draft forest theater use agreement amendments 04-04-16

8/18/2019 Draft Forest Theater Use Agreement Amendments 04-04-16

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Page 1

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

• 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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Page 3

ATTACHMENTS

1. Draft Forest Theater Use Agreement2. Previous Forest Theater Use Agreement

APPROVED

Date


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168

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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169

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,


6/32

170

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.


7/32


8/32

172

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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173

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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174

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:


11/32

175

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.


12/32

176

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


13/32

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


14/32

178

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


15/32

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


16/32

180

OUTDOOR

FOREST THEATER

US

AGREEMENT

SCHEDULE B

List Scheduled Performances)

4

ATIACHMENT

- 1


17/32

181

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


18/32

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


19/32

183

ATTACHMENT 2

FOREST THEATER

OSE

GREEMENT

r:-iiS

A G R £ 2 ~ 1 2 ~ 1 1 i s

maje

ar.d ente::::


20/32

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


21/32

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


22/32

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 .


23/32

187

13. Defend Hold

Harm.less and

Indemnif icat ion .

USEE


24/32

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 ~ ~

'

.

BY: _j2Jt// tp}V - -

W

Ct }Jet , ;

~ r r ~ f r

T3:

ITS:

-

-" '

- - - - - - - - - - - -

J : l,

•

:

1

, . '- ' I


25/32

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


26/32

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


27/32

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:


28/32

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.


29/32

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 .


30/32

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:

- - - - - /_ __ _____


31/32

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.


32/32

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:

draft forest theater use agreement amendments 04-04-16

Documents