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Home My WebLink About82-27 - Annual Arts Festival License Agreement• • RESOLUTION NO. 82 -27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF NEWPORT.' BEACH AND THE FASHION ISLAND MERCHANTS' ASSOCIATION, THE TAUBMAN COMPANY AND THE IRVINE COMPANY IN CONNECTION WITH THE ANNUAL ARTS FESTIVAL IN APRIL, 1982 WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain License Agreement between the CITY OF NEWPORT BEACH and THE-FASHION ISLAND MERCHANTS' ASSOCIATION, THE TAUBMAN COMPANY and THE IRVINE COMPANY in connection with the holding by the Arts Commission, the annual Arts Festival held in Fashion Island on April 24th and 25th; a copy of said License Agreement is attached hereto marked Exhibit "A" and incorporated herein by reference; and WHEREAS, the City Council has reviewed the terms and conditions of said License Agreement and finds them to be fair and equitable and that it would be in the best interests of the City to execute said License Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said License Agreement above - described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the City of Newport Beach. ATTEST: City Clerk 022282 PR ADOPTED this 22nd day of February , 1982. ayo • LICENSE AGREEMENT THIS LICENSE AGREEMENT, made this day of 1982, by and between FASHION ISLAND MERCHANTS' ASSOCIATION, THE TAUBMAN COMPANY, AND THE IRVINE COMPANY, hereinafter collectively referred to as "Licensors," and CITY OF NEWPORT BEACH and THE NEWPORT BEACH CITY ARTS COMMISSION, hereinafter collectively referred to as "Licensee," is made with reference to the following facts: 1. Licensee annually conducts an arts festival within the City of Newport Beach for the purpose of increasing the cultural oppor- tunities for the residents of the City of Newport Beach and surrounding areas; 2. This festival attracts large numbers of persons to the site of the exhibit and requires the use of a large area in Newport Beach that has extensive parking facilities; 3. The merchants;'owners, and managers of property within and around the site of the exhibit benefit from the exposure of their stores, restaurants, and businesses to a large segment of the public; and 4. In recognition of the significant mutual benefit that would accrue to Licensors and Licensee alike, the parties desire to enter into an agreement to allow Licensee to conduct the arts festival in the Fashion Island Shopping Center. NOW, THEREFORE, the parties hereto, in consideration of the mutual promises contained herein, do agree as follows: 5. Licensors hereby grant to Licensee the right to use the common areas of the Fashion Island Shopping Center, including the sidewalks, open areas, parking facilities, and similar areas from April 23 through April 25, 1982. Management reserves the right to disallow the use of certain areas, if in its judgement, safety, security, tenants rights, or other considerations appear in jeopardy. • (a) Activities permitted pursuant to this agree- ment are limited to the exhibition and sale of arts and crafts, the viewing of dramatic, musical and theatrical performances, and similar artistic and cultural endeavors. (b) Licensee shall observe all public laws, ordinances and regulations and shall not: maliciously obstruct or inter- fere with normal business operations of the merchants and businessmen within the Fashion Island Shopping Center complex. (c) Licensee shall, prior to engaging.in any activity pursuant to the terms and conditions of this agreement, present Licensors with a Certificate of Insurance whereby Licensors and Licensees shall.be insured against loss arising out of negligence of Licensee or any of its employees or agents. The policy limits of such insurance shall be One Million Dollars ($1,000,000.00) combined single limit for bodily injury and property damage. The policy of insurance shall contain a provision that Licensors will receive ten (10) days' notice of any intention on the part of the carrier to cancel the policy of insurance. The Certificate of Insurance shall be delivered to Licensors on or before April 1, 1982. The Licensee shall be responsible for the payment of all premiums and other charges due with respect to the insurance policy. 6. Licensors agree to do the following pursuant to the terms and conditions of this agreement. (a) Provide a piano. (b) Provide the empty store space #131 (Fashion Island . Management Office) or a tent for the Juried Art Show, and normal security personnel to patrol the area periodically. Minimum size 20' x 40'. 2 (c) Donate $150.00 for Press Party. (d) Advertise the event in both print and broadcasting, a copy of the material to be provided to the Arts • Commission. (e) Provide PA System consisting of two speakers and one microphone. (f) Set up 200 chairs for performing arts audience seating. Chairs and tables to be provided on Friday, April 23, by Licensee. (g) Provide posters /signs for the show. (h) Provide electrical outlets for crafts, demonstrations, and community organizations. (i) Provide a permanent stage for the performing arts participation. Center Stage Court. (j) Provide One Hundred Dollars to be used as awards for the Childrens' Art Contest. (k) Provide electric carts and drivers to transport art work onto and off the mall, provided, however, no employee of Licensor shall carry or set up any art work. (1) Provide space to be used as costume change area for the performing arts division. 3 (m) Provide a minimum of five thousand (5,000) copies of the . official program, said copies to be printed and collated. 7. Licensee agrees to do the following pursuant to the terms and conditions of this agreement. 3 (a) Plan and coordinate the program, including the exhibits and performances for the exhibition, publicity releases, and placement. (b) Provide typed copy for the official program on or 0 before April 1, 1982. (c) Provide sufficient personnel to ensure that (1) artwork on display is properly checked in and out of its display facility and (2) ensure the safety of the artwork on display outside of the time periods referenced herein; and (3) provide security at tent area April 23 through 25th. (d) Consult with the Sales Promotion Director for Licensor with respect to the display of artwork and allow the Director to screen all entries in the visual arts category prior to their display. It is mutually under- stood that any piece of art may be removed at the discretion of the Sales Promotion Director and /or any demonstration booth personnel and /or participating artist or performer should it be determined that the artwork does not meet the standards of Fashion Island Management. (e) Provide 200 chairs and 20 tables for arts demonstrators. 8. Licensee shall not solicit from the merchants and business- men of Fashion Island any contribution, donation, or gratuity as a part of this exhibition. Licensee may exhibit, from such merchants or businessmen, to the extent that the contribution or donation is not the . result of any solicitation. 4 • • 9. Artists desiring to sell arts and crafts at Fashion Island during the City Arts Festival, April 24 and 25, 1982, shall meet the following conditons: (a) Register in advance with the City Arts Commission for space and pay a $15 fee per 10' x 10' space to the Fashion Island Merchants Association. A maximum of two 10' x 10" spaces may be reserved. (b) All sales transactions shall be completed at a Cashier's booth, staffed by Fashion Island Merchants Association. A 20% commission on all sales based on pre -tax price shall be collected by the Fashion Island Merchants Association. If space #131 is used for the.Juried Art Show 10% of sales shall go to the Fashion Island Merchants Association and 10% to the City Arts Commission. If a tent is used 15% shall go to the Fashion Island Merchants Association and 5% to the City Arts Commission. The remaining 80% shall be paid to the artist. (c) The sales promotion director shall have the right to screen all entries and it is mutually understood that any piece of art may be removed at the discretion of the sales promotion director. Any sales booth personnel, participating artist, or performer may also be removed by the sales promotion director should it be determined that the artwork does not meet the standards of Fashion Island Management. 5 Avved as to form: r (61-d /J 41. Michael H. Miller • Executed the day and year first above written. Jackie Heather Mayor CITY OF NEWPORT BEACH Madeline Rose Chairman NEWPORT BEACH ARTS COUNCIL COMMISSION Kathleen Lauren Director of Promotions FASHION ISLAND MERCHANTS ASSOCIATION 9