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LEASE FOR CLEARWATER CITY PLAYERS (4) Walbolt, Margo To: Subject: Whitt, Laura Agreement to be filed Attached is the original of the agreement that was executed with Ruth Eckerd Hall. I also attached the revenue/ expense receport we just received. Per a recent memo- this needs to be filed with the City Clerk - ~+ (/ ll?;LV\dLr c opv~ l..4tv ~ .f'\ ~ \r-..Q~ P N( V. ~'r'-U?-1yV\.lW\. B . R~CEIVED 3E} 28 1999 rvuJ C fTY CLERK DEPl: 1 Walbolt, Marg~ From: Sent: To: Cc: Subject: Richter, Debbie Friday, July 02, 1999 4:54 PM Miller, Stew Dowd, Birgitt; Norris, Cliff; laTerza, Kathy; Walbolt, Margo; Schmidt, Terry RE: Contracts, Agreements and other OffIcial Documents 1) Outside Instructor Contracts and Professional Service Contracts are similar to employment agreements and we have not applied this requirement to them in the past, even when Mr. Wilson was here. I will verify with City Clerk just to be sure. 2) When the Ruth Eckerd Hall contract went through Ream, I use to catch it and send the original to the City Clerk. I'll check the files on this one as Laura mentioned, she didn't think we have done this since she's been here. Ifnot, we'll need to catch up. No reminders will be needed or necessary from Clerk since it's on an as needed basis for performances. 3) Regarding the grant agreements, we should be sending the originals to the City Clerk, copied to the main department files. They need the original of contracts, agreements, leases, legals documents to which the City is a party. If there are any grey areas or other questions and I'm not sure, we'll check with the City Clerk. Thanks. @ Deb (562-4817) From: Sent: To: Cc: Subject: Miller, Steve Friday, July 02. 1999 4:28 PM Richter, Debbie Birgitt Dowd; Cliff Norris; Kathy laTerza; Margo Walbolt; Terry Sclvnidt RE: Contracts, Agreements end other Official Documents I don't think our folks would have anything that wouldn't be filed here. Message is still somewhat confusing do they mean Outskje Instructor Contracts, Professional Service Contracts, Grant Agreements, Ruth Eckerd Hall Use Agreements, etc. What is the definition of Official Documents... ~ Team, let Debbie know if you think you have anything that qualifies... -OrigInlIl MIlIIIQI From: Richter, Debbie Sent: Friday, July 02, 19993:55 PM To: Sfephellean, SUsan E. Cc: Miller, Steve; Dowel, L.8rry; RUlI&eII, Jon; Roether, M.r1t; Kader, Art; Whitt, Laura Subject: FW: Contr8c:ts, Agreements and other Official Documents Susan: We were doing this and I believe have been pretty good about getting your lease/agreement/contract reminders back to you but since so much has been delegated and staff are handling a lot of their own processing, we may have gotten away from providing you with the originals of new documents and :filling out the form with info. to enter into your computer program. It was a lot easier to monitor when they all used to come through Ream, I'll check with our folks and the files to see if there are any we've missed. With vacations and the holiday, we'll do what we can to forward any we might find to you by the 9th. Parks & Rec.: Please check with your staff and get to me asap. As mentioned in the e-mail Page 1 Ruth Eckerd Hall Lease Agreement Auditorium Rehearsal $1,100.00 Full Mon 7-19-99 8am-llpm Day Rate Auditorium Rehearsal $700.00 Tue 7-20-99 4pm -llpm Rehearsal Rate Auditorium Rehearsal $700.00 Wed 7-21-99 5pm - Ilpm Rehearsal Rate Auditorium Rehearsal $700.00 Thu 7-22-99 5pm - Ilpm Rehearsal Rate Auditorium Performance $750.00 Fri 7-23-99 6pm-llpm; Performance Performance @ 8pm Rate Auditorium Performance $750.00 Sat 7-24-99 6pm-llpm; Performance Performance @ 8pm Rate Auditorium Performance $950.00 Sun 7-25-99 8am-5pm; Performance Performance @ 2pm Rate For spaces, dates and times specified above, the rent is $5.650.00 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 June 30,1999, 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 wilI automatically be added to the Lessee's bill, Additionally, no future dates wiIl 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. PACT, INC. 1111 McMullen Booth Road · Clearwater, Florida 33759 · Telephone (727) 791-7060 · Fax (727) 724-5976 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.) 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 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 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 fmancially 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 REGULA nONS GOVERNING THE USE OF THE PERFOMING 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. PACT, INC. 1111 McMullen Booth Road · Clearwater, Florida 33759 · Telephone (727) 791-7060 · Fax (727) 724-5976 For: Lessee: Margo Walbolt (Organization) Clearwater Par and Recreation Dept. Phone:, (7~~2-4809 Date: ~ /1/1 For: Center PACT)nc. A//? /\ ~ By:~~~ ~ William A. Ross, III, General Manager 1111 McMullen Booth Road Clearwater, FL 33759 Date: 7/"/f7 PACT, INC. 1111 McMullen Booth Road · Clearwater, Florida 33759 · Telephone (727) 791-7060 · Fax (727) 724-5976 , . RUTH ECKERD HALL MANAGED BY PACT, INC, ESTIMATED EXPENSES LEASE AGREEMENT - SCHEDULE A City of Clearwater Parks and Recreation Department July 23-25,1999 TAXABLE ESTIMATED EXPENSES RENTAL FEE 5,650,00 MDS 2,000,00 (Based on 4,000 total patrons @ ,SO/person) TICKET PRINTING 300,00 TOTAL TAXABLE EXPENSES SALES TAX 7,950,00 Exempt BOX OFFICE EXPENSES BASE CHARGE ADVANCED SALES DAY OF SHOW ONLY CREDIT CARD SERVICE TICKET MASTER SERVICE TOTAL BOX OFFICE SERVICES 250,00 N/A N/A 5% Charges sold N/A 250,00 base TECHNICAL EXPENSES STAGEHANDS 19 20 per stagehand, 4 hour minimum 3 person minimum N/A N/A N/A 5,500,00 ESTIMATE ONLY 5,500,00 ESTIMATE ONLY PIANO TUNE VIDEO RECORDING AUDIO RECORDING TOTAL TECHNICAL EXPENSES ROY AL TY FEES I A~AP BMI SESAC TOTAL ROYALTY FEES IWA ADDITIONAL EXPENSES PARKING GUARDS 480,00 (4 @ $10,00 PER HOUR, 4 HOUR MINIMUM, PER SHOW) 252,00 ($2I/HR, 4 HOUR MINIMUM, PER SHOW) 750,00 $480.00 TRAFFIC OFFICER CUSTODIAL CHARGE TOTAL ADDITIONAL EXPENSES $252.00 $750.00 1,482,00 TOTAL ESTIMATED EXPENSES $15,182.00 + INSURANCE ~ AGREED TO: ~~~ ((i) DATE: PACT, INC. 1111 McMullen Booth Road · Clearwater, Florida 33759 · Telephone (727) 791-7060 · Fax (727) 724-5976 ~ ~" "~ USAGE POLICY AGREEMENT Lessee has read the Usage Policy and agrees to perform under the terms stated herein. 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 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: City of Clearwater Parks and Recreation Department EVENT DATE: July 19-25, 1999 Agreed to: ..dij~~ 1/1 / qtJ (~ PACT/INC~ (Date) 1111 McMullen Booth ~oaa · Cleirwater, Florida 33759 · Telephone (727) f91-7060 . Fax (727) 724-5976 ~ . LESSEE: EVENT : DATE(S): TIME: REVEN..JES .. u~ie jv'" ~,.jj I"A('I, J.N<.. FINAL REVEN.JEIEXPENSE REPORT CLEARWATER PARKS & RECREATION DEPT. CLEARWATER CITY PLAYERS 7/23/99-7/25/99 800PM & 200PM a#' # tickets 2048 TOTAL TICKET REVENUE LESS SALES TAX NET TICKET REVENUE b.#: TICKETS CONSIGNED: LESS SALES TAX: CONSIGNED NET: c# 2009 PACT TICKET SALES: LESS SALES TAX PACT NEi d# TICKETMASTER SALES: LESS SALES TAX: TICKETMASTER NET: e# 39 COMPLIMENTARY TICKETS EXPENSES BOX OFFICE SERVICES Box Office charges Ticket printing PACT credit card svc Tktmasfer outlet svc Tktmasfer credit card svc TOTAL BOX OfFICE SERVICES HOUSE CHARGES i<ental fu MDS-21o OF GROSS TICKET SALES OR 1958 @ .50 each Florida *lies tax S~ephMcM Traffic police Perking guards Ascap ( see chart) 8M! ( .003 x gross ticket sales) Sesac (.01 x # tickets Incl camps) Custodial Charge TOT AL HOUSE CHARGES $ $ $ $ $ $ $ $ $ $ $ $ 20,090.00 1.314.30 18,775.70 0.00 0,00 0,00 20,09000 1,314.30 18,775.7J 0.00 $ $ $ $ $ $ 0.00 TOTAL REVEMJE: 250,00 30000 36500 0.00 $ $ $ TAX EXEMPT $ $ $ $ N/A $ N/A $ N/A $ $ 915.00 5,650.00 97900 "' ,756.00 252.00 450,00 750.00 12,83700 TOTAL EXPENSES: LESS DEPOSIT: NET EXPENSES: LESS BOX OFFICE RECEIPTS: ","," M:TICC NET DUE: $ 18,nS.70 $13}52,QC $O.OC $13,7520C $18,7757C ($5,023,70: