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LEASE FOR CLEARWATER CITY PLAYERS (2) ~ , . ~ ,~, RUTH ECKERD HALL LEASE AGREEMENT This Agreement is made this 3 day of APRIL 19 97 between Pact, Inc, lessor, hereinafter referred to as "Center" and CITY OF CLEARWATER PARKS & RECREATION DEPT. performing as CLEARWATER CITY PLAYERS herein referred to as "Lessee" (Lessee certifies that the above is the true legal title,) It is mutually agreed between the parties as follows: i FACILln'uSE: The Center agrees to the use of the PACT, Inc. facilities at 1111 McMulien BootttROcid,CieatWatei,FIGrida34619,specified below, by the Lessee for the purposes of: REHEARSALS AND PERFORMANCES FACILITY USAGE RENT DATES INCLUSIVE TIMES AUDITORIUM REHEARSAL $700.00 REHEARSAL RATE SUNDAY, 7/20/97 5PM -11PM AUDITORIUM REHEARSAL $1,100.00 FULL DAY RATE MONDAY, 7/21/97 SAM -11PM AUDITORIUM REHEARSAL $700.00 REHEARSAL RATE TUESDAY, 7/22/97 5PM -11PM AUDITORIUM REHEARSAL $700.00 REHEARSAL RATE WED., 7/23/97 5PM -11PM AUDITORIUM REHEARSAL $700.00 REHEARSAL RATE THURS., 7/24/97 5PM -11PM AUDITORIUM PERFORMANCE $750.00 PERFORMANCE FRIDAY, 7/25/97 8PM - 11 PM; PERFORMANCE @ SPM RATE AUDITORIUM PERFORMANCE $750.00 PERFORMANCE SATURDAY, 7/28/97 8PM . 11 PM; PERFORMANCE @ SPM RATE AUDITORIUM PERFORMANCE $950.00 PERFORMANCE SUNDAY, 7/27/97 SAM - 5PM; PERFORMANCE @ 2PM RATE For spaces, dates and times specified above, the rent is $ 6,350.00 plus additional expenses, 2. ADVANCE PAYMENTS: The Lessee agrees to pay the Center a N/A deposit with the return of this signed agreement no later than MAY is, 1997. Lessee agrees to make advanced 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). 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 is made, Any unused portion of the reimbursable costs will be returned to Lessee with final settlement statements as soon thereafter as possible.. 4. STATE SATES TAX: The current State Sales Tax rate is P~bl~.all rentals and certain services (e,g. Parking Expense, MOS, Ticket prirptftm %\elQwji1Pe!R~661'fi1IRflJ.a8 ~S~YAAStefl?<~m!J>a~qllgel6erp@~~~lftfll'9)tl)ll)'~6lJI~ T~x4ms3l~r9~ ~ the 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 FL. sales tax (e.g. Parking Guards, Security Guards, Police, Box Office Services, etc) , 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 one half of the contract rent 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 60 days prior to the date of scheduled use, the Center shall return any rent payments and the Lessee and the Center shall be relieved of 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 such 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 payment 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 OFTHE PERFORMING ARTS CENTER AND THEATER. A COPY OF SAID USAGE POLICY, PLUS RELATED ATTACHMENTS, WILL BE APPENDED HERETO AND MADE A PART THEREOF. LESSEE ACKNOWLEDGES RECEIPT AND REVIEW OF THE USAGE POLICY. FOR: Lessee CLEARWATER PARKS & RECREATION DEPT. FOR: Center /Lf) (Organization) ~ PACT. Inc. tV4--c;A--.. J BY: BY: G~ /c:ffU ADDRESS: P.O, B X 4748 1111 McMullen Booth Road 1f.as'U~ 0 0 Clearwater, Florida 34619 CLEARWATER, FL 34618 Tel.#: b/Z'/'i? DATE: tol 1.&/ Cf 1 DATE: I RUTH ECKERD HALL Managed by PACT, Inc, ESTIMATED EXPENSES lEASE AGREEMENT - SCHEDULE A TAXABLE ESTIMATED EXPENSES Rental fee $6,350.00 $25,490.00 .p~ 'OW;;;! ~)~J-t^~~~ ~ PACT, INC. Clearwater, Florida 34619 · Telephone (813) 791-7060 · Fax (813) 791-6020 M,D.S. Parking Ticket Printing TOTAL TAXABLE EXPENSES SALES TAX BOX OFFICE EXPENSES Base charges Advance sales Day of show only Credit card service Ticketmaster service Other TOTAL BOX OFFICE CHARGES TECHNICAL EXPENSES Stagehands Audio recording Video recording Other TOTAL TECHNICAL EXPENSES ADDITIONAL EXPENSES Parking guards Traffic officer Advertising Custodial Charge TOTAL ADDITIONAL EXPENSES TOTAL ESTIMATED EXPENSES AGREED TO: 1111 McMullen Booth Road · $2,000,00 (BASED ON 4,000 TOTAL ~,' PATROi\JS AT $.50 PER PERSON} N1A $300.00 ($100.00 PER SHOW) $8,650.00 EXEMPT $250.00 5% of charges sold $ 250,00 $15,000.00 (ESTIMATE) $15,000.00 (Est.) $600.00 ($200 per show) $240.00 ($80 per show) $750.00 ($250 per show) $1,590,00 @) DATE: