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Home My WebLink AboutC-2434 - License Agreement for 1984 Arts Festival6 CITY OF NEWPORT BEACH 0 314 Parks, Parks, Beaches and Recreation Department (�f/ February 13, 1984 CITY COUNCIL AGENDA ITEM NO. � > TO: Mayor and City Council BY THE CITY COUNCIL FROM: Parks, Beaches and Recreation Director CITY OF NEWPORT BEACH SUBJECT: Recommendation: FEB 131984 Authorize the Mayor and City Clerk to execute a License Agreement between the City of Newport Beach and Lido Marina Village in connection with the 1984 Arts Festival to be held at Lido Marina Village on May 19 and 20, 1984. Di triv; -inn- The City Arts Commission has been organizing the 20th Annual City Arts Festival scheduled for May 19 and 20, 1984. The Festival features Orange County's best artists and performers. Youngsters, adults and senior citizens actively participate and enjoy the annual Festival. Historically, the Festival has been located in Fashion Island and co- sponsored with the Merchants Association. Due to major construction at Fashion Island an alternate location was pursued and tentative agreements with Lido Marina Village have been arranged. Lido Marina Village will be a new, unique location for the Arts Festival. As in the past, the Lido Marina Village group will assist with the printing and other details of the event. y 1984 NEWPORT BEACH ARTS FESTIVAL May 19 & 20, 1984 LICENSE AGREEMENT THIS LICENSE AGREEMENT, made this 1� day of , 1984, by and between LIDO MARINA VILLAGE, hereinafter referred to as "Licensor," 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 awareness and opportunities 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 business people, management and owners of property within and around the site of the exhibit benefit from the exposure of their property, 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 agree- ment to allow Licensee to conduct the arts festival in Lido Marina Village. NOW, THEREFORE, the parties hereto, in consideration of the mutual promises contained herein, do agree as follows: 5. Licensor hereby grants to Licensee the right to use the common areas of Lido Marina Village, includin the si lks open areas, parking facilities, and similar areas ,; :- for presentation of the 20th Annual Newport Beach arts Festival. Licensor reserves the right to regulate or disallow the use of certain areas if, in its judgment, safety, security, tenant rights, or other considerations appear in jeopardy. (a) Activities permitted pursuant to this agreement 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. Specific guidelines for permitted activities including, but not limited to, registration /entry procedures and sales shall be established and agreed to by both parties no later than March 19, 1984. (b) Licensee shall observe all public laws, ordinances and regulations and shall not maliciously obstruct or interfere with normal business operations of the merchants and business people within the Lido Marina Village complex. (c) Licensee shall, prior to engaging in any activity pursuant to the terms and conditions of this agreement, present Licensor with a Certificate of Insurance whereby Licensor and Licensee shall be insured against loss arising out of negligence of Licensee or any of its employees or agents. The policy limits of insurance shall be One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage. The limit of any such insurance shall not, however, limit the liability of Licensee hereunder. Licensee may provide this insurance under a blanket policy, provided that said insurance shall have a Licensor's protective liability endorsement attached thereto. All such policies shall be written as primary policies not contributing with and not in excess of coverage which Licensor may carry. 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 20, 1984. The Licensee shall be responsible for the payment of all premiums and other charges due with respect to the insurance policy. R 6. Licensors a'Ree to do the following pursuant'Ro the terms and conditions of this Agreement: (a) Provide a piano. (b) Provide a space in a vacant store or space within Lido Marina Village. If no vacant store or enclosed space is available, a tent with side flaps will be provided. (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. (d) Provide a P.A. System, consisting of two speakers and one microphone. (e) Provide posters /signs for the show and supply thirty -five (35) copies to Licensee by April 30, 1984, with professional designs provided to Licensee prior to publication. (f) Provide electrical outlets for crafts, demonstrations, and community organizations. (g). Provide stages for the performing arts participation -- one being the Gazebo and one near the circular planter at the intersection of Via Oporto and the alley. (h) Provide carts and personnel to transport artwork onto and off the exhibit area, provided, however, no employee of Licensor shall carry or set up any artwork. (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. Program layout and non - advertising copy material to be provided to Licensee prior to publication. 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, press releases and placement in both print and broadcast media, with copies of all press releases to be provided to Licensor prior to publication. (b) Provide typed, proofed copy for the official program on or before April 20, 1984. (c) Provide sufficient personnel to (1) ensure that 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, or attached hereto, and (3) provide security at the juried art area May 19 through May 20, 1984. (d) Consult with the Regional Marketing 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 work of art may be removed at the discretion of the Regional Marketing 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 Lido Marina Village management. (e) Provide 200 chairs and 20 tables for arts demonstrators. (f) Secure all necessary city or other governmental agency permits required for presentation of the arts festival and closure of Via Oporto and portions of Central Avenue. -2- (g) Require compliance, by participating artists or performers, with rules and regulations of the festival. Said rules and regulations shall include, but are not limited to, (1) pro- hibiting alcoholic beverages during the festival, (2) requiring participants to sign a disclaimer releasing Licensor and Licensee from any liability or claim of loss, theft, disappear- ance, or damage to any work of art, and (3) requiring participants to abide by festival hours. 8. Licensee shall not solicit from the merchants and business people of Lido Marina Village any contribution, donation, or gratuity as a part of this exhibition. Licensee may exhibit, from such merchants or business people, to the extent that the contribution or donation is not the result of any solicitation. Executed the day and year first written above. v lyn Nart, Mayor City of Newport Beach Attested: Z /�L�� ✓L City Cdr City of Newport Beach Approved as to form: ktyney City of Newport Beach -3- Steve Watts, Regional Marketing Director Traweek Investment Fund Number 12 dba Lido Marina Village by Traweek Western Property Management Co., Inc. Agent for Owners