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HomeMy WebLinkAboutC-2253 - 1981 City Arts Festival• CITY CLERK'S COPY LICENSE AGREEMENT THIS LICENSE AGREEMENT, made this day of CL , 1983, 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 May 13 through May 15, 1983. . Management reserves the right to disallow the use of certain areas if, in its judgment, safety, security, tenants rights, or other considerations appear in jeopardy. 9 0 (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 22, 1983. 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 space in the former Penny's Store or another vacant store. (c) Advertise the event in both print and broadcast media, a copy of the material to be provided to the Arts Commission prior to publication. and one microphone. (d) Provide a PA System consisting of two speakers (e) Provide posters /signs for the show and supply thirty five (35) copies to licensee. -2- 0 0 (f) Provide electrical outlets for crafts, demonstrations, and community organizations. (g) Provide stages for the performing arts participation - one at Center Stage Court and one near Bullocks Wilshire wing. (h) 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. (i) Provide space to be used as costume change area for the performing arts division. (j) Provide a minimum of three thousand (3,000) copies of the official program, said copies to be printed and collated. It is understood that the programs are to be tabloids, on newsprint,and shall be self- supporting through advertisements. 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, publicity releases and placement. (b) Provide typed copy for the official program on or before April 22, 1983. (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 the juried art area May 14 through 15, 1983. (d) Consult with the Sales Promotion Director for Licensor with respect to the display of artwork and allow the Director to screen all entries prior to judging in the visual arts category. It is mutually understood 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 of performer should it be determined that the artwork does not meet the standards of Fashion Island Management. demonstrators. (e) Provide 200 chairs and 20 tables for arts -3- (f) Provide licensor with a copy of all news and press releases prior to publication. S. 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. Executed the day and year first written above Evelyn Hirrt, May Or CITY OF NEWPORT BEACH Betty Tesman, Chairman NEWPORT BEACH ARTS COUNCIL COMMISSION at� �7SGL11u h. Lauren, Director of Promotions FASHION ISLAND MERCHANTS ASSOCIATION -4- CITY OF NEWPORT BEACH March 14, 1983 CITY COUNCIL AGENDA ITEM N0, TO: Mayor and City Council FROM: City Arts Commission SUBJECT: 1,983 Arts _Festival License Agreement--n Recommendation: (35:� Authorize the Mayor and City Clerk to execute a License Agreement between the City of Newport Beach, the Newport Beach City Arts Commission and the Fashion Island Merchants' Association, The Taubman Company and The Irvine Company in connection with the 1983 Arts Festival to be held at Fashion Island on May 14 and 15, 1983. Background: The City Arts Commission will be organizing the 19th Annual City Arts Festival this spring on May 14 and 15. The Festival features some of Orange County's finest artists and performers. Young children, students, adults and senior citizens all actively participate in the Festival. For the past several years the Fashion Island Merchants' Association has co- sponsored the Festival with the City, The Mall is an ideal facility for the Arts Festival offering adequate parking and staging areas. The Merchants' Association also assists with the printing of the program for the event and provides sound systems for the performers. The Festival helps attract many art lovers to the Mall during its two day span. The merchants feel that the Festival is an important part of their community involvement and are looking forward to this spring's event. The Arts Commission is confident that this year's Festival will continue in the fine tradition established in past events. Jeffrey C. Ko in M 0 LICENSE AGREEMENT 0 THIS LICENSE AGREEMENT, made this day of 1983, 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 May 13 through May 15, 1983. . Management reserves the right to disallow the use of certain areas if, in its judgment, safety, security, tenants rights, or other considerations appear in jeopardy. 0 0 (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 22, 1983. The Licensee shall be responsible for the payment of all premiums and other ,Gharges 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 space in the former Penny's Store or another vacant store. (c) Advertise the event in both print and broadcast media, a copy of the material to be provided to the Arts Commission prior to publication. and one microphone. (d) Provide a PA System consisting of two speakers (e) Provide posters /signs for the show and supply thirty five (35) copies to licensee. -2- (f) Provide electrical outlets for crafts, demonstrations, and community organizations. (g) Provide stages for the performing arts participation - one at Center Stage Court and one near Bullocks Wilshire wing. (h) 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. (i) Provide space to be used as costume change area for the performing arts division. (j) Provide a minimum of three thousand (3,000) copies of the official program, said copies to be printed and collated. It is understood that the programs are to be tabloids, on newsprint,and shall be self- supporting through advertisements. 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, publicity releases and placement. r, (b) Provide typed copy for the official program on or before April 22, 1983. (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 the juried art area May 14 through 15, 1983. (d) Consult with the Sales Promotion Director for Licensor with respect to the display of artwork and allow the Director to screen all entries prior to judging in the visual arts category. It is mutually understood 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 of performer should it be determined that the artwork does not meet the standards of Fashion Island Management. demonstrators. (e) Provide 200 chairs and 20 tables for arts -3- (f) Provide licensor with a copy of all news and press releases prior to publication. 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. Executed the day and year first written above. Evelyn Hart, Mayor CITY OF NEWPORT BEACH Betty Tesman, Chairman NEWPORT BEACH ARTS COUNCIL COMMISSION Kathleen Lauren, Director of Promotions FASHION ISLAND MERCHANTS ASSOCIATION -4- z , � 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 3 I 0 0 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 0 0 0 (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 Corrmi ss ion. (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. (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 9 (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 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. B. 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. 0 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 7 Approved as to form: Michael H. Miller Executed the day and year first above written. ckie �4eather ayor` ` CITY OF NEWPORT BEACH Madeline Rose Chairman NEWPORT BEACH ARTS COUNCIL COMMISSION A�� Kathleen La en Director of Promotions FASHION ISLAND MERCHANTS ASSOCIATION 2. 0 0 C- �La53 CITY OF NEWPORT BEACH PARKS, BEACHES AND RECREATION DEPARTMENT February 11, 1982 TO: WANDA ANDERSEN, CITY CLERK o)r]l & FROM: Parks, Beaches and Recreation Director f `� o tc)7 SUBJECT: CITY COUNCIL AGENDA ITEM FROM ARTS COMMISSION P. c:oUiVCIL Uy Cily OF NTWPORT BEACH The Arts Commission has requested that the attached license agreement be placed on the City Council Agenda for February 22, 1982. The draft has been submitted to the City Attorney's office along with a request to prepare a resolution for the February 22, 1982, meeting. The license agreement is essentially the same as in past years with the exception of clauses inserted to cover the sale of artwork which will be permitted for the first time this year. Ronald A. Whitley RAW:JCK:ma 0 TO: MAYOR AND CITY COUNCIL FROM: City Arts Commission 0 February 22, 1982 CITY COUNCIL AGENDA ITEM NO. t) SUBJECT: 1982 CITY ARTS FESTIVAL LICENSE AGREEMENT RECOMMENDATION: Adopt Resolution No. a- Q9 authorizing the Mayor and City Clerk to execute a License Agreement between the City of Newport Beach, the Newport Beach City Arts Commission, the Fashion Island Merchants' Association, the Taubman Company, and the Irvine Company in connection with the 1982 Arts Festival to be held at Fashion Island, April 24 and 25, 1982. BACKGROUND: The City Arts Commission annually holds a City Arts Festival which features a juried art show, performing arts, craft demonstrations, community arts organizations, and childrens' activities. For several years the festival has been held at Fashion Island. The Fashion Island Merchants' Association, the Taubman Company, and the Irvine Company have permitted the use of the Center's parking and plaza areas as well as providing advertising and technical assistance for the festival. This cooperative arrangement has allowed the City Arts Festival to develop into a major special event at a minimal cost to the City. The 18th Annual Festival promises to be one of the best ever featuring artists and art from all areas of the County. For the first time Fashion Island has agreed to allow artists to sell their work during the festival. A $15 rental charge for each 10' x 10' space will be charged to artists who wish to sell their work. This fee will be used by the Fashion Island Merchants' Association to offset the cost of this year's festival and future arts festivals. A 20 percent commission will be charged on all sales by artists during the festival. The 20 percent will be divided between the Fashion Island Merchants' Association and the City of Newport Beach, 10 percent and 10 percent if an empty store is available, 15 percent to the Merchants' Association and 5 percent to the City,if Fashion Island rents a tent (cost $2,700) for the juried art show. Both the Merchants' Association and the Arts Commission will use the funds received from the art sales to help fund this year's festival and future art festivals. A dx Madeline Rose M d Chairman, Arts Commission JCK:ma • • 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 EXHIBIT A 0 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 0 0 (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 Children§' 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. (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. 9 • (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 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. 0 0 0 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. r Approved as to form: 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 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 FASION 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. ADOPTED this day of FEB 22 , 1982. Mayor ATTEST: City Clerk 022282 PR 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 EXHIBIT A 0 0 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, denonstrations, 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 Children§' 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. (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 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. M • • 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 #1131 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 Approved as to form: 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 N 09 April 30, 1981 00 CITY OF NEWPORT BEACH T0: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 2253 Description of Contract OFFICE OF THE CITY CLERK (714) 640 -2251 License Agreement between Fashion Island Merchants' Association, The Taubman Company and The Irvine Corpany/ and City of Newport and The Newport Beach City Arts Commission - 1981 Arts Festival within Newport Beach Effective date of Contract April 30, 1981 held at Fashion Island, —May 16 & 17 Authorized by Resolution No. 9994 , adopted on 3 -9 -81 Contract with Fashion Island Merchants' Association The Taubman Company The Irvine ggTpany Address: Fashion Island Shopping Center Amount of Contract (See contract) _ Wanda E. Andersen City Clerk WEA:bf I City HaII • 3300 Newport Boulevard, Newport Beach, California 92663 LICENSE AGREEMENT THIS LICENSE AGREEMENT, made this day of 1981, 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 purposes of increasing the cultural opportunities for the residents of the City of Newport Beach and surrounding areas; 2. This festival attracts large numbers of per- sons to the site of the exhibit and requires the use of a large area in Newport Beach that has extensive parking fac- ilities; 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 bene- fit 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. M N 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 May 15 through May 17, 1981. Management reserves the right to disallow the use of certain areas, if in its judgment, safety, security, tenant rights or other considerations appear in jeopardy. (a) Licensee is further granted the right to use the empty store space next to Phelps Men's Store and /or other designated area(s) to receive and judge artwork from May 5 through May 7, 1981 as well as the right to store winning art until the show date. Licensee will move winning artwork to tent area in the mall Friday, May 15th to be on display May 16th and 17th to the public. Licensee will remove art from tent area in the mall to the area the art was originally stored in between May 17th through 19th. (b) Activities permitted pursuant to this agree- ment are limited to the exhibition of arts and crafts, dramatic, musical and theatrical performances and similar artistic and cultural endeavors. (c) 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 N L_, (d) Licensee shall, prior to engaging in any activity pursuant to the terms and conditions of this agree- ment, 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 pro- vision 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 May 1, 1981. 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 a tent for the Juried Art Show, and normal security personnel to patrol the area periodically. (c) Donate $150.00 for Press Party. (d) Advertise the event in both print and broad- casting, a copy of the material to be provided to the Arts Commission. 3 N �1 (e) Provide PA System consisting of two speakers and one microphone. (f) Set up 200 chairs for performing arts audience seating. (g) Provide posters /signs for the show. (h) Provide tables, chairs and electrical outlets for crafts, demonstrations and community organizations. (i) Provide a stage for the performing arts par- ticipation. (j) Provide one Hundred Dollars to be used as awards for the poster /art contest. (k) Assist the Arts Council in the coordination of the childrens' art contest, which assistance includes mailings to school principals advising of the contest. (1) Provide electric carts and drivers to transport art work onto and off the mall, pro- 4 N M vided, however, no employee of Licensor shall carry or set up any art work. (m) Decorate the mall with festive balloons. (n) Provide space to be used as costume change area for the performing arts division. (o) 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. (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 before April 15, 1981. (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 May 15th through 17th. 5 N 40 (d) Consult with the Sales Promotion Director for Licensor with respect to the display of art- work and allow the Director to screen all entries in the visaul arts category prior to their display. It is mutually understood 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. 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. 0 00 Executed the day and year first above written. ki JHeather ayo ' CITY OF NEWPORT BEACH r Beryl 44-61inkoff L Chairman NEWPORT BEACH ARTS COUNCIL COMMISSION Jeanne Maxey / Director of Promoti ns FASHION ISLAND MERCHANTS ASSOCIATION �. M r March 9, 1981 By th, �:u u,i IL CITY COUNCIL AGENDA CITY Qr d:< :!Ri?1tT 4ZACH ITEM NO. TO: MAYOR AND CITY COUNCIL MEMBERS FROM: City Arts Commission SUBJECT: 1981 CITY ARTS FESTIVAL LICENSE AGREEMENT RECOMMENDATION: Adopt Resolution No. qq9 (( authorizing the Mayor and City Clerk to execute a License Agreement between the City of Newport Beach, the Newport Beach City Arts Commission and the Fashion Island Merchants' Association, the Taubman Company and the Irvine Company in connection with the 1981 Arts Festival to be held at Fashion Island, May 16 and 17, 1981. BACKGROUND: The City Arts Commission annually holds a City Arts Festival which features a juried art show, performing arts, craft demonstrations, community arts, organizations and childrens activities. For several years the festival has been held at Fashion Island. The Fashion Island Merchants' Association, the Taubman Company and the Irvine Company have permitted the use of the center's parking and plaza areas as well as providing adver- tising and technical assistance for the festival. This cooperative arrangement has allowed into a major special event at a minimal Festival promises to be one of the best from all areas of the County. JCK:ma cc: Beryl Melinkoff Chairman, Arts Commission the City Arts Festival to develop cost to the City. The 17th Annual ever featuring artists and art 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 FASHION ISLAND MERCHANTS' ASSOCIATION, THE TAUBMAN COMPANY AND THE IRVINE COMPANY FOR THE 1981 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 Fashion Island Merchants' Association, the Taubman Company and the Irvine Company for the 1981 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. ADOPTED this 9th day of March, 1981. Mayor ATTEST: City Clerk pr 030381