.NTU0.NTU0

CITY OF ATLANTA DEPARTMENT OF LAW ,,--- 26 l 4 FIRST NATIONAL BANK BUILDING Atlanta, Georgia 30303 ROBERT S. WIG G INS April 9 , 1969 MARTIN EDWI N RALPH JO HN E . M CFARLA N D L . STERNE C. JEN K I N S DOUGH E RT Y HENRY _L . B O WDE N C IT Y A T TORNEY FERRIN Y. M ATH E WS ASSISTAN T CI T Y A T TO R NEY Hon. I van Allen , Jr . / Mayor of At l anta Mr. J ack c. De l i us, General Manager of Parks Gentlemen: Pursuant t o a request of Mr. Jack C. Del ius, General Manager of Parks and Recreation, I have made inquiry with res pect t o the status of a prop building which was used by Municipal Theatre, Inc. during the summer theater seasons 1965 through 1967 at Chastain Municipa l Amphitheater. You will recall that Municipal Theatre used the facilities of Chastain Memorial Amphitheater free and their only monitary obligation, if it could even be called this, was to place a prop building at the rear of the Theater and turn the prop building over to the City of Atlanta at the expiration of the lease or any extensions thereof. As of this date, Municipal Theatre is still using the prop building, although the leas e has expired. It was with respect to this facet of the situation that Mr. Delius requested me to direct my inquiry. I contacted c ounsel for the now defunct Municipal Theatre, Inc. who had a gentleman by the name of Mr. Roland B. Anderton conta ct me. Mr. Anderton told me over the telephone that he represented the successor gr oup to Municipal Theatre, Inc. The following constitutes a substance of my telephone conversation with Mr. Anderton: After Mr. Anderton set forth who he was, he to ld me that he did r epresent the succ essor group to Municipal Theatre, Inc. He told me that Mr. Dillard Munford had a meeting with Mayor Allen and Mr. Milton Farris, Chairman of the Finance Committee, with respect to the successor group. Various financial arrangements were discussed with Mayor Allen and Mr. Farris to determine what could be done to have good theater in Atlanta this summer at the Civic Center. An arrangement was entered into with the City, with Mayor Allen and Mr. Farris acting as the City's repres entatives, whereby the Civic Center would be used this sunnner on what would in all probability be a reduced rate, said rate being predicated upon the proceeds of the successor group. Mr. Anderton went on to tell me two things that I feel are especially remarkable with respect to the situation concerning the prop building. The first was that if we take action �Hon. Ivan Allen, Jr. Mr. Jack C. Delius Page 2 April 9, 1969 to deny them use of the prop building, there would, in all probability, be no theater in the Civic Center for the summer season 1969. Second, he also told me that somewhere floating around in the back of his mind was a side agreement which I assume would modify the lease agreement above set forth whereby the City had given an additional ten year's use on the prop building. The above constitutes what I feel is remarkable with respect to the conversation I had with Mr. Anderton. I certainly do not purport to be able to bind the City in any respect and the primary purpose of this is, I assure you, for information purposes and also to request of you two gentlemen such direction to me as may be proper under the circumstances with respect to a disposition concerning the prop building. Should either of you have any questions with respect to the situation, please feel free to call upon me. Incidentally, Mr. Anderton asked for a copy of the original lease agreement between Municipal Theatre, Inc. and the City of Atlanta and! forwarded the same to him by transmittal of this date • . With my kindest regards to you both, I am Very truly yours, Thomas F. Choyce Associate City Attorney TFC/br �