Post on 07-Jul-2018
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CITY OF CARMEL-BY-THE-SEA
AGENDA BILL
RECOMMENDATION
1. Consider the proposed changes to the draft Forest Theater Use Agreement and provide staff
with direction.
2. Ratify the Forest Theater Use Agreement as amended by Council direction.
SUMMARY
Since 2005, two Forest Theater user groups - Forest Theater Guild and Pacific Repertory Theater –have operated under five-year license agreements to use the Outdoor Forest Theater. The most recentlicense agreements were issued in 2011. At that time, Pacific Repertory Theater was also issued a five-year license agreement for use of the Indoor Theater.
Those contracts have expired, and with the impending reopening of the Forest Theater, staff wasdirected to write an updated use agreement (the last agreement was written in 2005).
The updated Forest Theater User License agreement was reviewed by the City Attorney and CSAC,the joint powers authority that provides risk management services to the City. Recommended changeswere incorporated into the document.
The Community Activities and Cultural Commission reviewed the draft use agreement at its March 8,2016 regular meeting and at a subsequent special meeting on March 17, 2016. The Forest TheaterGuild and Pacific Repertory Theater, represented by Pacific Repertory Theater Executive DirectorStephen Moorer, spoke to the draft agreement and submitted a list of proposed changes. Thecommission considered the requested changes, and after discussion approved the followingrecommendation to the City Council: “Forward the Forest Theater Use Agreement with the followingproposed changes to the City Council for consideration” (proposed changes in red).
AB 1113
Apri l 4, 2016Orders
TO: Honorable Mayor and Members of the City CouncilChip Rerig, City Administrator
FROM: Janet Bombard, Library and Community Activities Director
SUBJECT: Consideration of proposed amendments to the Draft Forest Theater Use Agreement
AMOUNT OF EXPENDITURE $ N/A
AMOUNT BUDGETED $ N/A
APPROPRIATION REQUIRED $ N/A
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• Page 2, Number 4, Termination of License Prior to Expiration of Current Term: USER mayterminate the license at any time during the agreement term by giving fifteen (15) 120 days writtennotice to the City Administrator stating the effective date of termination. CITY reserves the right toterminate the license prior to expiration of the term, with respect to all or any portion of the License
Area, upon fifteen (15) 120 days prior written notice to USER in the event CITY requires use of theLicense Area for any public purpose.
Staff notes that 120 days is four months, which exceeds the amount of time the Forest Theater Guild isallocated for its tenancy at the Outdoor Theater, and equals the amount of time allocated to Pac Rep,thereby nullifying the City’s ability to terminate the license prior to expiration of the current term. If Councilis not comfortable with the item as originally written, consideration might be given to 30 days written notice.
• Page 2, Number 4, Line 10: CITY may also terminate the license in the event of any default byUSER in the performance of its obligations under this Agreement if such default is not cured withinten (10) thirty (30) days after written notice thereof delivered to USER, or such other period of timeas may be specified in the notice.
• Page 3, Number 8, Outdoor Theater Hours of Operation: No work, including rehearsals,performances and construction will begin before 9:00 a.m. With the exception of rehearsals allwork, including construction of sets, shall end by 5:30 p.m. All amplification of sound shall beturned off no later than 10:00 p.m. All rehearsals, performances, and after-parties shall end nolater than 10:00 p.m., and the premises vacated by 10:30 p.m. During rehearsals, allamplification of sound shall be turned off no later than 10:00 p.m. All rehearsals, performances,and after-parties shall end no later than 10:30 p.m., and the premises vacated by 11:00 p.m.,non-inclusive of valet or pick-up/drop-off services.
• Page 14, Outdoor Forest Theater Use Agreement, Schedule “C”, Occupancy: Theater
occupancy will be limited to 540 572 persons; in addition, the number of tickets printed shall not
exceed 540 572 per event.
Staff notes that this section came from the previous license agreement, which restricted the occupancy
and number of tickets to fewer than the number of seats in the venue. Staff recommends having the
Fire Marshall determine the occupancy levels.
• Page 15, Housekeeping Responsibilities, Bullet point 8: User shall repair, within five (5)fifteen15 days, any and all damage to the facilities and grounds or any other property, whichwas a result of User’s activities as encompassed by this permit, at organization’s expense. Citywill be the sole judge of the extent of damage.
• With regard to reserved parking spaces set aside for accessible parking, the person responsiblefor the parking plan may release these spaces, if the parking spaces are not used.
PRIOR CITY COUNCIL ACTION
Unknown.
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ATTACHMENTS
1. Draft Forest Theater Use Agreement2. Previous Forest Theater Use Agreement
APPROVED
Date
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ATIACHMENT- 1
FOREST
THEATER
USE AGREEMENT
THIS LICENSE AGREEMENT, dated
- - - : - - - - - - -
2016,
between THE CITY
OF
CARMEL-BY-THE-SEA,
a
municipal corporation (hereinafter CITY ) and,< >is made
with
reference
to
the following facts:
A.
CITY is
the
owne
r
of
he
real
property with
improvements commonly known
as
the Forest Theater
located
at
Santa Rita Street and
Mountain
View Avenue, legally described in Exhibit
A
attached
hereto and incorporated herein
by
this reference.
B.
< > (hereinafter USER ) desires
to
rent
the
space
within the
CITY of Carmel-by-the Sea
commonly known as
the Outdoor
Forest Theater during the following dates
on ly :_ .
Said season
will begin
_ a n d
end _ . The CITY
is
willing to
grant
a revocable license to USER
to use
and
occupy the Outdoor Theater of the License Area during t he above stated dates
for
the purposes
authorized by this Agreement, subject
to
all
of the terms
and conditions hereinafter set
forth.
NOW,
THEREFORE
,
i t is
agreed
as follows:
1 Grant of
License.
CITY
hereby grants
to USER
a revocable license
to
use and occupy
the Outdoor
Theater
portion of
the
Forest Theater
for
the purpose
of
providing public, educational, cultural,
entertainment
and
community
events.
CITY
agrees
to
use the
Outdoor
Forest Theater
for
the
following
purposes and to
limit
its use
to
such purposes: provid ing public, educational, cu ltural,
entertainment and community events with all of the applicable conditions and requirements set
forth in this use agreement.
2. License Area. The area
to
be occupied by
USER
(hereinafter License Area ) shall be
the Outdoor
Forest Theater located at Santa Rita Street and
Mountain
View Avenue, Carmel-by-the-Sea,
California (Exhibit A) .
3.
Condition
of
License Area. Use
ofthe
License Area
is
being granted
to USER
in its present
condition and CITY shall have no obligation
to
make any alterations
or
improvements
to the
License Area
to
accommodate
USER s
use.
U S ~
acknowledges
that
CITY
has made no
representations
or
warranties concerning
the
condition
of
the License Area
or
its suitability
for
USER s intended use.
It
shall be
the
responsibility
of
USER to conduct
such
inspections ofthe
License Area
as
it deems necessary
to
satisfy
itself that the
License Area
can
be used
for the
pur
poses intended by
USER.
The inspection will be performed
prior
to the agreed upon move-in
date,
with
CITY
staff
in at tendance and concurrent
with
a CITY staff checklist and video inspection
of
the facility,
the
purpose
of
which
will be to
ascertain and
document
the condition
of
the facility
prior to
USER moving in. USER shall provide a detailed list of work that is planned to be
performed
during
the
site inspection, including
what
building materials are proposed
to be
used,
for staff to
review. The facility will also be subject to a CITY staff inspection upon the
USER
moving
out
the purpose
of which
will be to
identify
modifications, damages, potential hazmat
disturbances, etc.
that may
have occurred and to assess
the
general cleanliness
of
the facility.
4. Termination
of
License Pr ior
to
Expiration
of
Current Term.
USER
may terminate the license
at
any
time during the agreement
term
by giving fifteen {15) day written notice
to
the City Administrator
stating the effective date
of
termination. CITY reserves the r ight
to
terminate the license
prior
to
expiration of
the
term,
with
respect
to
all
or
any portion of the License Area, upon fifteen (15) days
prior
written
notice
to
USER
in
the
event
CITY
requires
use of
the
License
Area
for
any public
purpose. Should the CITY determine
that
the operation
of the
OutdoorTheater
is
causing damage
to the
Licensed Area
or
creates a traf fic
or
health
or
safety hazard, the
CITY
may immediately
terminate the license agreement. CITY may
also
terminate the license
in
the event
of
any default
by
USER
in the performance of its obligations under this Agreement if such default is not cured
2
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ATIACHMENT- 1
within ten (10) days after wri tten notice thereof delivered to USER, or such other period
of
time as
may
be
specified in the notice.
5. Permitted Uses. The License Area shall
be used
and occupied by
USER
solely for the following
purposes, and limited
to
such purposes: providing public, educational, cultural, entertainment
and community events.
6. Submittal
of
Performance/Rehearsal/Technical
Work
Schedules.
USER
will submit schedules
of
all Outdoor Theater performance, rehearsal and technical days with start and finish times to the
Community Activities department fourteen days
in
advance of the scheduled move-in date. Any
and all revisions
of
said schedules must
be
submitted
to
the Community Activities Department
at least seven days before said revision will take place.
7. Move in/ Move out. USER shall
not
begin moving equipment, furnishings, other property or
personnel
onto
the Premises prior to the move-in date and
time
. Any equipment, furnishings,
or
other property belonging
to
USER remaining upon the Premises after the move-out date shall
be
deemed abandoned and may be disposed of by
CITY,
at such time and in such manner as
CITY
may determine at its sole discretion.
USER
agrees
to
pay to CITY upon demand any and all costs
of
remova l and disposal of abandoned property. USER acknowledges that CITY shall have no
liabili ty whatsoever
for
any lo
ss
of
or
damage
to
Renter's equipment, materials
or other
property which may arise as a result
of
such disposal.
8. Outdoor Theater Hours of Operation {Restrictions and Limitations). No work, including
rehearsals, performances and construction will begin before 9:00a.m.
With
the exception of
rehearsals all work, including construction of sets, shall end by 5:30p.m .
Al
l amplification of
sound shall be turned
off
no later than 10:00 p.m. All rehearsals, performances, and after
parties sha ll end no later than 10:00 p.m ., and the premises vacated by 10:30 p.m.
9. Rental Rates. USER agrees
to
rent the Theater and
to
pay all charges as set forth in Exhibit B
entitled Re ntal Rates and Charges ; attached hereto and incorporated herein by this reference.
10. Forest Theater Rules and Regulations; Housekeeping Responsibilities. USER
ag
rees
to
comply
with all Forest Theater
Rules
and Regulations and Housekeeping Responsibilities as set forth in
Exhibit C ; attached hereto and incorporated herein by this reference.
11. Building Use Regulations.
USER
shall not in any way make alterations or improvements to the
Forest Theater
without
the prior
written
consent and oversight
of CITY
. To ensure compliance
with the limitation hereby i
mpo
sed on the USER, CITY reserves
th
e right to place restrictions
upon, or prohibit, the installation by
USER of
any signs,
floor
coverings or fixtures; or the
affixation by USER of any nails, spikes, lighting, posters, signs, or adhesive- backed items such
as
stickers, tape, etc. to any part of the Outdoor Forest Theater. Additionally, USER agrees to
comply with all Forest Theater Rules, Regulations and Responsibilities as set forth in Exhibit D ;
attached hereto and incorporated herein by this reference.
12. Hazardous Building Materials. In
case
of
disturbance
of
hazardous materials
USER
shall notify
the CITY immediately. USER shall
be
responsible for cleanup
of haza
rdous material pursuant
to
EPA
standard protocols.
USER
shall be responsible
for
any damages costs incurred as a result
of
potentia l exposure
to
hazardous materials
of
occupants workers.
13. Compliance
with
legal Requirements.
USER
shall strictly comply with all applicable federal, state
and local laws, including hazardous building materials awareness. Further, USER shall strictly
comply with all applicable CITY laws, ordinances and regulations. USER agrees
to
comply with all
Forest Theater Rules and Regulations Housekeeping Respons ibilities as set
forth
in Exhibit C
attached hereto and incorporated herein by reference. USER shall have any and all agents,
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AITACHMENT- 1
volunteers and employees sign and return to USER a copy of
th
e Forest Theater Rules and
Regulations/Housekeeping Responsibilities prior
to use
ofthe facility. USER shall also notify all
agents, volunteers and employees
that
they are
to
comply with all laws, ordinances, and
regulations adopted
or
established by federal, state,
CITY or
local government agencies.
14 Indemnity USER
agrees
to
indemnify, defend, and hold
CITY,
and its officers, officials, board
s,
commissions, employees, and agents, harmless from and against any and all claims, demands,
causes of action, liabiliti
es,
costs
or
expenses, including attorney's fees, occasioned by
or
in any
way connected with the condition, use or misuse of the License Area or occasioned by any
negligent act
or
omission of USER
or
its, agents, volunteers and employees
or
arising from any
breach
of
this License Agreement
by USER or
any
of
its
sub-USERs,
agents, volunteers and
employees. The indemnity obligations of USER set forth herein
sha
ll survive and continue beyond
the term of this License Agreement.
15 Liability of
US
: USER
shall assume all liability for any injury
to
persons
or
damage
to
property
that may arise from any accident
that
occurs on
or
about the Outdoor Forest Theater
as
a result
of
the u
se
and or occupancy
thereof
by USER.
16 Retention of Deposit: Any failure by USER to use and or occupy the Outdoor Forest Theater in
the
manner herein provided shall
not
entitle
USER
to
a return
of
the deposit.
17 Security: USER
shall provide
at USER s
expense adequate and appropriate supervision and
security
as to
insure the safety and security of the public, personnel and Outdoor Forest Theater
dur ing occupancy.
18 Inspection: CITY re
serves the right
to
enter any and all parts
of
the Forest Theater at times for
the
purpose
of
examining same
to
ensure compliance by
USER with
the terms
of
t his Agreement
19 Liability Insurance
During
the
term
of
this License Agreement,
USER
shall procure and maintain
in full force and effect at USER's expense: (i) commercial general liability insurance with a
limit
of not
le
ss
than One Mill ion Dollars ( 1,000,000.00) per occurrence, and Two Mill ion Dollars
general aggregate( 2,000,000.00) ; automobile liability insurance with a minimum of
1,000,000.00 limit per accident; and Workers' Compensation Insurance
as
required by the
State
of
California; and employer's liability insurance
with
a minimum 1,000,000.00 limit per
accident insuring against all liability of USER and CITY for bodily injury and property damage and
personal
&
advertising injury arising
out of or
in connection with USER, use and occupancy
of
the License Area and also insuring performance by USER) of the indemnity provisions set for in
Section 10
of
this License Agreement. The
CITY sha
ll be named
as
an additional insured by
endorsement.
USER sha
ll provide
CITY with
the necessary Certificates
of
Insurance evidencing
CITY as additional insured to the Community Activities Department. The amount of such
general liabil ity insurance shall not
limit
USER s liability nor relieve USER of any obligations
under this License Agreement. The ge neral liability insurance policy shall name CITY, and its
officers, officials, boards, commissions, employees, agents, and volunteers
as
additional insured
parties there under, and
sha
ll be endorsed to provide that: (i) the insurance coverage there
under shall
be
primary
with
respect
to
CITY;
and (ii) no cancellation
or
reduction in coverage will
be made
without
thirty (30) days prior
written
notice
to
CITY by the carrier. As a condition
precedent
to
CITY performance pursuant
to
this Agreement, USER shall file a certificate of
insuran
ce with
the Community Activities Department
two
weeks before move-in date showing
that they have in effect the insurance required by this agreement. USER sha ll file a new or
amended certificate
of
insurance prompt ly af ter any
cha
nge
is
made
to
any insurance pol icy
which would
alter
the information on the certificate then on file.
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ATIACHMENT- 1
FOREST
THE TER
USE GREEMENT
Exhibit A
Lots One
to
Fifteen inclusive in Block 85
as
shown and
so
designated on the map of Addition
Number 5
to
Carmel-by-the-Sea
on t
erey County California filed on
th
e date of February 9 1910
now
on file and on record in the office
of
the County Recorder
of the
County of Monterey State
of
California in ap Book Two Cities and Towns
at
page
22
.
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OUTDOOR FOREST
THEATER USE AGREEMENT
EXHIBIT
B
ATIACHMENT
-1
Final payment and Gross Receipts must
be
made
to
the City
of
Carmel-by-the-Sea's office
within
five
(5) business days of performance or, in
the case
of a series, five (5) business days of last
performance.
RATES AND CHARGES FOR FOREST THEATER
Rental of the Outdoor Forest Theater includes use of dressing rooms, backstage area and box office.
1.
Technical work or rehearsals -
No
admission charged: 25.00/day
2. Admission charged or other consideration, per performance: (10%) of Gross Receipts, which
is total gate, or 25.00 per day whichever is greater. Where fees are expressed
as
a
percentage of gate receipts, said receipts shall include all sums from gross ticket sales
whatsoever,
with
no deductions allowable
for
taxes, costs
or other
expenses. User shall
submit ticket sales receipts for each and every performance along with payments.
3. A clean-up security deposit
of
200 will
be
required by
the
City.
SCHEDULE
OF
PAYMENTS:
In event of cancellation, the city of Carmel-by-the-Sea reserves the right to retain the total payment
unless another user reserves the designated space ,(on that date) in which case the City will retain 100
to cover
the
administrative costs including rebooking.
USER agrees to pay the CITY 25.00 for each requested use date and on performance dates, a minimum
of 25.00 for each performance or ten percent (10%) of gross receipts whichever is greater. (Gross
receipts are defined as total gate.)
The City has provided a schedule of payments due
for the
2016 season attached as Schedule A .
CONTRACT
AND PAYMENT
A contract will
be
drawn up, and
only after
such contracts have been approved and signed by the User
and the City of Carmel-by-the-Sea City Administrator, and only a fter appropriate advance payments
have been made will the agreement become valid. All payments for
the
use of
the
theater and/or
supplemental facilities will be made in strict accordance with
the
payment schedule included in
the
contract. Failure
to
make any payment
as sc
heduled will terminate
the co ntract
forthwith. Any User
who charges admission
or
collection any donation, gift,
or other
consideration as a condition
of
admission will make his/her receipts available to the City
of
Carmel-by-
the
-Sea City Administrator for
inspection and will pay any additional fees [base d on ten percent
(10 )
of gross receipt] due
the
City. All
payments are to
be
made in cash, check or bank money
order
. First
payment
is to be made prior to
access to premises.
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FOREST
THEATER USE
AGREEMENT
EXHIBIT
C
ATIACHMENT- 1
ALL CONDITIONS ND TERMS SPECIFIED IN THE
FOREST
THEATER USE AGREEMENT APPLY TO THE
INDOOR
FOREST
THEATER.
RATES ND CHARGES FOR INDOOR FOREST THEATER
Rental
of
the Indoor Forest Theater includes
use of
the theater under the outdoor stage and the
downstairs storage area.
SCHEDULE
OF
P YMENTS
USER agrees to pay the CITY 160.00 per month, due the s th of each month. Additional scheduling of an
outside performer (other than< Name of User Group>) must be approved by the City and not be in
conflict with other performances
at
the Forest Theater.
CONTRACT
ND P YMENT
A contract will
be
drawn up, and only after such contacts have been approved and signed by the USER
and City Administrator representing the CITY and only after appropriate advance payments have been
made will the agreement be come valid . All payments for the use of the theater and /or supplemental
facilities will be made in strict accordance
with
the payment schedule included in the contact. Failure to
make a payment scheduled will terminate the contact
forthwith
Any
USER
who charges admission
or
collects any donations, gift, or other consideration as a condition
of
admission will make his/ her receipts
available to the City administrator
for
inspection and will pay any additional fee (based on ten percent
(10%)
of
gross receipts) due the CITY. All payments are to be made in cash, check or bank money order.
First payment is to
be
made prior to access to premises.
Date:
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FOREST
THE TER USE GREEMENT
Exhibit
D
ATIACHMENT
-1
The facilities will be based in accordance with the conditions and requirements set forth in the Rules
and Regulations
for
Use
of
Facilities, a true copy
of
which
is
attached hereto, Schedule
C ,
and User
acknowledges
that
he is aware of these regulations. User Agreement grants the right to use only the
facilities, equipment, and services as are specified. User acknowledges that he/she
is
aware of the
extent and kind of such equipment and services.
The City will permit the User to
use
the facilities herein described
for
the periods of time herein set out,
except that if such facilities are rendered untenable by fire, windstorm, earthquake,
or
other
catastrophe
or
act of
God,
this User agreement will be deemed canceled
as
between the parties; and
the City shall have no obligation
to
User by virtue of the execution of the agreement except
for
the
refund
of
any advance payment and/or deposit.
User agrees to obtain
written
permission to perform any material subject to copyright from the owner
of the copyright prior to performing the material at
FOREST
THEATER. User agrees to indemnify and hold
harmless the City
from
any and all claims, damages,
or
expenses arising from any violation of
or
infringement upon copyrights by User.
Schedule B is attached for Season beginning< >.
In
the event that major upgrades are required
for the Forest Theater facility, Schedule A will be revised at the discretion of the City.
PROTECTION OF PROPERTY ND F CliTIES
It is
the responsibility of the User
to
protect all property and facilities in use by User, hi
s/
her agents,
employees, audiences
or
anyone else authorized
to
enter
property by User.
An
appropriate Clean-up
and Security deposit may
be
required of each User. At the close of the contract period, the cost of
replacing any loss repairing any damage or performing any excessive clean-up will
be
deducted from
the deposit. This includes but
is
not limited to damage caused to any technical equipment by misuse by
User/staff/technicians/volunteers or any 3rd party vendor. If the cost of such correction exceeds the
amount of the security deposit, the deposit shall be forfeit and the remainder due shall become a debt
owed by the User to the City and shall be subject to collection as provided by the law. Any unused
portion
of
the deposit will be refunded.
FOOD
ND
BEVER GES
No food or beverages or other comestibles can be furnished,
sold,
or given away anywhere in and about
Forest Theater facilities without first obtaining written permission from the City
of
Carmel-by-the-Sea's
City Administrator office.
Such
permission can be revoked at any time. The request
for
the permit shall
state the following:
a Type of
food,
beverage,
or
other comestibles
or
merchandise to be furnished.
b The name(s) of the person(s) who will furnish the
food,
beverages,
or
other comestibles and
operate the space.
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ATIACHMENT 1
c
The name, address, and telephone number
of
the responsible person plus the same
information for the person(s) responsible for the cleanup of
space
used.
Health Department Permit umber
Resale License Number
User
will
also furnish t the City a copy of each and every Alcoholic Beverage Control License obtained
for the premises.
FOREST THE TER USE AGREEMENT
Exhibit D continued
GREEMENTS
User will complete a Forest Theater Event Report for each event. Form to be supplied by the City.
.>
User will file a set of construction plans and revisions with the City at lease (3) weeks
prior to the beginning
of
any set construction. All plans, and revisions for all plans, must
be
drawn in accordance with standard construction practices and meet all Uniform
Codes and State safety requirements for stage/set construction at the Forest Theater.
Plans and subsequent construction are the responsibility
for
stage/set Construction at
the Forest Theater .Plans and subsequent construction are the responsibility and liability
of the user and subject
to
inspection and approval by the City.
.>
User will obtain a
permit
before any work requiring a
permit is
commenced, sign a
notarized Hold Harmless Agreement, and provide a liability insurance endorsement
policy in the amount
of
1,000,000.00 adding the City, it's employees, elected officials,
officers and agents as additionally insured pursuant to the Municipal Code
of
the City
of
Carmel-by-the-Sea.
Any equipment brought in for by User for
use
in the Outdoor or Indoor Theaters may
be
inspected by City staff
for
compliance with fire and safety regulations. Any equipment
not
in compliance
or
deemed unsafe cannot
be
used in the theater. The City accepts no
responsibility
for
the equipment, its storage, loss,
theft or
damage.
;>
All electrical connections, modifications
or
installations shall be made by certified
electricians, and permits must be obtained from the City Planning and Bui lding
department. All technicians and technical/stage crew personnel must already
be
trained on equipment and meet the necessary skill sets of equipment operation.
; User will maintain the premises in a clean and neat manner. Keep the grounds and
dumpster-area clean and free of trash, waste, and rubbish . Any costs for cleaning
incurred by the City will be charged to the user.
;.
User will provide as needed, responsible accommodation and personnel to assist
disabled audience members to and from their theater seats.
1
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177
ATIACHMENT -1
.
If
conflicts
or
disagreements arise in regard to this Forest Theater use Agreement and
are not resolved, the matter will be given to the City Administrator. All decisions by the
City Administrator are final.
GENER L PROVISIONS
City will provide
to
the best
of
its abil ity and
at
its expense, utilities, maintenance
of
public restrooms, and waste management services. Any mechanical failure wi ll not void
this contract; the City wil l make every effort
to
correct technical and mechanical
problems regarding utilities but cannot
be
held liable if such problems are beyond City
control. Available dressing rooms will be provided at no cost
to
the User. All other
services
or
conditions will be at the expense of user. User is responsible f
or
contracting
the City to arrange deliver and pick-up
of
a dumpster duri
ng
set-up/strike. The City w ill
clean the site prio r to opening. The user agrees to abide by all rules and regulations as
out
of the City in Exhibit D and Schedule C .
11
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FOREST THEATER
USE
AGREEMENT
EXHI IT E
ATIACHMENT - 1
All visitors including people with disabilities must be able
to
move about with safety and ease It is the
responsibility
o
the
USER
to
develop and implement a plan
to
provide a method
o
providing accessible
parking
to
patrons with disabilities who are attending events in private vehicles. The plan wil l address
the issue o getting people with mobility impairment safely between their vehicles and the theater box
office and seating and will address both the Outdoor and Indoor Theaters.
Prior
to
commencing tenancy the proposed plan will be submitted
to
City staff
or
review. Tenancy will
not be granted until such time as the plan has been approved.
2
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179
SCHEDULE OF
PAYMENTS:
OUTDOOR
FOREST THE TER USE
AGREEMENT
SCHEDULE A
ATIACHMENT
-1
In event of cancellation,
the
City
of
Carmel-by-the-Sea reserves
the
ri
ght to
retain
the total
payment
unless
another
user reserves the designated space on
that
date) in
wh
ich
case
the City
will
retain
500
.00
to cover the administrative costs including rebooking.
USER agrees to pay the
CITY
$25.00 for each requested use date and on performance dates, a minimum
of $25.00 for
each
performan
ce or ten percent {10%) of the
gross receipts whichever
is
greater. Gross
receipts are defined as
total
gate.)
USER agrees to
pay <
> < >tech rehearsal load
in
days) advance payment
due
no
later
than
July
20, 2005
and
further
agrees
that
additional payments
will
be made
as
follows:
10
of
gross receipts
for
[name
of
play]
no later
than<
DATE >
and
10 of
gross receipts
for
[name
of
play] no
later
than<
DATE >
and
10 of
gross receipts
for
Concession Stand sales
no
later than<
DATE
>
Da te
13
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OUTDOOR
FOREST THEATER
US
AGREEMENT
SCHEDULE B
List Scheduled Performances)
4
ATIACHMENT
- 1
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OUTDOOR
FOR ST
THEATER
US
AGREEMENT
SCHEDULE C
ATIACHMENT
1
Forest
Theater
Rules and Regulations
Smoking
No
smoking shall
be
permitted within any part
of
the Forest Theater including
stage and backstage areas. All programs printed by the Use r shall bear a
statement indicating the regulations on smoking.
Occupancy
Lighting
Exits
Materials
Personnel
Fire
Police
Theater occupancy will be limited to 540 persons; in addition, the number of
tickets printed shall not exceed 540 per event. When selecting and producing
performances, User shall
be
sensitive
to
the neighbors concern
for
noise and t
he
beauty
of
the surroundings. No standing or sitting in aisles or on the stairways is
permitted. The User will not permit any person to act in any manner, which
creates a hazard,
an
annoyance or a disturbance within any City premises; and
the User will immediately take all needful corrective action should such a
situation arise.
All legally required lights must be on at all times when facilities are occupied.
No exits from any room, theater, stage, backstage or dressing rooms areas shall
be blocked or be permitted to be blocked or obstructed in any way.
Only non-flammable materials shall
be
used in the construction of scenery,
drops, props, drapes,
or
decorations, unless they have been treated with flame
retardant material approved by the State Fire Marshal. Any flammable scenery
or
materials found on the stage, backstage area,
or
any other area, shall be
immediately removed regardless of
whether or
not a performance is taking
place.
All front-of-house and
ba
cks tage personnel will
be
subject to the direction of
the person in charge.
n
adult individual 21 years
or
older) must
be
present for
all activities associated
with
this use agreement.
The Fire
Marshal Carmel
Fire Department sha ll
be
responsible
for
the
enforcement of fire safety regulations. He/she may require the presence of fire
marshal, if, in his/her opinion, one
is
needed.
The
Police Chief/Carmel Police
Department shall be responsible for
enforcement
of
security regulations.
If
he/she determines uniformed police are
required, User will
be
required
to
pay any costs
for
some.
5
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182
ATIACHMENT
1
FOREST THE TER USE GREEMENT
Schedule
C
continued
Parking
Sleeping
User sha ll NOT be permitted to charge
for
the
use of
parking facilities. There
shall be no reserved parking
other
than
that
necessary
to
provide
for
a
City-approved accessible managed parking plan.
Overnight accommodations in
house trailers, campers, recreational vehicles,
etc
.,
on the premised will not permitted .
HOUSEKEEPING
RESPONSIBILITIES
y No structures
or
sets are to be built unless specifically provided for herein
y
No
trees, shrubbery or other vegetation shall be cut, tr immed or injured.
Fires
wi
ll not
be
permitted except under the following guidelines established by the
Carmel Fire Department
and the City.
•
Fires in
the pits are allowed only
dur
ing full tech rehearsals, dress
rehearsals, and performances
• Only clean, unpainted firewood may
be
burned
• No painted, varnished, plywood or particle board may
be
burned
• No trash may
be
burned
• A garden hose must
be
available to extinguish the fires in
an
emergency
and after the performance
• Fires must be extinguished after the performance and t he exit
of
the
patrons
• Fires must be of a
size so as not to
endanger the vegetation, sets,
acJors,
or
audience
• Fires shall
be
extinguished immediately
ifthe Carmel Fire Department
deems then unsafe for any reason
... User will have all vehicles associated with their events s) parked in areas designated by
the City.
> User will provide parking and traffic control for all vehicles as directed by the City
and/or
the Carmel Police Department
User will maintain the grounds of the entire outdoor facility during outdoor occupancy
in a clean, sanitary and litter free condition and will restore the area to as good
or better
condition than
it
was received.
> User shall clean the outdoor ground {including refuse removal to dumpster), seating
area and stage immediately after each
outdoor
performance.
> User shall repair, within five {5) days, any and all damage
to
the facilities and grounds
or
any other property, which was a result
of
User s act ivities as encompassed by this
permit, at organizat ion s expense. City wil l
be
the sole judge of the extent of damage.
All lighting cables and wire shall be kept neat and tidy.
Signed
Date: ______________________
__
6
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183
ATTACHMENT 2
FOREST THEATER
OSE
GREEMENT
r:-iiS
A G R £ 2 ~ 1 2 ~ 1 1 i s
maje
ar.d ente::::
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184
4. Outdoor Theater Hours o f Operation
Restr ic t ions and
Limitat ion
A.
WHh
the
ex:ceptior.
includ ing
c o n s : r ~ c t i o ~ o f e ~ s s ha ll
not
b g i ~
unt i l
9:0J
a. m. o n S
und
a ys .
of
:::
e
hear
sa
l s
er.d by 5:3•) p.m .
a l l
wo r k
a .:1:i si :a ll
a.
Al:
ampli
f i c
a t ion
o sound
h a ~ l
be n e d o : f
~ a t e r
~ h a ~
1 0:00 p.m.
dur ing rehe
arsa l s .
C. Ali r ehear sa l s a nd per f o r ma.:1ces s ha l l e ~ d .:10
l a t e r tha.:1 10:30 p .
m. and t h : p : : : e m ~ s
vacat ed by
11:00 p.m.
5 . Rental Rates
USE R agre es to re n t
t h e T H
~
a
d t >
pay al i . charges as
s e t
for th
in Exi : ibi t
B"
e n t i t l e
d,
Re
nt
a l
Rates
and C:Hrges",
atta : :h
e d h e r e
to
a.nd
ir :cor
po:::-ated here in
by
t h i s
r e f: rectce.
6.
Forest
Respons ib i l i t i e s .
Theater
Rules
and Raqulations
i
Housekeeping
uS
ER a
gr
e es to comply with a ll 2ores t Thea
t e r
Rul e s a
nd
Re gula t ion s
/Hous
e keep i ng ~ e s p o ~ i b i l i t i
as
se t
fo
r th
in Schedule
C
atta::hed
here to
and inco:::-porated r .erein by th.:.s
r
efe rence . c s : : ~ sh : t l l have any a.:1d a l l
s ·
1b
-
users
s ign
and
r e t ~ r 1 : 1
to US K a copy
o f the F a r e s ~
The a t e r Rules and
Reg·.1la':io:1s/:tousekeeping
Re
spons ib i l i : i e s
p :: ior: t o use of
t r
.e
f a c i l i ~ y Fur ther , U3£R
agrees
to comply with a ll l a ~ s
ordir.:tn::es,
a;1d
reg•.1latio:-ts adopted or es t ab l i shed by
federa l ,
s ~ a t e c i t y
or
l oca l government agencies ; and
JSER s ~
l l
r .o:ify
ll s u ~ - u s e r s age:1ts o r
em ployees
tr .at
t ~ e y a
re
also
to comply
with a l l
l a ~ s
ordinanc
es , a .:1j reguta t ions
adop
':
ed or
e s t a b l i s he d
by
federal ,
s t
a
t e , c i t y o r l oca l govern;nent
a
genc ies .
7. Safety
I t i s
the re s pons ib i l i ty o f
USE R to
obse r ve
a : ~ d enfo.::-::e, and
s:-tall
r.o': ify any and a l l sub - user s of , all
s a f e t y regula t ions as se t
f o r
th
i n Exh ib it C atta:::hed he r
eto
ar..d incorpora :
ed
herei1:1 by t h i s r e ference. a
i l u r e
to
do
s o
s h a l l
be cause for CI':'Y o r i t s a ut2iorized
represen ta t ive ,
t o
i n t e r r u p ~ s top
or
ca1:1cel a p e rfo r
mance.
8. Cancel lat ion This Agr
e
ement
may
be ca:1ce
l
led by
e i t h e r p ar ty upon t h i r t y (30)
calenda
r
days
pr ior writ ten
n
o t i c e .
In
the ev
e
nt
uS R time ly not i f i e s
CI
TY
of
a
cance l l a t ion , c:TY
agrees to
refu 1d
a l l
depos i ts
a nd
advan
::e
payments ,
if ar.y, :o U32R a:1d terminate t he ,1\.greemen t . I n
the
even t
USER
does not
provide
CITY w i t ~ p roper a dvar:ce
c a nc e l l a t i on not ice the n
CI TY
i s authori .zed
to
r e ta in ar. y a
nd
8/18/2019 Draft Forest Theater Use Agreement Amendments 04-04-16
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185
3:;_ ;_ ds?:>s i : s
or: a::l-rar.:::e
9aymer':.s,
ex: ·::e?t
::lea:t-
'J:? premise
d
=9os.:..ts
N ~ ~ . : : : h '
N'ill. be :efu:tded to
J S S ~ N :.t
hi:t ':er.
(
10
)
busi: tess
days,
for: po:e:c:13.
l l::l33
o f
r:e
term1.na:e
t:-tis
Ag:-eemenc as se t fo : th herein,
U S : : : ~
aqrees to
'N'aive
any ar.d a l l
c la ims
i : tcludir .g
tr . ird
9ar ty
clai :ns
a r i s i r..g
c h r o u g ~
USER,
f .n
damages
a g a i ~ s t
the
~ I T Y .
3 Books and Records C'S :R shal l . kee9 fu l l
and de::1. ..led
acco
·
J: t ts and exerc ise
S'JCh
contr-:?ls as
may be
necessa ry
for
?roper f i na nc i a : management under th i s
Agreement;
and
t he
accour.t ing a:td control sys:ems sha l l be sa t i s f a c t o r y to the
CITY.
The
2 ITY
a:td t r
.e
c:TY' s aud i to :
sha l l
be afforded access
to the J S 2 ~ ' s records , books, cor:res?o
n
dence
a nd
o ther da:a
re l a .ir.g to
t h i s A.greeme:1t.
USE R sha l l preserve these records ,
books, c o r : - e s ~ > a n d e r . c e and o:her da ta r e l a t i ng to t h i s Agreemer.:
for a
pe r iod of
one (
1
year af te . : fi 'lal payment,
or
for
sue;,.
1-:?nger
pe r iod
as
m y
be required by law. Ir.
:1d
dit io:1,
US
.1:R
a:;rrees
to
:nake
said records,
books,
co.rrespor.dence
and
o':he "
da ta
r e l a t i ng
to
th is Agreeme:1t
avai lab le
to
CITY
a t
CITY's
9r inc ipa l
place
of
business u p o ~ 7 2 - ~ o J r s wri t :en no t i ce .
10.
po:..i:::ies
l i a b i l i t y :
Insurance U S E ~ a:;rrees to :naintain a
o f insu=ance with t ~ e f ~ l ~ w i n g m i ~ i ~ u r n
po l icy
E mi t s
or
of
A.
Commercial
q-e:-
.
e.:al
l i a b i l i t y
inc luding but
r.ot
l i m i t
ed to p remis es, personal i n j ~ r i e s ,
dea t
h , produc ts
a: d
completed
operat ions
with
a combined s ing le l imi t o f
l i a ~ i
i t y
o f $1,00
0
,000.00 per occurrence, and
3 . Comprehensi
'e
am:omobi le l i a b i l i t y co•Ter
ing
a l l
motor v e ~ i c l e s ,
including
owned, l eased
no:l -O'N'ned, a:-.d hired
vehic les used in
providing se rv ices
p u r s ~ a
n to
t h i s
Agreement,
t . ~ i t h
a combined
s ing le
l imi t
o f not l e s s than $l,OO;J,C;J::J.OO,
and
C. U3ER
sha l l mainta in
'" 'orkers' compensation
insurance in accord:1n:::e
wi t t
the
Cal i fo rn ia Labor
Code with
a
m i n i m Q ~ of
$100,000.00
pe.r
occu.rre:tce for em
ployer
l i ab i l i t y .
D.
U 3 ~ R
sha l l
provide and mainta in a t i t s own
expense, dur ing
the
term of
t h i s Agreement
a comprehensive
genera l
l i a b i l i t y pol icy
inc luding but not l imi ted
to
premises,
9ersonal i n ju r i e s ~ n o d J c : s , and com9leted operat ions of
i n s u r a ~ c e , sa t i s f a c t o r y to 2ITY, with
a combined s ing le
l imi ' : of
not l e s s than
one
mil l ion do l l a r s
($1,000,000.00)
per occur:-ence
for
proper ty
damage
3.nd for
bodi ly
inj ' . lry
or death
of
pers::>ns.
E. All insurance r e q ~ i r e d by th i s Agreement sha l l
be
with
a
co:r.pany acceptable to
CITY an::
author ized
by law to
8/18/2019 Draft Forest Theater Use Agreement Amendments 04-04-16
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186
c o ~ d u : : : : :
~ ~ s ~ = a ~ = ~
b ~ s i ~ e s s
: ~ ~
3 ~ a ~ e
:J
~ o r ~ ~ a . A:l
su::::t
i ~ . s 3 : . . C e
s h a ~ l
Oe ;N:i::ter.
:Jr .
an :JC·
:::.;..::::: er. .::e cas.:.s,
Or, i
~ - : : > l i : : : : y
.i.s
:o : '
"ric:e:-:
:Jr. ::n occt.:r .rence oa.s.:..s, s..: :: t ? ·Jli:::y
wi
t l:
c0vera:;J e re:;r'..:ire:i jere.:..r .s:-:al l c : > n :
. : e i. :1 ef:e:::: f::>r
a
pe.:::i ::>d
:Jf '= '
-::> (2) years
: : : o m r n e . : : i ~ g
No
1
rer.l:>er
l 2 ·J:O .
;'
Ea .::
h
insurar::::e
pol icy
shal
l.
p::-o7ide an
endorsement n a ~ i ~ q
CITY, ics off i cers a ~ e r : t s employees a:1d
volunte ers
as
Additional
I n s ~ . r e
and sha l l f ~ r t h e r p.::: ::>vide that
S'.l:::h insura::::::e is
prinary
ins·.Jrar.ce co any i r : s u r a ~ c e o ::: se l f -
insurance
maintained
by ~ I T Y
and tha':
t:-te
i r . s ~ r a r : c e
of
Addicio 1al
In.sJ.::-ed
s::a.ll
no':
be ca.l led u : J o to co
r. t
.::ioute to
a
loss :::overed
by
the insurance CITY.
G.
Each insurance po :i::::y shal l ?= =>vide
tha':
c:rY
sha l l be
given
wri t t en noti::::e a':
lea
s t
th i r ty (
30) days in
advance of ar.y change, car:-.::ellati-::>r. or n-::>n-renewal thereof.
Said policy
sha l l provide
iden : ica l
coverage
for
eac h
sub-user,
i f a ~ y perf::>.::ming .:.n a::::corda.nce with th.is Aq:reeme:1t, or be
accompanied
by
a
c e r : i f i : : : : a ~ e
of
ins
u rance s h o w ~ ~ g
each
s ~ b ~ s e r
has
i d ~ n c i c a l
::::overage .
H.
to
As
th is
a condit ion p.::ecedent to
CITY
Agreement, tJSE8.
sha l l f i le 'N'ith a
performance
cer t i f ica te
of
i n s u r a ~ - . : : e
wi
th
t he City
~ i s k Management
Off.:.cer , o ~ or
b e ~ o r e
Ap.::il 6 2 0 11, s ho·,;ing tha : they have i n
e : f e c ~
t he insur ance
req '.li.::ed by c:1.:.s A g r e e m e ~ t . J S ~ R shaL:..
fil.e
a ne '" or amended
certifi::::ate of ins.1rance promptly af te r
a : ~ y
chanqe i s made
to
any insurance pol icy which
wo
•Jld a l t e r t he
ir.format
i on on t he
c e r ~ i f i : : : : a : e
~ h e ~ on f i le .
:1
.
Noti f icat ion of
Taxabi l i ty
o f
Possessory
nterest
Noti-.::e i s hereby given that n
t ~ e event
a:1y posse ss ory
property
tax is
created J S ~ R
shal l be so le ly responsio l e f:Jr the payment
o f any
sa id
possessory property tax
levied
~ p o n the
USER 'S
p r o ~ e r t y in te res t .
12.
ttorney Faes Sr.oul.d
e i the r
pa.::ty
to
th is Agreemer.t
bring legal act ion against the othe r ( formal judis ia l
proceeding, mediation o r a.::bitration), the case shal l
be
handled
in Monterey County,
California,
and the par:y
p r e v a i
i n ~ i:1
s ~ : : : :
actio:1 sha l l be ent i t led
to
reas o nable att-::>rney' s
fee wh.:.c: t
sha l l
be
fixed by the
judge, m
ed ia to r
or
arb i t ra to r hearing
the
case
a nd s'.lch
fee
shal l
be
included
ir.
the
juigment,
toge
ther
with a l l
costs .
8/18/2019 Draft Forest Theater Use Agreement Amendments 04-04-16
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187
13. Defend Hold
Harm.less and
Indemnif icat ion .
USEE
8/18/2019 Draft Forest Theater Use Agreement Amendments 04-04-16
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188
~ 9 ? = ~ p r i ~ : ~
i ~
i : s ~ ~ r
d 1 s = r e t i ~ ~ ~ i t t w ~ : ~ ~ no:i=e to J S E ~
~ r u b - s e r
: 1r:i:e..:-,
USER
a:;rees t::J
p y to C.::TY
.lpon derr.a:--.d a::y a:1d a.:..:.
= ~ s : s
~ f
r e ~ o v a l
a ~ d
disposa l
of
a b a n d o ~ e d
p r o p e ~ t y .
l3
.
Aqreemen
t
Contains l l Understandinqs; Amendment
: ' :is
d >
·
:::
•;me:-tt
ref)re.sents
t t e
e:1t.:.::-e
a:1d
i:1segrated
Ag:ceeme:1t
bet'tJeen ITY aC .d USSR a.:-:.d
S'.lpersedes
a l l ;ni::Jr c - . e g o t i a t i ~ n s ,
r e f r e s e n t ~ t i o n s ,
and agreements, e i : h e r writ ten o r o r a l .
This
doC'.lme:tt may be
amended o: t
l y
i n 3 : r ~ ~ e ~ : ,
s i g ~ e d
by b o ~ ~ CITY a ~ d C S
by
19. Severabi l i ty . I f any term
of
th is
i nva l id by
a
cour t o f
compete:J.t
ju.: isdi:: : : t ion,
t : is
agreement s ~ a l l
remai:1 in
e f f ec t .
agreement i s
ll.eld
t h e re:nair.der of
20.
Governing la· '·
: 'h is
agreeme::t
sha l
l be go Ter:-ted b f
the
laNS
of
the State of
~ a l i f o r n i a .
CITY o: C A E . l ~ L . - 3 Y - T H : : : - S E A
'
J 3ER:
~ ~ ~ r ~ ~
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.
BY: _j2Jt// tp}V - -
W
Ct }Jet , ;
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T3:
ITS:
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189
FOREST THEATER
GSE
AGREE.ME 'l"T
Exhibit ·•A
Lots One to Fifteen inclu
si
ve in Block 85 as shown and so designated on the map of Addition
Number to Carmel-by-the-Sea Monterey County California filed on the date of February 9
1910 now on file and on record in the office of the County Recorder of the County of Monterey
State
of
California
n
Map Book Two Cities and Towns at page 22 .
0
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190
Ot:TDOOR FOREST THEATER t:SE AGREEMENT
Exhibit ;'B
Final payment and Gross Receipts must be made to the City
of
Cannel-by-the-Sea's office
within five
5)
business days of performance or , in the case of a series, five CS business days of
last performance.
RATES A.i'W
CHARGES FOR
FOREST
THEATER
Rental of the Outdoor Forest Theater includes use of dressing rooms, backstage area
and
box office.
l . Technical work or rehearsals-0fo admission charged: $25.00 day
2.
Admission charged or other consideration, per performance: (10 ) of Gross Receipts,
which is tot l gate.
3. A clean-up security deposit may be required by the City.
SCHEDULE OF PA f f i N T S
In event of cancellation, the City of Carmel-by-the-Sea reserves the right to retain the total
payment unless another user reserves the designated space (on that date) in which case the City
will retain $100 to cover the administrative costs including rebooking.
l:SER agrees to pay the CITY $25.()0 for each requested use date and on performance dates, a
minimum of $25.00 for each performance or ten percent (10%) of gross receipts whichever
is
greater. (Gross receipts are deftned as total gate.)
The
City will provide a schedule
of
payments due
at
the beginning
of
each season beginning with
the 20 Season and ending with the 2015 Season. Schedule :'B is attached for the five-year
schedule.
CONTRACT
PA Yi\'IENT
A contract will be drawn
up,
and only after such contracts have been approved and signed by
the
User and the City of Carmel-by-the-Sea City Administrator, and only after appropriate advance
payments have been made will the agreement become valid. All payments for the use of the
theater and/or supplemental facilities will be made in strict accordance with the payment
schedule included
n
the contract. Failure to make any payment as scheduled will terminate the
contract forthwith. Any User who charges admission
or
collects any donation, gift, or other
consideration as a condition
of
admission will make his/her receipts available to the City
of
Carmel-by-the-Sea City Administrator for inspection and will pay any additional fees [based on
ten percent t 0 ) of gross receipt] due the City. All payments are to be made in cash, check or
bank money order. First payment is to be made prior to access to premises.
n
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191
FOREST
THEATER uSE G R E E ~ l E ~ T
Exhibit ;'C
RATES
k ~ D
CHARGES
FOR [ (DOOR
FOREST
THEATER
Rental
of
the Indoor Forest Theater includes use
of
the theater under the outdoor stage and
the downstairs storage area.
SCHEDULE
OF
P Y M E ~ T S
USER agrees to pay the CITY $160.00 per month, due by the 5th
of
each month. Additional
scheduling of an outside performer (other than PacRep/Staff Players) must
be
approved by
the CITY and not be in conflict with the other performances
at
the Forest Theater.
CONTR.\CT
AND PA
l N T
A contract will be
drawn
up, and only after such contracts have been approved and signed by
the
USER and the City Administrator representing the CITY and only after appropriate
advance payments
have
been made will the agreement become valid. All payments for the
use
of
the theater and/or supplemental facilities will be made n strict accordance with the
payment schedule included in the contract. Failure to make a payment as scheduled will
terminate the contrac t forthwith. Any USER who charges admission or collects any
donation, gift, or
other
c.o.nsideration as a condition of admission will make his/her receipts
available to the City Administrator for inspection and
will
pay any additional fees (based on
ten
percent
[I
0%
J
of
gross receipts) due the CITY. All payments are to be made
n
cash,
check,
or
bank
money order
. First payment is to be made prior to access to premises.
Signed
: - ;...,
r
Date:
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192
FOREST THEATER USE G R E E M E ~ T
Exh..ibit
D
The facilities
will
be used n accordance with the conditions and requirements set forth in the
·'Rules
and Regulations for Cse
of
Facilities, a true copy of which is attached hereto, Schedule
C ;
and User acknowledges that he is aware of these regulations. User Agreement grants the
right to use only the facil ities, equipment, and services as are specified. User acknowledges that
he/she
is aware of the extent and kind of such equipment and services.
The City will pennit the User to use the facilities herein described for the periods of time herein
set out, except that if such facilities are rendered untenable
by
flre, windstorm, earthquake,
or
other
catastrophe or act
of
God, this User Agreement will be deemed canceled as between the
parties; and the City shall have no obligation to User by virtue of the execution of the agreement
except
for the refund
of any
advance payment and
lor
deposit.
User
agrees to obtain written permission to perform
any
material subject
to
copyright from the
owner of
the copyright prior to performing the material at FOREST THEATER. User agrees to
indemnify and hold harmless the City from any and all claims, damages, or expenses arising
from
any violation of
or
infringement upon copyrights
by
User.
Please notify the City
of
Carmel-by-the-Sea
of
any plans for video recording or recording
purposes of your performance.
Schedule
B is attached for Seasons beginning 2011 through 2015. In the event that major
upgrades are required for the Forest Tneater facility, Schedule A wiil be revised at the
discretion of the City.
PROTECTION OF PROPERTY A.i ID FACILITIES
It is the responsibility
of
the
User
to protect all property and facilities
n
use by User, his/her
agents, employees, audiences or anyone else authorized to enter property by User. An
appropriate Clean-up and Security deposit may be required
of
each User. At the close
of
the
contract period, the cost
of
replacing any loss, repairing any damage, or performing any
excessive
clean-up will
be
deducted from the deposit. If the cost of such correction exceeds the
amount
of
the security deposit, the deposit shall be forfeit and the remainder due shall become a
debt
owed
by
the User to the City
and
shall
be
subject to collection as provided by the law. Any
unused portion
of
the deposit will be refunded.
FOOD AN'D BEVERAGES
No
food or beverages or other comestibles can be furnished, sold,
or
given away anywhere i n
and
about Forest Theater facilities without first obtaining written permission from the City
of
Carmel-by-the-Sea's City Administrators office.
Such
permission can be revoked at
any
time.
The request for the permit shall state the following:
a) Type
of
food, beverage,
or
other comestibles to be furnished.
b)
The
n a m e ~ ) of the person(s) who will furnish the food, beverages,
or
other
comestibles and operate the space.
c)
The
name, address,
and
telephone number of the responsible person plus the same
information for the person(s) responsible for the cleanup of space used.
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193
Health Department
Permit
- - - - -
FOREST THEATER CSE AGREEMENT
Exhibit an continued
AGREEMENfS
User will complete a Forest Theater Event Report for each event. Form
to
be supplied by the
City.
,. User will file a set of constr.rction plans and revisions with the City at lease three 3)
weeks prior to the beginning of any set construction. ll plans, and revisions for
all
plans, must be drawn in accordance with standard construction practices and meet
all
OSHA, Uniform Codes and State safety requirements for ~ t a g e l s e t construction at the
Forest Theater. Plans and mbsequent construction are the responsibility
nd liabilit User will obtain a permit before any work requiring a permit
is
commenced, sign a
notarized Hold Harmless Agreement, and provide a liability insurance endorsement
policy n the amount ofS l 00 000 adding the City, its employees, elected officials,
officers and agents
as
additionally insured pursuant to the Municipal Code
of
the City
of Carmel-by-the-Sea.
c;ser will maintain the premises in a clean and neat manner. Keep the grounds and
dumpster-area clean and free of trash, waste, and rubbi3h. Any costs for cleaning
incurred by the City will be charged to the User
.,. User will provide as needed, reasonable accommodation and personnel to assist
disabled audience members
to
and from their theater seats.
Of conflicts
or
disagreements arise in regard to this Forest Theater Use Agreement
and are not resolved, the matter will be given to the Community Services Manager.
All decisions by the Community Services
:.Vfanager
are final.
G E ~ E R L
P R O V S O ~ S
City will provide to the best of its ability and at its expense, utilities, maintenance ofpublic
restrooms, and waste management services.
Any
mechanical failure will not void this contract;
the City will make every effort
to
correct technical and mechanical problems regarding utilities
but cannot
be
held liable
if
such problems are beyond City controL Available dressing rooms
will be provided at no cost to the User.
ll
other services or conditions will be at the expense
of
User. User is responsible for contacting the City to arrange deliver and pick-up of a dumpster
during set-up/strike. The City will clean the site prior
to
opening. The user agrees to abide by
all rules and regulations as out by the City in Exhibit D'' and Schedule C .
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194
OGTDOOR
FOREST THEATER SE
AGREE- IENT
SCHEDULE A
SCHEDULE OF PAYMENTS:
In event
of
cancellation, the ity
of
Carmel-by-the-Sea reserves
the
right to retain the total
payment unless another user reserves
the
designated space
(on
that date) in which case the City
will retain 100
to
cover the administrative costs including rebooking.
USER agrees
to
pay
the CITY
25.00
for each
requested use dare and on performance dates, a
minimum of 25.00 for each performance or ten percent (10 ) of the gross receipts whichever
is
greater. (Gross receipts are defined as total gate.)
USER agrees
to
pay 1,125.00 (45 tech/rehearsal days) advance payment due
no
later than July
20, 2005 and further agrees that additional payments will be made
as
follows:
10
of
gross receipts for [name ofp1ay]
no
later than October
7,
20
and
10 of
gross receipts for [name
of
play]
no
later than October 21,20 11
and
10 of
gross receipts
for
Concession Stand sales no later than October
21,
20 ll
Signed:
----- =
7' ------------Date:
- - - - - /_ __ _____
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195
OuTDOOR FOREST THEATER
CSE
AGREEMENT
SCHEDCLE
C
Forest
Theater
Rllles and Regulations
Smoking
~
smoking shall be permitted within any part
of
the Forest Theater
including stage and backstage areas. All programs printed by the Us
er
shall bear a statement indicating the regulations on smoking.
Occupancy Occupancy
of
Forest Theater will be limited to 540 persons; n addition,
the number of tickets printed shall not exceed
54
0 per event. When
selecting and producing performances, User shall
be
sensitive to the
neighbors concern for noise and the beauty
of
the surroundings. No
standing or sitting
n
aisles or on stairways is permitted. The User will not
permit any person
to
act in any manner, which creates a hazard, an
annoyance or a disturbance within any City premises; and the User will
immediately take all needful corrective action should such a situation
arise.
Lighting All legally required lights must be on at all times when faciliti
es
are
occupied.
E..tits
No exit from any room, theater, stage, backstage or dressing rooms areas
shall be blocked or be permitted
to
be blocked or obstructed in any way.
Materials Only non-flammable materials shall
be
used
n
the construction
of
scenery, drops, props, drapes, or decorations, unless they have been
treated
with
flame-retardant materia approved by the State Fire yfarshal.
Any flammable scenery or materials found on the stage, backstage area, or
any other area, shall be immediately removed regardless ofwhether or not
a performance is taking place.
Personnel All front-of-house and backstage personnel will be subject
to
the direction
of the person in charge.
An
adult individual
21
years or older) must be
present for all activities associated with this use agreement.
Fire
The Fire
Marshal/Carmel
Fire Department shall
be
responsible for the
enforcement of fire safety regulations. He/she may require the presence of
a fire marshal, if, in his/her opinion, one is needed.
Police The Police
Chief/Carmel
Police
Department
shall be responsible for
enforcement of security regulations.
If
he/she determines uniformed
police are required, User wi ll
be
required
to
pay any costs for same.
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Parking
Sleeping
FOREST
THEATER
USE AGREE:\-lENT
User .shall
NOT
be p e r m
to
charge for
the
use of parking facili
ties
.
There shall be no reserved parking.
Overnight accommodations in house trailers, campers, recreatio
nal
vehicles, etc. on the premises will not be permitted.
HOUSEKEEPING
E S P O ~ S l I L I T I E S
.
No structures or sets
are to
be built
unless
specifically provided for herein.
-,. No trees, shrubbery or other vegetati
on
shall be c
ut
, trimmed or injured.
, Fires will not be permitted except under the following guidelines established by
th
e
Carmel Fire Department and the City
• Fires in the
pits are
allowed only during full tech rehearsals, dress
rehearsals and performances
• Only clean, unpainted firewood may be burned
•
No
painted, varnished wood, plywood
or
particleboard may be burned
•
No
trash
may
be burned
• A garden hose must be available to extinguish the flres in an emergency
and after the performance
• Fires must be extmguished after the performance and the exit of
the
patrons
• Fires must be
of
a size so
as
not
to
endanger
the
vegetation, sets, actors,
or
audience
• Fires shall be extinguished immediately if the
Carmel
Fire
Department
deems then unsafe for any reason
User will have all vehicles associated with their event(s) parked in areas designated by
the C ity.
User
will
provide parking and traffic control for a
ll
vehicles as directed by the
City
and/or the Carmel Police Department.
.
User will maintain the grounds
of
the entire outdoor faci lity during outdoor occupancy
in
a clean, sanitary and litter free condition and will restore the area to as good or better
condition than it was received.
User shall clean the outdoor grounds (including refuse removal to dumpster), seating area
and stage immediately after each outdoor performance.
;;. User shall repair, within five (S) days, any and all damage to the facilities and grounds or
any other property, which was a result
of
User s activities
a.s,
encompassed by this
permi
t
at organization s expense. City
will
be the sole judge of the extent of damage.
'
All
lighting cables and wire
shall
be kept neat and tidy.
Signed:_ _/ , /
Da
te: