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Home My WebLink AboutC-2165 - Agreement for use of Fashion Island for City Arts Festival0 OF NEWPORT BEACH CALIFORNIA City flail :.d. 3300 W. Newport Blvd. Area Gode 714 ate' DATE April 8, 1980 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 2165 Description of Contract .1980 City Arts Festival Authorized by Resolution No. 9750 , adopted on Bch 24, 1980 Effective date of Contract April 4, 1980 Contract with Addres Newport Beach, CA 92660 Amount of Contract see contract City Clerk April 8, 1980 I City: Arts Ccmnission City of Newport Bead CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 Subject: Agreement between the City of Newport Beach, The Irvine CCnPanY, the Tauhman.Cmpany and Fashion Island Merchants Association for the 1980 Citv Arts Festival. Attached is your copy Of the executed ag Festival (C- 2165). reement for the City Arts DORIS GEORGE City Clerk City Hall i'_ �•,;. 3300 Newport Boulevard, Newport Beach, California 92663 April 1, 1980 CITY OF NEWPORT BEACH Lynn Brightman #62 Fashion Island Newport Beach, CA 92660 OFFICE OF THE CITY CLERK (714) 640 -2251 Subject: Agreement between the City of Newport Beach, ahe Irvine Caparnv, the Taubman Campanv and Fashion Island Merchants Association for the 1980 City Arts Festival.. - Attached is the original and a copy of the above subject. Please retain the original for your file and execute and return the copy to the City Clerks,Office, City of Newport Beach. �ORIS GEORGE City Clerk DG:bf encl. 1 City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 Row ! 1980 By the CifY COUNCIL CITY OF I!A9WV_QRT REACH i CITY OF NEWPORT BEACH ARTS COMMISSION March 24 1980 H -2(d) COUNCIL AGENDA N0. TO: MAYOR & CITY COUNCIL FROM: ARTS COMMISSION SUBJECT: AGREEMENT WITH FASHION ISLAND REGARDING 1980 ARTS FESTIVA RECOMMENDATION: To approve the attached agreement for the 1980 Arts Festival. BACKGROUND: In order to produce a successful and smooth - running festival, tFe rK is Commission and Fashion Island have agreed to a written agreement which specifies duties and responsibilities of each party. The Commission has reviewed the agreement in detail with Lynn Brightman of Fashion Island, and both are agreeable to the terms. RN:mb PL ,,� r -- To 0 C!TY CLE tC CIT`( CF fiL\' PORT TEACH 23,00 501JLEVAMD NENiPORT EEACH, CALIF. 92662. LICENSE AGREEMENT THIS LICENSE AGREEMENT, made this 4t-A day of 6t j -)e , 1980, by and between THE IRVINE COMPANY, T- THE TAUBMAN COMPANY and FASHION ISLAND MERCHANTS' ASSOCIA- TION, 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 art exhibit within the City of Newport Beach for the purpose of increasing the cultural opportunities for the residents of the City of Newport Beach and surrounding cities; 2. The art exhibit 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, managers of property within and around the site of the exhibit would benefit from the expo- sure 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 art exhibit in the Fashion Island Shopping Center. NOW, THEREFORE, the parties hereto, in considera- tion of the mutual promises contained herein, do agree as follows: 1. Licensors hereby grant to Licensee the right to use all of the common areas of the Fashion Island shopping center, including, but not limited to, the sidewalks, open areas, parking facilities and similar areas. 2. The rights granted in paragraph 1 shall commence at 12:00 noon on Friday, May 23, 1980, and continue to 5:00 p.m. on Sunday, May 25, 1980. Licensee shall have the right to enter the premises Tuesday, May 20, 1980, for the purpose of preparing the common areas for the exhibit of art, and it is further understood that the exhibition of the art may commence as of 9:00 a.m. Wednesday, May 21, 1980. It is further under- stood that all artwork shall be removed from the premises no later than Tuesday, May 27, 1980, at 8:00 p.m. 3. Activities permitted pursuant to this agreement are limited to the exhibition of arts and crafts, dramatic, musical and theatrical performances, and similar artistic and cultural endeavors. 4. Licensee shall observe all public laws, ordinances and regulations, and shall not maliciously obstruct or interfere with normal business operations of the merchants and businessmen within the Fashion Island shopping center complex. -2- 5. 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 Licensee shall be insured against loss arising out of the negligence of Licensee or any of its employees or agents. The policy limits.of such insurance shall be Five Hundred Thousand Dollars ($500,000) combined single limit for bodily injury, personal injury, and property damage, per occurrence. The policy of insurance shall contain a pro- vision that Licensors 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 May 1, 1980, and 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 public address system including speakers and microphone and stand; B. Make.available, during the exhibition, a person knowledgeable and experienced in the use and operation of the public address system described above; C. Furnish no less than fifteen (15) banners to be used in the decoration of the mall area. Placement of these -3- 3/25/80 banners shall be in a manner acceptable to both parties; D. Make available such vacant commercial space as is then available within the Fashion Island shopping center complex, including, but not limited to, the space formerly occupied by Ellen Carter, said vacant space to be used solely for the display of artwork; E. Advertise the art exhibit in local media, including, but not limited to, the Daily Pilot and the Ensign newspapers, and local radio stations; F. Provide a minimum of five thousand (5,000) copies of the official program, said copies to be printed and collated; G. Provide three hundred (300) chairs and a piano; H. Provide a minimum of 10 posters and signs, containing information about the exhibit and directions to the various activities, so that the signs and posters can be displayed throughout the mall; I. Donate a minimum of $100.00 to be used as awards for the poster and art contests; J. Plant flowers in mall planters prior to Wednesday, May 21, 1980; K. Provide security for artwork displayed at Fashion Island from 10:00 a.m. to 6:00 p.m. on Saturday, May 24, 1980, and from 12:00 noon to 5:00 p.m. on Sunday, May 25, 1980. -4- 7. Licensee agrees to do the following pursuant to the terms and conditions of this agreement: A. Plan and coordinate the program, including the exhibits and performances for the exhibition; B. Provide typed copy for the official program at least fourteen (14) days prior to the 21st day of May, 1980; C. Provide sufficient personnel to insure that artwork on display is properly checked in and out of its display facility and personnel sufficient to insure the safety of the artwork on display outside of the time periods referenced herein; 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. 8. Licensee shall not solicit from the merchants and businessmen of Fashion Island any contribution, donation or gratuity as a part of this exhibition. Licensee may accept contributions or donations in connection with this exhibit, from such merchants or businessmen, to the extent that the contribution or donation is not the result of any solicitation. -5- EXECUTED the day and year first above written at Newport Beach, California. ATTEST: ity Clerk APPROVED AS TO FORM: 9 As istant City Attorney THE IRVINE COMPANY THE TAUBMAN COMPANY FASHION ISLAND MERCHANTS' ASSOCIATION By LICENSOR THE CITY OF NEWPORT BEACH THE NEWPORT BEACH CITY ARTS COMMISSION By 4;"c,/ il) ;C ^rte ( . % Mayor QE LICENSEE RHB /kv 3/21/60 • �i r p r 0 0 (' -: ; 0 RESOLUTION NO. 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 IRVINE COMPANY, THE TAUBMAN COMPANY AND FASHION ISLAND MERCHANTS ASSOCIATION FOR THE 1980 CITY ARTS FESTIVAL 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 Irvine Company, the Taubman Company and Fashion Island Merchants Association for the 1980 City Arts Festival; and WHEREAS, the City Council has reviewed the terms and conditions of said License Agreement and finds them to be satisfactory and that it would be in the best interest of the City to execute said License Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the License Agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ATTEST: City Clerk ADOPTED this 24th day of March , 1980. Mayor kv 3/24/80