A “counter-counter offer” is now on the table for the sale of the Rex Allen Theater.

The Willcox Historic Theater Preservation, Inc. (WHTP) and the Rex Allen Museum (RAM) Board plan to meet tonight, Wednesday evening, to iron out “a couple of items.”

WHTP President Gayle Berry said Monday morning, “The main issue remaining is the language around theater access through Windmill Park.”

“They agree to give us access, but the way we want the legal language is different from theirs,” she said.

The “access” the two groups are discussing is through the front part of Windmill Park.

Contacted Monday, RAM President Alfred Telles said, “There are two issues we’ve got to resolve,” namely the deeded easement and a shared use agreement.

While WHTP would like to have permanent, deeded access, the Museum Board would prefer to give them a “long term lease of egress and ingress,” Telles said.

He explained that “the Museum owns all of those blocks” in the walkway between the Museum and the theater.

As to the issue of wording, Berry called it “just an issue to be worked out -- not any real dispute.”

On Sept. 27, WHTP made a counter-counter offer to the Museum Board, effective through today, Wednesday, Oct. 3.

That offer states the purchase price of $50,000, including equipment. The down payment would be $6,000, and the interest rate five-percent.

While there would be a five-month payment deferral, the interest will accumulate from the first month and be added to the principal.

WHTP’s monthly payment would be $480, with a balloon payment due on month 89 of about $16,026.52.

The group reserves the right to prepay the note held by the Museum at any time, with no prepayment restriction or penalty.

The offer included “permanent, deeded access to the theater entrance, using the area between the theater and the museum buildings, from Railroad Avenue to the metal fencing at the west end of the walkway, including use of the ticket booth.”

WHTP would carry insurance on the building, as well as liability coverage for this permanent access as a part of its overall liability policy.

Because the Museum is offering the property for sale as is,  “there will be an inspection period of three business days, beginning when the sales agreement is signed by both the Museum and WHTP.”

“The Museum will provide access to the property for this inspection.”

At its Sept. 19 meeting, the Museum Board scheduled an executive session for Sept. 26 to discuss making its counter-offer to WHTP.

It addressed Berry’s Sept. 15 letter to Telles, outlining the offer she called “substantially what was discussed informally” between representatives of both entities on Aug. 29.

Berry’s letter asked that if the Museum Board had a counter-offer that it is made in writing.

WHTP’s proposed offer stated that it becomes “null and void in 10 business days from date of presentation,” so the Museum Board chose to meet on Sept. 26 – within the 10-day time frame.

Asked Monday why the Museum Board gave WHTP only five calendar days to respond to its counter offer, Telles said, “We wanted to get this all wrapped up for Rex Allen Days.”

“We wanted to get a tentative agreement on the table by the time of the festival, so that everyone can have a wonderful time, knowing that the deal is at arm’s length,” he said.

Even if an agreement is reached today, the Museum Board “won’t officially vote on it as a full Board until the October meeting, after Rex Allen Days,” Telles said.

WHTP plans to have a booth in historic downtown during Rex Allen Days, and maybe even its own float in the parade.

The Theater group is made up of Berry, Vice President Gary Clement, Treasurer Kurt Edelman, Terry Rowden, Carol Adcock, Ron Berry, Debbie Sunderland, Angela Fuentes, and Peggy Ottens.

Those interested in joining may contact Carol Adcock at (520) 384-2082 or Terry Rowden at (520) 384-3371.

Cochise Credit Union has a box available for monetary donations, or they may be mailed to: Willcox Historic Theater Preservation, Inc., P.O. Box 217, Willcox, Ariz., 85644.

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