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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.