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R00-033 RESOLUTION NO. R00-~.~ A RESOLUTION OFTHE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A RENTAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE DISTRICT BOARD OF TRUSTEES OF PALM BEACH COMMUNITY COLLEGE FOR THE USE OF THE DUNCAN THEATRE/STAGE WEST FOR THE SPRING 2000 RECITAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, enrollment in dance classes has grown from 50 students in 1995, to 209 students in 1999, and it is anticipated that approximately 700 parents and guests will be attending the 2000 recital; and WHEREAS, the City does not have a facility large enough to accommodate all Of our children's classes and produce a professional show for the audience; NOW, THEREFORE, BE I'T RESOLVED BY THE Cl'TY COMM]~SSI'ON OF THE CI'TYOF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, hereby authorizes and directs the Mayor and City Clerk to execute an Agreement between the City of Boynton Beach and the District Board of Trustees of Palm Beach Community College for the use of the Duncan Theatre/Stage West, for the 2000 children's dance recital, a copy of said Agreement being attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this J/ day of March, 2000. CITY OF.BOYNTQN BEACh, FLORIDA Vice Mayor Commissioner Commissioner PALM BEACH COMMUNITY COLLEGE Duncan Theatre 4200 Congress Avenue, MS 15, Lake Worth, Florida 33461-4796 561-439-8244 ph 561-439-8287 fax Please return signed contracts together with the following items and/or information to: 4Dawn Gibson-Brehon Duncan Theatre Manager Palm Beach Community College 0 Congress Avenue, MS#15 e Worih, FL 33461-4796 Lessee Representative, Name and Telephone number. Certification of non-profit status and tax exemption number. Signed contract for event including all technical information agreed to through said contract. Certificate of insurance listing PBCC as additional insured. ¥// Box Office Questionnaire & Event/Ticket Information Sheet Certified check in the amount of $. 2512.50 This includes the following: due 3110/00 (Two months prior) 1. One half of the total rental costs of $3225.00 or $1762.50 2. Audience Liability insurance of $ 750.00 Certified check in the amount of $ 2012.50 prior). This includes the following: dueon 4/10100 (One month 1. Balance of total Rental Costs of $ 3225.00 or $ 1762.50 2. House Management Costs of $100.00 3. Stage Crew Costs of $ 100.00 4. Campus Security of $50.00 Additional charges, per items #2 & #3, will be billed post event. ReVved: 7/9e ~LMYDOCb~P~'OOCS~RE~TAL~GO0~9OOCONT PALM BEACH COMMUNITY COLLEGE Duncan Theatre 4200 Congress Avenue, MS 15, Lake Worth, Florida 33461,4796 $61-439-#244 FACILITIES CONTRACT This agreement is made this 1 day of February , 20 00 between the District Board of Trustees of Palm Beach Community College for the use of the Duncan Theatre/Stage West, Palm Beach Community College, Lake Worth, Florida, Lessor, hereinafter referred to as the Trustees and: City of Boynton Beach hereinafter referred to as the LESSEE. (Lessee certifies that the above is its true legal title). It is mutually agreed between the two parties as follows: 1. FACILITY USE: The Trustees agree to the use of the Duncan Theatre facilities, specified below, by the Lessee for the purposes of: Dance Recital THEATRE SPACE RENT DATES TIMES' Duncan Theatre $975 Wed. May 10, 2000 Rhrsi 4- 8 p.m. Stage West $100 Wed. May 10, 2000 Rhrsl 4- 8 p.m. Duncan Theatre $975 Thurs. May 11, 2000 Rhrsl 4- 8 p.m. Stage West $100 Thurs. May 11, 2000 Rhrsi 4 - 8 p.m. Duncan Theatre $975 Sat. May 13, 2000 Perf. 2 - 6 p.m. Stage West $100 Sat. May 13, 2000 Perf. 2 - 6 p.m. For space, dates, and times, specified above, including minimal house management, stage crew costs, security and reimbursement of audience liability insurance the total rent is: $, 4525.00 . 2. SERVICES PROVIDED: Under this contract the Duncan Theatre will provide as part of the basic rental charge: Heating/cooling, in compliance with federal energy guidelines; permanent electric light fixtures; water; house lighting and house sound systems; available dressing rooms; and normal coordination services of the Technical Director, and Duncan Theatre Manager. Additional charges for House Manager, Ticket Captain, Ushers, Stage Crew and Security will be added to the rental costs of the facility and paid one month prior to event. Due to individual differences in performance needs, custodian overtime for cleaning, additional stage personnel, and any other rental related charges will be paid by the Lessee. ADVANCE PAYMENTS: The Lessee agrees to pay the College with the return ] of this signed agreement, no later than two months before the date of the event, a rental deposit of half the total rental fee, or $ 2512.50 The Lessee agrees to make such a deposit by certified check made payable to Palm Beach COmmunity College; NO PERSONAL CHECK WiLL BE ACCEPTED. The remainder of the rental costs, House Manager, Ticket Captain, Ushers, Stage Crew and Security costs will be issued to Palm Beach Community College one month prior to event. 4. INSURANCE: The Lessee agrees to pay the College with the return of this signed agreement, no later than two months before the date of the event, an insurance rate of $250.00 per performance, or $ 750.00 for general liability insurance for audience participants. The Lessee agrees to make such a deposit by certified check make payable to Palm Beach Community College; NO PERSONAL CHECK WILL BE ACCEPTED. 5. FINAL PAYMENTS: The remaining charges, Information Addendum (see attached), including expenses over the minimum house management, stage crew and security costs, or any Other cost which occurred before, during, and after the event will be billed to Lessee. 6. CANCELLATION BY LESSEE: The Lessee shall have the right to cancel this Agreement by giving Lessor at least sixty (60) days prior written notice. Lessee and Lessor agree that it would be difficult to calculate the damages sustained in the event of such cancellation and accordingly agree that fifty percent (50%) of the contract rent shall be liquidated damages to be paid to or retained by the Lessor in the event of any cancellation. For any cancellation less than sixty (60) days from the scheduled performance, liquidated damages shall be one hundred percent (100%) of the contract rental. 7. CANCELLATION BY COLLEGE: Should the College desire to cancel or be unable to perform this agreement, and if notification is given in writing to the Lessee at least sixty (60) days prior to the date of scheduled use, the College shall return any rent payments and the Lessee and the College shall be relieved of any further obligation under this agreement. 8. LIMITATION OF LIABILITY: Neither the Trustees nor Palm Beach Community College shall be liable for any uncontrollable event which prevents their performance of the obligations created hereby; including but not limited to: A. an act of God, landslide, lightning, earthquake, fire, explosion, flood, hurricanes, acts of a public enemy, war, blockade, insurrection, riot or civil disturbance, sabotage or similar occurrence; the order and/or judgment of any federal, state or local court, administrative agency or governmental body with jurisdiction; the suspension, termination, interruption, denial or failure of or delay in renewal or issuance of any permit, license, consent, authorization or approval essential to the operation or maintenance of the Duncan Theatre/Stage West; D. labor disputes, strikes, work slowdowns, or work stoppages; any substantial equipment or system failure which is not caused by the negligence of the College; and any similar event beyond the control of the Duncan Theatre/Stage West or the College. 9. REASONS FOR TERMINATION OF LEASE: The College may terminate this Lease if Lessee fails to perform any of its obligations herein set forth or appears to the College to be: Financially insecure, in violation of the law, in violation of general rules and policies of the College as set forth by its Board of Trustees and the regulations of the State Board of Education of Florida, or about to default under the terms of the Lease or the Usage Policy. Upon termination of the Lease Agreement for whatever reason, Lessee agrees to promptly remove, at Lessee's expense, all its property from the College premises within twenty-four (24) hours and to forfeit all advance payment made to the College. 10. ATTORNEY'S FEES AND COSTS RE LITIGATION: Lessee and Lessor agree that the prevailing party in any litigation, including appeals, arising out of this Lease or the Usage Policy attached hereto shall recover reasonable attorney's fees and costs in addition to such damages as may be awarded. 11. NON-DISCRIMINATION: 'Lessee agrees that it shall not discriminate against any person because of race, color, sex, national origin, veteran, marital or handicap status. 12. USAGE POLICY: LESSEE AGREES TO'OBSERVE AND ABIDE BY THE USAGE POLICY, WHICH INCLUDES THE RULES AND REGULATIONS GOVERNING THE USE OF THE DUNCAN THEATRE. A COPY OF SAID USAGE POLICY PLUS RELATED ATTACHMENTS IS APPENDED HERETO AND IS PART HEREOF. LESSEE ACKNOWLEDGES RECEIPT AND REVIEW OF THE USAGE POLICY. For Lessee: (Lessee) NAME (Address) PHONE By: Date: For Theatre: District Board of Trustees Palm Beach Community College 4200 Congress Avenue, #15 Lake Worth, FL 33461 (561) 439-8244 phone (561) 439-8287 fax ~f~lOlaria~l: Va~jo, Prov(:~i~ ,, . By: ~~Y'~'-~ Date: , ~' 7~Z~/~Dean D ate: ~ .'~//~ I~,.--Richal:d -I¥o~~ociate Dean, Div. ~f I:l~lmanifies BY:~7~k*~~'''''''Oate: 7 ~7 Ms. ba~ Gib~on-Breh~n, DUncan Theatre Manager 4 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year written above. CITY BOYNTON BEAC ~iayor - .x\\\\~llilfllllllll, ~,9' ~,,o ........... .' o~,% . % ATTEST: APPROVED AS TO FORM City Attorney Ci~ Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer dully authorized by law to administer oaths and take acknowledgements, personally appeared~4o9 td~,o~,v-~ and acknowledge he/she executed the foregoing Agreement for the use and purposes mentioned in it, and thht the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in State and County aforesaid on this o?V ~ day of 'W'vt.~. ~)99:.o2zvw . NOTARY PUBLIC My Commission Expires: ,~Tg~ Barbara M. Madden Commission ~ P,~ 780487 Expires July 19, 2002 BONDED THRU at~rnc sOUDmO CO...~C. PALM BEACH COMMUNITY COLLEGE - DUNCAN THEATRE/STAGE WEST USAGE POLICY THIS FACILITY USAGE POLICY IS PART OF THE LEASE AGREEMENT FOR THE DUNCAN THEATRE/STAGE WEST OF PALM BEACH COMMUNITY COLLEGE (hereinafter referred to as Theatre) AND THE RULES HEREIN MUST BE ADHERED TO ABSOLUTELY BY LESSEES OF THE THEATRE. SHOULD THE LESSEE BE FOUND IN VIOLATION OF ANY PROVISIONS OF THIS USAGE POLICY, THE THEATRE WILL IMMEDIATELY CONSIDER THE LEASE AGREEMENT NULL AND VOID AND LESSEE WILL FORFEIT ALL ADVANCE PAYMENTS MADE TO THE COLLEGE AND BE LIABLE FOR ALL RENTAL FEES AND OTHER EXPENSES INCLUDING LEGAL FEES AND OR COURT COSTS INCURRED, WHETHER OR NOT THE PERFORMANCE ACTUALLY OCCURS. THE AFOREMENTIONED LEASE AGREEMENT AND THIS USAGE POLICY ARE THE ONLY AGREEMENT BETWEEN THE PARTIES RELATIVE TO THE THEATRE AND NO ORAL STATEMENTS OR PRIOR WRITTEN MATTER SHALL HAVE ANY FORCE OR EFFECT. THE DUNCAN THEATRE FACILITIES ARE MANAGED BY PALM BEACH COMMUNITY COLLEGE UNDER THE DIRECTION OF ITS DISTRICT BOARD OF TRUSTEES WHICH AS ITS OFFICES AT 4200 CONGRESS AVENUE, LAKE WORTH, FLORIDA 33461 AND OBLIGATIONS RENDERED TO THE THEATRE IN THIS AGREEMENT MUST BE RENDERED TO PBCC. IT SHALL BE THE RESPONSIBILITY OF THE LESSEE TO COMPLETELY INFORM THE PROPER AGENTS OR EMPLOYEES OF LESSEE CONCERNING THESE RULES AND REGULATIONS. FOR CLARIFICATION OF INDIVIDUAL RULES, CALL THE THEATRE MANAGER. BASIC PROVISIONS 1. LESSEE ACCEPTS AS IS: Neither the College nor College's agents have made representations or promises with respect to the said building or leased premises except as herein expressly set forth. The first possession of the leased premises by Lessee shall be conclusive evidence that Lessee accepts same "as is" and that said premises and the building of which the same form a part and all equipment within said building were in good and satisfactory condition. 2. SUBLET/USE: Lessee may not sublet any rented space(s), or in any way assign the rented space(s) to any other person or organization. Lessee may not utilize the rented space(s) for any purpose other than that which is specified in the Agreement. 3. SEATING: A. CAPACITY: Persons will not b® permitted inside the: Duncan Theatre in excess of the established seating capacity of 720, or Stage West in excess'of the established seating of 123. No additional chairs may be placed in the main audience chamber, hallways, or other portion of the theatre that is open to the public. No standing room may be utilized, nor is anyone permitted to sit on the any steps in the house. The campus safety officer, Duncan Theatre Manager, Technical Director and/or other Duncan Theatre personnel may be present to see that these rules are carried out. These said individuals have the undisputed authority to hold up the start of any performance, or if need be, to stop it at any time if any infractions of these rules are apparent. B. HANDICAPPED: Specially designated wheelchair seats are placed in the main audience chamber of the main stage theatre. Pursuant to Florida Statute 6A2 these seats are for handicapped persons and may not be ticketed to non-handicapPed persons. Wheelchair seating/spaces: El, E2, E39, E40, L1, L2, L36, L37. 4. COMPLIANCE WITH LAWS AND LICENSING: A. COMPLIANCE WITH LAWS: No activities in violation of Federal, State, or Local laws, ordinances, rules or regulations, or in the opinion of the Board of Health shall be permitted on the premises, and it shall be the responsibility of the Theatre Lessee, while under the terms and period of the Agreement, to enforce this provision. B. LICENSES/PERMITS/COPYRIGHTS: The Lessee shall obtain and pay the fee for all licenses and permits necessary to conduct operations specified by the Agreement. The Lessee will assume all costs arising from the use of patented, trade- marked, franchised or copyrighted music, materials, devises, processes or dramatic rights used on or incorporated in the event. Lessee agrees to indemnify, defend and hold harmless the District Board of Trustees of Palm Beach Community College from any claims or costs including legal fees which might arise from the questioning of use of any such material described above. The College may require evidence of such licenses being in effect, such as ASCAP, BMI, and SESAC, etc. C. FIRE/SAFETY CODES: All sets, costumes, props, flashpots, laser lighting equipment, and any other materials used by the Lessee must conform to all applicable fire and safety codes. The provisions of the fire prevention code that prohibit smoking, flammable decorations, open flames and explosive or inflammable fluids, gases and compounds must be observed. The College may require written evidence that all such codes have been observed and that operators have the required licenses. D. NON-DISCRIMINATION: Lessee agrees that it shall not discriminate against any person because of race, color, religion, sex, national origin, veteran, marital or handicap status. E. NON-RESIDENT ALIENS: Should the artist(s) to be presented by the Lessee be a non-resident alien individual, partnership or corporation, the Lessee expressly agrees to perform all obligations and to assume all liabilities as the withholding agent pursuant to the requirements of the Internal Revenue Code and the Federal regulations promulgated thereunder. 5. LESSEE MUST PROVIDE TO MANAGEMENT: A. TAX EXEMPTION: Non-profit, tax-exempt organizations shall submit to the Duncan Theatre Manager such tax exemption certificates as shall pertain. Such certificates will be required with the return of signed contract. B. SIGNED CONTRACT FOR ACT: Lessee agrees to furnish Theatre, at the time of Lease Agreement signing, a copy of the signed contract between Lessee and the Act to be presented. Portions of this signed contract concerning financial arrangements may be excised. 6. INSURANCE: A. GENERAL LIABILITY: Lessee shall carry comprehensive liability insurance in the amount of one million dollars to cover its employees, performers, guest artists, stage-hands, etc. while working in the theatre building. Evidence of said insurance shall be furnished to the Theatre, in writing, a minimum of sixty (60) days' prior to the first scheduled use of the facility. The insurance COmpany providing such insurance shall be licensed to do business in the state of Florida. Palm Beach Community College shall be named as an additional insured. B. INDEMNITY: The Lessee agrees to conduct its activities upon the premises so as not to endanger any person thereon; and to indemnify, defend and hold harmless the Trustees and Palm Beach Community College from any and all demands, claims, suits, actions or liabilities resulting from injuries or death to any persons, or property damage, or loss by the Duncan Theatre, Stage West or Palm Beach Community College, the Lessee, or any persons, howsoever caused, during the period of use covered by the Agreement, or occurring as a result of the permissions granted herein. C. The Theatre will not be responsible for any damage or loss to Lessee's property, or that of the Lessee's agents, employees, etc., no matter what the cause of such damage or loss. 7. CANCELLATION: In case of cancellation by the Lessee, it shall be the responsibility of the Lessee to make reasonable public announcements, at Lessee's expense, concerning the cancellation, as soon as possible following the cancellation by all means commercially available. 8. PUBLIC SAFETY: The Lessee shall neither encumber nor obstruct the sidewalk in front of the theatre, the entrance to the theatre, audience corridors, stairs, the main audience chambers, related theatre premises nor allow the same to be obstructed or encumbered in any manner. Lessee further agrees not to bring onto the premises any material, substances, equipment, or object which is likely to endanger the life of, or cause bodily injury to, any person on the premises, or which is likely to constitute a hazard to property thereon. The College shall have the right to refuse to allow any such material, substances, equipment or object to. be brought onto the premises and the further right to require its immediate removal therefrom if found thereon. Stage areas in use pose unique dangers to anyone not familiar with the technical aspects of the production. For this reason, patrons or other non-stage personnel are not allowed on stage or in the wings at any time. 9. EVACUATION POLICY: Should it become necessary in the judgment of the College staff to evacuate the premises because of a bomb threat or for other reasons or public safety, the Lessee will retain possession of the premises for sufficient time to complete presentation of its activity without additional rental charge providing such time does not interfere with another Lessee. If at the discretion of the Duncan Theatre Manager, it is not possible to complete presentation of the activity, rental shall be forfeited, prorated or adjusted at the discretion of the Theatre Manager based on _the situation, and the Lessee hereby waives any claim for damages or compensation from the College. 10. DAMAGE/CLEANUP RESPONSIBILITY: Lessee shall be responsible for any and all damages to the Theatre premises caused by acts of Lessee or Lessee's agents, employees, patrons, guests and artists whether accidental or otherwise. Lessee agrees to leave the Theatre premises in the same condition as existed on the date Lessee took possession, ordinary wear and tear excepted. Any additional charges incurred because of an unusual amount of post-event cleanup will be borne by the Lessee. At the option of the College, failure to comPly with damage/cleanup responsibility may result in the cancellation of any and all future rentals to Lessee. Stage West is used throughout the year as a teaching facility. As a result, all scenery, properties, costumes, equipment and debris must be removed from the premise each evening and the facility returned as it was found. TECHNICAL 1. STAGE MANAGER: Lessee agrees to furnish a qualified Stage Manager to run the show backstage or to accept the employment of such a Stage Manager from the College. 2. RECORDINGS: Lessee agrees that no recording, either visual or audio, of any kind will be made of the event covered by the Agreement without prior approval from the College, and specifically from the Duncan Theatre Manager. This includes the taking of flash photography. 3. TECHNICAL INFORMATION: Technical information from the Lessee to the Technical Director must be communicated first-hand. Technical requirements must be communicated at least thirty (30) days prior to the scheduled event. 4. TECHNICAL EQUIPMENT PROVIDED BY LESSEE: Any equipment brought in by the Lessee for use in the Duncan Theatre/Stage West must be inspected by the Technical Director for compliance with fire and safety codes and regulations, and the Technical Director will have the final authority to approve or deny use of such equipment. 5. STAFFING: Technical Director shall secure and Lessee shall pay for minimal staffing requirements. The College retains the right to determine the appropriate number of personnel necessary to properly serve and protect the public. Any costs over the minimum staffing requirements shall be considered reimbursable to the College and shall be covered by all such references, included in the agreement. Such performance personnel will normally involve persons employed by the Duncan Theatre/Stage West, however, the Technical Director retains the full right to call in outside professional technicians to help meet staging requirements. No volunteer personnel will be used in the backstage area. 6, DELIVERY OF GOODS: Sets, costumes and other materials belonging to the Lessee delivered prior to contracted time will not be accepted by the Theatre staff. The Theatre makes no guarantee that space will be available to receive materials arriving early. 7. PAYMENT FOR DELIVERY OF GOODS: The College will not accept any goods shipped to the Theatre for the Lessee, or for any person claiming to be acting for the Lessee if any sum is to be paid the carrier upon its delivery thereof. 8. REMOVAL: Lessee shall remove or cause to be removed all scenery, equipment and other property brought into the Theatre immediately following the final performance. No storage arrangements are available. Duncan Theatre/Stage West will not be responsible for any scenery, equipment, or other property left after the final performance and will dispose of such materials immediately at Lessee's expense. 9. SOUND/LIGHTING CONSOLES: The installation and operation of sound and/or lighting control consoles in the audience chamber of the Duncan Theatre/Stage West is strictly forbidden. HOUSE/PERFORMANCE 1. LESSEE REPRESENTATIVE: At the time of execution of the Lease Agreement, Lessee will furnish to the Duncan Theatre Manager the name, address, and phone numbers of the Lessee's representative. This representative will then be the sole person authorized to make decisions to negotiate with staff of the Theatre. This representative who must be present at each performance will then be the sole person authorized to resolve problems and conflicts, or to negotiate any alterations in performance procedure with the staff of the Theatre. This representative will be fully authorized to act for and execute documents on behalf of the Lessee. 2. THEATRE REPRESENTATIVE: Palm Beach Community College may elect to have one of its full-time staff or elect to use a House Manager as its representative. The Theatre Representative will be present in the front-of-house area before, during and/or after the Lessee's event. If the House Manager is selected to represent PBCC, the Theatre will fUrnish for each performance, at the expense of Lessee, a House Manager and Ticket Captain, if tickets are used, to supervise the overall theatre operation from the front of the house. The authority of the House Manager is absolute with regard to times of opening the lobbies,, opening the House, start of the program, length of intermission, safety of staff and audiences, and protection of the facility. 3. USHERS: The Theatre reserves the right to engage and supervise, through it's House Manager, the services of all ushers (number, appearance, training, etc.) 4. TIME: House will open to audience one-half hour prior to scheduled performance time. The program will begin at the time printed on the tickets. If the program is two hours or longer, there shall be an intermission at least fifteen (15) minutes in length. Specific arrangements to the contrary may be discussed in advance with the Duncan Theatre Manager. 5. SECURITY: Any security arrangements deemed advisable by the Theatre will be made by the Theatre and will be billed to the Lessee as a reimbursable expense as necessary. Lessee will be notified in advance of intent to do so. 6. PUBLIC AREAS: Lessee agrees to abide by the discretion of the House Manager and/or Duncan Theatre Manager concerning activities, dress, etc., of those persons acting in behalf of Lessee in public areas. 7. CONCURRENT USE: The College reserves the right to rent other parts of the Theatre at the same time as the rental of said premises to the Lessee provided that such renting to others shall not unreasonably interfere with the use of said premises by the Lessee. The Lessee understands and acknowledges that the Lessee has no rights whatsoever to enter or use the areas in the said building comprising the administrative offices of the Theatre, the President's private box, the mechanical rooms or any other areas except such as are designated in the Agreement or otherwise specified in writing by the Theatre. 8. STAFF RIGHT TO ENTRY: Lessee will afford Theatre staff/personnel or its representative the right to enter any part of the Theatre at any time. 9. FUTURE ATTRACTIONS: The Theatre reserves the right to distribute to the audience announcements and literature concerning future attractions of College activities and/or other cultural events to be held' in the ~ Theatre whether such attractions are under the auspices of the Lessee or not. 10. OPEN REHEARSALS: Any rehearsal at which more than twenty-five (25) non- production Personnel are in attendance will be considered a performance and will require the services of the House Manager at the prevailing rate. Audience liability insurance will also be billed to the Lessee accordingly. 11. SMOKING/WASTE: Smoking will be allowed OUTSIDE only, NEVER IN THE MAIN AUDIENCE CHAMBER or STAGE WEST or PUBLIC ACCESS AREAS. Smoking on stage is permitted only when specified as required in the script and must be approved in advance by the Technical Director. 12. FOOD/BEVERAGES FOR CAST/CREW: The Lessee agrees that where food and beverages are required on premises for cast and/or crew, the only areas where such food and beverage may be served is in the backstage Greenroom or in the backstage shop. Waste must be disposed of properly and promptly or the privilege will be revoked. 13. ANIMALS: Lessee will not bring or keep or allow to be kept in the Theatre, any animals. Animals used in performance may be brought into the Theatre only during actual rehearsal or performance. While not on stage, animals must be kept in the backstage scene shop or preferably out of doors. 14. ALCOHOL: Alcoholic beverages may not be consumed, purchased or sold on the premises and/or on the campus at any time. 15. BACKSTAGE POLICY: No guests will be allowed backstage before the end of a performance. All guests who visit backstage after a performance will enter from the Greenroom at the rear of the house right corridor where an usher will guide them. Absolutely no guest will be allowed to pass through stage areas from the main audience chamber. The Technical Director may determine the maximum number of guests to be allowed backstage, and has the authority to clear the areas at any given time. PUBLICITY/PROMOTION 1. CONFIRMATION OF DATES: Dates and times requested are not considered confirmed until the Duncan Theatre Manager first approves the event and the Lessee returns a signed agreement accompanied by a deposit as required. 2. ADVERTISING: Lessee shall not advertise any performance or the appearance of any performer prior to the signing of this contract, or until contracts between all parties involved have been properly executed. At its discretion, the Theatre may list the Lessee's event in its own press releases and newsletters. 3. CORRECT NAME OF BUILDING: Whenever the Theatre is mentioned in publicity releases, etc., it will be referred to as PALM BEACH COMMUNITY COLLEGE, DUNCAN THEATRE, LAKE WORTH, FLORIDA or PALM BEACH COMMUNITY COLLEGE, DUNCAN THEATRE/STAGE WEST, LAKE WORTH, FLORIDA. 4. EVENT ADVERTISING: The Lessee will have access to the Box Office on the day of performance only, two hours before curtain. The Theatre's management reserves the right to review and approve all advertising and announcement copy that relates to the use of the Theatre's Box Office telephone number. 5. DISPLAYS: Lessee will display no posters, photographs, models, etc., without written permission from the Duncan Theatre Manager, and then only in such areas as are specified and such materials are approved in advance by the Theatre. Further, the Lessee is prohibited from driving any tack, nail, screw, or other fastening device into the ceilings, walls, or floors of the Theatre so as to mar, deface, or injure Theatre property. 6. OBJECTIONABLE MATERIAL: Should the event contain any material that may be viewed by any segment of the community as being morally objectionable, the College reserves the right at its sole discretion to require of the Lessee the inclusion in all advertising of a phrase acceptable to the College that alerts the potential ticket buyer to the maturity of the theme or actions. 7. COMPLIMENTARY TICKETS: The Lessee shall make available a total of ten (10) complimentary tickets to the Duncan Theatre/Stage West for each performance given to the public. Any tickets not used by the Theatre will be returned to the Lessee for sale to the public within a reasonable amount of time. ADDITIONAL REGULATIONS PALM BEACH COMMUNITY COLLEGE AND ITS BOARD OF TRUSTEES RESERVE THE RIGHT TO IMPOSE ANY ADDITIONAL RULES OR REGULATIONS, OR TO SET SPECIAL USE ARRANGEMENTS WHETHER OR NOT EXPRESSLY PROVIDED HEREIN, WHICH MAY BE NECESSARY FOR THE BEST INTEREST OF THE DUNCAN THEATRE, STAGE WEST AND PALM BEACH COMMUNITY COLLEGE, AND SUCH REGULATIONS SHALL BE BINDING UPON THE LESSEE. C. · - ~ .... ENTALtae~aCO~ 8 PALM BEACH COMMUNITY COLLEGE DUNCAN THEATRE Box Office Questionnaire & EventrFicket Information Please fill this out completely and return with the signed contract, ffyou nced to use the Box Office, you must make arrangements with the Duncan Theatre Manager at least thirty (30) days in advance. THE DUNCAN THEATRE BOX OFHC£ WILL BE AVAILABLE TWO (2) HOURS BEFORE CURTAIN, DAY OF PERFORMANCE ONLY. PerformancedEvent Title Performance/Event Dates & Times May 13, 2000 {2-6pm) Approximate Length of Performanced 4 Hours Event Producing Orgardzation City of Boynton Description of Performance/Event Dance Recital Tickets on Sale Beghming Ticket Sale Location Your Box Office or Contact Phone Number(s) Your Box Office Hours Date of 1'~ Newspaper Advertisement N/A City of Boynton Beach, Dance Recital Beach-Department of Leisure Services April 10~ 2000 The City of Boynton Beach-Civic Center Shelley J~nnsen (561~ 742-6240 8am-5pm~ Monday-Friday Ticket Prices N/A-at this time NOTE: If you need to get tickets printed, you can contact: Ticket Craft, 1390 Jerusalem Avenue, Merrick, NY, 11566, $16-538-6200 or 800-645-4944/phone and $16-$38-4860/fax. Ticket Craft has the Duncan Theatre seating chart on file. WE CANNOT SUPPLY YOU WITH PRE- PRINTED TICKETS FOR YOUR EVENT. It is strongly encouraged that all tickets be reserved seating. Wheel chair locations in the Duncan Theatre: El, E2, E39, E40, L1, L2, L36, L37