City management’s “hold over tenant” status has apparently been replaced with an official offer of a lease for Batavia Players to pay $4 per square foot plus back rent of at least $500 per month in an effort to move forward from an original lease in December 2019.
The nonprofit group and city officials had been communicating through their attorneys since the rent had gone unpaid due to the Covid-19 pandemic and the Players’ Main St. 56 Theater shutdowns, and there was no renewal in January.
City Manager Rachael Tabelski had asked for a five-year financial plan, and the Players had submitted and revised plans three times, Patrick Burk had said.
The two sides were to meet after Tabelski issued a statement toward the end of 2024 that Batavia Players would be considered a “holdover tenant,” and the matter would be further discussed.
The new lease agreement is up for discussion at Monday’s City Council conference session. The commercial lease is for city properties 2, 35 and 39 in Batavia City Centre, including 11,052 square feet of “improved commercial space that was renovated by Batavia Players through a Downtown Revitalization Initiative and Anchor grant,” Tabelski said in a memo to council. “Base rent will remain $4 per square foot to be paid $3,684 monthly. Back rent will be paid $500 per month or more until the balance is satisfied.
"The lease also recognizes the city’s capital projects for the roof and HVAC units previously approved by City Council and clarifies how the Batavia Players shall submit requests for maintenance to the property,” she said.
The lease is to take effect April 1 for a period of 60 months to March 30, 2030. The tenant would have the option to renew “so long as the tenant is not in default under the terms of this lease” for a five-year renewal term at a negotiated rent not to exceed $6 per square foot.
If the city were to sell the premises, it would have to provide a six-month written notice of cancellation, and the tenant would be able to negotiate with the city to purchase the property at any time during the lease term, according to the lease.
