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LEASE FOR CLEARWATER COMMUNITY CHORUS (2) 'i 't:- f'" ~" ~ ~ t~ ~ ~ u r-. '] ;, .~ ., RUTH ECKERD HALL LEASE AGREEMENT This Agreement is made this 6 day of FEBRUARY 19 97 between Pact, Inc. lessor, hereinafter referred to as .Center" and CLEARWATER PARKS AND RECREATION DEPT. performing as CLEARWATER COMMUNITY CHORUS herein referred to as "Lessee" (LE~ssee certifiE!.s that the above is the true legal title.) It is mutually ~reedl:>etwElen 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 34619, specified below, by the Lessee for the purposes of: REHEARSALS AND PERFORMANCES FACIUTY USAGE RENT DATES INCLUSIVE TIMES AUDITORIUM REHEARSAL PERFORMANCE REHEARSAL PERFORMANCE $700.00 $1,425,00 VS. 10% $840.00 $1,225.00 VS. 10% MONDAY, 2/24/97 SUNDAY,3/2/97 TUESDAY,4/22/97 SUNDAY, 4/27/97 6PM - 11 PM; REHEARSAL @ 8PM 8AM - 6PM; PERFORMANCE @ 3PM 5PM -11PM 8AM - 5PM; PERFORMANCE @ 2:30PM AUDITORIUM AUDITORIUM AUDITORIUM For spaces, dates and times specified above, the rent is $ 4,190.00 (PERFORMANCES ARE VS.10%) 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 Lessee agrees to make advanced payment to Center for reimbursables of such sums as are necessary to cover those costs which Censer anticipates it would encounter on behalf of lessee in preparation for and planning of Lessee's event (including all dollar amounts reflecIed 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 finaf 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 applicable to all rentals and certain services (e.g. Parking Expense, MOS, Ticket Printing) or other things of value. If Lessee has a Tax Number which exempts Lessee from the State Sales Tax, Lessee will provide 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 ca",,~I\afio'1.~y...the Lessee, the Center may require one half of the contract rent as liquidated damages, plus any additional expenses incurred aFiCl'H1& Ll:lL and the Center shall be relieved of any further obligations under this Agrep3f1ler~cMullen Booth Road · Clearwater, Florida 34619 · Telephone (813) 791-7060 · Fax (813) 791-6020 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 POUCY: 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 (Organization) CLEARWATER PARKS & RECREATION DEPARTMENT FOR: Center PACT. Inc. BY: 40 :l.~ BY: /7 tJ~ -LUl... ~ ~ ADDRESS: CLEARWATER, FL 34618 1el.#: 1111 McMullen Booth Road Clearwater, Aorida 34619 462-6531 DATE: ~ -Vz-~'#7 DATE: :lA-Is? USAGE POLICY AGREEMENT Lessee has read the Usage Policy and agrees to perform under the terms stated herein. Lessee acknowledges' itS- responsibility mcompletely iriforiiiii1g '-- 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 Lease Agreement null and void and Lessee may be required to 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 & Rec. Department EVENT DATE: Feb. 24, _Mar. 2((JJ 22, Apr. 27, 1997 Agreed to::/' ~ . K y...../h (Lessee) (Date) PACT, INC. 1111 McMullen Booth Road · Clearwater, Florida 34619 · Telephone (813) 791-7060 . Fax (813) 791-6020 <. RUTH ECKERD HALL Managed by PACT, Inc, ESTIMATED EXPENSES LEASE AGREEMENT - SCHEDULE A TAXABLE ESTIMATED EXPENSES Rental fee - performances $2,650.00 VS. 10"10 Rental fee - rehearsals $1,540.00 M.D.S. .50 PER PATRON, OR 2% GROSS TICKET SALES Parking NI A Ticket Printing $200.00 ($100 PER PERFORMANCE) TOTAL TAXABLE EXPENSES $4,390.00 SALES TAX 7% BOX OFFICE EXPENSES Base charges Advance sales Day of show only Credit card service Ticketmaster service Other TOTAL BOX OFFICE CHARGES $300.00 ($150 per performance) 5% OF CHARGES SOLD $300.00 TECHNICAL EXPENSES Stagehands $19 per hour, per stagehand, 4 hOur minimum. UnIon stage. Audio recording Video recording Other TOTAL TECHNICAL EXPENSES T.B.D. ADDITIONAL EXPENSES Parking guards $400.00 ($200 per performance) Traffic officer Advertising Custodial Charge TOTAL ADDITIONAL EXPENSES $160.00 ($80 per performance) $500.00 ($250 per performance) AGREED TO:Y DATE: )( ~~ $1,060.00 $5,750.00 plus ~ MDS, stagehand,S. ' , " and insurance , \ \. TOTAL ESTIMATED EXPENSES PACT, INC. 1111 McMullen Booth Road · Clearwater, Florida 34619 · Telephone (813) 791-7060 · Fax (813) 791-6020 Invoice Date 03-Apr-96 PACT, INC. FINAL REVENUE/EXPENSE REPORT LESSEE: EVENT: DATE(S): TIME: CLEARWATER PARKS & RECREATION DEPT. CLEARWATER COMMUNITY CHORUS 3/6/96-3/9/96 REHEARSALS & PERFORMANCE 2:00 PM 3/9 PERFORMANCE REVENUES # tickets a.#: 1202 TOTAL TICKET REVENUE: $ LESS SALES TAX: $ NET TICKET REVENUE: $ b.#: 972 TICKETS CONSIGNED: $ LESS SALES TAX: $ CONSIGNED NET: $ c.# 224 PACT TICKET SALES: $ LESS SALES TAX: $ PACT NET: $ d.# TICKETMASTER SALES: $ -LESs..sALES T A )('. _ ,$, _0', TICKETMASTER NET: $ e,# 6 COMPLEMENTARY TICKETS 7,757.00 7,757.00 6,318.00 6,318.00 1,439.00 0.00 1,439.00 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 HOUSE CHARGES Rental fee MDS Parking Expense 1100 @ .50 each Florida sales tax Stagehands Traffic police Parking guards Marketing Recording/Video Miscellaneous SJA~EHANDFOQD $ $ $ $ $ $ 150.00 100.00 29.80 279.80 $ $ 1,600.00 80.00 $ 550.00 $ TAX EXEMPT $ 1,188.00 $ 80.00 $ 240.00 $ $ 0.00 $ $ $ $ $ 20.35 .~- -..-- ----:-".------ -----.-=~ TOTAL HOUSE CHARGES 3,758.35 TOTAL EXPENSES: LESS DEPOSIT: NET EXPENSES: LESS BOX OFFICE RECEIPTS: NET DUE: ~~1~ K $1,439.00 $4,038.15 $3,155,75 $882.40 $1,439.00 ($556.60) Invoice Date 16-Jan-97 PACT, INC. FINAL REVENUE/EXPENSE REPORT LESSEE: EVENT: DATE(S): TIME: CLEARWATER PARKS AND RECREATION DEPT. CLEARWATER COMMUNITY CHORUS DEC 04 & 07,1996 4:00 PM REVENUES # tickets a.#: 1033 TOTAL TICKET REVENUE: $ 6,627.50 LESS SALES TAX: $ 433.57 NET TICKET REVENUE: $ 6,193.93 b.#: 780 TICKETS CONSIGNED: $ 5,070.00 LESS SALES TAX: $ 331.68 CONSIGNED NET: $ 4,738.32 c.# 241 PACT TICKET SALES: $ 1 ,557.50 LESS SALES TAX: $ 101 .89 PACT NET: $ 1 ,455.61 d.# TICKET MASTER SALES: $ LESS SALES TAX: $ TICKET MASTER NET: $ 0.00 e.# 12 COMPLEMENTARY TICKETS TOTAL REVENUE: $1,455.61 EXPENSES BOX OFFICE SERVICES Box Office charges $ 150.00 Ticket printing $ 100.00 PACT credit card svc. $ 33.88 Tktmaster outlet svc. $ Tktmaster credit card svc. $ TOTAL BOX OFFICE SERVICES $ 283.88 HOUSE CHARGES Rental fee $ MDS-2% OF GROSS TICKET SALES OR 913 @ .50 each $ Florida sales tax $ Stagehands $ Traffic police $ Parking guards $ Marketing $ Custodial Charge $ Miscellaneous 2,350.00 456.50 203.46 1,561.00 80.00 180.00 250.00 TOTAL HOUSE CHARGES $ $ $ $ $ 5,080.96 TOTAL EXPENSES: LESS PAID CONSIGNED TICKETS: NET EXPENSES: LESS BOX OFFICE RECEIPTS: $5,364.84 $5,070.00 $294.83 $1 ,455.61 NET DUE: ($1,160.78)