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HomeMy WebLinkAbout24 - Newport Theater Arts Center & Council Policy I-6May 22, 2001 Agenda Item No. 24 CITY OF NEWPORT BEACH Office of the City Attorney TO: Mayor & Members of the City Council 0 FROM: Robert Burnham RE: Newport Theatre Arts Center V Amendment of Council Policy 1 -6 (Exhibit A) Special Event and License Agreement (Exhibit B) cRC� fi r �P House Rules (Exhibit C) Fee Schedule (Exhibit D) Request for Use by Newport Beach Theatre Company (Exhibit E) DATE: May 22, 2001 BACKGROUND The Newport Theatre Arts Center (Theatre) is located on Cliff Drive in Newport Heights. On April 10, 2001 the City Council approved a management agreement (Agreement) with the Friends of the Newport Theatre Arts Center (Friends). The Agreement gives the Friends exclusive use of the Theatre for all but three (3) two -week periods (Reserved Periods) during each "program year." The Council also directed staff to revise Council Policy 1 -6 to establish the criteria for selecting the group or organization (Third Party) entitled to use the Theatre during the Reserved Periods and to prepare documentation to regulate Third Party use. DISCUSSION Staff has prepared: (a) modifications to Council Policy 1-6; (b) a License Agreement and Special Event Permit (Permit); (c) House Rules; and (d) a Schedule of Fees. The modifications to Council Policy 1 -6 reflect the terms and conditions of the Agreement, define the procedure for selecting the Third Party and establish rules related to the use of the Theatre. The Permit is the contract between the City and the Third Party and contains requirements relative to insurance, "rights and royalties, and indemnification that are designed to protect the City. The House Rules represent a more detailed description of the "do's and don'ts" related to Theatre use and the Fee Schedule establishes the charges for use of the Theatre, the certain theatre equipment and technical1service personnel designated by the Friends. The Newport Beach Theatre Company has asked the Council to designate them as the Third Party for the first three Reserved Periods. The modifications to Council Policy 1-6 authorize the City Council — as opposed to the Community Services Director - to designate Third Party use at a noticed public meeting on a finding that the group substantially complies with the Third Party selection criteria. The Newport Beach Theatre Company does appear to meet the selection criteria, they have — with the full cooperation of the Friends — already staged a production at the Theatre, and the City Council would, pursuant to Council Policy 1-6, be authorized to grant all or a portion of their request. RECOMMENDATION Staff recommends the City Council: 1. Approve the Modifications to Council Policy 1-6, the Permit, the House Rules and the Fee Schedule; and 2. If appropriate, determine that the Newport Beach Theatre Company meets the selection criteria in Council Policy 1-6 and approve all or a portion of their request to use the Theatre during the first three (3) Reserved Periods. 0 NEWPORT THEATRE ARTS CENTER 1. BACKGROUND I-6 The Newport Theatre Arts Center (Theatre) has been the site of community theatre productions since 1979. The Friends of the Newport Theatre Arts Center (Friends), a non profit public benefit corporation, have, since 1980, managed the Theatre and offered first class theatrical productions and shows using dedicated volunteers from the community. The Friends have presented at least four productions a year, have funded their program through ticket sales and donations from the private sector, and have used excess funds to purchase theatrical equipment. The plays and shows presented by the Friends are affordable to all economic segments of this community and offer residents a unique opportunity to attend or participate in theatrical productions. The Friends represent the epitome of "community theatre' - a volunteer effort using principally non -equity performers that is self funded and offers performers of all skill levels an opportunity to develop their talents. 2. MANAGEMENT /PRIMARY USE The City Council has, pursuant to a written management agreement, appointed the Friends as the primary user and manager of the Theatre in recognition of their dedication, skill and effort over the years. The City Council is aware that the consistent presentation of first class community theatre requires extensive pre - production use of the venue for rehearsal, set construction and related activities. The City Council has determined that the community theatre program offered by the Friends requires exclusive use of the Theatre for continuous and extended periods of time throughout the year and from year to year. As manager, the Friends are required to make the Theatre available, and to supervise its use, by other groups or organizations selected by the City (Third Party/Third Parties) for stage plays or artistic events during no less than three (3) two -week periods each year (Reserved Periods). The Friends are also required to allow and supervise use by residents and local business owners for short meetings or events of limited duration. The City Council expects the Friends, in supervising the use of the Theatre by any Third Party, to serve as a resource, if called upon, to facilitate the efforts of community groups authorized by City to present stage plays at the Theatre. 1 EXHIBIT A I-6 3. RESERVED PERIODS. The City, through the Community Services Director, is responsible for selecting the Third Party/Third Parties that will be permitted to use the Theatre to present stage plays or other artistic productions during the Reserved Periods. Third Party use of the Theatre shall be granted pursuant to a special event permit and license agreement (permit). In selecting among applicants, preference shall be given to public benefit non- profit corporations in good standing that have received a tax exempt determination pursuant to Section 501(c)(3) of the Internal Revenue Code. Since the theatre is one of very few venues in the area that is capable of accommodating live stage performances, preference shall be given to an applicant seeking permission to use the Theatre for live theatrical performances presented during at least one entire Reserved Period. The City shall use the following criteria in selecting among qualified applicants that have submitted timely applications requesting use of the Theatre at the same time during all or a portion of any Reserved Period: (A) Previous experience in presenting live stage productions of a magnitude similar to that proposed in the application; (B) Firm commitments from technical, artistic and support staff capable of producing a live stage play; (C) The extent to which Newport Beach residents are involved in the production; (D) The extent to which the production involves or generates educational opportunities for youth; (E) Whether the applicant has secured the rights to produce the play and the extent to which the applicant can demonstrate the ability to pay required fees and charges. (F) The potential for recurring use by the applicant. In the event that no application is submitted and approved by the City authorizing presentation of a live theatrical performance during any Reserved Period, preference shall be given to the applicant who first submits a timely application to present a cultural or artistic event that is consistent with the historical usage of the Theatre. The Community Services Director is authorized to meet and confer with applicants who have submitted conflicting requests in an effort to determine if the applicants are willing to modify the requests to avoid the conflict. The Community Services Director is also authorized to partially grant or modify any application to eliminate conflict or to preserve use of the Theatre for the City or for other purposes. 2 I I-6 While the Community Services Director will generally determine Third Party use of the Theatre pursuant to the application process. However, the City Council may, upon a determination that a requesting group substantially complies with the selection criteria in (A) - (F) and at a noticed public meeting, authorize Third Party use of the Theatre for multiple or consecutive Reserved Periods subject only to execution of the required permit. 4. PROCEDURES (A) Subject to the provisions of Subsection (B), any individual, group or organization requesting permission to use the Theatre during all or a portion of any Reserved Period, or for any event that requires a special event permit pursuant to Chapter 5.10 of the Newport Beach Municipal Code (applicant) shall file an application for a permit. The application shall be filed with the Community Services Department no less than 45 days prior to the first date of the Reserved Period during which applicant proposes to use the Theatre and shall be accompanied by the fee established by resolution of the City Council. The application shall be submitted on forms provided by the Community Services Department, all requested information shall be provided and an individual authorized to bind the applicant shall sign the application. The applicant shall clearly specify the requested dates and times for use of the Theatre and describe, in detail, the production to be presented as well as the technical, artistic and support personnel to be involved in the production. (B) In the event that the City Council has authorized use of the Theatre by a Third Party pursuant to the provisions of Section 3, the Third Party shall submit the information required by Subsection (A) within fifteen days after the action by the City Council but is not otherwise required to comply with the procedures specified Subsection (A). 5. CONDITIONS All use of the Theatre shall be subject to strict compliance with this Policy, the application submitted, the "House Rules' (Exhibit A) and the terms and conditions of the Special Event Permit and License Agreement (Permit). The House rules and the Permit shall be provided to the applicant when the application is filed. In addition, each Permittee shall strictly comply with the following conditions: (A) The Theatre shall not be used, or open for use, by any person before 8:00 a.m. or after 11:30 p.m. on any day. 3. 5 I-6 (B) The Permittee shall take all reasonable steps to ensure that all users respect nearby residents by minimizing noise, parking and other impacts. (C) The Permittee shall use the property, the Theater and the Theatre Equipment with due care and in a manner that avoids any damage, any injury to any person, and minimizes wear and tear. (D) The Permittee shall comply with all applicable laws and shall take all reasonable steps to ensure that guests and invitees also comply with all applicable laws. (E) The Permittee shall fully and immediately comply with all requests of the Community Services Director and the Chief of Police or their employees. 6. FEES Use of the Theatre by any Third Party shall be subject to the payment of fees to the City for the use of the Theatre (Property Fee) and to the Friends, to the extent applicable, for use of the stage and sound equipment (Equipment Fees) and skilled personnel qualified to operate the Equipment (Operator Fees). The Property Fee, Equipment Fees and Operator Fees are as specified in the Fee Schedule (Exhibit B). The Community Services Director may waive all or a portion of the Property Fee upon request and a showing of good cause. The Community Services Director shall collect, and remit to the Friends, any Equipment Fees and /or Operator Fees. Adopted - May 22, 2001 H 6 LICENSE AGREEMENT AND SPECIAL EVENT PERMIT NEWPORT THEATRE ARTS CENTER This License Agreement and Special Event Permit (Permit) to use the Newport Theatre Arts Center (Property) located at 2501 Cliff Drive is issued to (Permittee) by the City of Newport Beach (Owner) and is subject to the following terms and conditions. 1. APPLICATION /EFFECTIVE DATE. (a) Effective Date. This Permit shall, assuming compliance with subsection (b), be effective when signed by the Permittee and executed on behalf of the Owner. (b) Condition to Use. Subject to the rights of the Friends of the Newport Theatre Arts Center (Manager), Owner will not authorize possession of the Property by any other person during the period that Permittee is entitled to use the Property provided Owner receives a fully executed Permit and all required fees and charges when due. 2. SCOPE OF PERMIT. (a) Property. This Permit authorizes Permittee to use the Property at the dates and times (Use Period), and for the specific performances /events, including any required rehearsals (Performances) described in the application or equivalent in the event that Permittee is designated by the City EXHIBIT B 7 (c) Council (Exhibit A). Permittee's right to commence or continue use of the Property during the specific Use Period is contingent on strict compliance with the terms and conditions of this Permit, Council Policy 1-6 (Exhibit B), the House Rules (Exhibit C) and the requests and instructions of the Manager. Permittee's right to use the Property is limited to those areas specified in the House Rules. Permittee shall not access or use those areas that are secured and reserved for use by the Manager such as the kitchen, set construction area and set/costume storage area. Owner is providing the Property "as is" and Owner's sole obligation with respect to the condition of the property is to provide janitorial service and utilities. (b) Equipment. The Manager has installed equipment, such as stage equipment, stage lighting, a sound system and other property related to the operation of the Theatre (Equipment). Permittee may use the Equipment during all Performances subject to compliance with the terms and conditions of this Permit and the House Rules, the payment of all Equipment/Operator Fees (Exhibit D) and compliance with all instructions and requests of the Manager related to use of the Equipment. Permittee shall use Equipment Operators designated by the Manager unless the Manager has consented to personnel provided by Permittee. Permittee shall be required to demonstrate to Manager that any person designated by Permittee to operate the Equipment has the requisite skill and experience to operate the Equipment. Permittee shall provide Manager with all Equipment Operator needs and requirements no less than forty -five (45) days prior to the first Performance. Manager Meeting. Permittee shall, no less than five (5) days after the effective date of this Permit, meet and confer with Manager relative to the use of the Property, the Equipment and any other matter that will promote cooperation and ensure good communication between Manager and Permittee. z 3. 4. (a) PERMIT FEES AND CHARGES. Property Fee. The fees for use of the Property shall be $300.00 for each day, or portion of a day, that Permittee is authorized to use the Property unless the Community Services Director or City Council waive all or a portion of the fee. (b) EauipmenUO -perator Charges. The fees for use of the Equipment and (c) (a) (b) (c) Operators provided by Manager have been established by the City Council and are attached as (Exhibit D). Secures Deposit. Permittee shall deposit the sum of $ 750.00 with the City unless the Community Services Director or City Council modifies the amount. City shall refund the security deposit to Permittee within ten (10) days after the Use Period less any sum required to repair Permittee's damage to the Equipment or Property. PAYMENT OF FEES AND CHARGES. Property Fee. Permittee shall pay twenty-five percent (25 %) of the total Property Fee on the effective date of this Permit and the remainder of the Property Fee at least fourteen (14) days before the first date of the Use Period. Theatre Equipment Charges. Permittee shall pay fifty percent (50 %) of all anticipated Equipment/Operator Fees no less than thirty (30) days before the first date of the Use Period and the remainder at least fourteen (14) days before the first date of the Use Period. Timelv Payment. This Permit shall terminate if Permittee fails to pay any fee or charge on or before the date due. 3 9 (d) Refund. Permittee shall receive a full refund of all fees and charges paid if Permittee provides notice of cancellation of this Permit no less than fourteen (10) days prior to the first date of the Use Period. (e) Form of Payment. All payments shall be in the form of certified or cashier's checks payable to the City of Newport Beach. (g) Waiver. Owner reserves the right to waive or reduce the Property fee with respect to use of the Theatre by any Permittee. S. ADMISSION. (a) Tickets. Admission to any performance on the Property shall be by ticket or authorized pass only. (b) Ca aci . The capacity of the Theatre is 90. Permittee shall not permit the sale or distribution of tickets or passes in excess of the seating capacity of the Theatre. 6. PROMOTIONAL MATERIAL. (a) Display Areas. Permittee will not post or allow to be posted any signs, cards or posters except in a display area provided by Owner. Use of the display area is a non - exclusive right. (b) Submittal. Permittee shall submit the contents of any program, playbill or similar matter to be distributed or sold to the audience at any Performance to Owner for review and approval at least ten (10) days prior to the first Performance. (c) Content. The copy for all printed material to be used to promote Performances on the Property shall be accurate in all respects. Promotional material shall clearly state that Permittee is solely responsible for the Performance. 4 7. CONCESSIONS AND MERCHANDISE. (a) Concessions. Permittee shall have the exclusive right to serve or sell food and beverages in those areas designated by the Owner. Permittee shall sell food and beverages only to persons who have purchased tickets or been given passes to attend the performance. In no event shall Permittee sell food or beverages to a greater number of persons than can attend a single performance without the express written consent of the City Manager. (b) Merchandise. Permittee may sell merchandise, such as programs, books, audio or video recordings, souvenirs, mementos and photos, directly related to Permittee or the performance presented by Permittee provided that Permittee has the legal right to do so. Permittee shall sell this merchandise only in locations designated by the Owner. Permittee shall pay appropriate sales tax on all merchandise sold from the Property. 8. INSURANCE. (a) Liability Insurance. Permittee shall maintain general liability insurance including bodily injury and property damage with a minimum coverage of $2,000,000.00 per occurrence or, in the alternative, shall secure liability insurance through Owner's special event liability insurance policy, (b) Worker's Compensation. Permittee shall secure workers compensation coverage in accordance with the statutory laws of the State of California and secure coverage with a minimum amount of $1 million per occurrence for employer's liability coverage. (c) Additional Insured. City and Manager shall be designated as additional insureds on the general liability insurance policy. 5 (d) Certificates. Permittee shall provide endorsements or certificates of insurance evidencing all required coverage no less than thirty (30) days prior to the first date of the Use Period. Certified copies of all policies shall be furnished at the Owner's request. 9. USE OF PROPERTY (a) Alterations. Permittee shall not alter, modify repair or replace the Property, any structure on the Property or any Equipment. Permittee may install sets, stage equipment or related items that are directly related to the performance or any authorized sale of food, beverages or merchandise. Permittee shall remove all sets, equipment and items placed in or on the Property within twenty-four (24) hours after the last date of the Use Period and restore the Property to its condition immediately prior to use by Permittee. Owner may remove and store, at Permittee's expense and risk, any sets, equipment or personal property that Permittee fails to remove from the Property as required by this Permit. Permittee will pay on demand the cost of removal and storage, including a reasonable charge for property stored in City facilities, and the cost of any other loss or damage sustained by the Owner because of the Permittee's failure to comply with this subsection. (b) Safety. Permittee shall strictly comply with all fire protection ordinances, laws and regulations. Permittee shall not use or authorize use of any pyrotechnic device or open flame on the Property. All fire aisles and exits shall be kept clear of equipment and people. No smoking is allowed anywhere in the Theatre including dressing rooms. Permittee's failure to strictly comply with any fire safety rule, ordinance or law shall result in the automatic revocation of this Permit and Permittee's use of the Property shall immediately terminate. (c) Condition /Reimbursement. Permittee shall keep and maintain the Property and Equipment in the same condition as when Permittee first entered the 6 Property. Permittee shall pay, on demand, for all damages or injury done to the Property premises by Permittee or the Permittee's officers, employees, volunteers, agents, patrons, guests and invitees. Permittee shall also pay, on demand, for the costs of replacing of re- balancing any monitor or speakers that have been relocated or handled by Permittee. 10. PERMITTEE'S WARRANTIES (a) Authorizations. Permittee warrants that, no less than forty -five (45) days prior to any Performance on the Property pursuant to this Permit, Permittee will obtain all necessary authorizations and approvals with respect to the use of patented, trademarked or copyrighted music, materials, devices, or other protected property. Permittee also warrants that Permittee will not violate or infringe on any right for which a license or other authorization is required by statutory or decisional law. Permittee shall provide Owner and Manager with proof of compliance with the Subsection no less than forty-five (45) days prior to the first date of the Use Period. (b) Compliance with Regulations. Permittee shall comply fully with all laws, rules, policies and regulations governing the Property as well as Permittee's use of the Property and Equipment. Permittee shall also comply with all orders of any public agency that is issued to protect the health, safety or welfare of the public. 11. OWNER'S RIGHTS The Owner retains the right to cancel, delay, or interrupt any performance to prevent injury to persons in or on the Property or damage to the Property or Equipment. When feasible, Owner shall consult with Permittee prior to taking such action. Owner shall not be liable for any consequential damages incurred by Permittee as a result of the cancellation, delay or interruption of any performance. 1_D 12. DEFAULT BY PERMITTEE (a) Owner's Right to Take Possession. Owner may, without notice to the Permittee or process of law, declare this Permit void and take exclusive possession of the Property in the event Permittee violates any of the terms or conditions of this Permit, City Council Policy 1 -6, or any provision of the Newport Beach Municipal Code (Default). In addition to the right of revocation and immediate possession, Owner may enforce all available legal rights and remedies in the event of a Default by Permittee. In the event Owner revokes this Permit and takes immediate possession of the Property, Permittee shall have no further claim to the Property and Permittee shall have no claim against the City for damages. (b) Permittee's Prone . Permittee is responsible for the expenses the Owner incurs in removing any of Permittee's property from the Property and waives any right or claim for damages to the property while it is being removed or stored by the Owner. (c) No Waiver. Owner's failure to exercise its rights or any delay in exercising its rights shall not excuse, terminate, or impair any duty or obligation of Permittee pursuant to this Permit. 13. RIGHT OF ENTRY. Owner, for itself and the Manager, reserves free access to all parts of the Property during the time that Permittee is authorized to use the Property. Owner, for itself and the Manager, also reserves the right at all times to maintain, alter or repair the Property at any time that Permittee is authorized to use the Property. Owner and Manager shall, in exercising these rights, use their best efforts to avoid interference with any performance open to members of the public. Permittee shall not be entitled to any damages for any injury or inconvenience resulting from the exercise of these rights by Owner or Manager. e lq 14. NONDISCRIMINATION. Permittee shall not, in the exercise of any right granted by this Permit, discriminate against any person because of race, creed, ancestry, sexual preference, disability, sex, marital status, age, religion, or national origin. Permittee expressly agrees not to discriminate against any person or persons on such grounds in connection with admission, services, or privileges offered to or enjoyed by the general public. 15. ASSIGNMENT. The rights granted by this Permit are personal and may not be assigned or transferred to any other person or entity. Any attempt to transfer or assign this Permit shall cause this Permit to be null and void. 16. LIMITATION ON LIABILITY (a) Permittee. Neither Owner nor Manager shall be liable to the Permittee for any consequential damages that are in any way related to any performance or event presented or to be presented by Permittee. The non - liability of Owner and Manager includes, without limitation, any consequential damage proximately caused by any act or omission by Owner or Manager or their respective officers, employees or agents, any defect in the Property or any failure to maintain the Property. Permittee shall, as Permittee's sole right and remedy, be entitled to a refund of any Property Fee paid for the day or days that the performance(s) or event was presented or was scheduled for presentation. (b) Third Parties. Neither Owner nor Manager shall be liable to the Permittee for any damages arising from the activity of third parties including, without s limitation, any loss, damage, injury, or other casualty to the Permittee's officers, agents, employees or property. (c) Permittee's Property. Neither Owner nor Manager shall be liable for the loss, theft or damage to Permittee's property unless proximately caused by the negligent or willful act or omission of the agents, officers or employees of Manager or Owner. 17. INDEMNIFICATION. Permittee shall defend, indemnify, and hold harmless Owner and Manager, and their respective employees, officers and agents from and against all claims or damages that are in any way related to Permittee's activities pursuant to this Permit or from Permittee's Default. Permittee's obligations pursuant to this Section do not apply to claims or damages that are proximately caused by the willful misconduct, fraud or violation of law of /by any officer, agent or employee of Manager or Owner. 18. ENTIRE AGREEMENT This Permit constitutes the entire understanding between the parties. This Permit may not be altered or modified except in writing approved the Community Services Director and Permittee. No contractual or special relationship has been created between the Owner and the Permittee as a result of any prior discussions, negotiations, or communications between the parties. Permittee agrees that Permittee does not have any rights or claims related to (i) prior discussions, communications, and /or negotiations; or (ii) any change of position or contract by Permittee in reliance on an any statement or communication by Owner. 10 /fa 19. REPRESENTATIVES OF THE PARTIES. (a) Notices /Owner. The Community Services Director is authorized by Owner to receive notices or give approvals required by this Permit. (b) Notices and Approvals: The person(s) authorized to receive notices and act on behalf of Permittee is (are) identified in the application for Permit.. (c) Representative on Premises. Permittee shall have an authorized representative on the Property at all times that the Property is being used by the Permittee in connection with rehearsals or performances. OWNER: PERMITTEE: By: By: Title: Title: Date: Date: House Rules The following rules apply to all use of the Newport Theatre Arts Center (Theatre) by any Third Party using the Theatre. 1. THEATRE USE The right to use the Theatre includes only the main theater consisting of the 90 seat auditorium and stage, "green room", entry lobby and public restrooms, box office area, two downstairs dressing rooms and bathroom, all access ways, parking area and exterior grounds. In no event shall Permittee use any office equipment or telephones owned by the Friends of the Newport Theatre Arts Center (Manager), the kitchen/office maintained by the (Manager), backstage workroom, or costume, prop and set storage moms. Use of these areas is non - exclusive and Manager's agents may also occupy the designated areas provided they do not interfere with Permittee's use of the Theatre or the production. Only technical personnel approved by the Manager are allowed to enter the tech booth. 2. MANAGERS PROPERTY/EQUIPMENT Permittee shall not use Manager's tools, costumes, props, or sets. Permittee may use the telephone provided by the City. 3. SUPERVISION Access to, and use of, the Theatre shall be pursuant to the supervision of a Stage Manager or House Manager designated by the Manager. 4. MARQUEE Permittee is to provide the layout for inclusion of text in the marquee and Manager approved personnel will install the lettering or supervise the installation by Permittee. Only layouts that utilize existing Theatre lettering will be allowed. The marquee will be available to Permittee only during the Use Period. 4. CLEANING The carpeted areas and seats in the Theatre must be completely covered by Permittee during any set construction, painting or other work on the stage or in the auditorium area to protect those facilities against dust and damage. At the conclusion of the Use Period, Permittee shall return all facilities and equipment to the condition immediately prior to use by Permittee. EXHIBIT C /� SOUND MONITORS The sound monitors are permanently located and Permittee shall not move or relocate the monitors. 6. FOOD BEVERAGES Food or drink is permitted only in the lobby. No food or drink may be taken into the auditorium. Permittee shall consult with Manager, and receive Manager's approval, prior to any sale or distribution of food or beverages on or from the Theatre. BOX OFFICE PERSONNEL Permittee shall provide box office personnel as well as tickets and/or reservation services. Permittee shall also provide any security or admission personnel. Manager may be able to supply box office personnel if Permittee makes a timely request and pays required fees. DECORATIONS Permittee shall not use confetti, glitter, spray paint, liquid paint, burning objects or helium balloons on the property. Permittee shall obtain Manager's approval of a decorating plan prior to installing any decorations. 9. DRESSING ROOMS The dressing rooms are reserved for the use of the actors and stage personnel. In no event shall the dressing rooms be used for entertainment of guests or the storage of equipment. Smoking and alcohol are prohibited in dressing rooms. 10. RIGHTS AND ROYALTIES Permittee shall provide evidence that they have applied for the rights to stage, at the Theatre, the production described in the application for permit and that all required royalties and rentals have been paid. In no event shall Permittee be allowed access to the Theatre without providing proof of rights and royalties. Permittee shall not film or reproduce any production unless and until Permittee provides evidence that publisher or owner of the performance rights has given express permission to do so. Ir FEESCHEDULE Effective May 1, 2001 through July 31, 2002. 1. Lighting Designer to hang, focus and program lights - $300.00 - $500. -or- Lighting Technician who will program existing hanging lights only and operate lights for shows - $25.00 per hour with 3 hr. minimum. 2. Sound Designer to place sound equipment in locations, adjust microphones and program equipment, etc. $250 -400 3. Additional technicians to operate lights and/or sound equipment during performance - - each $20.00 per hour w/ 3 hr. minimum. 4. Stage Manager who will monitor backstage activities and assist with matters involving use of stage and curtain only $20.00 per hour with 3 hr. minimum 6. House Manager who will monitor front of house, direct ushers and assist with matters involving front of house only $18.00 per hour with 3 hr. minimum 7. Ushers - $15 per usher per show, from 30 minutes before performance thru intermission 8. Lamp and lighting equipment use, including dimmer packs, computers, light board, hanging fixtures, lamps and gels - $30 per hour or part of hour, including programming time, as well as running time for show. Rate to be $36 per hour if both lighting and sound equipment are used. 9. Permittee reimburse the City or Manager for all charges or costs associated with services requested by Permittee. No charge for use of small piano other than tuning charge if user wants piano tuned. Small piano moving and replacement to original location to be done by Permittee. 10. Property Fee is $300.00 per day. EXHIBIT D a -a i Newocrt u' 1 1 ,4 May 13, 2001 Mayor Garold B. Adams City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mayor Adams: We are pleased to report that the launching of Newport Beach Theater Company (NBTC) was a success, allowing us to begin planning for our 2001 -2 season. In that regard, we have had an opportunity to review the proposed City Council Policy regarding the Newport Theater Arts Center, and specifically its provision for three "reserved periods" each year. Although the Council has not yet adopted the policy, we look forward to its acceptance and are therefore requesting to use the Newport Theater Arts Center during the reserved period dates of August 14a' — 27'x' and December 1 e — 31& 2001 and April 234 — May 6' 2002 as previously arranged. The proposed policy calls for organizations to complete an application to be filed with the Community Services Department; however, we have been informed that the new application is unavailable. Therefore, please accept this letter in lieu of that document. The Newport Beach Theater Company believes it meets the criteria for permitted use of the theater based on the following. (1) NBTC will use the theater solely for the production of live theatrical performances utilizing children and youth actors. (2) The overwhelming majority of NBTC's Board of Directors and acting talent are Newport Beach residents. (3) NBTC's Board of Directors and Officers have extensive skills and experience in managing live theatrical performances such as Annie, Wizard of Oz, Pirates of Penzance, Annie Warbucks and numerous others. TAI! 14AV1744.1 I1Af, 1FAW1 MAW 7•564AA�PA FXHTBIT E 0Z 1 Mayor Garold B. Adams May 13, 2001 Page 2 We plan to attend the City Council meeting on May 22, 2001 to answer any questions you may have and present the Council with a symbolic theater ticket, during the public comments period, to demonstrate our appreciation for the Council's support of children's theater in Newport. Sincerely, I �[�G✓ Linda Safi-an President cc: Tod Ridgeway, Council Member Steven Bromberg, Council Member Norma Glover, Council Member John Heffernan, Council Member Dennis O Neil, Council Member Gary Proctor, Council. Member Homer Bludau, City Manager Robert Bumham, City Attorney LaDonna Kienitz, Community Services Director TMt (QAQI afi(:b-V9)A C Fwta #QA41 'lnCl.la�ld 1 Dear Mayor Adams: We are pleased to report that the launching of Newport Beach Theater Company (NBTC) was a success, allowing us to begin planning for our 2001 -2 season. In that regard, we have had an opportunity to review the proposed City Council Policy regarding the Newport Theater Arts Center, and specifically its provision for three "reserved periods" each year. Although the Council has not yet adopted the policy, we look forward to its acceptance and are therefore requesting to use the Newport Theater Arts Center during the reserved period dates of August 14a' — 27h and December 18a' — 31' 2001 and April 23`d — May 60' 2002 as previously arranged. The proposed policy calls for organizations to complete an application to be filed with the Community Services Department; however, we have been informed that the new application is unavailable. Therefore, please accept this letter in lieu of that document. The Newport Beach Theater Company believes it meets the criteria for permitted use of the theater based on the following. (1) NBTC will use the theater solely for the production of live theatrical performances utilizing children and youth actors. (2) The overwhelming majority ofNBTC's Board of Directors and acting talent are Newport Beach residents. (3) NBTC's Board of Directors and Officers have extensive skills and experience in managing live theatrical performances such as Annie, Wizard of Oz, Pirates of Penzance, Annie Warbucks and numerous others. Two: 14A41 Z9C41 �lAfi Fax: 14A417�9C41 A9d �r.iu,n �j n/r�. L?11'1 VV UvJu L -�t�. L,c.i��G=d c� ,1e z 5 2-q U Newwrt Beach Theater Company 36 RocklnQham Drive, Newnort Beach CA 92660 0 -n G 'Tl May 13, 2001 0C') o CD rn Mayor Garold B. Adams =� City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mayor Adams: We are pleased to report that the launching of Newport Beach Theater Company (NBTC) was a success, allowing us to begin planning for our 2001 -2 season. In that regard, we have had an opportunity to review the proposed City Council Policy regarding the Newport Theater Arts Center, and specifically its provision for three "reserved periods" each year. Although the Council has not yet adopted the policy, we look forward to its acceptance and are therefore requesting to use the Newport Theater Arts Center during the reserved period dates of August 14a' — 27h and December 18a' — 31' 2001 and April 23`d — May 60' 2002 as previously arranged. The proposed policy calls for organizations to complete an application to be filed with the Community Services Department; however, we have been informed that the new application is unavailable. Therefore, please accept this letter in lieu of that document. The Newport Beach Theater Company believes it meets the criteria for permitted use of the theater based on the following. (1) NBTC will use the theater solely for the production of live theatrical performances utilizing children and youth actors. (2) The overwhelming majority ofNBTC's Board of Directors and acting talent are Newport Beach residents. (3) NBTC's Board of Directors and Officers have extensive skills and experience in managing live theatrical performances such as Annie, Wizard of Oz, Pirates of Penzance, Annie Warbucks and numerous others. Two: 14A41 Z9C41 �lAfi Fax: 14A417�9C41 A9d Mayor Garold B. Adams May 13, 2001 Page 2 We plan to attend the City Council meeting on May 22, 2001 to answer any questions you may have and present the Council with a symbolic theater ticket, during the public comments period, to demonstrate our appreciation for the Council's support of children's theater in Newport. Sincerely, Linda Safi-an President cc: Tod Ridgeway, Council Member Steven Bromberg, Council Member Norma Glover, Council Member John Heffernan, Council Member Dennis O'Neil, Council Member Gary Proctor, Council Member Homer Bludau, City Manager Robert Burnham, City Attorney LaDonna Kienitz, Community Services Director Tn /: (4d417,9c41r1df, Fax: /4d4179c41d(Id Mayor _q% Garold B. Adams Mayor Pro Tem Tod W. Ridgeway Council Members Steven Bromberg Norma J. Glover John Heffernan Dennis D. O'Neil Gary L. Proctor CITY OF NEWPORT BEACH OFFICE OF THE MAYOR (949)644-3004 August 21, 2001 «Name» «StreetAddress» «CityStateZip» «ExtraLine» Dear «Salutation»: Several months ago you contacted the City Council regarding the Newport Theatre Arts Center. The entire Council appreciated the extensive amount of communication we received regarding the Theatre. On behalf of the Council, please allow me to sincerely apologize for the amount of time it has taken us to respond to you formally. As you may know, in May of this year the City was able to reach an agreement with the Friends of the Newport Theatre Arts Center ("Friends") that accommodates both the Friends' needs and the needs of other community theater groups. This compromise included: Providing for a 20 -year term for the Friends' use of the Theatre; The designation of three 2 -week long "reserved" periods where the Friends would allow other drama groups (as selected by the City's Community Services Director) to use the Theatre; and Directing the City to repair and maintain the Theatre structure (according to budgeted resources) and to pay for utility costs. I believe that the negotiated compromise allows the Theatre to be enjoyed by all who treasure it as a community resource. Thank you again for communicating with the City and thanks, too, for your patience in waiting for a response. Sincerely, GAROLD B. ADAMS Mayor of Newport Beach cc: Members of the Newport Beach City Council Homer Bludau, City Manager City Hall • 3300 Newport Boulevard 9 Newport Beach, California 92663-3884 Ms. Yvonne Brown Mrs. Helen McArtor 2309 Westminster Avenue 8788-D205 Coral Springs Court Costa Mesa, CA 92627 Huntington Beach, CA 92646 Mr. & Mrs. Nate Cyns Ms. Brenda Kay Justice 19 Lucero East 37 Choate Irvine, CA 92670 Irvine, CA 92620 Mr. & Mrs. Cy Brownstein Ms. Elie Miller 422-H Avenida Castilla 1621 Ruth Lane Laguna Woods, CA 92653 Newport Beach, CA 92660 Mr. & Mrs. Richard Cramer Mr. Eliot Brody 24921 Muirlands Blvd, Spc 127 5276 Pina El Toro, CA 92630 Laguna Woods, CA 92653 Ms. Blanche L. Parker Ms. Charlotte M. Paskil 367 Lourdes Lane 2386 Via Mariposa W Unit IA Costa Mesa, CA 92627 Laguna Hills, CA 92653-2021 Mr. Bill Hedlund Ms. Marilla C. Hamor 3 Sunridge 32802 Valle Road, #149 Irvine, CA 92604-2834 San Juan Capistrano, CA 92675 Mr. & Mrs. Forest Fisher Mr. & Mrs. Fred Rubinstein 1417 Antigua Way 23481 Villena Newport Beach, CA 92660 Mission Viejo, CA 92691 Ms. Dianne Johnson Mr. & Mrs. Ron Richmond 4362 Skylark 1307 Seacrest Dr. Irvine, CA 92604-2729 Corona del Mar, CA 92625 Mr. & Mrs. David Weinberg Mr. & Mrs. Paul Hawker 33 Costa Del Sol 2324 Laurel Place Dana Point, CA 92629 Newport Beach, CA 92663 Mr. & Mrs. Irving Zelon Mr. & Mrs. Harold Guggenheimer 28112 Via Nervo 3094 A Via Serena Mission Viejo, CA 92692-1730 Laguna Woods, CA 92653 Ms. Evelyn Shulem Mr. Frank Bierman & Ms. Gilda Trotman 3111-0 Via Serena Dr 28511 Barbosa Laguna Woods, CA 92653 Mission Viejo, CA 92692 Ms. Julie M. Rogoff Ms. Carroll Hochschild 346 Avenida Sevilla, Unit B 2915 Pebble Drive Laguna Hills, CA 92653-3805 Corona del Mar, CA 92625 Ms. Elaine Cook Ms. Janet L. 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