HomeMy WebLinkAboutResolution No. 6158RESOLUTION NO. 6158
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael, a contract, lease or agreement with
Marin Center to Utilize Exhibition Hall for Bod Squad Classes
July 21, 1981 through December 31, 1981
a copy of which is hereby attached and by this reference made a part
hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly intro-
duced and adopted at a regular meeting of the City Council of said
City held on Monday the 17th day of August
19 81, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ANNE M. LEONCINI, City Clerk
LICENSE AGREEMENT
MARIN CENTER
THIS AGREEMENT, made and entered into this 21st day of July
19 81 , by and between the County of Marin, as operator of the Marin Center,
hereinafter called "County", and
City of San Rafael.
Licensee.
WITNESSETH:
San Rafael Recreation Department/
The parties hereby agree as follows:
1. Permission is hereby granted to Licensee to use, pon the express terms and
conditions herein provided, the Exhibit Hall divided, 10,000 square feet)
at Marin Center from 5:15-6:45pm on Mondays and Wednesdays and from
7:15-8:45pm on Tuesdays and Thursdays. (See attached schedule for
dates.)
for the sole purpose of presenting the "Bod Squad"
2. Licensee agrees to pay for base rent therefor the sum of Two Thousand Eight
Hundred and Five Dollars ($ 2 , 805.00 )
or 10% of gross admission receipts to a maximum of $ N/A , whichever
is greater, less taxes. Payment of the base rent will be made within the time
required by County, but not later than thirty days in advance of initial occupancy
for the above -stated purpose on the dates and times indicated. In addition the
licensee will pay equipment rental fees as specified on page 5 of this contract.
The sums due for equipment rental fees or as a percentage of the gross receipts
plus any other additional charges required by County shall be paid during each
performance. County shall have a lien on all box office receipts for any sums
due it under this agreement. Representatives of County shall have free access to
the Marin Center facilities to check receipts for the purpose of computing the amount
due hereunder, and for such other purpose as the said County or their representatives
deem advisable.
3. Licensee herewith deposits the sum of $ N/A to guarantee payment
for damage, lighting, excess janitor, or platform work, additional rent beyond the
time for which payment has been made, removal from the facilities of all greenery,
decorations, debris, rubbish, exhibits, etc., within the period provided in this
agreement. The unused portion, if any, of said deposit shall be returned at
time of settlement provided Licensee has kept and performed all the terms and
conditions of this rental agreement. Licensee understands and agrees that any
deposit made on account of such rental is subject to forfeiture if, after the
rental privilege applied for has been granted, rental in full is not paid
promptly when due.
4. Licensee shall vacate the premises and remove all personal property, including
all debris, rubbish, boxes, broken wood, etc., within the time rented. The
Licensee shall also see that all greenery is taken down and removed, and that
all booths exhibits, etc., are removed. If the premises are occupied beyond the
time for which the fees have been paid in advance unless otherwise agreed,
Licensee will be liable for additional fees in the amount of $50.00 per half
hour or fraction thereof, before or after contracted time period for performances
and $30.00 per hour or fraction thereof for rehearsals.
5. The sale of seats in Marin Center shall not exceed N/A and shall
be in accordance with the established seating plan. The sale, disposition,
and procurement of tickets shall be under the joint jurisdiction of County
and the Licensee. All tickets shall be sold through the Marin Box Office.
6. Programs given to persons attending performances at Marin Center shall be
a minimum of N/A and shall not exceed 9-1/2 inches in width
and 11 inches in height.
The Licensee shall have the following announcements inserted in a con-
spicuous place in all programs, set in bold type and block:
"Marin Center. Owned and operated by the County of Marin
through the Board of Supervisors."
PATRONS ATTENTION, PLEASE!
FIRE NOTICE: There are sufficient exists in buildings to accom-
modate the entire audience. The exit indicated by the lighted
EXIT sign nearest your seat is the shortest route to the street.
In case of fire please do not run - WALK THROUGH THAT EXIT.
SMOKING AND REFRESHMENTS IN FOYERS.
NO SMOKING IN THEATRE AND SHOWCASE THEATRE.
No standees shall be permitted at any performance.
7. All electrical equipment brought into the theatres by Licensees to be
used in the presentation of a production, shall comply with and conform
to all the rules and regulations of the Board of Fire Underwriters, the
ordinances, statutes and laws of the City of San Rafael, and State of
California, and to the rules, regulations and directives issued by every
government bureau or agency exercising jurisdiction hereof. County
reserves the right to correct any violation placed upon said equipment,
at the sole expense of the Licensee, upon failure of the Licensee to
comply promptly in removing any such violation.
8. The Licensee may not substitute volunteers for house and stage personnel.
County is authorized to prohibit excessive use of volunteers in the
interest of safety and protection of the building and equipment.
9. The Licensee will be required to have and pay for sufficient police
protection provided for the safety of the public during use of the
premises. County shall have the authority to stipulate the number of
police and firemen necessary for a particular event.
10. Necessary operating personnel shall be furnished through County and paid
by Licensee. All of such personnel, while engaged in the performance of
their respective duties on behalf of the Licensee, shall, to that extent,
be deemed to be employees of the Licensee. The Licensee shall assume
responsibility for all damage and liability of any kind or nature caused
by or arising from any acts or omissions on the part of such personnel
and expressly waives any recourse against County for or on account of
such damage or liability.
11. The County retains all rights to the sale of food and beverage products
in and about Marin Center facilities and premises at all times, and
reserves the right to assign service privileges and to retain revenues
so derived. No bar, stand, tables, or foods, nor service of drinks,
ice cream or other refreshments shall be placed, sold or dispensed at
Marin Center without the prior written permission of County. Assign-
ment of space in permitted areas for service of drinks, ice cream or
other refreshments shall be at the discretion of, and at all times,
under the control of, and operated by and for the sole benefit of the
County of Marin. The Licensee shall not bring or cause to be brought
on to Marin Center premises nor into Marin Center facilities any
liquid refreshments, ice cream or foods, except with the prior written
permission of, and under the supervision of County. If permitted,
Licensee shall give County a cash bond to guarantee payment for damage
to the building by it, or its employees or patrons, and this bond shall
not relieve the Licensee from any other liability or obligation which
he may have or owe County.
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12. No circulars, pamphlets, literature or other printea, typed or written
matter of any kind shall be sold, loaned or given away at Marin Center
or any part thereof, including the steps, corridors and sidewalks
adjacent thereto, nor shall any collection, donation, or subscription
of any kind be taken up, solicited, requested, or received at any time
covered by this agreement, unless such circular, pamphlet, literature
or other printed, typed or written matter be first submitted to County
at least seven (7) days prior to such meeting and approved.
13. County has the sole privilege to sell, or have sold, sheet music,
phonograph or radio records during the engagement in accordance with
the guidelines approved by County.
14. The Licensee has the privilege of selling souvenir books, without any
advertising, in the lobby of the theatre, under the supervision and
direction of County subject to on -premise sales charges in accordance
with the guidelines approved by County.
15. The Licensee shall not bring, or cause to have brought, into Marin
Center any person or persons objectionable to the County of Marin.
16. Should the Licensee fail to fulfill the terms herein set forth, then
this agreement is null and void, and the Licensee shall forfeit all
sums of money paid in advance on account of the use of said space in
said complex.
17. No programs shall be televised, broadcasted, or recorded from Marin
Center without permission from County in advance of said televising,
broadcasting, or recording. In addition to the regular rental Licensee
shall pay to County an additional sum to be determined for such televising,
broadcasting, or recording.
18. The licensee expressly agrees to indemnify, defend and save free and
harmless the County, its officers, employees, agents and licensees
(individually and collectively), from all claims of any person or persons
for injuries to person or property occaisioned by or in connection with
the use of the premises hereby rented. The Licensee, during the term
hereof, will carry liability insurance in the amount not less than
$300,000/$500,000 public liability; $50,000/$100,000 property damage;
$300,000 liquor law liability when applicable
and compensation insurance in an approved company. The certificate shall
name thereon as additional insureds "the County of Marin, its officers,
employees, and agents". Insurance shall specifically provide that the
coverage includes the contractual liability for property damage, which
is the responsibility of Licensee pursuant to the License Agreement with
the County of Marin. Licensee shall not be entitled to occupy the
premises until satisfactory certificates of insurance are filed with the
Director.
19. The driving of nails, tacks, pins, etc., in the floors or in any wall,
ceiling, partition, door, window casing, or any other woodwork or other
portion of the building, and the changing in any manner or movement of
any fixture of the building without the written consent of County is
prohibited. No stand, platform, booth, electrical work, partition,
railing, enclosure, overhead structure, or other structure shall be
erected by the Licensee, unless the plan or description of same is filed
with and approved by County. Licensee guarantees to reimburse County
for all loss or damage to the premises or to the buildings or to the
fittings or furnishings thereof during the time the premises are used
or are under control of the Licensee.
20. County shall have the absolute right to enter the premises herein
specified, or any portion thereof, at all times.
21. All scenery and paraphernalia is to be fireproofed according to law,
previous to this engagement by the Licensee.
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22. If, in the judgment of County, the use to which said Marin Center or
space therein covered by this agreement shall be put by the Licensee,
is determined to be contrary to the public interest, or will be improper,
incendiary or dangerous to the public health, safety or morals, or will
or is likely to endanger or deteriorate the said building by fire, water
or other means of any nature, or if Licensee violates any of the pro-
visions hereof, then and in that event the Licensee agrees that this
rental agreement may be summarily cancelled without any notice whatsoever
to Licensee. The Licensee will be notified as soon as reasonably
possible whenever such cancellation shall be ordered by County on the
ground that the public interest so requires or appears advisable. In
the event of cancellation of this rental agreement, including any right
or privilege covered herein, the Licensee understands and agrees that
no liability whatsoever shall attach to the said County by reason of
such cancellation.
23. It is understood that this agreement may tend to obligate the County
for an extended term, and that such extended term commitments may in
the judgment of the County be found in time to be contrary to the
public interest. In the event therefore that such extended term com-
mitments are found to be contrary to the public interest, the County
reserves the right to cancel this agreement upon providing the Licensee
notice of cancellation not less than sixty days in advance of Licensee's
intended use of facilities. It is further understood that in the event
of cancellation of this agreement, including any right or privilege
covered herein, the Licensee agrees that no liability whatsoever shall
attach to said County by reason of such cancellation.
24. In the event of destruction of Marin Center by fire, or national or local
calamity, or any unforeseen occurrence including strikes or lockouts
which shall render the fulfillment of this contract by County impossible,
it shall not be held legally responsible by the Licensee for any damages
caused thereby.
25. It is hereby admitted by the Licensee that the premises are in a first-
class condition and fully fit and suitable for the purposes for which
they are let. Licensee hereby agrees to and hereby does release said
County from any and all damages and liabilities arising from personal
injury by reason of any defects.
26. Any privilege granted to the Licensee under this agreement cannot be
assigned without the written consent of County.
27. The Licensee agrees that there shall be no segregation or discrimination
practiced in Marin Center because of race, color, creed or sex against
any player or against any patron as to admission to or seating in such
theatre or other place of performance.
28. The Licensee agrees that every member of the performing company shall
abide by and conform to the rules and discipline for the government of
the Marin Center during the term of this contract, and that the Licensee
will pay for breakage or damage to property incurred by any member of
the performing company.
29. The performances to be given by the company of the Licensee must conform
with all the laws and ordinances of the city, state and national govern-
ments. If Licensee is prevented from completing performances because of
the violation or alleged violation of any law, County shall nonetheless
be entitled to retain any sums paid hereunder.
30. The lights at Marin Center may be shut off at the hour when the time for
which rent has been paid expires, and that the lights will be shut off
unless arrangements with County are made in advance of that hour for the
payment of the fixed rent for whatever additional time is wanted.
31. Licensee shall obtain full permission for the use of all copyrighted
material. Licensee shall indemnify and hold County harmless from any
liability for improper use of copyrighted material.
32• Additional provisions or modifications may be attached to this agreement
and when signed, shall. be binding on the parties.
33• This agreement may, upon the mutual consent of the parties, be modified
at any time.
34. Lessee agrees that all copyrighted material to be performed has been duly
licensed or authorized by the copyright owners or their representatives
and further agrees to indemnify and hold the County of Marin harmless
from any and all claims, losses or expenses incurred with regard thereto.
35• County shall have the authority to stipulate that there will be one
fifteen minute intermission, approximately one hour after the established
beginning time of performance. The County also reserves the right to make
an announcement as to concession facilities available.
Amount of Base Rental ...................$ 2,805.0 0
Deposit.................................$ -0-
Amount of Base Rental Due ...............$ 2,805.00
Equipment Rental:
Sound Equipment ...................... $
Spotlight ......................... ...$
Lekosor Fresnel ......................$
Tables....... ........................$
Chairs ................................$
Projector& Screen ....................$
Exhibition Booths .....................$
Other................................ $
Total Amount Due (Rental & Equipment) ... $ 2,805.00
Date July 21 , 19 81
COUNTY OF MARIN
By. —A B y � i .� 1 •= �'
Director ' County of Marin
Authorized Representative
LICENSEE
CIT OF SAN RAFAEL
By
Lawrence E. Mulryan, Ma r
Approved as to Form:
By 10
Edmund A. D g an, City Attorney
Appro,ve4—a-ems-- on t en t :
Rol:)Zi't F. - Bir ;� City Manager
Attest:
Jean M•:. Leoncini , Cit Clerk
1/2 EXHIBIT HALL
August 17, 18, 19, 20
August 24, 25, 26, 27
August 31, September 1
FAIRGROUNDS
September 2, 3, 7, 8
1/2 EXHIBIT HALL
September 9, 10, 14, 15, 16, 17
September 21, 22, 23, 24
September 28, 29, 30, October 1
October 5, 6, 7, 8
October 12, 13, 14, 15
October 19, 20, 21, 22
October 26, 27, 28, 29
November 2, 3, 4, (5 not available in Exhibit Hall)
November 9, 10, 11, 12
November 16, 17, 18, 19
November 23, 24, 25
November 30, December 1, 2, 3,
December 7, 8, 9
December 14, 15, 16, 17
December 21, 22
December 28, 29, 30, 31
Mon/Wed 39 x $35 = $1,365.00
Tues/Thurs 36 x $40 = $1,440.00
$2,805.00