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