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REHEARSALS AND PERFORMANCES AT RUTH ECKERD HALL Utt1ti11 RUTH ECKERD HALL 1 RICHARD B. BAUMGARDNER CENTER FOR TIlE PERFORMING ARTS Ruth Eckerd Hall Lease Agreement This Agreement is made this 21st day of October 1999 between Performing Arts Center Theater, Inc. Lessor, hereinafter referred to as "Center" and Clearwater Parks and Recreation Department performing as Clearwater Community Chorus hereinafter referred to as "Lessee" (Lessee certifies that the above is the true legal title.) It is mutually agreed between the parties as follows: 1. FACILITY USE: The Center agrees to the use of the PACT, Inc facilities at 1111 McMullen Booth Road, Clearwater, Florida 33759, specified below, by the Lessee for the purposes of: Rehearsals and Performances FACILITY USAGE RENT DATES INCLUSIVE TIMES Auditorium Rehearsal $700.00 Flat Tuesday, November 30, 5pm-llpm Fee 1999 Auditorium Performance $950.00 Flat Sunday, December 5, 8am-5pm; Performance "Songs of the Fee 1999 @2:30pm Season" Auditorium Rehearsal $700.00 Flat Tuesday, March 21, 5pm-llpm Fee 2000 Auditorium Performance $950.00 Flat Sunday, March 26, 2000 8am-5pm; Performance "A Little off Fee @ 2:30pm Broadwav" For spaces, dates and times specified above, the rent is $3.300.00 Flat Fee plus additional expenses. 2. ADVANCE PAYMENTS: The Lessee agrees to pay the Center a Nt A deposit with the return of this signed agreement no later than NtA -Lessee..agrees tomake.adv!l!!Ced payment to Center for reimbursables of such sums as are necessary to cover those costs which Center anticipates it would encounter on behalf of Lessee in preparation for and planning of Lessee's event (including all dollar amounts reflected or developed as identified on Schedule A). I 3. FINAL PAYMENTS: Final Payments must be made to the Center no later than 15 days after the performance date. If payments are not made by this time a 1.5% interest rate per month will automatically be added to the Lessee's bill. Additionally, no future dates will be held until final payment has been made. Any unused portion of the reimbursable costs will be returned to Lessee with final settlement statements as soon thereafter as possible. 4. STATE SALES TAX: The current State Sales Tax rate is applicable to all rentals and certain services (e.g. Rent, MDS, Ticket Printing) or other things of value. If Lessee has a Tax Number which exempts Lessee from the State Sales Tax, Lessee will provide Center with a copy of the State Tax Exemption Certificate at signing of contract 5. NON-TAXABLE SERVICES: Lessor separately agrees to perform or cause to be performed services required for the Lessee's event as listed on Schedule A These services are not subject to Florida State Sales Tax (e.g. Parking Guards, Security Guards, Box Office Services, etc.) PACT,INC. 1111 MCMULLEN BOOTH ROAD' CLEARWATER, FLORIDA 33759 TELEPHONE (727) 791-7060 . FAX (727) 724-5976 /:-:;, - U:.J Uttftm RUTH ECKERD HALL I RICHARD B. BAUMGARDNER CENTER FOR THE PERFORMING ARTS 6. CANCELLATION BY LESSEE: Should Lessee desire to cancel this Agreement, notification must be given in writing to the Center at least 90 days prior to the date of scheduled event. In the case of cancellation by the Lessee, the Center may require the contract rent, or full deposit made by Lessee, as liquidated damages, plus any additional expenses incurred, and the Lessee and the Center shall be relieved of any further obligations under this Agreement. 7. CANCELLATION BY CENTER: Should the Center desire to cancel this Agreement or be unable to perform under this Agreement, notification will be given to the Lessee at least 90 days prior to the date of scheduled use. The Center shall return any It:nl paymcntsand the Lessee and the Center shall be-relievedof any further-obligations under this Agreement. 8. PERFORMANCE BOND: The Center reserves the right to require the Lessee to post a Performance bond of $ N/ A before either by Cashier's Check to PACT, Inc., or by a duly accredited bonding company. The terms of the bond will be: 9. UNION AGREEMENTS: Lessee agrees to abide by any agreements or contracts currently in force between the Center and any labor unions. 10. REASONS FOR TERMINATION OF LEASE: The Center may terminate this Lease if Lessee fails to perform any of its obligations, herein set forth, or appears to the Center to be financially insecure, in violation of the law, or about to default under the terms of the Lease Agreement or the Usage Policy. Upon termination of the Lease Agreement for whatever reason, Lessee agrees to promptly remove, at Lessee's expense. all its property from the Center premises within 24 hours and to forfeit all advance payments made to the Center. 11. ASSIGNATION OF RIGHTS: The Lessee shall not assign this Agreement or any rights hereunder nor sublet said premises without the written consent of Center. 12. USAGE POLICY: LESSEE AGREES TO OBSERVE AND ABIDE BY THE USAGE POLICY, WHICH INCLUDES THE RULES AND REGULATIONS GOVERNING THE USE OF THE PERFOMING ARTS CENTER AND THEATER. A COpy OF SAID USAGE POLICY, PLUS RELATED ATIACHMENTS, WILL BE APPENDED HERETO AND MADE A PART THEREOF. LESSEE ACKNOWLEDGES RECEIPT AND REVIEW OF THE T:JS'A.6&POLICY For: Lessee: Margo Walbolt (Organization) Clearwater Parks aDd Rec. Dept. ~ ~ By: __ --;;.0-- Address: P.O. Box 4748 Clearwater FL 34618-4748 Date: I tI '30 /9 ~ Phone: (727) 562-4809 For: Center PACT, Inc. By: &dLc<~ --r- GJ William A Ross III General Manager & CFO 1111 McMullen Booth Road Cleanvater. FL 33759 Date: ' t 1....((, (9/ PACT, INC. 1111 MCMULLEN BOOTH ROAD' CLEARWATER, FLORIDA 33759 TELEPHONE (727) 791-7060 . FAX (727) 724-5976 UtHtm RUTH ECKERD HALL RICHARD B. BAUMGARDNER CENTER FOR TilE PERFORMING ARTS I RUTH ECKER>> HALL ~1ANAGED BY PACT. INC. ESTIMA TED EXPENSES LEASE AGREEMENT - SCHEDULE A Clearwater Community Chorus TAXABLE ESTIMATED EXPENSES RENTAL FEE $3.300.00 Flat Fee $3,300,00 MDS 2,000 total persons (GJ .50 per person $1,000.00 Estimate TICKET PRINTING $200.00($100.00 Del' evrot) '" $200.00 roYAL IAXAULE EXPENSES $4,500.00 SALES TAX Exempt BOX OFFICE EXPENSES BASE CHARGE $150.00 per show $300.00 ADVANCED SALES DAY OF SHOW ONLY CREDIT CARD SERVICE 5% of charges sold TICKET MASTER SERVICE TOTAL BOX OFFICE SERVICES $300.00 TECHNICAL EXPENSES STAGEHANDS $2,600.00 Estimate based on 1998-99 event $2,600.00 Estimate PIANO TUNE VIDEO RECORDING AUDIO RECORDING TOTALTE~CALEXPENSES $2,600.00 Estimate ROYALTY FEES ASCAP $120.00 Estimate $120.00 Estimate BM! $44.00 Estimate $44.00 Estimate SESAC $20.00 Estimate $20.00 Estimate I TOTAL ROYALTY FEES $184.00 Estimate ADDITIONAL EXPENSES P ARKiN&OUARDS -.,..- $320.00 (4 ~ $lOihr, 4 hr min. per show) $320,00 TRAFFIC OFFICER $168.00 ($21lhr, 4 hr mill Del' show) $168.00 SECURITY GUARDS $270.00 ($15ihr, inclusive time of events) $270.00 CUSTODIAL CHARGE $250.00 pel' show $500.00 OTHER TOTAL ADDITIONAL EXPENSES $1,258.00 Estimate $8,842.00 + Insurance AGREED TO: ~ DATE: /1/3-<:>/'1 PACT, INC. 1111 MCMULLEN BOOTH ROAD. CLEARWATER, FLORIDA 33759 TELEPHONE (727) 791-7060 . FAX (727) 724-5976 tulttm I RUTH ECKERD HALL RICHARD RIlAI '~IGAR])N1,R CENTER FOR THE PERFORMING ARTS USAGE POLICY AGREEMENT Lessee has read the Usage Policy and agrees to .___c_per:~orm u~~er_ the ter~~~t_ated _~ereill. Lessee acknowledges its responsibility in completely informing the proper agents, employees of Lessee, contractors, and subcontractors hired by Lessee, concerning these rules and regulations. Further, Lessee accepts complete responsibility for the failure of said agents, contractors, subcontractors or employees of Lessee to abide by the provisions therein. Lessee understands that should Lessee be found in violation of any of the provisions of this Policy, the Center will consider the Services Contract Agreement null and void and . Lessee-may be-reql!iredto forfeit all advance payments and deposits, and may be liable for all rental fees and other expenses incurred, or committed, including attorney's fees, whether or not the performance actually occurs. ORGANIZATION: Clearwater Parks and Recreation EVENT DATE: Nov. 30, 1999; Dec. 5, 1999; March 21, ~0;~6, 2000 Agreedto~-_ "/?u/'7_9 essee) (Date) PACT, INC. 1111 MCMULLEN BOOTH ROAD. CLEARWATER, FLORIDA 33759 TELEPHONE (727) 791-7060 . FAX (727) 724-5976 mt~tm RUTH ECKERD HALL I RICHARD B. BAUMGARDNER CENTER FOR TIlE PERFORMING ARTS March 29,2000 Ms. Margo Walbolt Clearwater Parks and Recreation Department P.O. Box 4748 ____Cl~aIFl:l.t~r, FJ.-J4<:iJ8_ Dear Margo, Thank you for choosing to hold the Clearwater Community Chorus concert at Ruth Eckerd Hall. Enclosed please find the Final Revenue/Expense report for the concert on March 26,2000. Please remit the balance due of $2,407.24. We always enjoy working with you, and look forward to working with you again in the near future. I will be getting your contracts out for 2000-2001 soon as well as for your dates for Clearwater City Players in July. Thank you for your patience. Please feel free to call me at (727)712-2707, if you have any questions. Sincerely, ~ Tess Kristensen Event Services Manager PACT,INC, 1111 MCMl'LLEN BOOTH ROAD . CLEARWATER, FLORIDA 33759 TELEPHONE (727) 791-7060 . FAX (727) 724-5976 LESSEE: EVENT: DATE(S): TIME: REVENUES fINAL REVENUE/EXPENSE Rt:fU~ T a..EARWATER PARKS & RE4tEATION DEPT. a..EARW A TER COMMUNI~CHORUS 12105/99 2:30 PM I a.#: # tickets 1012 TOTAL TICKET REVENUE: $ LESS SALES TAX: $ NET TICKET REVENUE: $ TICKETS CONSIGNED: $ LESS SALES TAX: $ CONSIGNED NET: $ PACT TICKET SALES: $ LESS SALES TAX: $ PACT NET: $ TICKETMASTER SALES: $ LESS SALES TAX: $ TICKETMA5TER NET: $ 8,064.00 527.55 7,536.45 b.#: o 0.00 0.00 0.00 c.# 1008 8,064.00 527.55 7,536.45 d.# e.# 4 COMPLIMENTARY TICKETS 0.00 TOTAL REVENUE: EXPENSES BOX OFFICE SERVICES Box Office charges Ticket printing PACT credit cord $VC. Tktmaster outlet svc. Tktmaster credit card svc. TOTAL 80X OFFICE SERVICES $ $ $ $ $ $ 150.00 100.00 82.00 0.00 332.00 HOUSE CHARGES Rental fee MDS-2% OF GROSS TICKET SALES OR 962 @ .50 each Florida sales tax Stagehands Traffic police Security guards Parking guards Ascap (see chart) BMI ( .003 x gross ticket sales) Sesac (.01 x # tickets incl comps) Custodial Charge TOTAL HOUSE CHARGES $ 1,650.00 481.00 $ $ TAX EXEMPT $ $ $ $ $ $ $ $ $ 1,834.00 84.00 120.00 180.00 59.00 24.19 10.12 250.00 4,692.31 TOTAL EXPENSES: LESS DEPOSIT: NET EXPENSES: LESS BOX OFFICE RECEIPTS: jtM:: NET DUE: 0.00 $7,536.45 $5,024.31 $0.00 $5,024.31 $7.536.45 ($2,512.14) . I / I } 004983 4983 RICHARD B. BAUMGARDNER CENTER VENDOR NO.: 0886 NAME: CLEARWATER PARKS AND RECREATION '--' INVOICE REFERENCE INV. DATE INV. AMOUNT DISCOUNT ADJ. AMT. AMT. PAID 122799 CW COMM CC 12/27/99 2512.14 O.O( 0.00 2512.1 (Acct: 1101 000) Check Date 12 /29/99 Total 2512.1 PAVTOTHE CLEARWATER PARKS AND RECREATION ORDER OF: "'4.". " ,y:~t~(~~ - ~'. >~"~ M ")~~,tA."tt Richard B. BaumgardnetCenter IlICHARO 8. kM:.ARDNR 0NTBl Pact, Inc. I Ruth Eckard Hal' . .. . ~;~;.;,:;: .... 1111 McIUen-8ocIl Ro8d. CI88nlIIIr.Fblda3375e NOT VALlO AFTER 80 DAYS . .' '.:.i' ....,..f ;~, .+..>;;~i~]~~.~. ***No Thousand Five Hundred Twelve ,.1tllPo)Sollars' ,". " ' .,,;;~;" .' ~'.' ";~~l~[~t II' II- 0 0 ... ~ a 3, II- I: 0 b 3, ~ 0 ... b b 8 ': 3, 2 8 ~ 3, 3, ~ 8 0 ~ II- I I CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4800 FAX (727) 562-4825 PARKS AND RECREATION DEPARTMENT April 14,2000 Tess Kristensen Event Services Manager Ruth Eckerd Hall 1111 McMullen Booth Road Clearwater, FL 33759 Dear Tess, I've attached a check in the amount of $4,712.00. This is based on 589 consignment tickets @ 8.00. We should have asked you to hold the final revenue/expense report until this check was issued by our finance department. I hope that this won't create too much of a problem for you! I've also attached a letter of proof of insurance for your files. This should bring your files up to date and cover us through our summer musical. We haven't received a contract for the summer show yet. I will be out of the office from April 17-21 but please let me know if there's anything you need from me on my return. Hopefully, you've survived the busiest part of the season! As always, I enjoy the opportunity to work with you! Sincerely, ~~o (;.,Jt.--C.bu-.Ct Margo Walbolt Arts & Community Services Program Coordinator, 562-4809 OXE CITY. O:\'E FUTURE. BRIAN J. AUNGST, MAYOR-COMMISSIONER ED HOOPER, VICE MAYOR-COMMISSIONER ED HART, COMMISSIONER * BOB ClARK, COMMISSIONER JB, JOHNSON, COMMISSIONER "EQUAL EMPLOYMEl\'T AND AFFIRMATIVE ACTIO;\, EMPLOYER" Invoice Date LESSEE: EVENT: DATE(S}: TIME: REVENUES 27-Mar-00 PACT, INC. FI~AL REVENUE/EXPENSE REPORT CLEARWATER PARKS & RECJEATION DEPT. CLEARWATER COMMUNITY CHORUS 3/26/00 2:30 PM I a.#: # tickets 1016 7,872.00 514.99 7,357.01 d.# TOTAL TICKET REVENUE: $ LESS SALES TAX: $ NET TICKET REVENUE: $ TICKETS CONSIGNED: $ LESS SALES TAX: $ CONSIGNED NET: $ PACT TICKET SALES: $ LESS SALES TAX: $ PACT NET: $ TICKETMASTER SALES: $ LESS SALES TAX: $ TICKETMASTER NET: $ 0.00 b.#: 626 5,008.00 327.63 4,680.37 c.# 358 2,864.00 187.36 2,676.64 e.# 32 COMPLIMENTARY TICKETS 0.00 TOTAL REVENUE: EXPENSES BOX OFFICE SERVICES Box Office charges Ticket printing PACT credit card svc. Tktmaster outlet svc. Tktmaster credit card svc. TOTAL BOX OFFICE SERVICES $ $ $ $ $ $ 150.00 100.00 83.60 0.00 333.60 HOUSE CHARGES Rental fee MDS-2io OF GROSS TICKET SALES OR 909 @ .50 each Florida sales tax Stagehands Traffic police Security guards Parking guards Ascap ( see chart) BMI ( .003 x gross ticket sales) Sesac COl x # tickets incl comps) Custodial Charge TOTAL HOUSE CHARGES $ 1,650.00 $ $ TAX EXEMPT $ $ $ $ $ $ $ $ $ 454.50 1,799.00 84.00 240.00 180.00 59.00 23.62 10.16 250.00 4,750.28 TOTAL EXPENSES: LESS DEPOSIT: NET EXPENSES: LESS BOX OFFICE RECEIPTS: N:CT"~ NET DUE: $2,676.64 $5,083.88 $0.00 $5,083.88 $2,676.64 $2,407.24 I I CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAl SERVICES BUILDli\G, 100 SOUTH MYRTLE AVENCE, CLEAR\~'ATER, FLORIDA 33756 TELEPHONE (727) 562-4650 FAX (727) 562-4659 FINA1\ICE DEPARTMENT RISK M"''\AGEMENT DMSION April 14, 2000 Ruth Eckerd Hall Tess Kristensen, Event Services Manager 1111 McMullen Booth Road Clearwater, FL 33759 Ms. Kristensen: Please accept this letter as certification that the City of Clearwater is self-insured for workers' compensation, liability, and property damage with excess insurance as shown below. The City has been qualified by the State of Florida as a self-insured municipal government. Our State Self-Insured Audit Number is 9173. The City's insurance coverage and limits are as follows: 1. Auto Liability. General Liability. Police Professional Liability. and Public Officials Liability: $100,000 per person, $200,000 per occurrence, self-insured retention, with statutory limits per Section 768.28, Florida Statutes. $5,000,000 Excess with self-insured retention of $500,000 with North River Insurance Company, effective 10/01/99 for the policy period 10/01/99 through 09/30/00. 2. Workers' Compensation: $500,000 per occurrence self-insured retention; statutory per occurrence excess with North River Insurance Company, effective 10/01/99 for the policy period 10/01/99 through 09/30/00. 3. BuildinQ, Contents and Property: $100,000,000 less $250,000 self-insured retention per occurrence. Sincerely, /;../ " ./ lJ~/~:-"~ :.,_~d'~e~(; ~ r ,L~ Leo W"Schrader, Esq. :: Risk Manager O:\c CI~', c)>~~ Ft'-=~_:3E. !~~) ,t~~.,.. 11EQc_,~_1.. _::::",lr~LO~~'-::'._I.:CYT _.:.,-:;~) ~~~ir-I~,L~_lT':"-,~ .,\.C:'-:'-:'.: F2~,,1'~~.C'~7:::.;1