HomeMy WebLinkAboutResolution No. 50405040
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf
of the City of San Rafael a lease or agreement with
► I Walla u411 1914 1 ► M u F.11 IN ILI ::► OM ►[MV I IN M.911111kll�
A copy of which is hereby attached and by this reference made a part
hereof.
I, MARION A. GRADY, City Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly introduced
and adopted at an adjourned regular / meeting of the City Council of said
City held on Monday the 22nd _ day of Spptpmhar 1975 S
19 , by the following vote, to wit:
AYES: COUNCILMEN: JENSEN, MISKIMEN, MULRYAN, NIXON AND MAYOR BETTIE
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
MARION A. GRADY - City Cle
TM111,10=
} i
LI C1=idSE AGRLf_f 1ENT
HARIN VL ERANS' f' 110RIAL DUI LDI IG A aD GROUIUS
THIS ACRrr1NT,
made and
entered
into
this
16th _ d.
of
Member___
_, 19
75 , by
and
betwoon
the County
of
?"Tarin, as operator of the Marin Veterans' Momorial Building
and Grounds, hereiiiafter called "County," and
City of San Rafael and San Rafael School District
WITNESSETH:
The parties liereby agree as foll0Ws :
. Licensee.
1. Permission is hereby granted to Licensee to use, upon the
express terms and conditions herein pro,,i.cied, the __
23,003 -seat theatre in the Marin Veterans' Memorial
BuildiRg, October 14, 1975 - 10:30 a.m. and 8 p.m.
for the sole purpose of --presenting the "United States
Armed Forces Bicentennial Band"
2. Licensee agrees
to pay therefor the
sum
N/A
Dollars
( $ ...
_N/A*
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, plus a sum equal
to N/A o of the gross admission receipts over and above
$ N/A derived from ticket sales admissions or rights
to admission, less taxes. The sums due 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 Building and Grounds 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 $ 50.00 to
guarantee payment for damage, lighting, -excess janitor, or
platform work, additional rent beyond the time for which
pa)-mont has boon made, removal from the buil ding of all
greenery, decorations, debris, rubbish, exhibits, etc. , With-
in the period provided in this agreement. The unused portion,
if any, of said deposit shall be returned at time of settle-
ment 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.
* Free use approved by County Superintendent of Schools.
4. Licensee shall vacate the promises c:nd remove all personal
property, including all debris , rl-lbbi sh , boxes , broken
wood, etc. , within the time rented. The Licensee shall
also soe that all greenory is taken dol•,n and romoved, and
that al.1 booths, exhibits, etc., are rcliuved. If the prc.0 is�•s
Z1170 occulii.ed beyond the time for wh1.ch the foes have hocrn paid
in adVancc 1.1111eSS othcrhi.se ,breed, L.i.cunsoe will be li.al-Ac
for addi. t i.onal Foos in the amount of $ 50.00 _ iler
half hour after 12 Midnight.
S. The sale of sats in the Malin Vote I-zins' 'icwor-i..11 Building
shall not exceed 2,003 and shall be in accordance with
the established seating plan. The sale, disposition, and
procurement of tickets shall be under the joint jurisdic-
tion of County and the Licensee. All tickets shall be sold
through the Marin Memorial Box Office.
6. Programs given to persons attending performances in the
.Marin Veterans' Memorial Building shall be a minimum of
2,003 and shall not exceed 9-1/2 inches in
IV . -ET and flinches in height.
The Licensee shall have the -following a nno1.lnce111onts inserted
in a conspicuous place in all p1'ograllls, set 1n. bold type and
block:
"Turin Veterans' Memorial Bui lding and Grounds .
Owned and operated by the County of Marin
through the Board of Supervisors."
PATRONS ATTENTION, PLEASE!
FIRE NOTICE: There are sufficient exits in this
building to accommodate 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 _REFRES1[M11\TS IN REAR FOYER.
NO SMOKING IN THEATRE.
No standees shall be permitted at any performance.
7. All electrical equipment brought into the theatre by
Licensees to be used in the presentation of a production,
shall comply with and conform to all the rules and regu-
lat-ions 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 p0rsnil,-101 shall be Fni-n1-shed through
County and paid by I,iconsee. 1111 of such h0rsonnel,
while engaged in the p0rfori:janc0 of the r respoct:ive
duties on behalf of the Licensee, shall, to that extent,
be deemed to be cmployces of the Licensee. The Licensee
shall assume responsibility for all d,!r^a; e 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 oil account of
such dai3lage or li_aUilitI
11. No bar, stand, tables, or booths, nor service of drinks,
ice cream or other refreshments shall be placed, sold or
dispensed in the -Marin Veterans'-Mcanorial Building without
the permission of County. -Assignment of space in per-
mitted places for service of drinks, ,.cc cream, or other
refresliments shall be, at all ti.mcs, under the control of,
and operated by and for the sole bone -f: -it Of 4-110 County of
Marin. The Licensee shall not bring or causo to be brought
in the -Marin Veterans' Memorial Building any liquid refresh-
ments, ice cream or foods, except with the permission of, and
under the supervision of County. If porini.tted, L:iccnee
shall give County a cash bond to guarantee payniurlt :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 ohne County.
12. No circulars, pamphlets, literature or other printed,
typed or written matter of any kind shall be sold, _loaned
or given away in the -Marin Veterans' %lomorial Building or
any part thereof, including the steps, corridors and side-
walks 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 ivith the guidelines
approved by County.
15. The Licensee shall not bring, or cause to have brought,
into the Marin Veterans' Memorial Building 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 building.
17. No programs shall be telciised, bro,idcristed, or recorded
from the Marin Veterans' -Memorial Building 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.
3
1.8. The Licensee agrees to save Coicnty free and lizvrililess from
all claims of �uiy person or lccrsons for :i.njtir:i.es to person
or property occasioned by or in connect- ion i;=i.th the use 'c) f
the promises hereby rented. 'I'llc L .CC11SeC, (111rin;; the term
hereof, will carry liability insi.1rallce in the allcocint not
Toss than _ __$100,000/$300000 Bodily Injury
__$25,000/_$._5000____ Property Damage
,iad l-oiopcn�:lt loll his"ranco in an appro�,od c:nmpany. Tnsurancc
_,hal l sI?eri. fi.cal.ly provide that the cover,igo i.nclu,les the
contiactual liability
for property damage, i�hich is the
respt)nsibi.l ity 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 Executive Dpi it ector.
19. The driving of nails, t[ll:ks, 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 W17itten consent of C,atnity is
prohibited. No stand, platform, booth, electrical work,
partition, railing, enclosure, overhead structure, or
other structure shall be erected by the Licensee, unless
tine 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 Linder control of the Licensee.
20. County shall have the absolute right to enter 'the promises
herein specified, or any portion thereof, at all times.
21. All scenery and paraphernalia is to be fireproofed according
to law, previous to this engageTrcent by the Licensee.
22. If, in the judgment of County, the use to which said Marin
Veterans' Memorial Building or space therein covered by
this agreement shall be put by the Licensee, is 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 provisions
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. In the event of destruction of tine Marin Veterans' Memorial
rui.lding by fire, or national or local calamity, or any
unforeseen occurrence including strikes o:r 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.
24. 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; and 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, whether patent or open
or hidden, latent and/or concealed, in said premises, or
from the negligence of said County in any way about or
upon the premises.
4
25. Any privilege granted to the Licensee under this agre.onent
cannot be assigned without the j, ri.Ll..l n consent of County.
26. The Licensee agrees that there shall be no segregation or
discrimination practiced in the ;Marin Veterans' 11Ie111orial
Building because of race, color, creed or sex against any
player or against any patron as to admission to or soating
in such theatre or other place of performance.
27. 'Tile Li.censce agrees that every member of the purforming
co.npr�ny shall abide by and conform to the rules and
discipline for the government of the Marin Veterans'
j%Jomorial Building during the term of this contract, and
that the Licensee will pay for breakage or damage to
property incurred by any murnber of the performing company.
28. The performances to be given by the company of the Licensee
must con Form with all the laws and o-rdinancos of the city,
state and national governments. If Licensee is prevented
from completing performances because of the violation or
alloged violation of any law, County shall nonetheless be
entitled to retain any suiiis paid horeunder.
29. The lights in the ;`Zarin Veterans' i•iemorial Building 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.
30. 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.
31. Additional provisions or modifications may be attached to
this agreement and when signed, shall be binding on the
parties.
32. This agreement may, upon the mutual consent of the parties,
be modified at any time.
Amount of Rental........ $ N/A*
Public Lia. Ins. Prem... $
Deposit ................. $
AmountDue .............. $
Date: September 16
COUNTY OF IMARIN
By:
Executive Director
Authorized Representative
CITY OF SAN RAFAEL
, 1975
50.00 (Paid 7/28/75)
N/A*
By:_ _
County o A;arin
Licensee
By:—
&4-t—
C7.�aulettini
Mayor
Title
Attest.
Marion A. Grady
City Clerk
* Free use authorized by CountySSuperintendent of Schools.