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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. 2 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. C 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