deduction, offset or abatement of any kind, except as may be expressly provided for in this Lease. Rent for any partial month shall be prorated on the basis of a thirty (30) day month. Tenant assumes all risk of loss if payments are made by mail. 4.2 Payment of Rent. For each month or partial month of the Term commencing on the Rent Commencement Date (except as otherwise expressly provided herein), Tenant shall pay to Landlord the sum specified in Article 1 as Rent ("Rent") in advance as set forth herein. Tenant shall pay the first installment of Rent to Landlord concurrently with Tenant's execution of this Lease, and all subsequent installments of Rent shall be payable in advance on or before the first day of each calendar month. 4.3 Tenant Performance Standards (Program Reports). As additional consideration for the lease of the Premises, Tenant agrees to timely satisfy the Tenant Performance Standards as more particularly described in attached Exhibit "C" attached hereto and by this reference made a part of this Lease. Failure by Tenant to perform the Performance Standards as scheduled shall be deemed a default under this Lease. Tenant shall be required to provide Landlord with a written annual theater and operations report regarding all phases of Tenant's use and occupation of the Premises, which shall indicate whether Tenant is satisfying all conditions contained in the Tenant Performance Standards. Tenant shall submit said report to Landlord within forty-five (45) days after June 30th of each year -7- April 9, 2019 Item #3 Page 13 of 48 • ARTICLE 5 SECURITY DEPOSIT 5.1 Security Deposit. Landlord is currently holding a security deposit from Tenant ("Security Deposit"). Landlord shall hold the Security Deposit as security for Tenant's faithful performance of all the terms, covenants, and conditions of this Lease. Landlord shall not be required to keep the Security Deposit separate from Landlord's general funds. landlord shall have the right to commingle the Security Deposit with landlord's general funds and to retain any and all interest and earnings on the Security Deposit. Tenant shall not be entitled to any interest on the Security Deposit. Subject to landlord's right hereunder to apply the Security Deposit in accordance with this Section, the parties acknowledge that the Security Deposit does not cover any rent due hereunder, except as set forth in section 5.2 below. In the event of a sale of the Premises or assignment of this Lease by Landlord to any person other than a mortgagee, Landlord shall have the right to transfer the Security Deposit to its vendee or · assignee, subject to Tenant's aforesaid rights upon termination, and if Landlord transfers the Security Deposit to the vendee or assignee for the benefit of Tenant, or if such vendee or assignee assumes all liability with respect to such Security Deposit, landlord shall be considered released by Tenant from all liability for the return of such Security Deposit, and Tenant agrees to look solely to the new landlord for the return of the Security Deposit, and it is agreed that this Section 6.1 shall apply to every transfer or assignment to a new Landlord. The new Landlord shall in writing acknowledge receipt of the Security Deposit and covenant and agree to be bound by this Lease including without limitation the return of the Security Deposits 5.2 Use of Security Deposit. If Tenant breaches or fails to perform any of Tenant's obligations under this Lease, Landlord shall have the right, but not the obligation, to use or retain all or any part of the Security Deposit to cure the breach or failure of performance, and to compensate Landlord for any damages sustained by Landlord, including but not limited to payment of: (i) delinquent rent; (ii) interest on delinquent rent; (iii) late charges on delinquent rent; (iv) the cost of performing any of Tenant's obligations under this Lease; (v) the cost of repairing damages to the Premises; (vi) the cost of cleaning, maintaining, repairing, or restoring ; (vii) attorneys' and accountants' fees and disbursements and court costs, assuming Landlord is the prevailing party in any legal action to enforce this Lease; and (ix) interest on any and all of the above at the maximum lawful rate ("Remedy Rate") from the date due until paid; provided, however, that retention of all or any part of the Security Deposit shall not affect Tenant's obligations under this Lease or Landlord's other rights and remedies provided at law, in equity, or under this Lease; and provided, further, that in the event that Landlord elects to apply the Security Deposit or any portion thereof as herein provided, such application and the amounts applied to particular items of cure and/or compensation shall be determined by Landlord in landlord's reasonable discretion. If any portion of the Security Deposit is used as provided for in this Section, then within thirty (30} days after written demand by Landlord, Tenant shall deposit with Landlord sufficient cash to restore the Security Deposit to its original amount. Tenant's failure to make this deposit shall -be a default under this Lease. Notwithstanding the foregoing, prior to Landlord electing to apply the Security Deposit or any portion thereof, Landlord must provide a written statement specifically identifying the breach -8- April 9, 2019 Item #3 Page 14 of 48 of this Lease, the remedy Landlord believes will correct the breach and the anticipated cost thirty (30) days prior to expending the Security Deposit, or any portion thereof ("Correction Demand"). If Tenant does not agree with the Correction Demand, Tenant must provide a written dispute statement ("Dispute Statement"). The Parties shall negotiate a resolution of the Dispute in good faith for thirty (30) days. If a mutually agreement is not reached within the thirty (30} day negotiation period, then either or both Parties have available to them all remedies available under this lease and the law. 5.3 Refund; Waiver of Statutes. If Tenant shall have fully and faithfully performed all of Tenant's obligations under this Lease (or upon the earlier termination without Tenant's fault), has cleaned and repaired any damage caused by Tenant, and has received invoices for such repair or cleaning costs, if any, and after Landlord has inspected the Premises, then Landlord shall return the Security Deposit or any balance thereof to Tenant. Notwithstanding anything to the contrary contained herein, the Security Deposit may be retained and applied by Landlord (a) to offset rent which is unpaid either before or after the termination of this lease, and (b) subject to the provisions of Section 8.7 of this Lease, against other damages suffered by Landlord before or after the termination of this Lease, whether foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. ARTICLE 6 TAXES 6.1 Real Estate Taxes. Tenant shall pay directly prior to delinquency any and all real estate taxes, assessments (whether general, special, ordinary or extraordinary), possessory interest taxes, improvement bonds, license fees, commercial rental taxes, sewer and water rents and other levies, fees and charges of every kind imposed by any authority having the direct or indirect power to so tax, levy or assess ,to the extent relating to the Premises, to Landlord's gross receipts or revenues from the Premises, or to the business or other activities of Tenant upon or in connection with the Premises (individually and collectively, "Real Estate Taxes"). In particular, Tenant acknowledges that this lease may result in a taxable possessory interest. Tenant shall be solely responsible for the payment of Real Estate Taxes associated with its occupancy of the Premises, if any apply. Tenant shall also pay any fees imposed by law for licenses or permits for any business or activities of Tenant upon the Premises or under this Lease. 6.2 Personal Property Taxes. Tenant shall pay directly prior to delinquency any and all taxes and assessments levied or assessed during the Term upon or against (i) Tenant's Property (as hereinafter defined), furniture, equipment, and any other personal property installed or located in the Premises and (ii) all above-standard alterations, additions, betterments, or improvements of whatever kind or nature made by Tenant to the Premises that are separately assessed. -9- April 9, 2019 Item #3 Page 15 of 48 ARTICLE7 UTILITIES 7.1 Payment of Utilities. Tenant shall pay, before delinquency, for all utilities and services serving the Premises, including (without limitation) trash collection, water, gas and electricity, and any and all utility hook-up fees, connection fees, including sewer connection fees, and service and other charges for the availability of any such utilities and services, supplied to or consumed in or upon the Premises from and after the Term Commencement Date and continuously thereafter throughout the Term, directly to the supplier of such utilities and services. Upon Landlord's request, Tenant shall deliver to Landlord copies of all bills for utilities supplied to the Premises for the past twelve (12) month period within Sixty (60) days after Landlord's request. 7.2 Interruption of Utilities. Landlord shall have the right (but not the obligation), with reasonable prior notice to Tenant, or without notice in the case of an emergency, to shut off water, gas, electricity and any all other utilities and services whenever such discontinuance is necessary to make repairs or alterations or to protect the Premises. In no event shall Landlord be liable for the quality, quantity, failure or interruption of any such utilities or services to the Premises, unless due to the negligence of Landlord or caused by Landlord's construction in, on or around adjacent properties. In addition, any such failure, interruption or impairment shall not be construed as an eviction of Tenant or a disturbance of Tenant's possession, and Tenant shall not be entitled to any abatement of rent, unless due to the negligence of Landlord or caused by Landlord's construction in, on or around adjacent properties. ARTICLES INSURANCE 8.1 General. Tenant shall, at its expense, maintain in effect from and after the Term Commencement Date and continuously thereafter until the termination or expiration of this Lease, the policies of insurance required under this Article. All policies that Tenant is required to obtain under this Article shall be issued by companies licensed to do business in California with a general policyholder's rating of not less than "A-" and a financing rating of not less than Class "VIII", as rated by the most current available "Best's" Insurance Reports and shall be in a form (without any additions or deletions unless approved in writing by Landlord) and underwritten by companies acceptable to Landlord. On or before the Term Commencement Date, Tenant shall furnish Landlord with certificates and endorsements in a form acceptable to Landlord evidencing that (i) the policies (or a binder thereof) required pursuant to this Article are in effect and (ii) Landlord shall be notified in writing thirty (30) days prior to cancellation, material change, or nonrenewal of such insurance (or if Tenant's insurance carrier will not agree to provide notice of cancellation, material change, or nonrenewal to any additional insured or other entity, then Tenant shall deliver such notice to Landlord thirty (30) days prior to any cancellation, material change, or nonrenewal initiated by Tenant, or twenty (20) days after receipt of notification such cancellation, material change or -10- April 9, 2019 Item #3 Page 16 of 48 non renewal not initiated by Tenant). The policies that Tenant is required to obtain pursuant to this Article shall name Landlord, and any other parties requested by Landlord in accordance with commercially reasonable practices, as additional insureds, or as loss payee (as applicable) for property in which Landlord has an insurable interest and shall be primary policies, and shall not be contributing with and shall be in excess of coverage which Landlord may have and shall be unaffected by any insurance or self-insurance Landlord may have regardless of whether any other insurance names Landlord as an insured or whether such insurance stands primary or secondary. If Tenant carries any of the insurance required hereunder in the form of a blanket policy, any certificate required hereunder shall make specific reference to the Premises. The procuring of policies of insurance shall not be construed to limit Tenant's liability hereunder in any way, nor to fulfill the indemnification provisions and requirements of this Lease. Tenant agrees not to use the Premises in any manner, other than the Permitted Use generally, that will result in the cancellation of any insurance Landlord may have on the Premises, or on adjacent premises, or that will cause cancellation of any other insurance coverage for the Premises, or adjoining premises. Tenant further agrees not to keep on the Premises or permit to be kept, used, or sold thereon, anything prohibited by any fire or other insurance policy covering the Premises. Tenant shall, at its sole cost and expense, comply with any and all requirements, in regard to Premises, of any insurance organization necessary for maintaining fire and other insurance coverage at reasonable cost. 8.2 Commercial General Liability Insurance. Tenant shall obtain and keep in force a policy or policies of commercial general liability insurance covering the Premises and the business operations thereon, including contractual liability, personal injury and property liability coverage in amounts not less than a combined single limit of $1,000,000 per occurrence for bodily injury, personal injury, and death and property damage liability. If the submitted policies contain aggregate limits, general aggregate limits will apply separately under this Lease or the general aggregate will be twice the required per occurrence limits. Liability coverage for the required limits may be obtained with a combination of commercial general liability insurance and an umbrella policy. Such policy or policies shall include liquor liability coverage in the same limits and under the same conditions as Tenant's general liability insurance, if the sale of alcoholic beverages is permitted in the Premises. 8.3 Property and Extended Coverage Insurance. Tenant shall obtain and keep in force a Causes of Loss -Special Form property insurance policy (formerly known as "all risks"), including vandalism, malicious mischief, earthquake and sprinkler leakage coverage, covering one hundred percent (100%) of the replacement cost of the Premises, all Tenant's Property and any and all Tenant Improvements made in or upon the Premises, with an inflation rider or endorsement attached thereto and twelve (12) months' business income (business interruption) insurance rider or endorsement attached thereto. Tenant shall keep in force a policy of plate glass insurance covering all plate glass in the Premises in an amount equal to the full replacement cost thereof. The deductibles on such policies shall not exceed $10,000.00 per occurrence. The proceeds from any such insurance shall be used by Tenant for the replacement of the Premises, personal property and trade fixtures as well as alterations and utility installations. -11 - April 9, 2019 Item #3 Page 17 of 48 8.4 Business Interruption. Tenant shall obtain and keep in force loss of income and extra expense insurance in amounts as will reimburse Tenant for at least twelve (12) months' direct and indirect loss of earnings attributable to all perils commonly insured against by prudent tenants in the business of Tenant or attributable to prevention of access to the Premises as a result of such perils. 8.5 Workers' Compensation Insurance. Tenant shall obtain and keep in force workers' compensation and employer's liability insurance covering all employees of Tenant engaged on or with respect to the Premises, affording applicable statutory limits for workers' compensation coverage and at least $1,000,000.00 in limits for employer's liability coverage. 8.6 Waiver of Subrogation. Notwithstanding anything to the contrary contained herein, Landlord and Tenant hereby waive any rights each may have against the other on account of any loss or damage occasioned to Landlord or Tenant, their respective property, the Premises or its contents, arising from any risk to the extent covered by the insurance required hereunder. The foregoing waiver shall also apply to any deductible, as if the same were a part of the insurance recovery. The parties each, on behalf of their respective insurance companies insuring the property of either Landlord or Tenant against any such loss, waive any right of subrogation that it may have against Landlord or Tenant, as the case may be. Each party shall obtain any special endorsements, if required by its insurer, whereby the insurer waives its rights of subrogation against the other party. The foregoing waivers of subrogation shall be operative only so long as available without invalidating either Landlord's or Tenant's policy of insurance. 8. 7 Coverage Changes. Notwithstanding any of the foregoing, Landlord shall retain the right at any time to review the coverage, form, and amount of the insurance required under this Lease. If, in the reasonable, and within the commercially standard, opinion of Landlord, the insurance provisions in this Lease do not provide adequate protection for Landlord and/or for members of the public using the Premises, Landlord may require Tenant to obtain insurance sufficient in coverage, form and amount to provide adequate protection. Landlord's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of risk which exists at the time a change in insurance is requested. Thirty (30) days prior to the effective date of any requested changes to insurance coverage, Landlord shall notify Tenant in writing of the requested changes in the insurance requirements, with the factual and legal findings upon which such changes are requested. After receipt of Landlord's request for insurance coverage changes, the Tenant shall have thirty (30) days to object to such additional coverage or agree to obtain said coverage. If Tenant objects to said coverage, then the Landlord and the Tenant agree to meet and negotiate in good faith to resolve the differences. Within thirty (30) days after a written agreement between the Parties regarding the insurance coverages to be obtained, Tenant shall deposit certificates/endorsements evidencing acceptable insurance policies with Landlord. -12- April 9, 2019 Item #3 Page 18 of 48 ARTICLE9 USE OF PREMISES 9.1 Permitted Use and Continuous Operation. Tenant shall actively and continuously use, operate and occupy the Premises solely for the Permitted Use, and shall be open to the public during Tenant's Business Hours. No other use shall be permitted without the prior express written consent of Landlord. Tenant shall identify itself to the public in connection with such business under the Trade Name specified in Article 1 above and under no other name without Landlord's prior express written consent, which shall not be unreasonably withheld. Notwithstanding anything to the contrary contained in this Lease, with prior written notice to Landlord (except in emergency situations, when notice shall be given as soon as reasonably possible), the Premises may be closed to the extent reasonably necessary due to Force Majeure or required maintenance. 9.2 Conduct of Business. Tenant shall conduct its business at all times in a professional and businesslike manner consistent with reputable business standards and practices applicable to a California public nonprofit corporation operating as a 501C3 exempt organization. If there is a conflict between any provision of this Lease or Landlord's ordinances, as amended from time to time, and Local, State or Federal Statutes and Regulations ("Statutes") as they pertain to the operation of a Public Non-Profit 501(c)3 orgnaization, as amended from time to time, related to the operation of such entity, then the Statutes shall control. 9.3 Compliance with Laws; Nuisance. Tenant shall, at its sole expense and at all times, comply fully with (i) all federal, state and municipal laws except as otherwise provided in section 9.2 supra, including without limitation all zoning and land use laws and ordinances, conditional use permit rules and orders and the Liquor Licenses, now in force or which may hereafter apply to the Premises or which impose any duty on Landlord or Tenant relating to the use or occupancy of the Premises (including but not limited to the obligation (a) to alter, maintain, repair or restore any portion of the Premises to the extent required as a result of Tenant's use of the Premises, or (b) to alter, maintain, repair or restore the portion of the Premises which Tenant is responsible to maintain, repair or restore pursuant to this Lease}; (ii) any declaration of covenants, conditions and restrictions and easements encumbering the Premises; (iii) any commercially reasonably rules and regulations prescribed by Landlord for the Premises (''Tenant Performance Standards"); and (iv) any and all requirements and recommendations of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance covering the Premises. Tenant shall not store, use or sell any article in or about the Premises, nor permit any act, which would cause the premiums for insurance to significantly increase or cause a cancellation of any policy upon the Premises or any loss of coverage under any such policy. Tenant shall not occupy, suffer or permit the Premises or any part thereof to be used for any illegal, immoral or dangerous purpose, or in any other way contrary to the law or the rules or regulations of any public authority. Tenant shall not commit, or suffer to be committed, any waste upon the Premises, -13- April 9, 2019 Item #3 Page 19 of 48 or any public or private nuisance, or any other act or thing which may disturb the quiet enjoyment of neighbors of the Premises. Tenant shall not conduct or permit to be conducted any sale by auction in, upon or on the Premises, unless related to Tenant's Permitted Use. 9.4 Environmental Compliance. Tenant represents, warrants and covenants to Landlord that: (a) Tenant and its agents, employees, contractors, affiliates, sublessees and invitees (collectively, "Tenant Parties") shall at no time use, or permit the Premises to be used, in violation of any federal, state or local law, ordinance or regulation relating to the environmental conditions on, under or about the Premises, including, but not limited to, air quality, soil and surface and subsurface water conditions; and (b) the Tenant Parties shall not cause or permit any Hazardous Substance to be used, stored, spilled or released in, on, under or about the Premises (except for supplies typically used in the ordinary course of the Permitted Use in commercially reasonable amounts and in strict compliance with law) and shall promptly, at Tenant's sole expense, take all investigatory and/or remedial action reasonably recommended by Tenant's investigation, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises and neighboring properties, that was caused or materially contributed to by any Tenant Party, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease, by or for any Tenant Party. Tenant has no obligation to investigate unless Tenant has knowledge that an environmental compliance requirement has been violated by Tenant Parties. Tenant shall assume sole and full responsibility and cost to remedy any such violations by any Tenant Parties and shall protect, indemnify, defend and hold harmless Landlord from all actions (including, without limitation, remedial or enforcement actions of any kind, and administrative or judicial proceedings and orders or judgments), costs, claims, damages (including, without limitation, punitive damages), expenses (including, without limitation, attorneys', consultants' and experts' fees, court costs) amounts paid in settlement, fines, forfeitures or other civil, administrative or criminal penalties, injunctive or other relief, liabilities or losses in any way arising or resulting from a breach of this paragraph. Upon expiration or earlier termination of this Lease, Tenant shall cause any Hazardous Substance arising out of or related to the use or occupancy of the Premises by any Tenant Party to be removed from the Premises and the Parcel and properly transported for use, storage or disposal in accordance with all applicable laws, regulations and ordinances. Tenant has no obligation hereunder for any breach of the environmental compliance created or caused by the Landlord, prior owners or prior tenants, and/or by the agents, employees, contractors, affiliates, sublessees and invitees of said owners, occupants, or users of the Premises. Landlord shall be solely responsible for the breach of the environmental compliance requirements which occurred prior to the term of the Lease. The term "Hazardous Substance" as used in this Lease shall mean any product, substance, or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, the environment or the Premises, (ii) regulated or monitored by any government authority, or (iii) a basis for potential liability of Landlord to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include, but not be limited to, asbestos, asbestos containing material, the group of organic compounds known as -14- April 9, 2019 Item #3 Page 20 of 48 polychlorinated biphenyls, as well as substances defined as "hazardous substances" or "toxic substances" under State, local or federal laws or regulations, as they be enacted or promulgated from time to time. 9.5 Landlord's Right of Entry. Landlord, at reasonable times, may go into the Premises without any liability for the purposes of: (i) inspecting the Premises; (ii) inspecting the performance by Tenant of the terms and conditions hereof; (iii) showing the Premises to prospective tenants, purchasers, partners, or mortgagees; and (iv) posting notices for the protection of Landlord on the Premises. Except in the case of an emergency, Landlord shall give Tenant reasonable written notice of at least 72 hours of any and all intended entries or inspections pursuant to this Section. 9.6 Prohibition Against Discrimination. Tenant shall not discriminate against or segregate any person or class of persons by reason of sex, color, race, religion or national origin. If the use provided for in this Lease allows Tenant to offer accommodations or services to the public, such accommodations or services shall be offered by Tenant to the public on fair and reasonable terms. ARTICLE 10 MAINTENANCE AND REPAIR OF PREMISES 10.1 Tenant's Inspection. Tenant accepts the Premises in its "AS IS" condition as further provided in Section 2.2 above, except as to the conditions previously disclosed by Tenant to landlord and Tenant expressly waives all implied warranties including implied warranties of merchantability and fitness, if any. Tenant hereby waives all rights under Sections 1941 and 1942 of the California Civil Code, as amended or recodified from time to time, or any similar provision, permitting Tenant to make repairs at the expense of Landlord. Tenant represents and warrants that it is familiar with the condition ofthe Premises, except for any hidden and not visible conditions, including conditions set forth in Article 9. Tenant understands and acknowledges that the Premises may be subject to earthquake, fire, floods, erosion, high water table, dangerous underground soil and water conditions and similar occurrences that may alter its condition or affect its suitability for any proposed use. landlord shall have no responsibility or liability with respect to any such occurrence. 10.2 Tenant's Obligations. Except for Landlord's obligations as set forth in Section 11.3 below, from and after the Term Commencement Date and continuously thereafter until the expiration or termination of this Lease, Tenant, at Tenant's sole expense, shall maintain the Premises for the Permitted Use in a neat, clean and sanitary condition and repair, and make any necessary repairs and replacements to any portion of the Premises, including full responsibility for: (a) maintenance, repair and replacement of the interior and exterior of the building (except as provided in Section 10.3; however including, without limitation, (i) any structural portions of the Premises to the extent affected by Tenant's Tenant Improvements, and (ii) any painting, plumbing, fixtures, windows and glass, custodial, flooring and appliances throughout the Term to maintain and preserve the Premises for the intended Use in a good, -15- April 9, 2019 Item #3 Page 21 of 48 safe, healthy and sanitary condition satisfactory to Landlord and in compliance with all applicable laws; and (b) keeping the Premises free and clear of trash, garbage and other fire hazards. The maintenance, repair and replacement obligations set forth in this paragraph are a material part of the consideration for this Lease. 10.3 Landlord's Obligations. From and after the Term Commencement Date and continuously thereafter until the expiration or termination of this Lease, Landlord, at Landlord's sole expense, shall keep in good order, condition and repair the foundations, exterior walls, roof mounted HVAC System, and roof of the Premises, except for (a) any damage thereto caused by any negligent act or omission of Tenant or its agents, contractors, subcontractors, employees or invitees, (b) any such portions of the Premises to the extent affected by any Tenant Improvements, and (c) any damage or destruction covered by insurance required to be maintained by Tenant. All repairs to be performed by Landlord shall be commenced and completed as soon as reasonably necessary after written notice from Tenant to Landlord. In cases of emergency, Tenant shall endeavor to give as much notice to Landlord as is reasonable under the circumstances. 10.4 Landlord's Cure. Landlord shall have the right but not the duty, to enter, view, inspect, determine the condition of and protect its interests in, the Premises. If at any time Landlord determines that the Premises are not in the condition required by this Lease and the condition is the responsibility of the Tenant hereunder, then Tenant shall perform the necessary maintenance, repair and/or replacement work within ten (10) days or a commercially reasonable time related to the specific condition after written notice from Landlord. If Tenant fails to timely perform the necessary maintenance, repair and/or replacement work after written notice from Landlord, then Landlord may, but is not obligated to, perform such obligations without liability to Tenant for any loss to Tenant's business that might arise by reason thereof. Tenant shall reimburse Landlord on demand in an amount equal to the cost incurred by Landlord in the performance of such obligations plus an administrative fee equal to ten percent (10%) of the cost incurred by Landlord. Landlord's rights reserved in this section shall not create any obligations or increase any obligations for Landlord elsewhere in this Lease. 10.5 Tenant's Cure. If at any time Tenant determines that the Premises are not in the condition required by this Lease and the condition is the responsibility of the Landlord hereunder, then the Landlord shall perform the necessary maintenance, repair and/or replacement work with ten (10) days or a commercially reasonable time related to the specific condition after written notice from the Tenant. If the Landlord fails to timely perform the necessary maintenance, repair and/or replacement work after written notice from Tenant, then Tenant may, but is not obligated to perform such obligations and compensate Tenant for any loss of business that might arise by reason thereof. Landlord shall reimburse Tenant on demand in an amount equal to the cost incurred by Tenant in the performance of such obligations. -16- April 9, 2019 Item #3 Page 22 of 48 ARTICLE 11 ALTERATIONS AND ADDITIONS 11.1 Tenant Improvements. Tenant shall not commence or make (i) any alterations, emergency repairs or replacements, improvements, additions or utility installations, including without limit, carpeting, floor or window coverings, locks, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning and plumbing in, on, or about the Premises or {ii) any change or alteration to the exterior of the Premises (collectively "Tenant Improvements") without Landlord's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, except improvements related to the Use of the Premises, including without limitation, theater productions, visual arts space or shows, and related requirements for a performing, visual arts and education use. If Tenant makes any Tenant Improvements without the prior written approval of Landlord except as set forth in this subsection, Landlord shall have the right to require that Tenant remove any or all of such Tenant Improvements, and repair and restore any damage to the Premises caused by such removal at Tenant's sole expense, and shall also have the right to declare Tenant in default and to terminate this lease. Any and all Tenant Improvements shall at all times comply fully with all applicable federal, state and municipal laws, ordinances, regulations, codes and other governmental requirements now or hereafter in force and Tenant shall, at Tenant's sole cost and expense, take all actions now or hereafter necessary to ensure such compliance. Tenant shall provide Landlord with a written request for approval of any Tenant Improvements that Tenant would like to make with propo~ed detailed plans, if applicable in light of proposed work. Landlord shall have the right to condition Landlord's prior written consent upon Tenant's: (i) obtaining a building permit (if necessary) and complying with all building and planning laws and regulations for the Tenant Improvements from appropriate governmental agencies; (ii) furnishing a copy of such building permit and evidence of such compliance to Landlord prior to the commencement of such work; (iii) complying with all the conditions of such building permit and such building and planning laws and regulations; (iv) providing Landlord with plans and specifications for any Tenant Improvements (if reasonable in light of the nature of the proposed work) for Landlord's prior written approval; (v) providing Landlord with a copy of the construction contract, construction schedule, trade payment breakdown and list of subcontractors and suppliers for Landlord's prior written approval, except Landlord acknowledges, understands and agrees that such work may be performed by volunteers of the nonprofit so long as Tenant complies with the Prevailing Wage Laws in Section 11.5; (vi) obtaining a builder's "all risk" insurance policy, if applicable, in an amount and issued by insurance company acceptable to Landlord, naming Landlord as an additional insured and otherwise satisfying the requirements of Article 9 above; and/or (vii) providing Landlord with at least ten (10) days written notice prior to commencing any such work, unless it is an emergency. In its capacity as a landlord (and not as the approving agency}, landlord's approval of the plans, specifications and working drawings for any Tenant Improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. -17- April 9, 2019 Item #3 Page 23 of 48 Landlord shall not be liable for any damage, loss, or prejudice suffered or claimed by Tenant, its agents or any other person or entity on account of: (a) the approval or disapproval of any plans, contracts, bonds, contractors, sureties or matters by Landlord in its capacity as a landlord (and not as the approving agency); (b) the construction or performance of any work whether or not pursuant to approved plans; (c) the improvement of any portion of the Premises or alteration or modification to any portion of the Premises, except as stated in this subsection; or (d) the enforcement or failure to enforce any of the covenants, conditions and restrictions contained in this Lease. Under no circumstances shall Tenant make any roof penetrations without the prior written consent of Landlord. Any consent of Landlord shall be conditioned upon Landlord's review and approval of plans satisfactory to Landlord for the repair of the roof. Any roof penetrations may be inspected by Landlord's roofing contractor, and Tenant shall reimburse Landlord for the cost of such inspection and any necessary repair work within ten (10) days after Tenant's receipt of an invoice therefor. 11.2 Construction of Tenant Improvements; Liens. Tenant shall pay when due all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at, on, or for use in the Premises, and shall defend, indemnify, protect and hold harmless the Premises and Landlord against the same (including, without limitation, the costs of defending against such claims, and reasonable attorney's fees incurred therein). Tenant shall keep the Premises and any interest therein, free and clear of all mechanics' liens and all other liens. Tenant shall give Landlord immediate written notice of any lien filed against the Premises or any interest therein related to or arising from work performed by or for Tenant. Tenant shall . give Landlord not less than ten (10) days' prior written notice of the commencement of any Tenant Improvements in the Premises, except as set forth in this Article, and Landlord shall have the right to post notices of nonresponsibility in or upon the Premises as provided by law. If any lien or levy of any nature whatsoever is filed against the Premises or Tenant's leasehold interest, then upon Landlord's request, Tenant shall furnish to Landlord a corporate surety bond, satisfactory to Landlord, in an amount equal to one and one-half (1 ½) times the amount of the claims upon which such lien or levy has been filed. Such bond shall be acknowledged by Tenant as principal and by a corporation, licensed by the Insurance Commissioner of the State of California to transact the business of a fidelity and surety insurance company, as surety. Landlord shall have the right to declare this Lease in default in the event the bond required by this paragraph has not been deposited with Landlord within thirty (30) days after written request has been delivered to Tenant. 11.3 Title to Tenant Improvements. Subject to Section 12.1 below and to the exceptions contained in this Lease, upon the expiration or earlier termination of this Lease, any and all Tenant Improvements which may be made in or upon the Premises shall become the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the Term without compensation to Tenant unless Landlord requires that Tenant remove any Tenant Improvements pursuant to Article 13 below. 11.4 Signs. Tenant shall be responsible for purchasing, installing and maintaining, at Tenant's sole cost, any new exterior signage in accordance with the signage -18- April 9, 2019 Item #3 Page 24 of 48 regulations set forth by the City of Carlsbad and any other sign criteria provided by Landlord (collectively, "Sign Criteria") and which has received Landlord's prior written consent. In accordance with the Sign Criteria, Tenant shall maintain such signage in good condition and repair during the entire Term of this Lease. Tenant shall repair, at its sole cost and expense, any damage to the Premises caused by the erection, maintenance or removal of any sign, marquee, banner, awning, decoration or other attachment. 11.5 Compliance with Prevailing Wage Laws. Tenant acknowledges and agrees that: (a) any construction, alteration, demolition, installation or repair work performed under this Lease constitutes "public work" under California Prevailing Wage Law, including Labor Code sections 1720 through 1815, et seq. (the "PWL"), and will obligate Tenant to cause such work to be performed as a "public work," including, but not limited to, the payment of applicable prevailing wages to the all persons or entities subject to the PWL; (b) Tenant shall cause all persons and/ or entities performing "public work" under this Lease to comply with all applicable provisions of the PW; (c) in no event shall Landlord be responsible for Tenant's failure to comply with any applicable provisions of the PWL. ; (d) Tenant's violations of the PWL shall constitute an event of default under this Lease, and (e) Tenant shall defend and indemnify Landlord and its officers, employees, council members and agents from and against any and all claims, assessments, back-wages, penalties, change orders, suits, liability, judgments, damages, proceedings, orders, directives, and costs, including reasonable attorneys' fees, arising from or relating to any actual or alleged violations of the PWL, or other application of laws, ordinances or regulations, by any person or entity, including but not limited to Tenant, performing construction, alteration, demolition, installation, repair and/ or any other type of work contemplated under this Lease. Notwithstanding the foregoing, the Landlord acknowledges, understands and agrees that some work is performed by volunteers or employees of Tenant, therefore, this section does not apply to those entities or persons. ARTICLE 12 TENANT'S PROPERTY 12.1 Tenant's Property. All trade fixtures, goods, inventory, merchandise, stock, supplies, decorative light fixtures, and movable equipment owned by Tenant • and installed in the Premises at Tenant's sole cost and which may be removed without material damage to the Premises ("Tenant's Property") shall remain the property of Tenant during the Term. Except as provided to the contrary in Section 12.3 above, Tenant's Property shall be removable from time to time and at the expiration of the Term or earlier termination thereof, provided that: (i) Tenant shall not at such time be in default, or with notice or the passage of time or both would be in default, under any term, covenant, condition or provision of this Lease; (ii) Tenant shall repair to the satisfaction of Landlord, any damage to the Premises caused by the removal of Tenant's Property; 12.2 Landlord's Lien. Subject to the rights of Tenant, if any, under Section 9102(4) of the California Uniform Commercial Code, as amended or recodified from time to time, Tenant hereby grants to Landlord a security interest in and lien upon Tenant's Property -19- April 9, 2019 Item #3 Page 25 of 48 and the proceeds thereof as security for Tenant's performance of all the terms, covenants, conditions, provisions and obligations under this Lease. Upon Landlord's request, Tenant shall execute a security agreement, UCC-1 financing statement, continuation statement and such other documents as Landlord may reasonably require to evidence, create, protect, perfect and preserve the validity and priority of Landlord's lien upon and security interest in Tenant's Property. ARTICLE 13 DAMAGE AND DESTRUCTION 13.1 Repairs by Tenant. If the Premises are totally or partially damaged or destroyed, Tenant shall, within ninety (90) days, commence and diligently pursue to completion the repair, replacement or reconstruction of the Premises, and of all Tenant's Property and Tenant Improvements to the extent necessary to permit full use and occupancy of the Premises for the purposes provided in this Lease. Repair, replacement or reconstruction of the Premises shall be accomplished in a manner and according to plans approved by Landlord; provided, however, Tenant shall not be obligated to repair, reconstruct or replace the improvements following their destruction in whole or substantial part except to the extent the loss is covered by insurance required to be carried by Tenant pursuant to this Lease (or would be covered whether or not such required insurance is actually in effect), and except if Tenant is required to indemnify Landlord for such destruction pursuant to Section 16. If Tenant is not obligated and elects not to restore, repair or reconstruct as herein provided, then this Lease shall terminate and neither party shall have any further obligation to the other, except for Tenant's obligation to pay rent and other charges which are accrued and unpaid as of the termination date and other provisions that survive the termination of this Lease. Tenant hereby waives California Civil Code Sections 1932 and 1933, as amended or recodified from time to time. 13.2 Termination Right. If the destruction to the Premises occurs during the last twelve (12) months of the Term and such destruction will require more than ninety (90) days to repair, then Tenant may elect to terminate this Lease provided that: (i) Tenant provides written notice to Landlord of such election to terminate within sixty (60) days after occurrence of the destruction; (ii) at the time of delivery of the termination notice Tenant is not in default under this Lease beyond any applicable notice and cure period; (iii) Tenant did not intentionally cause such destruction; (iv) all insurance required of Tenant under this Lease was in effect as of the date the destruction occurred and Tenant assigns to Landlord all claims rights and proceeds relating to the applicable destruction. -20- April 9, 2019 Item #3 Page 26 of 48 ARTICLE 14 EMINENT DOMAIN 14.1 Total or Substantial Taking. If all of the Premises are taken under the power of eminent domain or such a substantial portion thereof is so taken that reasonable restoration will not result in the Premises being reasonably suitable for the conduct of Tenant's business, this Lease shall terminate on the date that Tenant is required to yield possession to the condemning authority, or on the date that the possession of the Premises or part thereof is taken, whichever is later. The term "eminent domain" shall include the exercise of any governmental power of condemnation and any private sale or other transfer in lieu of or under threat of condemnation. 14.2 Partial Taking. If there is a partial taking of the Premises, and after restoration of any building or other improvements, the Premises would be reasonably suitable for Tenant's continued occupancy and conduct of its business, then: (i) this Lease shall terminate as to the part taken as of the date of transfer of possession; (ii) rent shall be equitably reduced; and (iii) Landlord shall, at its own cost and expense, make all necessary repairs or alterations to the Premises required to restore the Premises to useful condition. During such repair or restoration, rent shall be equitably abated as set forth above and Landlord shall provide either (i) alternative space reasonably suitable for the use or pay to Tenant the loss income related to the loss of use. Notwithstanding the foregoing, Landlord, at its sole option, may elect to terminate this Lease by delivering written notice to Tenant within thirty (30) days after any such partial taking but before any modifications by reason of the partial taking to the Premises with the effective date for the termination of this Lease and relinquishment of occupancy to occur not less than ninety (90) days after delivery of the thirty (30) day notice , in lieu of restoring the Premises to useful condition as provided above, unless Tenant agrees to perform all such restoration work at Tenant's sole cost 14.3 Award. Tenant hereby renounces any interest in, and assigns to Landlord, any award made in any condemnation proceeding for any such taking, provided that Landlord shall have no interest in or be assigned any award made to Tenant for the taking of Tenant's Property, for Tenant's relocation expenses, loss of revenue costs or of existing contracts which obligate Tenants. ARTICLE 15 INDEMNIFICATION 15.1 Tenant covenants and agrees to indemnify, protect, defend and hold harmless Landlord and its agents, employees, officers, affiliates and representatives (collectively, "Landlord Parties") from and against any and all losses, claims, demands, damages (but not consequential damages unless awarded in favor of a third party), liabilities, actions, judgments, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or resulting from (a) the grossly negligent or willful acts or omissions of Tenant, its agents, contractors, subcontractors or employees, (b) any breach of any obligation, -21- April 9, 2019 Item #3 Page 27 of48 covenant, representation or warranty of Tenant under this Lease; or (c) the use and operation of the Premises during the Term. The foregoing shall not apply to any loss, claim, damage, liability, action, judgment, cost or expense to the extent arising out of or resulting from any negligence or willful misconduct of any Landlord Party. Tenant's obligations under this section shall survive the expiration or termination of this Lease. ARTICLE 16 DEFAULTS AND REMEDIES 16.1 Events of Default. The occurrence of any of the following events shall constitute an event of default and a material breach of this Lease on the part of Tenant: A. Abandonment or Failure to Continuously Operate. Tenant's vacation or abandonment of the Premises or Tenant's failure to actively and continuously use, operate and occupy the Premises, except as otherwise provided in this Lease. B. Failure to Make Payment. Tenant's failure to pay any rent or other sum due hereunder on the date when such payment is due, where such failure continues for five (S) days after written notice of such failure from Landlord, or Tenant's failure on three (3) occasions during any twelve (12) month period to timely pay rent on or before the due date as provided for herein (even though subsequently cured). C. Non-Permitted Use. Tenant's failure to comply with any provision of this Lease relating to the Permitted Use, where such failure continues for thirty (30) days after written notice of such failure from Landlord. D. Failure to Perform Other Covenants. Tenant's failure to perform any of Tenant's other covenants, agreements or obligations hereunder, where such failure continues for thirty (30) days after written notice of such failure from Landlord (provided, however, if the nature of such default is such that the same cannot be reasonably cured within a thirty (30) day period, Tenant shall not be deemed to be in default if Tenant diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default), except if a different notice or cure period is specified in another provision of this Lease. If this subsection conflicts with any provision of this Lease, the other provision controls. E. Bankruptcy. The making of a general assignment for the benefit of creditors by Tenant, or the filing of a voluntary or involuntary bankruptcy petition by or against Tenant, or the appointment of a receiver to take possession of all or substantially all of Tenant's assets or the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or the Premises, or in the event Tenant becomes insolvent or fails to generally pay Tenant's debts as such debts become due. F. Transfer without Consent. The occurrence of any Transfer without Landlord's express prior written consent. -22- April 9, 2019 Item #3 Page 28 of 48 16.2 Remedies. Upon the occurrence of an event of default by Tenant as set forth in Section 17.1 above, Landlord shall have the following rights and remedies, in addition to any and all other rights and remedies available to Landlord at law or in equity, including without limit those provided under California Civil Code Sections 1951.2 and 1951.4, as amended or recodified from time to time: A. Terminate Lease. Landlord shall have the right to terminate this Lease and all rights of Tenant hereunder by giving sixty days (60) day written notice to Tenant. If this Lease is so terminated, then Landlord may recover from Tenant: (i) the worth at the time of award of any unpaid rent that had been earned at the time of such termination;~ (ii) the worth at the time of award of the amount by which the unpaid rent which would have been earned from the time of such termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided;~ (iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of events would be likely to result therefrom, plus interest thereon at the Remedy Rate from the date incurred by Landlord until reimbursed in full. As used in Subsections (A)(i) and (ii) above, the "worth at the time of award" is computed by allowing interest at the Remedy Rate. As used in Subsection (A)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). All amounts owing under this Subsection which are not paid when due shall bear interest at the Remedy Rate from the date owing until paid and such interest shall be compounded monthly. B. Reenter Premises. Landlord shall also have the right upon termination of this Lease to reenter the Premises and to remove all persons and Tenant's Property from the Premises and store the Tenant's Property in a public warehouse or elsewhere at the cost of and for the account of Tenant. C. Maintain Lease; Relet Premises; Tenant's Abandonment of Premises. This subsection shall apply if, and only if, Tenant abandons the Premises. Landlord shall have the remedy described in California Civil Code Section 1951.4 as amended from time to time (lessor may continue lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign, subject only to reasonable limitations). Unless Landlord elects to terminate this Lease as provided in Section 17.2(A) above, Landlord may from time to time, without terminating this Lease, either recover all rent as it becomes due or relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the right to clean and to make alterations and repairs to the Premises at Tenant's sole expense. -23- April 9, 2019 Item #3 Page 29 of 48 If landlord elects to relet as provided herein, then rent received by landlord from such reletting shall be applied at Landlord's option: first, to the payment of any indebtedness other than rent due hereunder from Tenant to landlord; second, to the payment of any cost of such reletting (including reasonable attorneys' fees, tenant improvements reasonable and customary to make the Premises ready to lease [including the removal of any specialized improvements installed by Tenant], court costs and brokerage commissions); third, to the payment of the cost of any cleaning, alterations and repairs to the Premises; fourth, to the payment of rent due and unpaid hereunder; and the balance, if any, shall be applied in payment of future rent as the same may become due and payable hereunder. If the portion of such rentals received from such reletting during any month which is applied to the payment of rent under the reletting lease is less than the rent payable during that month by Tenant hereunder, then Tenant shall pay any such deficiency to Landlord immediately upon demand by landlord. Such deficiency shall be calculated monthly and Tenant shall pay such deficiency monthly. Tenant shall also pay to landlord, upon landlord's demand, the costs and expenses incurred by landlord in such reletting, including reasonable attorneys' fees, court costs, tenant improvements customary to make the Premises ready to lease (including the removal of any specialized improvements installed by Tenant) and brokerage commissions and in making any alterations and repairs to the Premises to be. No reentry, acts of maintenance or preservation, efforts to rel et, or . taking possession of the Premises by Landlord or the appointment of a receiver upon initiative of Landlord to protect Landlord's interest under this Lease shall be construed as an election to terminate this lease unless an express written notice of such intention is delivered to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction. Notwithstanding any reletting of the Premises without termination of this lease by landlord, landlord may at any time after such reletting elect to terminate this Lease, in which case, landlord shall have all the rights and remedies provided by law or equity or this Lease upon termination. D. Performance by Landlord. If Tenant breaches or fails to perform any of Tenant's obligations under this lease and the breach or failure continues for thirty (30) days (or such shorter or longer time period as may be specified otherwise in this Lease) after landlord gives Tenant written notice of the breach or failure, landlord, without thereby waiving or curing such may, but shall not be obligated to, perform any such obligation for the account and at the expense of Tenant as provided in the Lease. Landlord also may, but shall not be obligated to, perform any such obligation for the account and at the expense of Tenant without notice in case of an emergency as provided in this Lease. E. Receiver on Behalf of Landlord. If, at the instance of Landlord in any legal action arising under this lease, a receiver shall be appointed to take possession of the Premises or to collect the rents derived therefrom, then the receiver may, if it shall be necessary or convenient in order to collect such rents, conduct the business of Tenant then being carried on in the Premises, and may take possession of any Tenant's Property and other personal property and records used in Tenant's business and use the same in conducting such -24- April 9, 2019 Item #3 Page 30 of 48 business, without compensation to Tenant for such use; however, nothing herein shall change the ownership of Tenants personal or intellectual property to the Receiver, the Landlord or any other entity or person. Tenant's personal or intellectual property shall remain in the ownership of Tenant. Neither application for, nor the appointment of a receiver shall. be construed as an election by Landlord to terminate this Lease, unless express written notice of such election is given to Tenant. The fees and expenses of such receiver shall be charged to Tenant as Additional Rent, if ordered by the court in the appointment of the receiver. 16.3 late Charges. Landlord and Tenant agree that the fixing of actual damages for Tenant's breach of any of the provisions of this Lease, including but not limited to the late payment by Tenant to Landlord of rent and other amounts due hereunder, would cause landlord to incur costs not contemplated by this lease, the exact amount of which would be extremely difficult or impracticable to ascertain. The "other amounts due hereunder" shall not include contested charges as provided in this Lease. Such costs include but are not limited to accounting, processing, administrative, legal and clerical charges and late charges which may be imposed upon Landlord by the terms of any Mortgage covering the Premises. Accordingly, if any installment of rent or any other sum due from Tenant hereunder has not been received by Landlord or Landlord's agent within fifteen (15) days after such amount was due, Tenant shall pay to Landlord a late charge equal to five percent (5%) of any such delinquent installment of rent or any other delinquent sum due from Tenant. Tenant hereby agrees that said late charge represents a fair and reasonable estimate of the cost landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by landlord shall not constitute a waiver of Tenant's default with respect to such overdue amount nor prevent Landlord from exercising any other rights and remedies provided for in this Lease, at law or in equity. If a late charge is payable by Tenant whether or not collected, for three (3) installments of rent during any twelve (12) month period, then the Base Rent shall automatically become due and payable to Landlord quarterly in advance, notwithstanding any other provision of this Lease to the contrary. 16.4 Interest on Past Due Obligations. Any and all amounts not paid to Landlord when due, shall bear interest, compounded monthly from the date due until paid at the rate of four percent (4%) per annum. Payment of such interest shall not excuse or cure any default by Tenant under this Lease and shall not affect any rights and remedies provided to Landlord in this Lease or at law or in equity, all of which shall be cumulative. Notwithstanding the foregoing, the City Manager of the City of Carlsbad shall have the right, in its sole discretion, to waive for good cause any interest payment upon written application of Tenant for any such delinquency period. 16.5 Waiver of Redemption. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of the Premises by reason of the violation by Tenant of any of the covenants and conditions of this Lease or otherwise. The rights given to landlord herein are in addition to any rights that may be given to landlord by any statute or otherwise. -25- April 9, 2019 Item #3 Page 31 of 48 16.6 Landlord's Default. Landlord shall in no event be charged with default in the performance of any of its obligations hereunder unless and until Landlord shall have failed to perform such obligations and such failure continues for more than thirty (30) days (or such less or additional time as is reasonably necessary to correct any such failure as provided in this Lease) after Landlord's receipt of written notice of such failure from Tenant. If Landlord fails to perform within the specified time period as to any repair, rehabilitation or maintenance of the Premises, then the Tenant may perform such repair, rehabilitation or maintenance then the Landlord will be obligated to reimburse Tenant within thirty (30) days of receipt of the written demand for payment from Landlord. 16.7 Tenant's Right to Terminate Lease without Cause. The Tenant shall have the right to terminate this Lease after the third full year of this Lease upon One Hundred Eighty (180) Days written notice to the Landlord. ARTICLEl.7 SUBORDINATION AND ATTORNMENT 17.1 Subordination. This Lease is and shall be subordinate to any ground lease, mortgage, deed of trust and/or any other hypothecation or security document and advances and obligations thereunder now or hereafter placed upon the Premises, and any renewals, modifications, consolidations, replacements and extensions thereof (collectively "Mortgage") providing the terms of the Mortgage do not conflict with the terms of this Lease .. Upon the request of Landlord, Tenant shall, from time to time, execute and deliver any documents that may be required by Landlord or the mortgagee, beneficiary, ground lessor or lender (each a "Landlord's Lender") under any such Mortgage, to effectuate any subordination, provided that any such Landlord's Lender agrees not to disturb Tenant's right to quiet possession under this Lease so long as Tenant is not in default (or with notice or passage of time or both would not be in default) under this Lease. If Tenant fails to execute and deliver any such document within fifteen (15) days after request, Tenant irrevocably constitutes and appoints landlord as Tenant's special attorney-in-fact, coupled with an interest, to execute and deliver such document. Notwithstanding the foregoing, if Landlord's Lender elects to have this Lease prior to the lien of its Mortgage, and gives written notice to Tenant of such election, this Lease shall be deemed prior to such Mortgage regardless of the respective dates of execution, delivery and recordation of this Lease and any such Mortgage. 17.2 Attornment. In the event that Landlord transfers title to the Premises to a Landlord's Lender, or the Premises are acquired by a Landlord's Lender upon the foreclosure or termination of a Mortgage to which this Lease is subordinated, Tenant shall attorn to and recognize the Landlord's Lender as Tenant's landlord under this Lease and shall promptly execute and deliver any documents that Landlord may require to evidence such attornment, provided that Landlord's Lender agrees not to disturb Tenant's right to quiet possession under this Lease so long as Tenant is not in default (or with notice or passage of time or both would not be in default) under this Lease. If Tenant fails to execute and deliver any such document within fifteen (15) days after request, Tenant irrevocably constitutes and appoints Landlord as -26- April 9, 2019 Item #3 Page 32 of 48 Tenant's special attorney-in-fact, coupled with an interest, to execute and deliver such document. 17.3 Estoppel Certificate. Upon the request of Landlord, Tenant at any time and from time to time shall execute, acknowledge, and deliver to Landlord, no later than fifteen (15) business days after Landlord's request therefor, an estoppel certificate in any reasonable form requested by Landlord ("Estoppel Certificate"). The Estoppel Certificate may be conclusively relied upon by a prospective lender, purchaser, or encumbrancer of Landlord's interest in the Premises. Failure to deliver the Estoppel Certificate within fifteen (15) days of such request shall be conclusive upon Tenant that: (i) this Lease is in full force and effect; (ii) there are no uncured defaults in Landlord's or Tenant's performance; (iii) not more than one month's Base Rent has been paid in advance; and (iv) the Security Deposit is in an amount equal to that specified in Article 1 hereof. Tenant hereby irrevocably appoints Landlord as its attorney-in-fact, which agency is coupled with an interest, to execute any such Estoppel Certificate upon Tenant's failure to do so within such fifteen (15) day period. 17.4 Rights of Landlord's Lender and Landlord's Purchaser. If any Landlord's Lender or any purchaser of Landlord's interest in the Premises ("Landlord's Purchaser'') requires a modification of this Lease at any time, Tenant shall, at Landlord's request, promptly execute and deliver to Landlord instruments effecting the modifications that the Landlord's Lender or Landlord's Purchaser reasonably requires, provided that such modifications do not increase the rent, reduce the size of the Premises, change in whole or part the use of the Premises or otherwise adversely affect in any material respect any of Tenant's rights under this Lease. If Landlord's Lender or Landlord's Purchaser has given prior written notice to Tenant that it is the Landlord's Lender or Landlord's Purchaser and such notice includes the address at which notices to such Landlord's Lender or Landlord's Purchaser are to be sent, then Tenant shall give Landlord's Lender or Landlord's Purchaser, as the case may be, written notice simultaneously with any notice given to Landlord to correct any failure of Landlord to perform any of Landlord's obligations. Landlord's Lender and Landlord's Purchaser shall have the right after receipt of said written notice to correct or remedy such failure within a reasonable period of time. Any written notice of default given Landlord shall be null and void unless simultaneous written notice has been given to Landlord's Lender and Landlord's Purchaser. 17.5 Limitation of Liability. The covenants and agreements of Landlord under this Lease shall not be binding upon any person at any time after the transfer of that person's interest, as landlord, in the Premises, providing Landlord provides to the new Landlord with a copy to Tenant of any outstanding obligations, including without limitation, repair and maintenance obligations, of Landlord, otherwise Landlord will remain liable for the outstanding obligations. In the event of such a transfer, the covenants and agreements of Landlord shall thereafter be binding upon the transferee of Landlord's interest. -27- April 9, 2019 Item #3 Page 33 of 48 ARTICLE 18 FORCE MAJEURE If either party hereto shall be delayed in or prevented from the performance of any act required hereunder by reason of acts of God, labor troubles, inability to procure materials, restrictive governmental laws or regulations or other causes without fault and beyond the control of the party obligated (financial inability not excepted, unless caused by Force Majeure) (collectively, "Force Majeure"), performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay; provided, however, nothing in this Section shall delay the Rent Commencement Date or excuse Tenant from the prompt payment of any rent or other charge required of Tenant hereunder, except as may be financially impossible due to Force Majeure or as may be expressly provided elsewhere in this Lease. ARTICLE 19 ASSIGNMENT AND SUBLETTING Landlord's Consent. Tenant shall not voluntarily, involuntarily or by operation of law assign, mortgage, sublet, hypothecate or otherwise transfer or encumber all or any part of Tenant's real property interest in this Lease or in the Premises, or contract for the management or operation of the whole or any part of the Premises, or permit the occupancy of any part of the Premises by any other person or business entity, or permit transfer of this Lease by merger, consolidation or dissolution (collectively "Transfer"), without first obtaining Landlord's express written consent. No consent to any Transfer shall constitute a waiver of the provisions of this Section. Tenant is a California public benefit corporation. Any dissolution or merger, consolidation, or other reorganization of Tenant of more than twenty-five (25%) the value of the assets of Tenant, shall be deemed a Transfer requiring Landlord's consent. Landlord and Tenant agree (by way of example and without limitation) that it shall be reasonable for Landlord to withhold its consent to a Transfer if any of the following situations exist or may exist: (i) the proposed Transferee's (as defined below) use of the Premises conflicts with or is different from the Permitted Use; (ii) the proposed Transferee or its business is subject to compliance with additional requirements of law beyond those requirements which are applicable to Tenant; (iii) in Landlord's reasonable business judgment, the proposed Transferee lacks sufficient business reputation or experience to operate a successful business of the type and quality permitted under this Lease, or lacks the financial capacity to perform the Permitted Use; or (iv) Tenant is in default under this Lease. Any attempted or purported Transfer without Landlord's prior written consent shall be void and of no force or effect, and shall not confer any estate or benefit on anyone. A consent to one Transfer by Landlord shall not be deemed to be a consent to any subsequent Transfer to any other party. 19.1 Request for Transfer. Tenant shall give Landlord at least sixty (60) days' prior written notice of any requested Transfer and of the proposed terms of such Transfer -28- April 9, 2019 Item #3 Page 34 of 48 (''Transfer Notice"), including but not limited to: (i) the name and legal composition of the proposed assignee, sublessee, encumbrancer or transferee ("Transferee"); (ii) a current financial statement of the proposed Transferee prepared in accordance with generally accepted accounting principles consistently applied; (iii) the portion of the Premises Tenant proposes to Transfer (including square footage and location); and (iv) the nature of the proposed Transferee's business to be carried on in the Premises. The foregoing terms shall be in sufficient detail to enable Landlord to evaluate the proposed Transfer and the prospective Transferee. Within thirty (30) days after receipt of the Transfer Notice, Landlord shall either approve or disapprove of such Transfer. Tenant shall immediately notify Landlord of any modification to the proposed terms of such Transfer. Tenant shall also provide to Landlord copies of the fully executed documents pertaining to the Transfer after the Transfer has become effective. Whether or not Landlord consents to any proposed Transfer, Tenant shall pay Landlord's review and processing fee, including without limitation, all Landlord's agents, employees, outside consultants, in the amount of $500.00, as well as any additional and reasonable legal fees incurred by Landlord over the $500.00, within thirty (30) days after written request by Landlord. 19.2 Landlord's Rights. Upon receipt of a Transfer Notice pursuant to Section 19.2 above, Landlord shall have the right to (i) unreasonably withhold its consent to such Transfer, as permitted pursuant to Section 19.1 above; or (ii) impose any of the following as conditions to Landlord's consent: (a) that all rents paid by the Transferee to Tenant in excess of the Base Rent be paid to Landlord; or (b) that either Tenant or the proposed Transferee cure, providing notice as required under this Lease has been provided by Landlords, on or before the proposed effective date of such Transfer, any and all uncured defaults hereunder; provided, however, in no event shall Landlord's failure to condition its consent upon such cure be deemed to be a waiver of any such default or of Landlord's rights and remedies under this Lease or under law or in equity in regard thereto. If Landlord has elected to impose such a cure as a condition to its consent and such condition is not satisfied by the effective date of the Transfer, then the Transfer shall be voidable at Landlord's option. Landlord shall also have the right to condition Landlord's consent to any Transfer upon Tenant's and the Transferee's executing a written assumption agreement, in a commercially reasonable form approved by Landlord, which approval shall not be unreasonably withheld. The assumption agreement shall require the Transferee to expressly assume all obligations of Tenant under this Lease and shall require Tenant and Transferee to be and remain jointly and severally liable for the performance of all conditions, covenants, and obligations under this Lease from the effective date of the Transfer of Tenant's interest in this Lease. Regardless of Landlord's consent to any Transfer, no Transfer shall release Tenant of Tenant's obligation or alter the primary liability of Tenant to pay rent and to perform all other obligations to be performed by Tenant hereunder, unless all parties agree to a novation ("Novation"). The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof. These rights are in addition to Landlord's right to withhold its consent based upon the criteria and standards set forth above to any Transfer These rights may be reasonably exercised by Landlord without limiting Landlord in the exercise of any other right or remedy at law or in equity which Landlord may have by reason of such Transfer. In the event a Novation has not occurred, and where -29- April 9, 2019 Item #3 Page 35 of 48 there is a default by any Transferee, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said Transferee. Tenant expressly agrees that the provisions of this Article are not unreasonable standards or conditions for purposes of Section 1951.4(b)(2) of the California Civil Code, as amended or recodified from time to time. ARTICLE 20 NOTICES All notices given under this Lease shall be in writing and shall be given or served either personally or by depositing the same by United States registered or certified mail postage prepaid, return receipt requested, or by a nationally-recognized overnight delivery courier, addressed to the applicable Address for Notices specified in Article 1 or by electronic transmission to the person provided in Article 1. Notice shall be deemed to have been given (a) on the delivery date indicated by the United States Postal Service on the return receipt or by the courier or on the date such delivery is refused or deemed "undeliverable," or (b) on the date of personal delivery, (c) or the first business day after an electronic transmission has been sent. Either party may change its address or email for notices by providing written notice as specified herein; provided, however, that all addresses provided must be an actual street address located in the United States of America. ARTICLE 21 AUTHORITY The Tenant is a California public nonprofit corporation each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said entity. Tenant shall, simultaneously with execution of this Lease, deliver to Landlord written evidence of such authority satisfactory to Landlord. ARTICLE 22 QUIET ENJOYMENT Tenant, upon keeping, observing and performing all of the covenants and agreements of this Lease on its part to be kept, observed, and performed, shall lawfully and quietly hold, occupy and enjoy the Premises during the Term of this Lease, subject to the reasonable customary and usual noise, traffic, loading and unloading of materials and all other acts necessary to the permitted use of the Premises. ARTICLE23 ATTORNEYS' FEES Should either party commence an action or arbitration against the other to enforce any obligation hereunder, the prevailing party shall be entitled to recover the costs thereof and reasonable attorneys' fees actually incurred by such prevailing party (including the -30- April 9, 2019 Item #3 Page 36 of 48 fees and charges of legal assistants or other non-attorney personnel performing services under the supervision of an attorney), whether or not such litigation is prosecuted to judgment. ARTICLE 24 WAIVER Any waiver by either party of any breach by the other party of any one or more of the covenants, conditions, or agreements of this Lease shall not be nor be construed to be a waiver of any subsequent or other breach of the same or any other covenant, condition or agreement of this Lease, nor shall any failure on the part of either party to require or exact full and complete compliance by the other party with any of the covenants, conditions, or agreements of this Lease be construed as in any manner changing the terms hereof or to prevent Landlord from subsequently enforcing the full provisions hereof. Landlord's acceptance of any payment which is less than that required to be paid by Tenant shall be deemed to have been received only on account of the obligation for which it is paid and shall not be deemed an accord and satisfaction, notwithstanding any provisions to the contrary asserted by Tenant, written on any check or contained in any transmittal letter. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term or covenant hereof, other than the failure of Tenant to pay the particular rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such rent. An express waiver must be in writing and signed by a person with the power to contractually bind Tenant or Landlord. An express waiver shall affect only the default specified in the waiver, and only for the time and to the extent expressly stated. ARTICLE 25 LIMITATION ON CLAIMS Any claim, demand, right or defense of any kind by Tenant, which is based upon, arising in connection with or in any way related to this Lease or the negotiations prior to its execution, shall be barred unless Tenant commences an action thereon, or interposes in a legal proceeding a defense by reason thereof, within the statutory limitations after the date of the inaction or omission or the date of the occurrence of the event or of the action to which the claim, demand, right or defense relates, whichever applies. ARTICLE 26 INTERPRETATION AND APPLICATION 26.1 Submission of Lease. Submission of this instrument for examination or signature by Tenant does not constitute an offer, a reservation of, option for or option to lease, and it is not effective as a lease or otherwise until execution and delivery by both Landlord and Tenant. 26.2 Governing Law. This Lease shall be construed in accordance with and governed by the statutes, decisions, and other laws of the State of California and the Federal -31 - April 9, 2019 Item #3 Page 37 of 48 Statutes, regulations, decisions relating to Tenant's standing as an exempt organization and other laws of the United States. Tenant expressly agrees that any and all disputes arising out of or in connection with this Lease shall be litigated only in the Superior Court of the State of California for San Diego County, and Tenant hereby consents to the jurisdiction of said court, unless the Federal laws are applicable. 26.3 Complete Agreement. This Lease contains all terms, covenants, conditions, warranties and agreements of the parties relating in any manner to the rental, use and occupancy of the Premises. No prior agreements or understanding pertaining to the same shall be valid or of any force or effect. 26.4 Amendment. This Lease may not be amended, altered or modified in any way except in writing signed by the parties hereto. 26.5 No Partnership. It is agreed that nothing contained in this Lease shall be deemed or construed as creating a partnership or joint venture between Landlord and Tenant or between Landlord and any other party, or cause Landlord to be responsible in any way for the debts or obligations of Tenant or any other party! 26.6 No Merger. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work as a merger, but shall, at the option of Landlord, either terminate all or any existing subleases or subtenancies, or operate as an assignment to Landlord of any or all such subleases or subtenancies. 26. 7 Severability. If any provision of this Lease or application thereof to any person or circumstances shall to any extent be invalid, the remainder of this Lease (including the application of such provision to persons or circumstances other than those to which it is held invalid) shall not be affected thereby, and each provision of this Lease shall be valid and enforced to the fullest extent permitted by law. 26.8 Captions. The captions of the Articles and Sections hereof are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. 26.9 Words. The words "Landlord" and "Tenant", as used herein, shall include the plural as well as the singular. Words used in the neuter gender include the masculine and feminine. 26.10 Joint and Several Liability. If either party is comprised of more than one individual or entity, the obligations imposed upon such party hereunder shall be joint and several to all parties signing this Lease as such party. -32- April 9, 2019 Item #3 Page 38 of 48 26.11 Exhibits. All exhibits attached to this Lease are incorporated herein by this reference and made a part hereof, and any reference in the body of this Lease or in the exhibits to the "Lease" shall mean this Lease together with all exhibits. ARTICLE 27 MISCELLANEOUS 27.1 Time is of the Essence. Time is of the essence of each and all of the terms and provisions of this Lease. 27.2 Successors. Subject to the restrictions on Transfers contained in this Lease, all the termsr covenants and conditions hereof shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. 27.3 Recordatlon; Quitclaim. Tenant shall not record this Lease or any memorandum hereof. Landlord has the right in its absolute discretion to record this Lease or a memorandum hereof, and, upon Landlord's request, Tenant shall execute and have acknowledged the same for recordation. Upon termination of this Lease for any reason, Tenant shall execute, acknowledge and deliver to Landlord within thirty (30) days after receipt of written demand therefor a good and sufficient deed whereby all right, title and interest of Tenant in the Premises is quitclaimed to Landlord. If Tenant fails to deliver the required deed to Landlord, Landlord may prepare and record a notice reciting the failure of Tenant to execute, acknowledge and deliver such deed and said notice shall be conclusive evidence of the termination of this Lease and of all right of Tenant or those claiming under Tenant in and to the Premises. -33- April 9, 2019 Item #3 Page 39 of 48 27.4 Limitation of Liability. A. Limitation of Landlord Liability.:. It is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Landlord hereunder (including any successor landlord) and any recourse by Tenant against Landlord shall be limited solely and exclusively to Landlord's interest in the Premises, including the value of the Premises, and the income and profits from the Premises, and neither Landlord, nor any of its officers, employees, affiliates, managers or agents shall have any personal liability therefor, and Tenant hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Tenant. The limitations of liability provided in this Section are in addition to, and not in limitation of, any limitation on liability applicable to Landlord provided by law or in any other contract, agreement or instrument. Under no circumstances shall Landlord be liable for punitive or special damages, indirect damages or other consequential damages, including without limitation, injury to Tenant's business or for any loss of income or profit therefrom, except as provided otherwise in this Lease In the event of any transfer of Landlord's interest in this Lease, the Landlord herein named (and in case of any subsequent transfer, the then transferor) shall be automatically freed and relieved from and after the date of such transfer of all liability for the performance of any covenants or obligations on the part of Landlord contained in this Lease thereafter to be performed; provided, however, that any funds in the hands of Landlord or the then transferor at the time of such transfer, in which Tenant has an interest shall be turned over to the transferee and any amount then due and payable to Tenant by Landlord or the then transferor under any provision of this Lease shall be paid to Tenant; and provided, further, that upon-any such transfer, the transferee shall expressly assume, subject to the limitations of this Section, all of the agreements, covenants and conditions in this Lease to be performed on the part of Landlord, it being intended hereby that the covenants and obligations contained in this Lease on the part of Landlord shall be binding on each Landlord, its successors and assigns, only during its period of ownership. -34- April 9, 2019 Item #3 Page 40 of 48 B. Limitation of Tenant Liability. It is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Tenant hereunder (including any successor Tenant or Sublessee) and any recourse by Landlord against Tenant shall be limited solely and exclusively to Landlord's interest in the Premises, including the value of the leasehold on Premises, and the income and profits from the Premises, and neither Tenant, nor any of its officers, employees, affiliates, managers or agents shall have any personal liability therefor, and Landlord hereby expressly waives and releases such personal liability on behalf of itself and· all persons claiming by, through or under Landlord. The limitations of liability provided in this Section are in addition to, and not in limitation of, any limitation on liability applicable to Tenant provided by law or in any other contract, agreement or instrument. Under no circumstances shall Tenant be liable for punitive or special damages, indirect damages or other consequential damages, including without limitation, injury to Tenant's business or for any loss of income or profit therefrom, except as provided otherwise in this Lease In the event of any transfer of Tenant's interest in this Lease, the Tenant herein named (and in case of any subsequent transfer, the then transferor) shall be automatically freed and relieved from and after the date of such transfer of all liability for the performance of any covenants or obligations on the part of Tenant payable to Landlord by Tenant or the then transferor under any provision of this Lease shall be paid to Landlord; and provided, further, that upon any such transfer, the transferee shall expressly assume, subject to the limitations of this Section, all of the agreements, covenants and conditions in this Lease to be performed on the part of Tenant, it being intended hereby that the covenants and obligations contained in this Lease on the part of Tenant shall be binding on each Tenant, its successors and assigns, only during its period of its beneficial occupancy rights through this Lease. If anything in this section conflicts with Article 15 "Indemnification" above, Article 15 shall apply. 27.1 Broker. Landlord and Tenant each represents and warrants to the other that it has not retained the services of or had any dealings with any broker, finder or real estate licensee and owes no person or entity any finder's or broker's fee, commission or payment of any kind whatsoever. Landlord and Tenant each shall indemnify, protect, defend and hold harmless the other from and against all liability for compensation or charges which may be claimed by any such broker, finder or other similar party by reason of any dealings or actions of the indemnifying party, including (without limitation) any costs, expenses or attorney's fees reasonably incurred with respect thereto. 27.2 Counterparts. This Lease may be executed in any number of counterparts each of which shall be deemed an original and all of which shall constitute one and the same Lease with the same effect as if all parties had signed the same signature page. [Signatures on Next Page] -35- April 9, 2019 Item #3 Page 41 of 48 ARTICLE 28 Signatures The individuals executing this Lease represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Lease on behalf of the respective legal entities of Tenant and Landlord. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first above written. AD, nicipal corporation By: Title: City Manager APPROVED AS TO FORM TENANT: NEW VILLAGE ARTS a California non-profit public benefit corporation By: Name: A::1-U: c;;J~ Title: &,..c;, l '"'=, ?, k.e.fo t: Nate: Signature a/ Tenant must be notarized By: ~ • ~~L < ~---- Celia A. B~ Attorney Date: -~,,_....0.._o ____ ~,2019 -36- April 9, 2019 Item #3 Page 42 of 48 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§ 1189 $ ·mosss :a 17 A notary public or other officer completing this certificate verifies only the identity of the incividual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of Caftfomia ) County of ,SAN 'D l¼'i? ) On ~/u / I 1 before me, __.&N:f."-'-= ...... (S..____:J ___ ~"-"--"';....;,,.J--=---i/"-'-N6___._7At:'--=-Y''---"Fy-=-6£ .... I L _____ ___. Date Here Insert Name and Title of the Officer personally appeared _ ___._A ..... ~_M_IJl>_f"--'e=--_~,,_,,001>=-M--=-A.:..;.,..j.....;._ __________ _ ~ of Signe¢} who proved to me on the basis of satisfactory evidence to be the person(f/ whose name¢) is/a,e subscribed to the within instrument and acknowledged to me that he/~ executed the same in hislh{if/thefr authorized ~. and that by hi~~r signature(f)' on the instrument the person{.81, or t~ entity upon behalf of whictt the person{s} acted, executed the instrument Place Notary Seal Above ---------------OPTIONAL---------------- Though this section is optlona/, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document __________ _ Number of Pages: ___ Signer(s) Other Than N ... , • ..,,.__,,..,, Capaclty(les) Claimed by Slgner(s) Signer's Name: _____ ___,,.,.....:;;..._ __ _ □ Corporate Officer -li-"'\:s':>'·~------ Signer's Name: __________ _ □ Corporate Officer -Trtle(s): _____ _ 0 Partner -□ Umit General □ Partner -· D Limited □ General □ lndMdual Attorney in Fact □ lndMdual □ Attorney in Fact • □ Trust D Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: ------------Signer Is Representing: _______ _ . : . :a:s 6 02014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 April 9, 2019 Item #3 Page 43 of 48 EXHIBIT A LEGAL DESCRIPTION OF PREMISES APN NO: 203-295-01-01 and 203-295-01-02 Lots 1 through 4 inclusive, in Block "K" of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the office of the County recorder of San Diego County May 2, 1888, and Map No. 775 filed I the Office of the County Recorder of said San Diego County. -1 - DOCS 121163-000007/2625579.8 April 9, 2019 Item #3 Page 44 of 48 EXHIBITS MEMORANDUM OF TERM COMMENCEMENT This Memorandum of Term Commencement is made as of ____ __, 2019 by the CITY OF CARLSBAD, a California municipal corporation ("Landlord"), and NEW VILLAGE ARTS, a California non-profit public benefit corporation (''Tenant"). Landlord and Tenant agree to and acknowledge the following matters: 1. Landlord and Tenant have entered into that certain Lease Agreement dated as of ______ __, 2019 (the "Lease"), covering the Premises located at 2787 State Street, Carlsbad, California, 92008, as more particularly described in the Lease. All terms defined in the Lease shall have the same meaning when used in this Memorandum of Term Commencement. 2. The Term Commencement Date occurred on 2019, _______ _, the Rent Commencement Date occurred on 2019, and the Expiration Date of the Lease is 2019. _________ __, INTENTIONALLY BLANK -1 - DOCS 121163-000007/2625579.8 April 9, 2019 Item #3 Page 45 of 48 IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum of Term Commencement as of the date first written above. LANDLORD: CITY OF CARLSBAD, a California municipal corporation By: Name: _________ _ Title: April 9, 2019 TENANT: NEW VILLAGE ARTS a California non-profit public benefit corporation By: Name: ----------Title: - 2 - Item #3 Page 46 of 48 EXHIBIT C TENANT PERFORMANCE STANDARDS {PERFORMANCE PLAN} The below enumerated Performance Plan shall commence on the Term Commencement Date. Landlord acknowledges that some enumerated performance measures are subject to grant funding and/or fundraising. Tenant acknowledges that they shall use good faith efforts to secure grant funding and/or fund raising for performance measures requiring such funding. PROPOSED FIVE YEAR PLAN ANNUALLY • Produce 6 mainstage theatre productions • Foundry must be open to the public for a minimum of five (5) hours per day, six (6) days a week. · • If Artists are occupying the Foundry space, Tenant shall establish a schedule with a minimum of 20% of the artists scheduled to work at any given time. • Participate in Carlsbad Village Street Fairs (Carlsbad Village Fair and Art in the Village) with space open to visitors. • Have professional theatre training programs in 3 Carlsbad high schools• • Bring a Theatre for Young Audiences performance to local middle schools • • Run a program for special needs and neurodiverse teens that culminates in a summer production • • Run two improvisation classes (6-week sessions) for seniors with Alzheimer's and dementia • • Have an annual Teatro Pueblo Nuevo festival that celebrates our bilingual and multicultural community• Year 1 (Season 18: 2018-2019) • Reassess Artist Studios (Foundry) business plan, which may include hiring of Art Studio Manager • Implement new Artist Studios business plan to "activate" the space • Host 1 street event on Christiansen Way • Hold theatre and/or art classes for over 150 class hours per year • Host 4 community events (inclusive of the Christiansen Way event) • Produce 4 music or spoken word events • Collaborate with the City on already approved remodel of the exterior of the building • Bring at least 10,000 patrons to the Village Year 2 (Season 19: 2019 -2020} • Begin negotiations for long term lease in the facility • Begin research/planning for new facility • Begin research/planning for rebranding • Host 2 street events on Christiansen Way • Begin research/planning for producing season 21 during construction • Commence Private Phase Capital Campaign to finance portion of new facility • Hold theatre and/or art classes for over 175 class hours per year • Host 5 community events (inclusive of the Christiansen Way events) • Produce 5 music or spoken word events • Bring at least 10,500 patrons to the Village - 1 - DOCS 121163-00000712625579.8 April 9, 2019 Item #3 Page 47 of 48 Vear 3 (Season 20: 2020 -2021) • Celebrate NVA's 20th Anniversary with Rebranding and large public event • Continue research/planning for new facility • Host 2 street events on Christiansen Way • Hold theatre and/or art classes for over 200 class hours per year • Host 5 community events (inclusive of the Christiansen Way events) • Produce 6 music or spoken word events • Bring at least 11,000 patrons to the Village Vear 4 (Season 21: 2021 -2022) • Continue research/planning for new facility • Host 2 street events on Christiansen Way • Hold theatre and/or art classes for over 225 class hours per year • Host 5 community events (inclusive of the Christiansen Way events) • Produce 6 music or spoken word events • Bring at least 11,500 patrons to the Village Vear 5 (Season 22: 2022 -2023) • Continue research/planning for new facility • Host 2 street events on Christiansen Way • Hold theatre and/or art classes for over 250 class hours per year • Host 5 community events (inclusive of the Christiansen Way events} • Produce 6 music or spoken word events • Bring at least 12,000 patrons to the Village * Programming is contingent upon available funding - 2 - April 9, 2019 Item #3 Page 48 of 48 Andrea Dykes From: Sent: To: Subject: Sent from my iPhone Friday, February 7, 2020 9:58 PM Council Internet Email New VillageArts Theater /\II Receive -Agenda Item II k For the Information of the: CITY COUNCIL Date2/7/7t CA 'x"" CCX. CM ___kCOO X" DCM (3}I(_ My husband and I are snowbirds who have a condo in Carlsbad and have owned it for 45 years. When we retired we decided to spend more time here. Our dear granddaughter gave us a wonderful Christmas gift of tickets to a play at the Carlsbad New Village Arts Theater, and it has become a tradition. We have brought guests recently and found the talent and quality ofthe programs to be excellent. The theater is intimate and in an artistic location and atmosphere. The staff has been helpful in providing seating in the first row for my husband who is handicapped. We hope to attend many more excellent productions with their talented actors and musicians. Thank you , Carlsbad, for such fine entertainment Janice M. Gehrman CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 30 Andrea Dykes From: Sent: To: Subject: Pam Duke Friday, February 7, 2020 8:11 PM Council Internet Email Nva Please support the NVA What an asset they are. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 31 Andrea Dykes From: Sent: To: Subject: rhya cawley Friday, February 7, 2020 6:54 PM Council Internet Email New Village Arts Theater The New Village Arts theater offers the community performances and programs that enrich our lives. The Final Draft program encourages local theater writers to submit original projects. The theater offers programs for children through seniors. NVA theater is a gift to our community. For the theater's hard work and commitment to the creative arts, New Village Arts Theater is fantastic! CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 32 Andrea Dykes From: Sent: To: Subject: Gordon Bishop Friday, February 7, 2020 6:38 PM Council Internet Email Village Arts Theatre Please keep a close supportive relationship with Village Arts Theatre. This organization is the absolute jewel of Carlsbad Village. We will soon be living at Carlsbad by the sea and look forward to many years of first class theatre at this nearby venue. We have an extraordinary precious asset in the Village Arts Theatre. I encourage the city to do everything possible to preserve and strengthen the relationship. Please help keep this wonderful resource available for the citizens of this area. City support is critical! Thanks for your help. Gordon Bishop Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 33 Andrea Dykes From: Sent: To: Subject: Gentle Persons, Bill Peirsol Friday, February 7, 2020 6:07 PM Council Internet Email New Village Arts In years past we had season tickets to the Old Globe in San Diego. As we have gotten older the travel at night with the parking and walking has become most difficult for my wife who must use a walker. We have been season subscribers to the New Village Arts and have been thoroughly pleased not only with the surprisingly excellent productions but also with the wonderful and kind people who work at the theater. We have had from as far away as Valley Center join us for shows. They always dine at one of the nearby restaurants as well as see the show. The theater is as very strong asset to Carlsbad and the surrounding communities. Please do whatever you can to keep the theater open and serving us. Thank you for your attention. William Peirsol Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 34 Andrea Dykes From: Sent: To: Subject: Alison Royle Friday, February 7, 2020 5:47 PM Council Internet Email New Village Arts Please, please form the Carlsbad City Partnership with the New Village Arts Theater. It is an invaluable asset. Thank you, Alison Royle Let there be peace on earth. .... Carlsbad, CA 92009 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 35 Andrea Dykes From: Sent: To: Subject: Eva Trieger Friday, February 7, 2020 5:42 PM Council Internet Email Don't Mess with our Local Gem! Dear Carlsbad City Council, I am writing to BEG you to continue to support and partner with New Village Arts Theater. This tiny jewel does more than its share of good for, not just the city of Carlsbad, not just North County, but for all of San Diego. The innovative and inclusive programming keeps Carlsbad in step with the needs of a diverse population. I have been involved with this theater since its inception at its current home on the railroad tracks. Since those early days, I've watched the theater blossom and became a thriving hive of artistic and humanistic activity. Acting, arts, and music are just a few of the obvious ways in which NVA enriches Ca~lsbad. However, what goes on behind the scenes, if you will, is so much greater than the sum of its parts. Championing diverse populations, NVA has made theater accessible to children on the spectrum, patrons with diverse neurological needs, the elderly and those who are not native English speakers. Every production is thoughtfully selected and produced to bring only the very best to audiences. Kristianne Kurner, A.J Knox, Alex Goodman, Samantha Ginn and so many of the actors and others give their all to bring us a thriving cultural center. We NEED NVA even more than it needs us. Please support our local gem. Respectfully, Andrea Dykes From: Sent: To: Subject: Friends of Carlsbad, John Webster Friday, February 7, 2020 5:31 PM Council Internet Email SUPPORT FOR NEW VILLAGE ARTS We have enjoyed multiple shows at the theatre since moving here from Pacific Beach 3 years ago, in fact we have gone to the Theatre more than 4 times. I believe New Village Arts should be the beginning of developing the Carlsbad downtown into a eating and entertainment destination and provide outlets for artists, musicians, crafters and actors to express and share their craft. This could allow us in time to be like the 50-60's Laguna Beach culture. As a local artist and musician, I hope to be among those helping to take Carlsbad towards that Art Village culture. Thanks, John Webster Carlsbad resident CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 38 Andrea Dykes From: Sent: To: Subject: Wendy Hein Friday, February 7, 2020 5:12 PM Council Internet Email New Village Arts Dear Carlsbad Council Members, I am writing to support the continuation of this amazing community theatre in our Carlsbad Village. It has been a wonderful asset for our downtown area in Old Carlsbad. Our local restaurants and businesses have benefitted greatly by the increased foot traffic a local theatre can bring to our area. I believe our Carlsbad economy has improved through the support of this local gem, as well. My husband, family members, friends and I have all enjoyed attending numerous productions (plays, musicals, concerts) offered at this venue over the years. And, having this local theatre in our city has helped to bring attention to Carlsbad as a cultural mecca for live entertainment in North County, San Diego. It would definitely be a tragedy to lose this popular theatre in the Carlsbad Village. New Village Arts has been a real boon to our community in terms of culture, art and local economy. What a treasure it has become in Old Carlsbad and the surrounding areas of Oceanside, La Costa, San Marcos and Encinitas. How very lucky is our city to have NVA in its midst! I thank all of our Carlsbad Council Members for their continued support of NVA. Sincerely, Wendy Hein Resident, Old Carlsbad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Andrea Dykes From: Sent: To: Subject: OSBORNE, JOHN R Friday, February 7, 2020 5:09 PM Council Internet Email Support for New Village Arts. Dear Mayor and City Council members, I have witnessed the transformation that New Village Arts has made the past 7-10 years with a re-invigorated board of directors and community following. As a patron, I believe they are more than worthy of the city's financial support in committing to the type of Arts and Culture that help make Carlsbad a thriving and vibrant city. A thriving Arts scene increases property values and Transit Occupancy Tax dollars easily recouping the investment the city should make in supporting New Village Arts. It is a "no-brainer" to invest in the Arts and, in particular, New Village Arts. I urge your steadfast support of New Village Arts. John Osborne Director External Affairs CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 2 Andrea Dykes From: Sent: To: Subject: Dear Council, cynthia VanBiene Friday, February 7, 2020 4:53 PM Council Internet Email NVArts Please do not consider causing the New Village Arts Center to close its doors! There is not another place like it anywhere nearby. I was so excited when I found it and would be very sad and disgruntled to see it go. Please help us to keep them in the Carlsbad Village! Thank you, Cynthia Vanbiene A patron and lover of keeping the Arts alive and accessible! Sent from my iPhone Enjoy the next flower you pass Cindy CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 3 Andrea Dykes From: Sent: To: Subject: Roslyn Katz Friday, February 7, 2020 4:50 PM Council Internet Email New Village Arts Theatre: Dear Council Members: This theatre, so long part of Carlsbad's cultural offerings, has been a source of both pride and pleasure to me, my friends and my daughter. Carlsbad should and must continue to support it. It is one of the things that makes Carlsbad a destination city and a proud community. Sincerely, Roslyn L. Katz, , Carlsbad, 92011-3318. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 4 Andrea Dykes From: Sent: To: Subject: JANICE RUPERT Friday, February 7, 2020 4:36 PM Council Internet Email New Village Arts ..... the performances of the village art continue to get better and better. It is so wonderful to have this performance art in our community . Please continue to support this company for the city of carlsbad. It is much needed, please renew the contract or lease . CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 5 Andrea Dykes From: Sent: To: Subject: To the city o Carlsbad council: dorothy wood Friday, February 7, 2020 4:23 PM Council Internet Email New Village Arts theater The NVA theater is a true asset to Carlsbad. I have had season tickets for a long time. Their productions are extremely good. When you consider the small area of their stage, they truly work miracles. They are worthy of all our support. Dorothy B. Wood CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 6 Andrea Dykes From: Sent: To: Subject: scwest6 Friday, February 7, 2020 4:18 PM Council Internet Email New village arts support I have season tickets to the NVA and each and every play has been an excellent performance and sold out. Since north county lacks good quality cultural events, it is exciting that Carlsbad can offer live theatre to the community and we don't have to travel to San Diego. I one thing that gives a city prestige and a high rating as a livable city is the culture experience . New village arts adds to the cultural experience in this beautiful city of Carlsbad . To the Carlsbad council thank you for supporting New village arts Susan westlund Carlsbad resident Sent from my T-Mobile 4G LTE Device CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 7 Andrea Dykes From: Sent: To: Subject: Diane Mandie Friday, February 7, 2020 4:14 PM Council Internet Email New village arts I live in Encinitas and have plenty of choices for enjoying theater. But I continually come to Carlsbad for the high level of production offered by New Village Arts. In fact, that is the thing of most interest in your town. They are a great asset. Sorry for any type-o's or weird words. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 8 Andrea Dykes From: Sent: To: Subject: Patricia Mitchell Friday, February 7, 2020 4:10 PM Council Internet Email New Village Arts We are so blessed to have a place right in the village that produces such wonderful plays and music. I love that it is close, safe to get to without a lot of walking, and is close to so many eating establishments. Like so many organizations, it needs community support to continue. I would appreciate any help the City of Carlsbad can provide to continue what they do at this venue Sincerely, Patricia Mitchell Carlsbad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Andrea Dykes From: Sent: To: Subject: Phyllis McNeese Friday, February 7, 2020 4:03 PM Council Internet Email Council Members, The NVA is a wonderful asset for our city. Please give support to them. Thank you, Phyllis McNeese Carlsbad, CA CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Andrea Dykes From: Sent: To: Subject: Dear Carlsbad City Council, Melissa Dennis Friday, February 7, 2020 3:59 PM Council Internet Email In Support of New Village Arts I am writing in support of New Village Arts, a premier theater and arts venue in our beloved Carlsbad. We have attended many shows at NVA over the years and have always been impressed with the quality of the productions and level of professionalism. Just this past summer, I took my teen daughter and her friends to see Little Shop of Horrors. The girls loved the musical and were inspired by the amazing energy and talent of the cast and crew. The opportunity to expose' our family and community to live art at its best is one of the many privileges we enjoy as Carlsbad residents-thanks in great part to NVA. We hope that you continue to view NVA as a vital community partner and continue your support of this extraordinary organization. Best regards, Melissa Dennis Carlsbad 92011 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 3 Andrea Dykes From: Sent: To: Subject: Jane LaFazio Friday, February 7, 2020 3:54 PM Council Internet Email New Village Arts Theatre We LOVE New Village Arts Theatre and having been attending performances there for nearly 16 years, starting at the Jazzercise location. Ever since they moved to downtown Carlsbad, we combined our visit to the theatre with either dinner, snacks, drinks, shopping in the city of Carlsbad. We live in Rancho Bernardo, so without the New Village Arts Theatre, our visits to Carlsbad would be rare. Please continue to support the Theatre, as they are a great asset to the city! Sincerely, Jane LaFazio and Don Strom Jane LaFazio CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 4 Andrea Dykes From: Sent: To: Subject: Jane Colson Friday, February 7, 2020 3:51 PM Council Internet Email New village arts We have lived in the Carlsbad area for two years now and one of our favorite places is the new village arts theatre and gallery. We donate to it annually. Please keep this important part of our community Thank you, Jane Colson Sent from Yahoo Mail for iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 5 Andrea Dykes From: Sent: To: Cc: Subject: Ed Rose Friday, February 7, 2020 3:46 PM Council Internet Email kristia n ne@newvi I lagearts.org New Village Arts I have been a season ticket holder at New Village Arts for over 15 years. The theater is a true Carlsbad gem. Great theater and many programs that support the community. The theater also brings people from outside the general area to the downtown further supporting the local establishments. New Village Arts has become an integral part of the City and helps to define Carlsbad as a special place to live. I hope the City Council will continue to support this fine establishment. Ed Rose Carlsbad, Ca 92008 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 6 Andrea Dykes From: Sent: To: Subject: To whom it may concern, Sara Ellis Friday, February 7, 2020 3:44 PM Council Internet Email Support I drive in rush hour to see shows at NVA theatre. February 6 it took me 1 hour and 45 minutes from SDSU to reach the playhouse The production was amazing, well worth the solo trek I made. I have been traveling this path for 5 years and know good theater. There are theaters in San Diego and they are great but this theater ranks right up there with them. I ask for any support the city can allot for this fine addition to the community. There is nothing that takes the place of live theater for entertainment. Sincerely, Sara Ellis Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 7 Andrea Dykes From: Sent: To: Subject: Dear Carlsbad City Council, Lynette Turner Friday, February 7, 2020 3:40 PM Council Internet Email New Village Arts, Partnership I take this opportunity to express how delighted I have been that this venue exists. It is refreshing that North San Diego County provides local live theater of this caliber. I have been fortunate to attend several of the offerings over the years and encourage the city to continue partnering with this venue. Carlsbad provides this as a local cultural event; it is refreshing not to travel to San Diego for cultural entertainment. Additionally, the local residents/visitors dollars remain in the local community as well as mostlikely providing revenues to the eatery and nightlife businesses. Regards, Lynette Turner CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 8 Andrea Dykes From: Sent: Don Adams Friday, February 7, 2020 3:35 PM To: Council Internet Email Cc: 'New Village Arts' Subject: FW: Call to Action -Tuesday 2/11 Carlsbad City Council Members: I received the e-mail below from NV A today. I live in Salt Lake City, but also own a condo in Encinitas. My wife and I get to Encinitas about every other month for two weeks. Each time before we come, we check with NV A for their events schedule. We then make event reservations on-line before we even arrive in Encinitas. The day of the event we drive up to Carlsbad for dinner before the event. We have seen many dozens of events at NV A over the years. I also have three children and their spouses who do the same thing when they "borrow" our condo. They live in Salt Lake City, Denver, and Cheyenne. A loyal supporter of NV A. Sincerely, OOZJ. Dr. Donald F. Adams, President From: New Village Arts Sent: Friday, February 07, 2020 3:47 PM To: Subject: Call to Action -Tuesday 2/11 9 Hello Donald, New Village Arts needs your help. On Tuesday, February 11th (which just so happens to be "New Village Arts Day" in Carlsbad), the Carlsbad City Council will be discussing their "Consideration of a city partnership with New Village Arts." NVA has had a long and proud relationship with the City of Carlsbad, and as a nonprofit organization, we pride ourselves on our significant cultural, social, and artistic contributions to Carlsbad, North County, and San Diego as a whole. We are currently issuing a call to action from our supporters. We need your help to show the City of Carlsbad that we are a vital asset to Carlsbad Village and the City of Carlsbad. We know you love our plays and musicals, educational programs, outreach opportunities, concerts and cabarets, and visual art spaces, and now we ask that you share your personal stories about how NVA has benefited our community, and even how NVA has contributed positively to our local economy. There are three ways you can help, and we hope that you will consider at least one of them: 1. Write a letter or email of support and send to council@carlsbadca.gov or City of Carlsbad, 1200 Carlsbad Village Drive Carlsbad, CA 92008 2. Attend the Feb. 11, 2020 Council meeting at 6 p.m. Council Chamber, 1200 Carlsbad Village Drive Carlsbad, CA 92008 3. Provide comments to the City Council at the Feb. 11, 2020 Council meeting at 6 p.m. • Fill out a speaker request form, located in the foyer. • Submit the form to the City Clerk before the item begins. • When it's your turn, the City Clerk will call your name and invite you to the podium. • Speakers have three minutes to share why New Village Arts is important to you. Please consider extending your support of NVA beyond your usual ticket purchases, season subscriptions, or donations. Hopefully, with your assistance, NVA can establish a continued partnership with the City of Carlsbad, and continue to be a valued cultural hub in Carlsbad. Sincerely, Kristianne Kurner Co-Founder and Executive Artistic Director New Village Arts, Inc. 2787 State Street I Carlsbad, CA 92008 10 I www.newvillagearts.org I info@newvillagearts.org CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 11 Andrea Dykes From: Sent: To: Subject: Nancy Hitchcox < Friday, February 7, 2020 3:31 PM Council Internet Email New Village Arts Theater New Village Arts Theater brings people from all over the county to Carlsbad because of the high quality of their theater offerings and the added benefit of the adjacent art studios. I live in Poway and wouldn't otherwise go to Carlsbad because ofthe distance, but once I'm there to go to the theater I almost always patronize one of your fine dining restaurants. New Village Arts is valuable to Carlsbad and I hope the city council will do what it can to keep it as a viable part of the city's offerings. Nancy Hitchcox Poway, CA 92064 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 12 Andrea Dykes From: Sent: To: Subject: Ellie Bonner Friday, February 7, 2020 3:26 PM Council Internet Email New Village Arts Please support the partnership with New Village Arts. It is such an asset to the people of Carlsbad. We so enjoy live theater so close to home .. Looking forward to your support, Ellie and Vern Bonner, , Carlsbad 92011 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 13 Andrea Dykes From: Sent: To: Subject: Dear City Council Members, Judy Levin Friday, February 7, 2020 3:21 PM Council Internet Email New Village Arts theatre I am writing regarding New Village Arts theater. They have been a vibrant part of our social and cultural life in Carlsbad. Each year they present innovative, and classic theatrical productions. New Village Arts continues to provide wonderful theatrical experiences from drama, to large musicals (in magnificent adaptive ways), to rollicking comedies. Their play readings give voice to actors, aspiring playwrights, and new audiences who might otherwise never attend theater. Along with their musical concerts and dance performances as well as cooperation with the Latino arts programs, New Village Arts highlight what is one of the best features that Carlsbad has to offer generations of both local and tourist populations. We are very happy to be a part of the NVA community. Stan and Judith Levin p CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 14 Andrea Dykes From: Sent: To: Subject: Rae Newman Friday, February 7, 2020 3:17 PM Council Internet Email New Village Arts shines brilliantly! I have come to appreciate the dedication to exciting theater that the creators at New Village Arts have gifted us with. Each time I attend one of their theater Productions I am wowed by the quality and thoughtfulness of the creative and sometimes controversial pieces this company has taken on .. The theater itself is so beautiful with its connection to the artist studios which is unique to this theater. As a dedicated Patron I submit that this theater brings a wealth of entertainment that is poignant and available to all. Sincerely Rae Newman Get Outlook for Android CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 15 Andrea Dykes From: Sent: To: Subject: Dear Council Members, Marcia Venegas-Garcia < Friday, February 7, 2020 3:16 PM Council Internet Email Urge Support for New Village Arts Theater I have been a theater-goer for years but found myself at a loss for that artful experience since moving to Carlsbad in 2007. I am 76 and live alone. I no longer drive long distances and seldom drive after nightfall. Last summer I was able to attend a matinee production of "A Weekend With Picasso" at the New Village Arts Theater and was surprised at the quality of the experience. There I met other senior play-goers who told me they drive from Orange County and inner-city San Diego to attend plays here. More surprise. I urge Council Members to support the New Village Arts Theater so that I and other seniors like me can continue to enjoy quality plays given our limitations. Marcia Venegas-Garcia , Carlsbad 92010 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 16 Andrea Dykes From: Sent: To: Subject: andrew mitchell Friday, February 7, 2020 3:03 PM Council Internet Email New Viiiage Art Theater I am a resident of Oceanside. I feel that the theater is a tremendous asset to the community and the entire San Diego community. The performances have been OUTSTANDING. I look forward to many more performances there. The location is perfect. ARM Sent from Yahoo Mail on Android CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 17 Andrea Dykes From: Sent: To: Subject: Marla and John Jensen Friday, February 7, 2020 3:03 PM Council Internet Email New Village Arts NVA is an important part of the cultural fabric of Carlsbad. My wife and I greatly enjoy the performances and suupor the theatre. Please continue to support this worthy member of our community. John Jensen 92009 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 18 Andrea Dykes From: Sent: To: Subject: Friday, February 7, 2020 3:01 PM Council Internet Email New Village Arts The New Village Arts Theatre is an incredible contributor to the culture of the city of Carlsbad. The quality of the productions, the intimacy of the theatre, and the connection to the Artists Studio cannot be matched any where else in San Diego County. I hope the city of Carlsbad will provide as much financial assistance as possible. Edward T. Koch CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 19 Andrea Dykes From: Sent: To: Subject: Vernon Bonner Friday, February 7, 2020 3:00 PM Council Internet Email NVA We want to add our support for the NVA in Carlsbad Village. We consider it a significant contributor to the Village art scene. Having live theater downtown adds value to the community and places Carlsbad among the top cities along the coast. Vern & Ellie Bonner Carlsbad, CA 92011 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 20 Andrea Dykes From: Sent: To: Cc: Subject: Hi Folks, Colleen Lukoff Friday, February 7, 2020 3:00 PM Council Internet Email Alex Goodman Support of New Village Arts We have been supporters of New Village Arts for a number of years now. We appreciate the plays, as well as the other community engagement opportunities they provide to engage others. We appreciate the ways they employ to make their activities affordable to a wide array of community members. While we are not residents of Carlsbad, attending events with New Village Arts is the primary draw for us to come to your city, and spend money there. Please do all you can to continue supporting them, and if possible increasing partnership opportunities as well. Thanks, Colleen and Allan Lukoff Colleen and Allan Lukoff CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 21 Andrea Dykes From: Sent To: Subject: To the City Council, Sandi Meyer Saturday, February 8, 2020 11:08 PM Council Internet Email New Village Arts All Receive -Agenda Item u C, For the Information of the~ CITY COUNCIL Date~ha CA )( cc )c; CM _)(Coo_ COO .!S_ DCM (3) 6- We are residents of Carlsbad and have lived here here for over 30 years. We understand you will be considering a city partnership with New Village Arts at your February 11th meeting. We wanted the entire council to know how important we think New Village Arts is to Carlsbad. The Council needs to make sure New Village Arts is a permanent fixture in Carlsbad. Therefore, we encourage you to do whatever needs to be done to make thathappen. We have been season subscribers for over twelve years. Carlsbad is fortunate to have New Village Arts in our community. New Village Arts adds to the variety of cultural experiences Carlsbad has to offer. Additionally, in addition to plays, concerts and readings, NVA provides learning and growing experiences for all ages, abilities and backgrounds. The theater is intimate, which is a big plus. There is not a bad seat in the house. The professional caliber of the actors, directors, staff, designers, etc. are top notch. New Village Arts is one ofthe many reasons we love living in Carlsbad. It is indeed a pleasure to be able to go to an excellent play in our own community and dine in any of the wonderful restaurants we have here in our beautiful village. We hope you will partner with New Village Arts. It can only make Carlsbad even better. Sincerely, Bruce & Sandi Meyer CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 26 Andrea Dykes From: Sent: To: Subject: Penny Johnson Saturday, February 8, 2020 10:46 PM Council Internet Email CVA CVA is the best! It is a great part ofthe village environment. Dinner in the village and the going to the CVA beats driving into San Diego!! Penny Johnson Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 27 Andrea Dykes From: Sent: To: Subject: I support New Village Arts. Thank you, Bridgette Roberson Bridgette Roberson < Saturday, February 8, 2020 7:42 PM Council Internet Email I support New Village Arts. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 28 Andrea Dykes From: Sent: To: Subject: Carl Meisterlin Saturday, February 8, 2020 5:53 PM Council Internet Email New Village Arts My Family STRONGLY SUPPORTS The New Village Arts & All it's Efforts On Behalf of the City Of Carlsbad & Have For Several Decades!!!! Carl W. Meisterlin, 872 Hollyhock Ct. Carlsbad, Ca.92011. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Andrea Dykes From: Sent: To: Subject: Dear Carlsbad City Council, Aleta Barthell Saturday, February 8, 2020 4:17 PM Council Internet Email Please continue your partnership with NVA in Carlsbad Village! My name is Aleta Barthell, and my youth education program, Kids Act, has been at New Village Arts Theatre for over ten years now. For me teaching acting and playwriting at professional working theater has been a dream come true. A parent just told me the other day how grateful she was that we were there. "There's nothing else like it in the area," she explained. I have many students who walk to their acting classes at NVA from their homes in Carlsbad Village. My program educates a range of students from ages 4-14: -those interested in exploring acting for the first time -working young professionals who hone their skills at NVA and travel to LA for auditions -shy participants who are looking for confidence to express themselves -students for whom English is not their first language and are looking for ways to build confidence in the language Some of my students have been with me for the full decade that we have been at NVA. It has been a home to them and a place of stability. In the recent past five years, Kids Act has partnered with actress Samantha Ginn and New Village Arts to offer courses and productions that feature special needs teens and young adults. At a moment when these individuals are "aging out" of regular social activities, our program gives them a place to grow in their socialization skills as they look to get jobs and live independently. NVA has also opened its space to the Dramatists Guild of America for different panel discussions and workshops for playwrights as a part of their New Play Festival. Finally, as a playwright, NVA offers me a place to develop my work in a nurturing community with high artistic integrity. A piece that I developed at NVA, WINDOW OF SHAME, is currently being considered at the National Playwrights Conference at the O'Neill Center and was a finalist for the HUMANITAS/Centre Theatre Group Playwriting Prize in LA. I hope that the City of Carlsbad will continue its partnership with NVA. Many wonderful things have certainly come from it in these past ten years, and I can't wait to see what the future holds! Thank you, Aleta Aleta Barthell E<IDS ACT ~Puttinq Y'our C'flilcl's I1na nar-icn 1.n u Ac·tjon.' 2 ACT Acting Classes! Students perform their original play Monday Night Live! (Improv workshops for special needs teens & young adults) 4 + NE~ T Scenic student THE\\- Andrea Dykes From: Sent: To: Subject: To Whom It May Concern: susie behr Saturday, February 8, 2020 3:15 PM Council Internet Email New Village Arts Theatre It is my understanding that the life of the New Village Arts Theater may be threatened ...... Oh no!!!!! For many years I was a yearly theater subscriber to this wonderful place. I lived in Encinitas at the time, and I considered driving up to Carlsbad, eating a meal, and attending wonderful theater in a charming and personable setting to be a highlight of each month. I even volunteered at the theater. 2 1/2 years ago I moved out of state, and have greatly missed that intimate theater experience. I have continued, however, to gift my adult children with theater tickets at NVA. Even my grandchildren have enjoyed NVA theater. I am very happy to say that I am returning to live in California .... Carlsbad to be exact....and am anticipating my New Village Arts experience! I have no idea why terminating the New Village Arts home is being considered. All I know is that it has been a tremendous contributor to the north San Diego coastal area, and would sorely be missed. If there is anything I can do to assist in keeping the New Village Arts healthy and happy, please feel free to contact me. Thank you for your time ..... Sincerely, Susan Behr CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 6 Andrea Dykes From: Sent: To: Subject: Hello Becca B Saturday, February 8, 2020 2:37 PM Council Internet Email New Village Arts My son and I have lived in Carlsbad Village for many years. NVA has been invaluable in my sons development. From seeing professional performances and his experience with Kids Act, his development and interests have been positively affected by NVA in ways too numerous to articulate. I hope the city continues its relationship with NVA. It is an invaluable resource for local residents and a source of pride for our community. Thank you Rebecca Benrubi Proud Village Resident CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 7 Andrea Dykes From: Sent: To: Cc: Subject: Dear Carlsbad Council, Carolyn Funes Saturday, February 8, 2020 12:38 PM Council Internet Email Kelly -NVA NVA Thank you for your wisdom in supporting NVA. NVA enriches and adds delight to my life. I have subscribed since it began it's residence in the village. It's presence gives me pride in being part of this community. Beyond the pleasure as an audience in seeing the wonderful plays, I applaud the amazing work they do with special kids and the diversity of their casts. The arts, visual and performing, heal and give meaning to our lives. Thank you for your continuing support. Sincerely, Carolyn Funes Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 8 Andrea Dykes From: Sent: To: Subject: Dear Council Members, Saturday, February 8, 2020 12:05 PM Council Internet Email Village Arts Please continue to support the Village Arts Theater as it is an asset to our community by promoting talent, entertainment as well as jobs for our local artists. We attend shows and hope to continue in the future because of its location. Thank you for continuing your support for our local theater. Rosemary and Ed Szymczak Carlsbad residents CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 9 Andrea Dykes From: Sent: To: Subject: Dear Council: Justin Peek Saturday, February 8, 2020 11 :58 AM Council Internet Email Partnership with New Village Arts It has come to my attention from the verbiage at bottom that the city of Carlsbad is considering a partnership with New Village Arts. Thank you! This is a letter from a citizen to state that NVA is a special gem within our community that ought to be supported by the city. I hope each and every council member understands and reflects on just how fortunate we are to have a theater of such repute, organization, leadership and quality right here in a population of just over 110k. NVA is the envy of cities much, much larger than ourselves. Having grown up in North East London, England, attending West End productions regularly, it's like having a miniature version right here in our town. That is so special and unique! NVA's programs reach all demographics of Carlsbad citizenry. Please support them, they need it and we all benefit. I look forward to the partnership you create with them. "On Tuesday. February 11th (which just so happens to be "New Village Arts Day" in Carlsbad), the Carlsbad City Council will be discussing their "Consideration of a city partnership with New Village Arts." NVA has had a long and proud relationship with the City of Carlsbad, and as a nonprofit organization, we pride ourselves on our significant cultural, social, and artistic contributions to Carlsbad, North County, and San Diego as a whole" Kind Regards, Justin Peek South Carlsbad resident in 92009 -Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 10 Andrea Dykes From: Sent: To: Subject: Dvora Gittelson Saturday, February 8, 2020 11 :27 AM Council Internet Email Support New Village Arts Dear Councill Members: We urge support of the New Village Arts Theatre. As residents of Carlsbad, we have enjoyed their creative productions for many years. They are a vital part of our community and provide an important addition to the Arts available to our city. Sincerely, Mr. and Mrs. Robert Gittelson CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 11 Andrea Dykes From: Sent: To: Subject: Attachments: Barbara Mannino Saturday, February 8, 2020 10:49 AM Council Internet Email Letter of Support for NVA NVA Support Letter signed.docx Please see attached. Thank you CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 12 Andrea Dykes From: Sent: To: Subject: Dee Silver Saturday, February 8, 2020 10:26 AM Council Internet Email; Kristianne Kurner New Village thearter New Village is an organization that is very supportive of and for the city of Carlsbad and has many out reach programs that are of great supportive benefits for the community and brings much good attention to Carlsbad and bring many people to Carlsbad from many parts of the county. I am one, I help support the theater, and supports businesses and restaurants in the area. Dee Silver M.D. Rancho Santa Fe. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 13 Andrea Dykes From: Sent: To: Subject: BJ Boland Saturday, February 8, 2020 9:44 AM Council Internet Email NVA SUPPORT Living in the La Costa area, we don't get into the village as often as we once did because of traffic on 5. We used to come in for breakfast, lunch or dinner on a regular basis. But We always make it in for dinner, theater, and dessert. We would very much like the city to continue supporting NVA. As livable as Carlsbad is, we would miss having local theater. The Dove has a series of good art shows, but we would hate for theater to disappear. Can you imagine kids going off to college never having seen live theater? And when we come downtown with out-of-town friends, we always show off our studio and theater space. Along with the COAL gallery, Lunch and shopping, it makes coming downtown an afternoon adventure. I hope you'll support our local theater troupe BJ and Peter Boland CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 14 Andrea Dykes From: Sent: To: Subject: SallyWillis < Saturday, February 8, 2020 9:42 AM Council Internet Email Supporting the NVA I'm writing to express my support for a continued partnership between Carlsbad and the NVA. This is not only a jewel within our city but shows the appreciation for the arts and culture among our city leadership. Please continue this relationship to keep Carlsbad the multi-cultural city we all love. Respectfu I ly Sally Willis Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 15 Andrea Dykes From: Sent: To: Subject: Chris Hayes Saturday, February 8, 2020 9:28 AM Council Internet Email Support for New Village Arts Dear Council Members: my wife and I moved to Oceanside from the Bay Area two years ago, and we have been delighted by the plethora of live theater available in this region of the country, and especially the New Village Arts, so conveniently situated in the heart of downtown Carlsbad. We urge you to continue to support this jewel, not just at your upcoming council meeting but to help enable it to thrive and expand going forward. Live theater brings us so much enjoyment, and we wish it to continue to be available to us, our children, and our children's children. Yours sincerely, Chris & Joyce Hayes Sent from AT&T Yahoo Mail on Android CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 16 Andrea Dykes From: Sent: To: Subject: Judy Sonnet < Saturday, February 8, 2020 9:16 AM Council Internet Email New Village Arts I'm writing in support of New Village Arts. Its impact on our community's cultural experiences is something of which we should be proud, the educational outreach fully inclusive and the benefit to our local economy measurable. NVA is a Carlsbad jewel and deserves its city's support! Thank you, Judy Sonnet Village Resident CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 17 Andrea Dykes From: Sent: To: Subject: Hello, Clark Burnett Saturday, February 8, 2020 9:06 AM Council Internet Email Support: Consideration of a city partnership with New Village Arts I am a resident of San Diego and attend several New Village Arts productions each year. The quality is always top-notch! In fact, I am attending "Murder for Two''tonight with a retired co-worker. I always attend with between one and seven other San Diegans, and we always "make a night of it" by eating dinner and desserts, and having drinks at various nearby establishments in Carlsbad. New Village Arts greatly enhances your city's regional reputation and makes Carlsbad a much more frequent "must visit" destination. Take care, Clark Clark Burnett CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 18 Andrea Dykes From: Sent: To: Subject: Kaye Thompson Saturday, February 8, 2020 9:01 AM Council Internet Email New Village Arts Theater Please do what you can to support NVA. It is an excellent theater and contributes so much to the sophistication of the community. I live in Oceanside and work in Carlsbad and I love knowing that my community has such a precious gem. Kaye Thompson Kaye Thompson CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 19 Andrea Dykes From: Sent: To: Subject: Barbara Rubin Saturday, February 8, 2020 8:52 AM Council Internet Email New village arts My husband and I have lived in Carlsbad for one year. During this time one of our favorite activities is to take our family when they visit to see a play at the Village Arts. It was the first thing we did with our grandson. He dressed up, we ate dinner in town, loved the show and of course got ice cream after. It epitomized our love for this town. At every new show we plan an evening around seeing the show with friends and family. I hope we can continue to enjoy the Village Arts even more in coming years. Thank you, Barbara Rubin Sent from my iPhone Barbara Rubin CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 20 Andrea Dykes From: Sent: To: Cc: Subject: Dear Council Members, Lory McGregor Saturday, February 8, 2020 8:43 AM Council Internet Email New Village Arts New Village Arts Partnership I was alerted to the upcoming meeting by NVA and wish to express my strong endorsement of the local theatre and programs they offer. We attend several plays, concerts and events at the theatre each year and appreciate having a local venue for arts. I'm sure the theatre is good for local businesses as we always eat dinner and stroll the village before or after attending an event there. I sincerely hope you will continue to support New Village Arts, which is beneficial to the village culture as well as local residents. Lory McGregor Carlsbad Resident since 2005 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 21 Andrea Dykes From: Sent: To: Subject: Dear City Council, Teri Katz Saturday, February 8, 2020 8:29 AM Council Internet Email New Village Arts I am an occasional patron of the charming New Village Arts Theater. I last brought my granddaughter from Orange County to see a performance there which we so enjoyed! Although I'm not sure what is going on with the City of Carlsbad and it's partnership with the theater, as I live in Fallbrook, (and do not keep up with your local news), I would like to express my opinion that this theater is a unique gem for your community. Hopefully, you will continue to support it in any way necessary to keep the doors open. Such local theaters are valuable to their towns in immeasurable ways, adding to the charm of any town, as well as the community spirit. My experiences there have been nothing but positive! I plan on continuing to support this theater in the future. Hopefully, Carlsbad will too. Sincerely, Teri Katz Fallbrook CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 22 Andrea Dykes From: Sent: To: Subject: Tony Loeffler Saturday, February 8, 2020 8:20 AM Council Internet Email In support of New Village Arts Please contime funding assistance for NVA in anyway possible. Tony Loeffler Carlsbad CA CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 23 Andrea Dykes From: Sent: To: Subject: Tina Visingardi Saturday, February 8, 2020 8:19 AM Council Internet Email Support We understand that there is going to be a meeting regarding your continued support/partnership for the NVA theatre. I (we) would hope that you would continue your partnership with this fine organization! We love all that NVA has to offer. The plays, musicals, educational programs, just to mention a few, are exceptional and add benefit to our great city for tourists and locals alike! If I can offer any other recommendations or support please allow me that opportunity! Regards Tina I Visingardi Sent from my iPhone (please excuse the typos) CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 24 Andrea Dykes From: Sent: To: Subject: Tany Toyen Saturday, February 8, 2020 8:19 AM Council Internet Email Support New Village Arts Theater Yes, this theater not only produces wonderful plays, but is a community landmark for entertainment and meeting up with friends. I'm an usher, and many of us appreciate the opportunity to volunteer and in return enjoy the plays that might otherwise be unaffordable -even though the prices are lower than most community theaters. This venue also provides opportunity to volunteer backstage in various departments for young and old lovers of theater-yes, please support NVA! Tany Toyen, Carlsbad resident. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 25 Andrea Dykes From: Sent: To: Subject: Linda Sharp < Saturday, February 8, 2020 8:04 AM Council Internet Email NVA I'm writing in support of the New Village Arts theater in Carlsbad. I don't know what plans are in motion to change the current situation, but the theater is a wonderful asset to our community. It offers variety to the village and an opportunity for entertainment not found elsewhere locally. I have been surprised at the quality of productions I have attended. It is perfectly situated for visitors that may wish to Coaster it up to see an afternoon play. I always point it out to Carlsbad visitors and always get a positive response. I don't know what else the city would like to do with this corner. Perhaps another unattractive housing giant to block out the sun down there and snarl traffic? Linda Sharp Carlsbad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 26 Andrea Dykes From: Sent: To: Subject: Dear Sirs/Madams Megan Gamble Saturday, February 8, 2020 7:29 AM Council Internet Email New Village Arts Center NVA is such a classic and classy venue! It is a little jewel in North County. My husband and I, 41 year residents of Fallbrook, find it to be the perfect place for us to go for theatre and dining, before or after. We no longer wish to drive to San Diego to enjoy theatre productions, so this location is perfect for us. We have brought several friends over as well. If it were not for NVA, we wouldn't even be coming over to Carlsbad. Because of its location we have explored more of the "new" Carlsbad and have found a vacation spot or 2 over there which we now enjoy on a yearly basis. Please continue your support for this wonderful theatre. Sincerely, Megan Gamble , Fallbrook, ca CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 27 Andrea Dykes From: Sent: To: Subject: Gene Light Saturday, February 8, 2020 5:46 AM Council Internet Email NVA I would like to extend my support for NVA .... I very much enjoy their shows and were they give the city a place for the arts like other neighboring communities Thank you Sent from my iPhone CAUTION: Do not open attachments or click on~links unless you recognize the sender and know the content is safe. 28 Andrea Dykes From: Sent: To: Subject: Millie Paul Saturday, February 8, 2020 4:59 AM Council Internet Email We support a City of Carlsbad Partnership with New Village Arts Program Dear City Council Members (or whom it may concern), We are fairly new residents (four years) of Carlsbad. One of the enduring qualities and legacies of this community is its arts and culture program. We have not only supported the New Village Arts Program and attended its plays, we have also volunteered for the program many times. We moved to this community because of its strong arts program. Please make it strange by joining with the program to provide great quality plays and entertainment for those of us who reside in the North County. Thank you very much for your attention. Sincerely, John Morley/Millie Paul Carlsbad, CA 92008 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 29 Andrea Dykes From: Sent: To: Subject: Sent from my iPhone j Friday, February 7, 2020 9:58 PM Council Internet Email New VillageArts Theater My husband and I are snowbirds who have a condo in Carlsbad and have owned it for 45 years. When we retired we decided to spend more time here. Our dear granddaughter gave us a wonderful Christmas gift of tickets to a play at the Carlsbad New Village Arts Theater, and it has become a tradition. We have brought guests recently and found the talent and quality of the programs to be excellent. The theater is intimate and in an artistic location and atmosphere. The staff has been helpful in providing seating in the first row for my husband who is handicapped. We hope to attend many more excellent productions with their talented actors and musicians. Thank you , Carlsbad, for such fine entertainment Janice M. Gehrman CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 30 February 7, 2020 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 council@carlsbadca.gov Dear Decision Makers; ALL RECEIVED We are writing to thank and appreciate the image of Art and Performance that New Village Arts, the Foundry has bestowed upon the wonderful city of Carlsbad. We have been associated with the theater and the Art addendum for years for we love the productions and the uniqueness and creativity of the artists, especially a member of our family who has a cubicle where he can create his masterpieces and visit like-minded artist. We love the theater productions as they are so real and quaint as we view within arm's length distance to the performers. We have seen the best of the best, that enlightened our souls. Love is a more appropriate descriptor of our experiences. We love the Foundry and hopefully the vision for the future. With this letter we show our support and hope for a continuation of the same as the pressures of economics try to change the concept. We eagerly anticipate the future that will continue much like it is today keeping the same friendly, quaintness, and efficacy that is now and we hope forever. Very respectfully, Ray and Heidi Striler fkuol/ Jf, ~ & Andrea Dykes From: Sent: To: Cc: Subject: Dear Council Members: Susan Estrada Sunday, February 9, 2020 11 :10 PM Council Internet Email Susan Estrada New Village Arts My husband and I recently purchased a home in the Village area. We were excited to see the New Village Arts theatre so close to the house. We have attended 3 plays in the last few months and truly enjoyed them. The New Village Arts and the Foundary are gems in the neighborhood. They provide access to the arts which is much needed in the Village. They are great supporters of other businesses in the area and a terrific anchor for quality nightlife in the Village. I hope that you consider their contributions to the area and help support their great mission. Sincerely, Susan Estrada Carlsbad, CA 92008 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 2 Andrea Dykes From: Sent: To: Subject: Marsha Monday, February 10, 2020 6:28 AM Council Internet Email NVA Though a LONG time resident of Carlsbad, I came from the East Coast and one thing ( perhaps the only thing) I knew I would miss was my access to live theater. I have since seen the error of my thoughts in that I have been a subscriber to the Civic Theater, LA Jolla Playhouse but perhaps I am most impressed with our own little theater" that could"! The quality of shows, variety and talent of the performers is remarkable and truly is a solid reason for community pride. Theater is so important to society for it is through the Arts that we soar. Let's do everything we can to continue and grow our partnership with NVA as the most worthy of endeavors With gratitude, Marsha Dufour Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Ka lin McCaule From: Sent: To: Subject: Lori Magnusson Monday, February 10, 2020 11 :51 AM Council Internet Email New Village Arts I am writing this letter of support to the Council for New Village Arts. I have been a 30+ year resident of Carlsbad and feel it is vital for our city to continue to support the arts, specifically the New Village Arts. They have brought terrific plays and musicals, educational programs, and outreach opportunities to our community. I want to support local artists, I have enjoyed their productions and I don't want to drive to San Diego for my entertainment. Please support a partnership with New Village Arts which helps keep Carlsbad on the top of the list for great cities to live in. Sincerely, Lori Magnusson Carlsbad CA 92009 I CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Ka lin McCaule From: Sent: To: Subject: Dear Carlsbad City Council, Mary McCaw < Monday, February 10, 2020 11 :54 AM Council Internet Email New Village Arts supporter We're writing in support of New Village Arts. We love attending the plays as season ticket holders and the occasional music concerts such as Tim Flannery and Berkley Hart. We also enjoy arriving early to visit the art studio next door and have often bought a piece of art to take home. Going to NVA brings us to the village of Carlsbad for lunch or dinner as we drive up from Carmel Valley. We especially appreciate that there is always parking available. It's also much more convenient than going to The Olde Globe and the quality of the performances are outstanding and innovative. It's a unique experience and we always tell our friends about it. We noticed the front facade is looking worn but it could be easily updated with something like corrugated metal and really make it standout. Downtown is looking better and better, by the way. We hope the city of Carlsbad realizes what a special jewel they have in NVA. Mary and John Mccaw San Diego CA. 92130 Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Hector Gomez From: Sent: To: Cc: Subject: Hi Matt, Cori, Priya, Keith ~ Bob Lin Monday, February 10, 2020 11 :49 AM M11 r.eLe1ve -f-\genaa 1rem fl _12._ For the Information of the: CITY COUNCIL Date~CA)£_CC~ CM JC.. COO )r DCM (3) X Matthew Hall; Keith Blackburn; Priya Bhat-Patel; Cori Schumacher City Clerk New Village Arts & City Council Hearing 2-11-2020, Item 6, my complete Opposition to Staff Report I am writing you today both as the President of the Board of Directors of New Village Arts and more importantly as a concerned long-term resident of Carlsbad. First, let me share that I am aware that you have received letters from both Sue Loftin our Vice President and from Kristianne Kurner our Executive Artistic Director and Founder. I am in agreement with everything shared in both of those letters and wanted to add my perspective and thoughts to the issue at hand. Second, let me share that myself, the entire board at New Village Arts and our entire staff are collectively so appreciative of our "partnership" with the city and the benefits that are derived from this partnership to the Village and it's local businesses, to the residences of Carlsbad and North County and to certain vulnerable communities that are often not served by arts organizations. As I believe both Sue and Kristianne's letters detailed those projects and the associated economic impacts I will not repeat them here. What I would like to review, is the staff report I read this weekend. To be quite direct, I was shocked by the tone, the factual inaccuracies and the way it was presented. Maybe this is all just a tremendous miscommunication between the Staff and NVA, but please understand that from our side it seemed to purposely paint an unfavorable picture of NVA. We have no guess as to why staff would what to do this. Before I get into the details below, please understand that we believe we are on the same team. As our elected representatives you all work prodigious hours for what I understand is very low pay. You are all doing this job to make our city better. The same can be said for the entire board of New Village Arts, we donate a tremendous amount of time and our own money to improve the quality of life here in Carlsbad. We are NOT a for-profit company trying to negotiate the best deal possible from the city to run our business and make a profit. Every extra dollar available is put right back in to our city. Now some history on how we got here. One year ago, Scott White met with both the city manager's office and the attorneys office, to get their insight and perspective on the long-term plans for NVA in the Village including the renovation of the current property and a capital campaign to support a "Public/ Private partnership" to do so. City staff made it clear that they take direction from the City Council and we should see what the City Council would like to do. Accordingly, in March of 2019 we met with Barbara Hamilton, our representative for district #1 and as noted in the staff report on April 9, 2019, City Council approved a minute motion directing staff to agenda as an item to discuss the future of the city partnership with New Village Arts in the fall 2019. 1 In the meantime, our staff continued to work with City staff showing plans and updates from the architect and discussed the Cities part in this Public/ Private partnership to renovate the building. We were told that the commitment from the city of an additional approximately $250,000 for renovations was well within staffs discretion and when we complete the proper documentation that it looked like a great plan and the funding would be approved by staff without needing a formal partnership plan from council. Of course, we understood that the necessary lease extension would need to be approved by Council but not the Cities part of the funding. As a point of reference, the report does note that: "partnerships with both the nonprofit and private sectors are seen as a means to attract new funding to support more arts and cultural activities and establish new revenue streams" This is exactly what NVA has done. We now have, even before the formal fund raising plan, $325,000 in available funding to renovate the state Street building once we secure a long-term lease with the city. Now, here are our concerns. The report appears to be very misleading as it over states the cities financial contributions to NVA over our history and seems to miss characterize other points. Below are just 3 points. I could add several more if you would like : ~ Background information in item 2B is very misleading. Four instance, the Carlsbad Library and Arts foundation is a wonderful organization to support our library's but they are not burdened with the need to pay for the staff in the libraries or the utilities of the library building. Further the report while acknowledging that the city provides space for their operation does not try to quantify the financial benefit of that space and yet it tried to do so, incorrectly with New Village Arts. ~ The background information noted in item number 3 is miss leading at best. It states that: "had the property been leased at fair market value rates over the same period, the total rent receive would've been approximately $3,194,818." Later in the document it does mention the most important fact, but not here to put it in the correct context. That is, that the tax exempt bond required the property to be used by nonprofit or for a governmental purpose and was not available and is not available till 2023 to be leased out at fair market value. ~ Later in section 3 the document shares that New Village Arts Theatre received $110,000 in community grant funding from the city. It does note this is since 2002 what it does NOT do is the simple math which becomes: $6470 per year. We would guess this is far less than the other art organizations. What does TGIF concerts in the park cost the city on an annual basis? In a "Public/ Private partnership where private individuals and nonprofit foundations are willing to contribute to a major project it is necessary to have both a long-term lease and plan in place. While we understand that the city may want to consider other uses for the building starting in 2023 that would almost certainly eliminate our ability to raise money and renovate the property. Please note, that we have taken a path that is architecturally sensitive to both the history of the Village and the actual original building. 2 The next steps noted in section 4 talk about studying again and delaying the project. We have waited over three years for the city to spend the already budgeted money to enhance the back of the building which is an embarrassment to the entire city, we don't need more studies we need action. I am asking the City Council to take action one way or the other. As a citizen, I was shocked to hear staff would need to also potentially hire a consultant, which are always expensive. Here are my requests of Council: 1. Direct staff to spend the dollars allocated almost three years ago to enhance the back of the building. Please direct staff to specifically work in concert with NVA staff. For the last four years I have advocated that the back wall could become an art piece that shows the history of the City of Carlsbad done by local artists. The Art Commission or New Village Arts can make this a fun project for the community. A small portion of the back wall should be allocated for the New Village Arts brand as well. 2. Direct staff to add New Village Arts to the signage that is both in the village and surrounds our village that shows the distance and location of various important places in the village. This has been promised for several years but never happens. 3. Approve the $250,000 (potentially a bit more or less as bids are coming in) for the far;:ade improvements to the rest of the exterior of the building as part of this public/ private partnership. NVA is raising all funds for the interior and as noted earlier. We already have $320,000 committed. 4. To facilitate this public/ private partnership and for a New Village Arts to be able to get the funds necessary for all the internal renovations, negotiate a long-term lease between the City and NVA that is equitable to both sides and takes into account the strong economic value brought to the Village by New Village Arts. Thank you for your time in considering my thoughts. Best Wishes, Bob "To learn who rules over you, simply find out who you are not allowed to criticize." Voltaire -18th century CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 3 Hector Gomez From: Sent: Kristianne Kurner < Monday, February 10, 2020 11 :53 AM To: Council Internet Email; City Clerk Cc: Alex Goodman Subject: Attachments: New Village Arts West Wall NVA west wall.pdf Dear Council and City Staff: Attached is one final document we would like to have included for the City Council Meeting tomorrow, Item 6. The document includes photographs of the west facing wall of the facility. Thank you very much for all of your time and attention to this matter. With best regards, Kristianne KRISTIANNE KURNER Executive Artistic Director New Village Arts, Inc. (o) 760.729.8703 I (c) 760.845.8020 www.newvillagearts.org Now Playing at NVA: MURDER FOR TWO CRITIC'S PICK "Ingenious! A snazzy double-act!" -New York Times "A hilarious musical whodunit!" -New York Observer Feb 1 -Mar 1 Previews Jan 24-31 For tickets: www.newvillagearts.org or call 760.433.3245 Mark your calendars for Season 19: The Roommate Mar 20-Apr 19, 2020 I Into the Woods May 8 -June 14, 2020 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 New Village Arts 2787 State Street u West-Facing Exterior (Facing Train Station) Hector Gomez From: Sent: To: Sheila Cobian Monday, February 10, 2020 3:04 PM Hector Gomez Subject: FW: Appreciation for the years of City and NVA success: City Council Hearing 2-11-2020, Item 6 Opposition to Staff Report re New Village Arts Importance: High FYI From: Gary Barberio Sent: Monday, February 10, 2020 2:44 PM To: Sheila Cobian <Sheila.Cobian@carlsbadca.gov> Subject: Fwd: Appreciation for the years of City and NVA success: City Council Hearing 2-11-2020, Item 6 Opposition to Staff Report re New Village Arts Sent from my iPhone Begin forwarded message: From: Matthew Hall <Matt.Hall@carlsbadca.gov> Date: February 10, 2020 at 10:15:26 AM PST To: Gary Barberio <Gary.Barberio@carlsbadca.gov> Subject: Fwd: Appreciation for the years of City and NVA success: City Council Hearing 2-11-2020, Item 6 Opposition to Staff Report re New Village Arts Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Sue Loftin Sent: Monday, February 10, 2020 8:23:23 AM To: Matthew Hall <Matt.Hall@carlsbadca.gov>; Keith Blackburn <Keith.Blackburn@carlsbadca.gov>; Priya Bhat-Patel <Priya.Bhat-Patel@CarlsbadCA.gov>; Cori Schumacher <Cori.Schumacher@CarlsbadCA.gov> Subject: Appreciation for the years of City and NVA success: City Council Hearing 2-11-2020, Item 6 Opposition to Staff Report re New Village Arts Matt, Keith, Priya and Cori, We at NVA all appreciate the opportunity to work with City to provide the numerous benefits to the community and businesses in Carlsbad. I want to make sure that you understand our appreciation of that opportunity and our desire to work with you to continue that relationship. I considered calling you over the weekend but decided everyone deserves a weekend! 1 In response to an email, I provided the following comments: "Everyone at NVA is grateful for the City's "partnership" with NVA to provide the community benefits to Carlsbad residents and businesses. NVA wants to continue to work with the City over a long period of time to continue to provide the community and business benefits to the residents of Carlsbad. The staff report shocked everyone involved with NVA. We worked with staff to extend the agreement and had requested a longer term agreement to have the ability to raise the million dollar plus required for the interior renovation. (NVA requested to negotiate the long term .lease and did not take the position rent would never be paid) The last agreement was delayed pending the completion of the Study organized by staff and participated in by NVA. Based on the study, additional requirements to insure continued access for all were included as NVA obligations. The reason staff provided for not negotiating a longer term agreement was that staff needed to understand what improvements were being proposed and the money to be expended by NVA. Toward that end, NVA retained an architect and submitted for permits with the City. Last week, prior to receiving the staff report, the architect contract was extended with additional scope of work resulting in additional money, time and assets from NVA. Staff is fully aware of these activities and more. That's why the staff report was such a shock to all of us." Thank you in advance for considering the NVA issues. If you would like to discuss this matter, my office number is below and my cell phone number is 858-922-9380. With warm appreciation for all that you provide to NVA and to the community as a whole. I, and my family, have benefit greatly over the decades by the hard work you do. L. Sue Loftin LoftinBedell P.C. This email is confidential. If you receive this email in error, please delete it. The information and/or response contained in this email is not intended to provide legal opinions or complete responses. If you require a legal opinion, please request the same. Otherwise, use any information, legal or otherwise, and/or response with caution. From: Sue Loftin Sent: Sunday, February 09, 2020 2:19 PM To: Matt.Hall@carlsbadca.gov; Keith.Blackburn@carlsbadca.gov; priya.bhat-patel@carlsbadca.gov; Cori Schumacher <Cori.Schumacher@CarlsbadCA.gov> Cc: clerk@carlsbadca.gov; Scott Chadwick (manager@carlsbadca.gov) <manager@carlsbadca.gov>; richard.schultz@carlsbadca.gov Subject: City Council Hearing 2-11-2020, Item 6 Opposition to Staff Report re New Village Arts Importance: High 2 To All, I respectfully request you review this correspondence. The Staff report is objectionable for the reasons set forth therein. To summarize the impact of the plan proposed by Staff: New Village Arts will have to relocate. Simply, performing and visual arts; education, community programs etc. cannot wait to the end of the lease and then wait for an RFP to determine the business location. Many of the programs are planned 12-18 months in advance. Further, the correspondence challenges the facts and conclusions. I think you in advance for your consideration of the attached comments. cc: Board of Directors and other interested parties. Sue Loftin, Esq. Attention: This email has limited purposes. It may not contain the full extent of any conversation related to a specific topic and may not represent legal advice on a specific topic. Emails are abbreviated means of communication and as such cannot be relied upon for a full and complete response to any factual or legal issue. Privileged and Confidential Communication: This email message and its contents are legally privileged and confidential information that is intended solely for the use of the intended addressee. If the reader is not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use of this message and its contents is strictly prohibited. If you have received this email message in error, please contact the sender by reply email immediately and destroy all copies of the original message. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 3 Andrea Dykes From: Sent: To: Subject: To Whom It May Concern: Kim Heil Monday, February 10, 2020 10:30 AM Council Internet Email New Village Arts I am writing to share my support for New Village Arts and the work they have done over the last 18 years. NVA is an integral part of the theatre eco-system in San Diego county. Among other accolades, the work NVA produces is high- caliber, innovative, and inclusive. They have contributed, and continue to contribute, to the growth and vibrancy of the San Diego arts and culture scene. They are an invaluable asset in the Carlsbad community, and I hope it continues to thrive with the support of the City and its community. Thank you for your attention. Sincerely, Kim Heil Kim Heil I Associate Producer & Casting Director San Diego Repertory Theatre I I CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Andrea Dykes From: Sent: To: Subject: Dear City of Carlsbad, tom steward Monday, February 10, 2020 10:18 AM Council Internet Email Email of Support for New Village Arts I am writing in support of continuing the relationship between The City of Carlsbad and New Village Arts, a theatre and arts space which I believe to be a vital part of the community, its culture and economy. I have performed in three productions at New Village Arts and was a playwright in the Final Draft New Play Festival 2020. I have also acted in one of their many and varied youth programs. I have seen firsthand how their commitment to great theatre, art and storytelling that both challenges and entertains is central to the cultural and financial enrichment of the community. As part of the casts of AWAKE AND SING, GUADALUPE IN THE GUEST ROOM and INTIMATE APPAREL, I saw New Village Arts using theatre to speak to the Jewish, Latinx and African-American elements of the Carlsbad community and introduced its predominantly White audiences to issues and ideas surrounding other ethnicities and races in the American experience. NVA's talkback program which occurs on each Sunday of every run and features the cast and crew of the production cements the cultural relevance and discussion of the dramatic worlds shown on stage, taking a piece of performance art and making it a community experience. Furthermore, two of these productions were nominated for the San Diego Critics Circle Awards, putting Carlsbad on the map with regards to the arts scene in San Diego. NV A's partnership with local businesses (Handel's, Pure Brewing) also puts the theatre at the centre of the Carlsbad economy. Final Draft New Play Festival gives local playwrights staged readings and focused talkbacks in front of paying audiences, an indispensable resource for local artists looking to find a platform and market for their work. It is in my opinion the best new play festival in the County, made all the more rewarding by its focus on San Diego playwrights rather than national and/or international writers. Though others are better placed to comment on NVA's youth acting classes, workshops, camps and festivals, I worked as an actor briefly for one of their camps and was amazed at how these programs elicited the voices and talents of the young local theatre artists who were enrolled in them· to maximum effectiveness. For these reasons and more (Kristianne Kurner alone is a blessing to Carlsbad!), I believe that the City of Carlsbad would be much poorer in both economic and cultural terms were it to withdraw support for New Village Arts. Respectfully yours, Tom Steward (02/10/2020) CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 2 Andrea Dykes From: Sent: To: Subject: Hello, Monday, February 10, 2020 9:20 AM Council Internet Email Consideration of a city partnership with New Village Arts. I am writing to voice my appreciation and support of New Village Arts as a vital member of the cultural community of Carlsbad. We have been season ticket holders for nearly 10 years and find NVA's contributions to Carlsbad and its community immeasurably valuable. Not only do my wife and I hold season tickets, but we also find NVA to the best way to expose our children to live performing arts at a professional level. All in all, NVA has enhanced our ties to the Carlsbad community in more ways than I could enumerate. I, and my family, will wholeheartedly support any program or partnership in which the City would lend its support to NVA. Thank you, Andy Fesler CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 3 Andrea Dykes From: Sent: To: Subject: Nanette Newbry Monday, February 10, 2020 9:07 AM Council Internet Email New Village Arts I SUPPORT NEW VILLAGE ARTS. CARLSBAD NEEDS AS MUCH ART AS IT CAN HAVE. THANK YOU. NANETTE NEWBRY WATCH Power of Brand NANETTE NEWBRY I Principal. Creative Director CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 4 Andrea Dykes From: Sent: To: Cc: Subject: Attachments: Kristianne Kurner < Monday, February 10, 2020 9:01 AM Sue Loftin; Matthew Hall; Keith Blackburn; Priya Bhat-Patel; Cori Schumacher; City Clerk; Council Internet Email Alex Goodman Re: Appreciation for the years of City and NVA success: City Council Hearing 2-11-2020, Item 6 Opposition to Staff Report re New Village Arts Impact of New Village Arts.pdf; NVA Proposed Renovation.pdf Dear Carlsbad Councilmembers, Mayor and staff: We are so grateful for all of the support we have received from the City of Carlsbad over the years. We love Carlsbad and we are proud to bring adventurous artistic experiences to our community. We were surprised last Thursday to learn that the topic of our partnership was going to be discussed at the meeting tomorrow, and quickly put together a one-page document that shares both the community and economic impact New Village Arts has had in Carlsbad over the past thirteen years and a rendering of the restoration/renovation we hope to do for the facility. We have been in Carlsbad for a total of nineteen years, but we did not include the early years when we were at the corporate headquarters of Jazzercise. Also, I think the term "partnership" might be misleading. Our main goal is to stay in the Village for as long as possible, creating a vibrant arts scene in the heart of our community. The documents are attached. We hope they can be included in the information shared for the Council Meeting. Please feel free to reach out to me with any questions. I can be reached at this email or 760-845-8020. With gratitude and all best wishes, Kristianne KRISTIANNE KURNER Founder and Executive Artistic Director New Village Arts, Inc. (o) 760.729.8703 I (c) 760.845.8020 www.newvillagearts.org Now Playing at NVA: MURDER FOR TWO CRITIC'S PICK "Ingenious! A snazzy double-act!" -New York Times "A hilarious musical whodunit!" -New York Observer Feb 1 • Mar 1 Previews Jan 24 -31 For tickets: www.newvillagearts.org or call 760.433.3245 Mark your calendars for Season 19: 5 The Roommate Mar 20 -Apr 19, 2020 I Into the Woods May 8 -June 14, 2020 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 6 Andrea Dykes From: Sent: To: Subject: Devora Lockton Monday, February 10, 2020 8:27 AM Council Internet Email New Village Arts I support the continued relationship with the City of Carlsbad and the New Village Arts Theater. NVA has been an important part of the revitalization of the Village and has been a good neighbor to all the citizens of Carlsbad. Devora Lockton CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 7 Ka lin McCaule From: Sent: To: Cc: Subject: Dear Carlsbad City Council, Laurie Forrest < Monday, February 10, 2020 11 :15 PM Council Internet Email New Arts Support for New Village Arts I am writing this note in support of the New Village Arts Theatre. I moved to North County, first to Carmel Valley and then to Del Sur almost 4 years ago and have subscribed to multiple theaters including the Old Globe, La Jolla Playhouse and North County Repertory Theatre. After being in San Diego for almost a year, I discovered the wonderful plays performed by New Village Arts. I have seen Buddy-the Buddy Holly story, Men on Boats, Little Shop of Horrors, A Weekend with Picasso and Intimate Apparel and have attended the shows with one or two friends each time. I will likely purchase a subscription for the next season. I particularly appreciate the gender and racial diversity in New Village Arts selections. This is a hard thing to find in some North County theater. I also enjoy the art space adjacent to the theater and I have taken advantage of trying different north county restaurants, including Campfire and Jeune et Jolie. The theater brings people to Carlsbad and this benefits the local economy. think that New Village Arts is a very valuable cultural asset in Carlsbad and should be supported by the City of Carlsbad. Sincerely, Laurie Forrest, M.D. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Ka lin McCaule From: Sent: To: Subject: Bridget Dolkas Monday, February 10, 2020 4:39 PM Council Internet Email New Village Arts Dear City of Carlsbad Council, As an artist who grew up in Carlsbad when music lessons were free in the public schools, I would like to lend my support of a partnership between the City of Carlsbad and New Village Arts Theater company. I believe they have provided an invaluable connection to the arts in our city and I fully endorse public support for the future. Thank you, Bridget Dolkas CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Ka lin McCaule From: Sent: To: Subject: Candace Sage > Monday, February 10, 2020 3:39 PM Council Internet Email In support of New Village Arts City of Carlsbad City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: New Village Arts Greetings, My name is Candace Sage and I have been a resident of Carlsbad for seven (7) years. About five (5) years ago I was introduced to New Village Arts. I attended a play there that was absolutely stunning in its content, acting, and production. Since that initial experience, I have attended more than two dozen plays, educational programs, and musical productions at New Village Arts. This is my fourth year as a season ticket subscriber. I believe New Village Arts provides our community with a valuable resource for the integration of arts into our lives. In addition to entertaining and thought-provoking plays, I am impressed with the breadth of programming it offers in addition to plays. For example, two young adults who participate in New Village Arts' neuro-diversity program had parts in a recent theatre production. And I was part of an intergenerational program New Village Arts sponsors in conjunction with a local Carlsbad high school. I am so grateful for that experience, which gave me the opportunity to interact with a student in a way that enriched both our lives. I encourage you to support New Village Arts in any and all ways under consideration for the good of Carlsbad's citizenry. The City's backing of New Village Arts will help it to accomplish its mission to "create adventurous artistic experiences to awaken the human spirit". Thank you for your consideration. Sincerely, Candace Sage Carlsbad, California I CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Ka lin McCaule From: Sent: To: Subject: Mayor and Council, Jodi Good Monday, February 10, 2020 3:19 PM Council Internet Email New Village Arts Please continue supporting New Village Arts and the Foundry. The complex is a jewel in the crown of the Village. I attend about four plays a year and go to the Foundry at least once a month. When my friends and I attend the theatre, we invariably dine at one of the local restaurants. It a great attraction for our Village. We need your continued support. Thank you, Jodi Good Carlsbad, 92008 Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Ka lin McCaule From: Sent: To: Subject: Doncaster Steve B Monday, February 10, 2020 12:44 PM Council Internet Email Fwd: "consideration of a city partnership with NVA" FEBRUARY 11, 2020 Sent from VMWare Boxer ----------Forwarded message ---------- From: Doncaster Steve B Date: February 10, 2020 at 1:28:00 PM MST Subject: "consideration of a city partnership with NVA" FEBRUARY 11, 2020 To: council@carlsbad.gov Please consider this the highest praise we can offer for New Village Arts (NVA) as a centerpiece of what makes the Village a vibrant and relevant venue among North Coast communities. We do not miss many performances and frankly would visit the Village far less often without its presence. Steve and Annie Doncaster Carlsbad, CA 92011 I CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Ka lin McCaule From: Sent: To: Subject: Monday, February 10, 2020 12:02 PM Council Internet Email NVA Though I've lived in North County for an eternity, it was only last year that I was introduced to the NVA. How exciting it was to see a fabulous performance, so close to home, and within walking distance of the county's best restaurants. Needless to say, I've returned several times and have introduced this gem of a theater to numerous friends and art patrons. I urge the city council to support a community partnership with the NVA. Sincerely, Tracey Flourie Del Mar, CA Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Andrea Dykes From: Sent: To: Subject: To the City Council, Sandi Meyer Saturday, February 8, 2020 11 :08 PM Council Internet Email New Village Arts We are residents of Carlsbad and have lived here here for over 30 years. We understand you will be considering a city partnership with New Village Arts at your February 11th meeting. We wanted the entire council to know how important we think New Village Arts is to Carlsbad. The Council needs to make sure New Village Arts is a permanent fixture in Carlsbad. Therefore, we encourage you to do whatever needs to be done to make that happen. We have been season subscribers for over twelve years. Carlsbad is fortunate to have New Village Arts in our community. New Village Arts adds to the variety of cultural experiences Carlsbad has to offer. Additionally, in addition to plays, concerts and readings, NVA provides learning and growing experiences for all ages, abilities and backgrounds. The theater is intimate, which is a big plus. There is not a bad seat in the house. The professional caliber of the actors, directors, staff, designers, etc. are top notch. New Village Arts is one of the many reasons we love living in Carlsbad. It is indeed a pleasure to be able to go to an excellent play in our own community and dine in any of the wonderful restaurants we have here in our beautiful village. We hope you will partner with New Village Arts. It can only make Carlsbad even better. Sincerely, Bruce & Sandi Meyer CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 26 Andrea Dykes From: Sent: To: Subject: Hi, Eliana Payne Sunday, February 9, 2020 12:11 AM Council Internet Email Keep the New Village Arts Theatre! My name is Eliana Payne. I love NVA theatre and all it does for both the artistic community and the culture of Carlsbad. It is such an important part of my life, and I hope with all of my heart that you will continue to keep the theatre as a partnership with the Carlsbad City Council. This area needs this theatre for the artistic growth that our city deserves. Please take my email into consideration. All the best, Eliana Payne CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 25 Andrea Dykes From: Sent: To: Subject: Sent from my iPhone Beddy Friedman < Sunday, February 9, 2020 12:12 AM Council Internet Email New Village Arts I have been a resident in Carlsbad for 50 years(I remember when Carlsbad Village Drive was Elm St),I have seen the downtown area turn into a special place to be.I supported Mayor Bud long before it happened.I am not so happy with what is going on today,in my opinion the multistory condo projects are not what our village was and has changed it.The one thing that brings quality arts to out downtown is New Village Arts.Its intimate space is a perfect match for downtown.I support it and brings the arts to us locally where we can all attend.Local traffic has become a challenge for all of us,let's keep a local theater rather than having to drive to San Diego Thank you Betty Friedman CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 24 Andrea Dykes From: Sent: To: Subject: Tiffany Tang < Sunday, February 9, 2020 6:06 AM Council Internet Email New Village Arts and Army and Navy Academy Hello Distinguished Councilmembers - My name is Tiffany Tang and I am currently a visiting professor at NKSI H0yskole, a theatre college in Oslo, Norway. Until last year, I was a teaching artist, director, actor and producer in San Diego and had the good fortune of holding the position of Artist-in-Residence at Army and Navy Academy from 2014-2016 and, through a grant program with New Village Arts, revitalized the ANA drama program, which had been dormant for decades. I would like to take this opportunity to describe the positive impact that the presence of New Village Arts has on the community at ANA and on the local students in Carlsbad. Many of the students I taught at ANA had never experienced theatre before. When I directed Henry V, 100% of my students had never been on stage before and most of them had never attended a live theatre production. Because New Village Arts is walking distance from the school, I was able to take them on field trips to experience live performances for the first time, an opportunity that would not have been possible if Carlsbad wasn't home to one of San Diego's most reputable theatres. While students attend ANA for a variety of reasons, I found that across the board, many of them found it challenging to comfortably access empathy and emotional intelligence, as there did not seem to be many role models in their personal lives to support this kind of connection between people, especially the kind that, for teenage boys, was not "uncool." Theatre helps to teach this empathy and connection to young people, to solidify their ability to empathize with each other and with the outside world so that they can better learn how to access and engage their own emotions and care for others. By revitalizing the drama program at ANA and by establishing a source of professional, high quality theatre programming in Carlsbad, New Village Arts is transforming the lives of our future generations by helping them become more open- hearted and caring adults. They learn the stories of Shakespeare and realize they are not so different from their own. They speak the words of Aaron Sorkin and find their own voice, their own struggles and their own identities reflected in the plays they perform. They see musical theatre on stage at NVA and wonder if they could also be up there one day, accomplishing what the professional actors accomplish. They get recognition from their peers after their own shows. They find courage and confidence when they step on stage, and encourage it in others. Their parents travel to see them perform. The world opens. I cannot overemphasize the dramatic impact that performing on stage had on these students, and also being able to attend professional theatre performances. They found things in themselves they didn't know existed. This is happening, not only at ANA, but in every high school NVA touches. There is no better investment in the future of our children than involvement and exposure to the arts to model how to be better citizens in the world. NVA is not only a gift to the current community and but a necessity for the future. Thanks for your time. Tiffany Tang NSKI H0yskole 22 Andrea Dykes From: Sent: To: Subject: Deidre McLeod < Sunday, February 9, 2020 8:19 AM Council Internet Email Support for City Partnership with New Village Arts I'm writing in support of the City of Carlsbad continuing a city partnership with the nonprofit organization New Village Arts (NVA). Although not a Carlsbad resident, I am a frequent participant in NVA theater events, driving from my home near Poway to attend. I usually come early to spend time -and additional money! -at local eateries, wineries and shops. It seems to me that, by drawing in people from all over the San Diego region to experience the amenities Carlsbad has to offer and boost the local economy, the partnership between the City and NVA is working exactly as intended and that such a partnership should be continued. Thank you. Deidre McLeod San Diego, CA 92128 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 21 Andrea Dykes From: Sent: To: Subject: Terry Haas Sunday, February 9, 2020 8:48 AM Council Internet Email NVA Council members, My wife and I live in Bonsall and have recently discovered the New Village Arts theater in Carlsbad. We love spending an evening going to dinner in the village followed by a production at NVA. Their presentations are always ofthe highest quality. NVA is a gem of a destination. Terry and Sandra Haas Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 20 Andrea Dykes From: Sent: To: Subject: Kitty Sparrow Sunday, February 9, 2020 9:25 AM Council Internet Email New Village Arts I have been a Carlsbad Village resident for 12 years and proud supporter of NVA. As Executive Artistic Director, Kristianne has done a superb job including expanding their programs for youth, especially The Mainstage Players. Having a theater of this caliber right "at home" is such a plus for Carlsbad. People can come to a variety of restaurants for dinner and then go to a show -a great night out without even getting on a freeway!! It is a draw for tourists as well. I know that I am among hundreds of others who do not want any changes to this very special place and and Administrative Staff who have brought it this far. For all of us at Carlsbad by the Sea who enjoy walking to the theater - Kitty Sparrow CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 19 Andrea Dykes From: Sent: To: Cc: Subject: Lori Escalera Sunday, February 9, 2020 9:47 AM Council Internet Email re-4S2L-9ILY-3O2Z1 E-COYL9@r2.arts-mail.com New Village Arts Support I entirely support New Village Arts. They put on contemporary high quality cultural arts activities. Please support and fund their continued ability to do this. I am only able to come on occasion because of my work, but I am GRATEFUL they are there, and I've always felt amazing energy and inspiration from their performances and the activities they host. Thank you. Best Wishes, Lori Lori Escalera CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 18 Andrea Dykes From: Sent: To: Subject: Susan Fancher Sunday, February 9, 2020 11 :00 AM Council Internet Email NVA in Carlsbad, CA NVA (New Village Arts) is a definite asset of great value to the Carlsbad community & to all to whom they serve. Please know how vitally important NVA is to our community & to all of us who support them. Fondly & with much pride, Susan Fancher Carlsbad, CA 92011-3701 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 17 Andrea Dykes From: Sent: To: Subject: Andrea Moriarty Sunday, February 9, 2020 11 :09 AM Council Internet Email; City Clerk New Village Arts Theater Dear City Council and Clerk of Carlsbad, My name is Andrea Moriarty. I am an author of two books about autism, the arts, and inclusion. I don't live in Carlsbad, but I drive 30 minutes from Solana Beach three times a week because of New Village Arts. My adult son with autism was one of the first members of their Inclusive Programming for neurodiverse actors. I represent more than a dozen families from San Marcos, Encinitas, Del Mar who are drawn to NVA because there is nothing comparable in the region. On Monday nights (for the last three years) we come for a class in which my son, Reid learns social skills through Improvisation. While he's in class I get dinner (or a drink) with 6 other moms. And yes, we usually buy Handel's ice cream after class. My husband and I began coming up on Thursday nights so Reid could usher on the sidewalk, welcoming theater patrons to "enjoy the show!" Now we have subscription tickets and enjoy Opening night once a month. Of course, a show always includes dinner, so we frequent Campfire and Jeune & Jolie, if we can get a reservation. We eat out so often in the Village, that Reid is on a first-name basis with all the waiters at Las Olas. On Wednesdays (for more than three years), I drive him up to work as a theater intern. With a job coach he changes marquee letters, sweeps, or stuffs fund raising letters. While they work, I work at the French Corner or Choice. I wrote much of this book in Carlsbad. Radical Inclusion is a call to action to communities to embrace risk, humility and KINDNESS -as building blocks to inclusion. In it, I highlight 12 model programs around the country-pioneers setting the standard for how adults with and without disabilities can live productive lives AND make us all better in the process. Chapter 6 features New Village Arts because they are blazing a trail with innovative inclusive programs. I believe Carlsbad is poised to become a paragon of inclusion. You are intentional about valuing KINDNESS. You have great schools, and yet kids like Reid spend many more years as adults in the community than they did in a classroom. The train station makes Carlsbad accessible for adults who don't drive. New Village Arts is a magnet for self-expression and professional performing arts for ALL citizens. It is a community treasure for Carlsbad. I urge you to maintain NVA as the cornerstone and creative hub that it is, setting a national standard for arts integration. Thank you for your service to all the citizens of your fine community, Andrea Andrea Moriarty 15 Andrea Dykes From: Sent: To: Subject: Jo Kessler Sunday, February 9, 2020 11 :17 AM Council Internet Email Support NVA Dear Carlsbad City Council Members, Please support and continue the partnership between the City of Carlsbad and New Village Arts (NVA). It is an important part of the local entertainment for my husband & I and a benefit to the city. We have been season ticket holders for the past decade and plan to continue to do so. In addition to attending the plays or other events help there, we go out for dinner in one of the downtown Carlsbad restaurants each time. We invite our friends and neighbors to do the same. We stop in the some of the shops in the village and in warm weather, stop for an ice cream at Handel's. If we didn't go to NVA, we probably wouldn't go to downtown Carlsbad regularly. The staff and cast members at NVA do a remarkable job, given the limitations of the stage area and the budget they have to produce the entertainment. We enjoy the productions and appreciate the theater being in Carlsbad. Please continue to support NVA. Sincerely, Jo Kessler CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 14 Andrea Dykes From: Sent: To: Subject: Attachments: Jamie Miller Sunday, February 9, 2020 11 :22 AM Council Internet Email New Village Arts// Letter of Support 20200205 Letter of Support NVA.pdf Please find my letter of support for New Village Arts, regarding consideration of partnership with the City of Carlsbad. Best, Jamie I 0 C-~ •••-----------1 Jamie Miller: CEO Union Cowork unioncowork.com r:::::7 / r=:-J_ / r:::::7_ ~ ~ ~ CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 13 Andrea Dykes From: Sent: To: Subject: February 9, 2020 TO: Carlsbad City Council Sunday, February 9, 2020 11 :25 AM Council Internet Email; newvillagearts@r2.arts-mail.com Support for New Village Arts Center FROM: Deborah Foley, Carlsbad resident 92008 SUBJECT: Support for New Village Arts Center I write to express my support for the Carlsbad New Village Arts Center. Since NVA's beginning, I have attended many of their plays and events. I have repeatedly found their shows to be of high quality and extremely enjoyable. When I have out-of-town guests I often take them to a performance at NVA. I am always proud to showoff our "little-bit-o-broadway" and my guests always rave about the quality of the show. I believe NVA to be a great asset to the village of Carlsbad both artistically and financially. Everyone that goes to the theater goes out to eat before and usually gets dessert or a drink after the show. This benefits our local businesses. I look forward to being a patron of NVA for many years to come. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 12 Andrea Dykes From: Sent: To: Subject: anita simons < Sunday, February 9, 2020 11 :32 AM Council Internet Email New Village Arts I urge the Carlsbad City Council to continue its city partnership with New Village Arts. NVA has proven to be a vital asset to Carlsbad Village and the City of Carlsbad. We love their plays and musicals, educational programs, outreach opportunities, concerts and cabarets, and visual art spaces which have benefited our community, and contributed positively to the local economy. We go to dinner either before or after a show when we otherwise would not be going to downtown Carlsbad. I can attest to this because we have been patrons of NVA years before when we lived in La Jolla and for the past two years since moving to Ocean Hills. I urge the Carlsbad City council to continue this important partnership with NVA for everyone's benefit in San Diego County. thank you Anita and Michael Simons Ocean Hills, CA Anita Simons "For evil to flourish, it only requires good men to do nothing." Holocaust survivor Simon Wiesenthal A message from my talented and recently deceased friend Joan Kurland http://www.youtube.com/watch ?v= 6QqF3edrp1s&authuser= o c: 619-884-6482 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 11 Andrea Dykes From: Sent: To: Cc: Subject: Linda Le Vier Sunday, February 9, 2020 1 :16 PM Council Internet Email LindaLY City Partnership with NVA Members of the Carlsbad City Council: It was not long after I moved to San Diego County and rented an apartment in Carlsbad that the New Village Arts project was unveiled to the public. I was blown away with the quality and variety of the plays and the actors during their first season in their temporary theater, a room in the Jazzercise corporate office. During my second year I purchased the first of two homes in Carlsbad. I knew instantly that Carlsbad was where I wanted to stay. New Village Arts and I have grown roots that went deeper and expanded in our interest and desire to give back to Carlsbad. NVA, over the years, has developed new programs that reach an increasingly wider audience, culturally and even medically through outreach programs. My pride in Carlsbad and the New Village Arts organization has an opportunity to move higher if you choose to enter into a city partnership. Respectfully, Linda S. Levier , CA 92011 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 10 Andrea Dykes From: Sent: To: Subject: Laura Cantrell Sunday, February 9, 2020 2:13 PM Council Internet Email City Partnership with New Village Arts I und~erstand the council is considering a partnership with NVA and am writing to express support for such a partnership. I grew up in Carlsbad in the 60s and love the way that downtown has matured, but kept its village character. Although we now live in downtown San Diego, my husband and I take the train up to NVA, tour the art studio and eat in downtown Carlsbad. I doubt we would do this if it wasn't for the playhouse. I think public support of the arts is important and hope Carlsbad will continue its support of performing and vis.ual arts. Sincerely, Laura Cantrell CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 9 Andrea Dykes From: Sent: To: Subject: Naomi Marblestone < Sunday, February 9, 2020 2:42 PM Council Internet Email New Village Arts We fully support the theater and feel that it is an important part of our city. Carlsbad should have a theater for those who find it difficult to attend theatre downtown San Diego. They do a marvelous job and have since its inception some years ago. Naomi & Alan Marblestone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 8 Andrea Dykes From: Sent: To: Subject: Dear Carlsbad City Council, Jennifer Crawford Sunday, February 9, 2020 5:13 PM Council Internet Email We love New Village Arts-please consider partnership with them I believe that New Village Arts is an important part of Carlsbad Village and I hope they are able to stay in their current location for many more years. New Village Arts provides quality artistic experiences from theatre to visual arts to music, all of which are crucial to a healthy community. It is one of our favorite things to do in the village! All best wishes, Jenny Crawford Carlsbad Resident Carlsbad, CA 92009 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 7 Andrea Dykes From: Sent: Josh Irving Gershick Sunday, February 9, 2020 5:47 PM To: Subject: Carlsbad City Council 1200 Carlsbad Village Dr. Carlsbad, Calif., 92008 Feb.8,2020 Dear Council Members, Council Internet Email NVA is a Treasure My name is Joshua Gershick. I'm a playwright and author who serves local writers as the Southern California Regional Representative of the Dramatists Guild, the national professional association of playwrights, lyricists, composers and librettists. The extraordinary artists of the city's New Village Arts Theatre will soon seek a renewal of their lease. I hope you will grant their request, preserving a vibrant area treasure and allowing NVA to continue to grow and blossom, benefitting audience members and local artists alike. The mission of New Village Arts is to "create adventurous artistic experiences to awaken the human spirit." NVA achieves this by providing a collaborative and inspiring home for performing and visual artists and creating a forum for discussion and deeper thinking. In addition to producing compelling new work for area audiences, New Village Arts also provides a kind of theatrical gymnasium for local writers through its many developmental activities, including its annual Final Draft New Play Festival, which features staged readings of new, exciting work and offers colloquia & workshops for area writers free of charge. I've taught workshops and helmed discussions as part of NVA's Final Draft Festival for the past three years, since the festival's inception, working side-by-side with these gracious, community-minded people. Their vision and efforts seem perfectly in concert with the city's own mission to "enhance the lives of all who live, work and play" in the city. A world-class city needs world-class artists, artists such as those nurtured by New Village Arts. I hope you will continue to support their good work in the world. Curtain Up! Sincerely Yours, Joshua Gershick Southern California Regional Representative Dramatists Guild of America www.dramatistsguild.com • "The way to right wrongs is to turn the light of truth upon them." -Ida B. Wells-Barnett 5 Andrea Dykes From: Sent: To: Subject: Gerrie > Sunday, February 9, 2020 6:01 PM Council Internet Email We love New Village Arts My husband and I live in Lake Bluff, IL (a suburb of Chicago) and have owned a time share at Aviara in Carlsbad since 1999. We discovered New Village Arts a few years ago and love it. The plays are well-chosen, insightful, fun, sometimes profound, and expertly done. Consequently, in choosing when we can come to Carlsbad, I always go on line to check when the plays will be presented, and choose our time accordingly. New Village Arts is a wonderful addition to the community, and a draw to outsiders-even from Illinois! Thank you! Gerrie Ryan Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 4 Andrea Dykes From: Sent: To: Subject: Roger Brown Sunday, February 9, 2020 8:58 PM Council Internet Email Support for Carlsbad City and NVA Partnership As a family that has been blessed to live in Carlsbad for nearly twenty years now, we believe that a partnership between the city and NVA would be a wise investment in the community's arts culture. NVA already has proven that it is a theatrical gem that entertains and enlightens residents and visitors with its wonderful productions of a variety of content. Equally important is NVA's commitment to inspiring youth theater through collaborating with high school theater productions and summer youth theater programs. We have trust in the city's prudent and financially sound approach to running our community. We believe that money spent in this endeavor will fit into this approach and actually yield more to the betterment of our community. Roger and Cathi Brown Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 3 Hector Gomez From: Sent To: Subject: Andrea Moriarty Sunday, February 9, 2020 11:09 AM Council Internet Email; City Clerk New Village Arts Theater Dear City Council and Clerk of Carlsbad, All Receive -Agenda Item U _(._ For the Information of the: ClTY COUNCIL . Date~,, /20 CA~ CC~ CMx_~...XDCM (3)L_ My name is Andrea Moriarty. I am an author of two books about autism, the arts, and inclusion. I don't live in Carlsbad, but I drive 30 minutes from Solana Beach three times a week because of New Village Arts. My adult son with autism was one of the first members of their Inclusive Programming for neurodiverse actors. I represent more than a dozen families from San Marcos, Encinitas, Del Mar who are drawn to NVA because there is nothing comparable in the region. On Monday nights (for the last three years) we come for a class in which my son, Reid learns social skills through Improvisation. While he's in class I get dinner (or a drink) with 6 other moms. And yes, we usually buy Handel's ice cream after class. My husband and I began coming up on Thursday nights so Reid could usher on the sidewalk, welcoming theater patrons to "enjoy the show!" Now we have subscription tickets and enjoy Opening night once a month. Of course, a show always includes dinner, so we frequent Campfire and Jeune & Jolie, if we can get a reservation. We eat out so often in the Village, that Reid is on a first-name basi~ with all the waiters at Las Dias. On Wednesdays (for more than three years), I drive him up to work as a theater intern. With a job coach he changes marquee letters, sweeps, or stuffs fund raising letters. While they work, I work at the French Corner or Choice. I wrote much of this book in Carlsbad. Radical Inclusion is a call to action to communities to embrace risk, humility and KINDNESS -as building blocks to inclusion. In it, I highlight 12 model programs around the country-pioneers setting the standard for how adults with and without disabilities can live productive lives AND make us all better in the process. Chapter 6 features New Village Arts because they are blazing a trail with innovative inclusive programs. I believe Carlsbad is poised to become a paragon of inclusion. You are intentional about valuing KINDNESS. You have great schools, and yet kids like Reid spend many more years as adults in the community than they did in a classroom. The train station makes Carlsbad accessible for adults who don't drive. New Village Arts is a magnet for self-expression and professional performing arts for ALL citizens. It is a community treasure for Carlsbad. I urge you to maintain NVA as the cornerstone and creative hub that it is, setting a national standard for arts integration. Thank you for your service to all the citizens of your fine community, Andrea Andrea Moriarty 1 Hector Gomez From: Sent: To: Cc: Subject: Attachments: Importance: ToAII, Sue Loftin Sunday, February 9, 2020 2:19 PM Matthew Hall; Keith Blackburn; Priya Bhat-Patel; Cori Schumacher City Clerk; Manager Internet Email; Richard Schultz City Council Hearing 2-11-2020, Item 6 Opposition to Staff Report re New Village Arts 2-11-20 Hearing Item 6 LSL Ltr 2-9-20 V3.pdf High I respectfully request you review this correspondence. The Staff report is objectionable for the reasons set forth therein. To summarize the impact of the plan proposed by Staff: New Village Arts will have to relocate. Simply, performing and visual arts; education, community programs etc. cannot wait to the end of the lease and then wait for an RFP to determine the business location. Many of the programs are planned 12-18 months in advance. Further, the correspondence challenges the facts and conclusions. I think you in advance for your consideration of the attached comments. cc: Board of Directors and other interested parties. Sue Loftin, Esq. LOFTIN I BEDELL P .C. Attention: This email has limited purposes. It may not contain the full extent of any conversation related to a specific topic and may not represent legal advice on a specific topic. Emails are abbreviated means of communication and as such cannot be relied upon for a full and complete response to any factual or legal issue. Privileged and Confidential Communication: This email message and its contents are legally privileged and confidential information that is intended solely for the use of the intended addressee. 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CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 LOFTIN I BEDELL ATTORNEYS AT LAW Via Electronic Transmission February 8, 2020 Honorable Matt Hall, Mayor (Matt.Hall@carlsbadca.gov) Honorable Keith Blackburn, Mayor Pro Tern (Keith.Blackburn@carlsbadca.gov) Honorable Priya Bhat-Patel, Council Member (Priya.Bhat-Patel@carlsbadca.gov) Honorable Cori Schumacher, Council Member (Cori.Schumacher@carlsbadca.gov) RE: Council Hearing, February 11, 2020 Item 6: Consider City Partnership with New Village Arts Request: (1) Reject Staff Report and Request, (2) Direct Staff to Preserve New Village Arts for the Benefit of Carlsbad Education, Community Performing and Visual Arts, Business in the Village; and preservation of the Historical Bauer Lumberyard Building Dear Honorable Mayor Matt Hall, Mayor Pro Tern Keith Blackburn, Council Member Priya Bhat-Patel; and Council Member Cori Schumacher: This correspondence is written as the Vice-President of and Legal Counsel for New Village Arts, personally as a business owner in and resident of Carlsbad, and on behalf of my children and grandchildren who are residents of Carlsbad. As some of you know, I have been involved with City matters for over thirty (30) years. In that time, I have reviewed, agreed with and disagreed with certain direction of City matters. However, in all of those years, I have not reviewed a staff report as inaccurate factually, prejudicial and destructive as the staff report regarding New Village Arts. CONSEQUENCE OF STAFF RECOMMENDATION The staff report came as a shock to everyone at New Village Arts. If the staff report recommendation is accepted, including the portion requiring a bid process at the end of the current New Village Arts lease, then New Village Arts will be unable to remain in Carlsbad. Why? The programs offered, as outlined in part below, require twelve (12) to eighteen ( 18) months planning prior to implementation. Therefore, the risk of not knowing until after the lease expires and the bid process ends, whether New Village Arts will continue to operate in the current facility is not an operational nor financial option. These restraints have been explained in detail numerous times to staff. 2540 Gateway Road • Carlsbad • California • 92009 T: 760.431.2111 • F: 760.867.2210 • www.loftinbedell.com • sue@loftinbedell.com LOFTIN I BEDELL P.C. Honorable Mayor and Council Members City of Carlsbad Hearing: February 11, 2020; Item 6. Page 2 of 5 INCEPTION OF AND CONTINUING RELATIONSHIP BETWEEN THE CITY AND NEW VILLAGE ARTS New Village Arts was only one of many 501c3 that applied for the contractual rights to occupy the premises after acquisition by the City of the Bauer Lumberyard. New Village Arts was not initially selected. The nonprofits awarded the right to the premises prior to New Village Arts failed due to an inability to financially sustain their nonprofit business. New Village Arts assumed the occupancy agreement only after the prior nonprofits were unable to sustain their nonprofit businesses. The agreements (entitled leases) provided that in exchange for the occupancy rights New Village Arts was to provide certain benefits to the community at the expense of New Village Arts. The last renewal of the agreement was based upon a study to review the benefits to the community to be provided by New Village Arts and those benefits were specifically enumerated in the agreement. (The Study is approximately two (2) years old; therefore, a new Study is not required.) The other component of the agreement allocated the financial responsibility for the facility: (i) City was to maintain outside and other components and (ii) New Village Arts was responsible for converting the interior of the space into its current use, provide all equipment required and maintain the same. New Village Arts has met its obligations to the City and exceeded those obligations in the programs offered for persons of all income levels, for education, for diversity and for the disabled, some of which are discussed below. New Village Arts will be celebrating twenty (20) years in fiscal year July 1, 2020/June 30, 2021. NEW VILLAGE ARTS REQUESTS New Village Arts has requested the opportunity to negotiate a twenty (20) year lease to facilitate a capital contribution campaign in excess of one million dollars ($1,000,000.00) for immediate funding of a complete renovation of the facility to preserve the historical building, the new look of State Street and modernize the facilities. Additional funding is to be raised as a facility reserve. The capital campaign was going to be announced with the 20th year celebration in the summer of 2020. Without the announcement, $330,000.00 has been raised over the last couple of months. In working with City staff regarding the lease request, New Village Arts over the last two years has worked with architects on several versions of the proposed renovations and are currently in the permitting process with the City while we work on the cost analysis as requested by staff. All such requests were posed as preconditions to negotiating a long-term lease. The long-term lease is critical because donors need assurance that the renovations will be used for the long-term purpose for which the money is donated. The City Council over two (2) years ago approved $220,000.00 to rehabilitate the exterior walls facing the train station, along with other safety procedures. A few of the smaller safety jobs have been completed but work on the west wall and roof has yet to begin. To date, staff has refused to proceed with the preservation of the building through those repairs and to enhance the entrance and exit from the train station. LOFTIN I BEDELL P.C. Honorable Mayor and Council Members City of Carlsbad Hearing: February 11, 2020; Item 6. Page 3 of 5 In addition, New Village Arts is requesting Two Hundred Fifty Thousand Dollars ($250,000.00) as part of our fundraising campaign to be used for much needed exterior improvements to the building, including walls, sidewalk and concrete repair, and windows. The design honors the history of the building while making the building more accessible to everyone in ourcommunity. CLARIFYING FACTS RELATED TO NEW VILLAGE ARTS Some, but certainly not all of the factual misrepresentations or omissions leading to misunderstandings of the history, scope of community benefits and financial impact of New Village Arts to the residents and businesses in Carlsbad are as follows: COMMUNITY BENEFITS TO CARLSBAD 1. New Village Arts will be celebrating its Twentieth (20th) year commencing with its July 1, 2020 to June 30, 2021 fiscal year in Carlsbad. 2. New Village Arts has received an average of approximately Six Thousand Dollars, plus ($6,000.00+) in grant funding over the last nineteen ( 19) years. 3. New Village Arts has occupied the historical Bauer Lumberyard Building as the required 501 C3 required occupant pursuant to the terms and conditions of the Bond Issue. 4. New Village Arts paid to improve and maintain a dilapidated, useless old building with the theater facilities, visual arts facility, community meeting facility and educational facility, turning the interior of the building into a vibrant center for the arts. 5. The Dove Library when rehabilitating the Schuman Auditorium removed the used and tattered seats. The choice was trashing the seats or offer the seats to New Village Arts. New Village Arts gratefully accepted the seats, raised the funds to refurbish the seats using Carlsbad workers and install the seats in the theater by Carlsbad workers. 6. New Village Arts is a year-round functioning arts facility funded by [a combination of earned revenue and contributed revenue, with an annual budget of$1 million and a sustainable business plan that includes:] New Village Arts, providing in part: a. Average of six ( 6) award-winning theatrical productions per year, attracting over 16,000 patrons to the Village; b. Provides access for all income levels of residents in Carlsbad to the productions by providing free attendance for certain showings of each production. c. Space for visual artists to work, showcase their work and provide the public with the opportunity to view visual art with monthly programs -free to the community; d. On-site classes for children in performing and visual arts; e. Special education class for teens and young adults with special needs such as autism and Downs syndrome; [ we are the ONLY professional theatre company in San Diego with a comprehensive program for young adults with neurodiversity] f. Special programs for seniors with Alzheimer's and dementia [ also the only company offering this improvement to quality of life]; g. Special programs offered each year on a rotating basis in two (2) to three (3) of the high schools located in Carlsbad. LOFTIN I BEDELL P.C. Honorable Mayor and Council Members City of Carlsbad Hearing: February 11, 2020; Item 6. Page 4 of 5 h. Other special programs such as the Final Draft New Play Festival; musical performances; speakers. 1. Community meeting space for other nonprofits, such as the Carlsbad Village Association, the Carlsbad Student Leader Academy and the Carlsbad Adult Transition Program. FINANCIAL BENEFITS TO THE CITY OF CARLSBAD Where does the money come from to pay for the above? The money comes from New Village Arts ticket sales, donors and fundraising. For the last fiscal year, New Village Arts had an operating budget of nearly $1 million, of which $344,000 was contributions from our over 1,000 donors. Where was the money spent? In Carlsbad. In addition to the above listed financial benefits to the Carlsbad community, there are additional financial benefits to Carlsbad, including without limitation, visitor expenditures in the Village. Based upon the Arts and Economic Prosperity 5 study in San Diego, patrons attending a performance at New Village Arts spend on average an extra $45.66 in the Village (excluding their ticket costs), bringing economic impact to the Village of approximately $550,000 annually. The dollar amounts delineated above do not consider the financial value of many of the programs offered. The relationship between the arts and economic development was espoused in Oceanside recently adopted plan: While Oceanside values arts and culture for their own sake, there are clear opportunities to leverage them for greater economic impact. It is a natural alignment and one that is already working in many ways.(O'Arts, Oceanside's Master Plan for the Arts, Revised January 2019 p. 18.) In Carlsbad, the arts and culture provided by New Village Arts to the Village businesses in is financially significant. The financial benefits provided by New Village Arts to Carlsbad has exceeded, and will continue to exceed, the costs to Carlsbad. The community benefits are not easily quantified and not calculated in the dollar amounts stated above totaling approximately One Million, Five-Hundred Thousand Dollars ($1,500,000.00) per year of financial benefit provided by New Village Arts. CONCLUSION The City, through you as the elected officials, need to decide whether you want the benefits that New Village Arts provides to our community to continue remain in the Village and in Carlsbad, or not. Sincerely, LOFTINIBEDELL P.C. L. Sue Loftin, Esq. LOFTIN I BEDELL P.C. Honorable Mayor and Council Members City of Carlsbad Hearing: February 11, 2020; Item 6. Page 5 of 5 cc: City Clerk (clerk@carlsbadca.gov) Scott Chadwick, City Manager (Scott.Chadwick@carlsbadca.gov) Richard Schultz, Arts and Culture (Richard.Schultz@carlsbadca.gov) Hector Gomez From: Sent: Kristianne Kurner < Monday, February 10, 2020 9:01 AM To: Sue Loftin; Matthew Hall; Keith Blackburn; Priya Bhat-Patel; Cori Schumacher; City Clerk; Council Internet Email Cc: Alex Goodman Subject: Re: Appreciation for the years of City and NVA success: City Council Hearing 2-11-2020, Item 6 Opposition to Staff Report re New Village Arts Attachments: Impact of New Village Arts.pdf; NVA Proposed Renovation.pdf Dear Carlsbad Councilmembers, Mayor and staff: We are so grateful for all of the support we have received from the City of Carlsbad over the years. We love Carlsbad and we are proud to bring adventurous artistic experiences to our community. We were surprised last Thursday to learn that the topic of our partnership was going to be discussed at the meeting tomorrow, and quickly put together a one-page document that shares both the community and economic impact New Village Arts has had in Carlsbad over the past thirteen years and a rendering of the restoration/renovation we hope to do for the facility. We have been in Carlsbad for a total of nineteen years, but we did not include the early years when we were at the corporate headquarters of Jazzercise. Also, I think the term "partnership" might be misleading. Our main goal is to stay in the Village for as long as possible, creating a vibrant arts scene in the heart of our community. The documents are attached. We hope they can be included in the information shared for the Council Meeting. Please feel free to reach out to me with any questions. I can be reached at this email or 760-845-8020. With gratitude and all best wishes, Kristianne KRISTIANNE KURNER Founder and Executive Artistic Director New Village Arts, Inc. (o) 760.729.8703 I (c) 760.845.8020 www.newvillagearts.org Now Playing at NVA: MURDER FOR TWO CRITIC'S PICK "Ingenious! A snazzy double-act!" -New York Times "A hilarious musical whodunit!" -New York Observer Feb 1 -Mar 1 Previews Jan 24 -31 For tickets: www.newvillagearts.org or call 760.433.3245 Mark your calendars for Season 19: 1 The Roommate Mar 20 -Apr 19, 2020 I Into the Woods May 8 -June 14, 2020 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 2 The mission of New Village Arts is to present adventurous artistic experiences to awaken the human spirit. ANNUAL COMMUNITY IMPACT • >16,000 patrons in Carlsbad Village experiencing over 200 nights of professional theatre productions, spoken word, dance and film; • Students o >150 local high school students inspired in STEAM education by professional NVA educators, with an additional 500+ watching their peers onstage; • 167 elementary and middle school students in theatre classes at NVA; • >600 students experience FREE weekday matinees of mainstage shows with talk-backs with the professional actors after the show; • Neurodiversity o The ONLY theatre in San Diego with a comprehensive program for young adults with neurodiversity (mostly autism and Down syndrome), including 7 weekly interns and over 20 students in programs; • Memory Impairment o Highly successful improvisation classes for seniors with Alzheimers and dementia (also the only program of its kind in San Diego); • Outreach o A recognized leader in Equity, Diversity and Inclusion in San Diego; o Free community events and school tours through our Teatro Pueblo Nuevo program; • Annual Final Draft New Play Festival for San Diego playwrights; • Free meeting location for Carlsbad Village Association, Carlsbad Student Leader Academy, Carlsbad Adult Transition Program, and others; • 16 visual artists onsite in working studio spaces that are open to the public. ECONOMIC IMPACT IN CARLSBAD • Over $730,560 in economic impact to Carlsbad in 2019, based on 16,000 patrons spending an average of $45.66 per person; • Over $7 million in economic impact since arriving in the Village in 2006; New Village Arts has been a major catalyst for the renaissance of Carlsbad Village; • With a newly renovated building, we project an economic impact of over $15 million over the next ten years; $35 million over the next twenty years. What NVA Requests of the Council • Two and a half years ago, the Council approved $220,000 for minor repairs to the building, a few jobs were completed, but the west wall (facing the train station) has yet to be completed and is the first impression of Carlsbad for people arriving on the train. We request that staff be charged with completing the task; • Our total renovation project, with a cost of $1 million, includes $750,000 for the renovation of the interior of the building, of which NVA has already raised $330,000. We request $250,000 from the City of Carlsbad for fa~ade improvements that honor the history of the Bauer Lumber Company while making the building more accessible to everyone in our community, creating a Cultural Arts Center in the heart of Carlsbad Village; • We request negotiating a long-term lease with the City that is fair and equitable for both parties, and supports our efforts to renovate the building. THi~ffi NEW VILLAGE ARTS® Ka lin McCaule From: Sent: To: Subject: To Whom it May Concern: Jenna Ingrassia Tuesday, February 11, 2020 10:33 AM Council Internet Email IN SUPPORT OF NEW VILLAGE ARTS - A VALUABLE ASSET OUR COMMUNITY! I am writing to express my great love for New Village Arts and everything that they do for the Carlsbad community and for San Diego Theatre. As a great supporter and participant in the arts, I am consistently in awe of the strides that NVA has made for the SD Arts scene in terms of inclusion, diversity, and consistently producing quality shows for a wide variety of audiences. Some of my favorite shows over the years have been Oklahoma, Golda's Balcony, Avenue Q, and the most recent production of Murder for Two. I typically plan on coming with my entire family, 10-15 people at a time. Some of our fondest memories include dinner at Campfire or Compass followed by an evening of theatre at New Village Arts. Without New Village Arts, I feel that Carlsbad Village would lose one of the great establishments that sets it apart from other towns in North County. NVA is an award-wining theatre that attracts patrons and talent from San Diego County, Orange County, and L.A. Please consider continuing to extend your support to New Village Arts, a valuable asset to Carlsbad Village. Thank you, Jenna Ingrassia-Knox I CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Ka lin McCaule From: Sent: To: Subject: Dona Dirlam Tuesday, February 11, 2020 10:22 AM Council Internet Email New Village Arts Theater Dear Carlsbad Council Members, This e-mail is in support of the New Village Arts Theater. I moved to Carlsbad in 1996 when my company, the Gemological Institute of America (GIA) relocated from Santa Monica to Carlsbad. Imagine my delight in finding a local theater like I had attended in West LA in my back yard. I have been an enthusiastic supporter of the Theater ever since. I have seen brilliant performances over the many years. My co workers and friends from San Diego drive up to attend as well. I know there is a financial benefit to Carlsbad Village because we always combine it with dining out either before or after the performance. We often make it a special occasion and choose one of the higher end restaurants in the community because the evening of life theater is so thrilling. We stroll around Carlsbad Village and enjoy the art and other shops that are open. It reminds us we don't need to drive to San Diego but can find such culture right here in Carlsbad. Please continue your support for the New Village Arts Theater. These are gifted writers, actors, production teams, and directors who bring us entertaining and thought provoking performances year after year. Thank you, Dona Mary Dirlam Carlsbad CA 92008 Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Ka lin McCaule From: Sent: To: Subject: Dear Council Members, Kathy Deering Tuesday, February 11, 2020 8:31 AM Council Internet Email Support for City Partnership with New Village Arts I am writing to you in regard to tonight's agenda item CONSIDERATION OF THE CITY'S PARTNERSHIP WITH NEW VILLAGE ARTS. My husband and I are proud to live in a community that provides such a rich resource as NV A. In addition to the amazing, professional productions we appreciate the programs that serve the community, including those for kids, for students at local high schools, for special needs youth, and for seniors challenged by Altzheimer' s and dementia -- programs that help participants find a voice through creative expression. NVA celebrates the diversity of our community and the power of the arts to enrich our lives and to help us discover the universal elements that unite us. It is my hope that the City will continue a partnership with NVA in support of the arts and the citizens of Carlsbad. Sincerely, Kathy Deering I CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Ka lin McCaule From: Sent: To: Subject: City Of Carlsbad, Simon, Esther M.< Tuesday, February 11, 2020 8:41 AM Council Internet Email Special Place New Village Arts, is for me and my family our special place to go to for Christmas musicals and plays. lam 75 years old and my husband is 76. We bring my mother who is now 93 with us, we live in Oceana and cannot travel very far. So NVA has become our go to place. We love it and don't want to see it go! Thank You, Seniors in Oceanside Esther Simon John Simon Mary Peters This communication (including any attachments) may contain information that is proprietary, confidential or exempt from disclosure. If you are not the intended recipient, please note that further dissemination, distribution, use or copying of this communication is strictly prohibited. Anyone who received this message in error should notify the sender immediately by telephone or by return email and delete it from his or her computer. !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Ka lin McCaule From: Sent: To: Subject: Hello Council Members! Tuesday, February 11, 2020 8:48 AM Council Internet Email New Village Arts Just wanted to let you know that our annual plays we get to attend at New Village Arts are one of our top 3 favorite things about living in Carlsbad. We have seen plays and musicals all over the country and their performances are equal if not better. It would be amazing to consider a city partnership with them. Thank you! Alixe Fesler jCAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Ka lin McCaule From: Sent: To: Subject: Greetings, Kevin Wilson Tuesday, February 11, 2020 9:44 AM Council Internet Email New Village Arts Theatre I am writing this to the City Council in regards to the upcoming consideration of the partnership with New Village Arts. As a Carlsbad resident for going on ten years, New Village Arts has been such a valuable community and cultural asset in the area. Going to several plays a year, I have learned, laughed, cried and stomped my feet. I have sat next to fellow Carlsbad residents, talked with them at intermission and made wonderful new friends. Every time a friend or family member from another part of the country comes, we always try to go to a play so I can show off one of the bright diamonds of Carlsbad Village. I am always amazed at how crowded and enthusiastic the crowd is even on a random Wednesday night. New Village Arts fosters community, conversation, humanity and just plain fun, right in the heart of Carlsbad Village. What's better than that? I know a meeting is coming up to review the partnership so I just wanted to send a few words to say what a wonderful thing New Village Arts has meant to this Carlsbad Resident. Thank you, Kevin I CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Ka lin McCaule From: Sent: To: Subject: Francie > Tuesday, February 11, 2020 7:45 AM Council Internet Email New Village Arts I urge you to continue supporting the New Villiage Arts in the center of Carlsbad. I know they are of great value to this community both in education and with special needs young people. I think it would be unfortunate if you do not support them. Thank you for your time. Frances Bonner Carlsbad Resident Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Hector Gomez From: Sent: To: Cc: Subject: Council Internet Email Wednesday, February 12, 2020 8:20 AM City Clerk Heather Pizzuto; Richard Schultz FW: NVA From: Corin Magee Sent: Tuesday, February 11, 2020 7:03 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: NVA Dear City Council, I wanted to write to you on behalf of all of the people who enjoy the wonderful services of New Village Arts Theater. I have been a member of Kids Act and New Village Arts for the past 6 years. Throughout these years I have seen the truly fantastic lengths this theater goes through in order to be inclusive and welcoming to all. As one to the crew member of their special needs young adult program, I have been able to see so many people learn to be independent and express themselves in situations that would have otherwise been difficult. The Monday Night Live program and the Mainstage Players both fill up as soon as the forms for sign up is released, because there are no other inclusive theater programs like it in North County. New Village Arts is an amazing space to work, learn, and see a show. I hope you will continue to support the good they do to our community. Best regards, Corin Magee CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Hector Gomez From: Council Internet Email Sent: To: Tuesday, February 11, 2020 5:14 PM City Clerk Subject: FW: New Village Arts From: Carl Toft < Sent: Tuesday, February 11, 2020 5:10 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: New Village Arts As Carlsbad residents, we would like to express our very strong support for New Village Arts (NVA) and ask the City Council to approve an official city partnership with NVA. The NVA is a gem for all of the citizens of Carlsbad and the North Coast to enjoy. It provides Carlsbad Village with a unique cultural center that generates enormous positive publicity for the city and helps stimulate its economy. Despite its relatively small size, it produces a full and varied slate of critically acclaimed productions throughout the year. The plays, musical reviews, and readings reflect a wide variety of genres and range from the classic to the avant-garde and offer Carlsbad residents the opportunity for high quality, affordable theatrical entertainment without going to downtown San Diego. They also provide opportunities for local actors, singers, musicians, directors, stage designers, etc. to develop and display their talents. In addition, the productions provide valuable educational outreach to our local schools and actively involve the developmentally disabled in their productions. The working artists' studios and showings are still another positive aspect of the NVA, providing opportunities to local artisans and entertainment to our citizens and visitors. Altogether, the traffic flow generated by NVA activities attracts many people to the Village who otherwise would not go. NVA is a truly worthy organization and richly deserves official City recognition and support. Carl and Joyce Toft CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 ALL RECEIVED Susan C. McBride Owner Primarily serving Coastal San Diego • North County 760.635.3978 info@animalhousepetcare.com www.animalhousepetcare.com (j Licensed • Insured • Bonded To: Council Members Carlsbad City Council From: Susan McBride Owner, Animal House Pet Care Subject: Partnership with New Village Arts Dear Council Members I LOVE New Village Arts! Since they first opened here in the village, I have enjoyed the variety of great entertainment ...... plays, music, art and the friendship of others enjoying all the theatre has to offer. I hope you have all had the chance to enjoy a play there .... check it out! www.newvillagearts.org I love to have dinner with friends and family in the village before going to the play ..... many of them coming from San Diego. And now, with the new ice cream shop, so yummy and right across the street!! The people of NVA are always reaching out to people in the community. They once had a great play called "Sylvia" where the main "character" was a dog named Sylvia, a person playing a dog, of course. NVA hosted a pet food drive during the run of the play to benefit the animal shelters. They are always working to reach out and help other organizations ...... forming partnerships ... They are really neat in that way. I hope that forming a partnership between the City and NVA will produce even more exciting benefits for the people of Carlsbad. Thank you, for thinking about this!. ..... See you at the theatre!! Susan McBride y~ NAPPS / ALL RECEIVED 'Ifie Starfish Leadersfiiy ..'Awards Inspire • Engage • Lead TO: Distinguished Members of City Council City of Carlsbad RE: City Partnership with New Village Arts Dear Council Members, ~,,r February 11, 2020 The award-winning New Village Arts is an absolute jewel in our community. In addition to the wonderful main stage productions and music events presented, it is also very active in providing programs and opportunities for the broad, diverse segments of our community. Est. 2010 From children and teens with special needs, to seniors with elder challenges, to lovers of Shakespeare, to members of our bi-lingual community ...... there is room and there are guided programs to help everyone grow their love of the arts. These programs are vital to help our citizens of all ages and needs to live creative and engaging lives, making them happy and productive members of our society. Kristianne Kurner, co-founder and Executive Artistic Director of NVA, and her outstanding, creative staff members, are all involved in providing these unique cultural experiences to all of us. In 2017, I was privileged to honor Kristianne with the 2017 Starfish Leadership Award "in appreciation for her passion and dedication to grow the artistic and cultural experiences for all of us in our community ... and beyond." (see presentation booklet enclosed.) It is our duty to do all we can, with the resources we share, to create this viable, creative environment for all. New Village Arts has become the cultural hub of our city, the "go-to" place for outstanding live theatre, music performances, visual arts in The Foundry, and learning opportunities and joyful experiences. A creative partnership with the City of Carlsbad will expand the reach to even more and open doors that can now only be imagined for some. I personally thank the City Council Members for the support you have provided for New Village Arts over the years and seek your ongoing engagement in the form of this special partnership. Sincerely, . ~· Bride, CFP , Starfish Leadership Awards Member, NVA Advisory Board Former Member, NVA Board of Directors © Gina P. McBride, CFP, Founder~ 7530-14 Jerez Court, Carlsbad, CA 92009 ~ 760-633-1183 Ka lin McCaule From: Sent: To: !,:;ubject: Susan Berson Tuesday, February 11, 2020 12:28 PM Council Internet Email; New Village Arts New Village Arts Theater I'm a resident of Carlsbad (District 1) and am writing in support of NVA Theater. This is an AMAZING resource right here in Cbad and offers our citizens so much! My family and I have personally benefited many times over from the children's theater classes and camps; the theater productions; the music shows and the art exhibits and gallery. I couldn't stand to see this space turned into another nail salon or another Italian restaurant or another high rise condo building. PLEASE keep this unique gem healthy and thriving in Cbad ! ! Respectfully, Susan Berson I CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Hector Gomez From: Council Internet Email Sent: To: Thursday, February 13, 2020 9:29 AM City Clerk Subject: FW: Staff report on NVA partnership potential From: Tina Schmidt < Sent: Wednesday, February 12, 2020 3:45 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Cc: Manager@CarlsbadCA.gov; Heather Pizzuto <Heather.Pizzuto@carlsbadca.gov> Subject: Staff report on NVA partnership potential Dear Mayor Matt Hall and Council Members, I am writing to let you know how much I appreciate the thoroughness of the staff report regarding a partnership with New Village Arts (NVA). It is such a great staff report by Richard Schultz, Arts Manager. This is one of the most complete and unbiased document about a single issue that I have seen regarding an issue requested by the council. What I so like is the all-encompassing details regarding the city policies, varied city practices and financial grants/benefits awarded to these non-city arts entities -all of this historical information contained in a single document. It is also helpful to read about potential opportunities and/or challenges in a discussion when preparing a partnership. I feel badly that some supporters of NVA did not fully understand what a staff report is -simply one that lays out all the facts without expressing any opinions in a way that gives information to you so you can give further direction and make decisions. Sometimes the truth is not well-received! I am counting on you to continue looking beyond past practices ...... and to plan to be all-inclusive using our tax funds for all our citizens and their varied activities. I suggest you will be using staff's factual report when you meet together to make sure any negotiations are the best for the city. It is such a clear and useful document. no question here -we all love NVA -and we love expanding our arts community. Thanks for all the work you do and the attention you give, Tina Schmidt CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Consideration of the city’s partnership with New Village Arts Heather Pizzuto Richard Schultz Library & Cultural Arts Director Cultural Arts Manager Feb. 11, 2020 Tonight’s Focus •Review the city’s current partnership with New Village Arts •Request that City Council provide direction on next steps 2 Background April 9, 2019, Councilmember Barbara Hamilton requested to agendize a discussion on the future of the city's partnership with New Village Arts 3 City Documents City policies recognize and advocate for strong partnerships to create significant benefits to the community •The General Plan •Arts & Culture Master Plan •Corporate Marketing Partnerships Utilizing City-Owned Assets (City Council Policy 79) 4 New Village Arts •Professional theatre company, now in its 19th season •Recognized as an asset to the cultural identity and economic vitality of The Village •Housed in the city-owned former Bauer Lumber Building since 2006 5 City Support of New Village Arts •On April 9, 2019, City Council authorized a new five-year lease agreement at $500 per month, valued at $30,000 •Since 2002, NVA received over $125,000 in community arts grants and Carlsbad Library & Cultural Arts Foundation funding •Since 2006, the city has provided financial support, directly and indirectly, in the amount of approximately $3,315,000 6 Next Steps •Receive direction from City Council •Based on input from the City Council, staff to return with analysis of: o Project scope o Workplan o Resource Strategy 7 8 Questions?