R97-198RESOLUTION NO. R97-/~',~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND APPROVING 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 AT PALM BEACH COMMUNITY
COLLEGE, LAKE WORTH, FLORIDA BY THE CITY
FOR A CHILDREN'S DANCE RECITAL TO BE HELD
MAY 16, 1998 THROUGH MAY 17, 1998; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City's dance classes have grown substantially in recent
years, and the City does not have a facility large enough to accommodate our spring
recital; and
WHEREAS, the City contracted with Palm Beach Community College
Duncan Theatre for the Spring 1997 :recital and the facility and staff were excellent;
and
WHEREAS, the Duncan Theatre facility has state of the art sound and
lighting systems, several dressing rooms adjacent to the back stage area, seating
capacity of 720, is handicap accessible, and has ample parking for participants and
guests; and
WHEREAS, by using the Duncan Theatre, the City can accommodate all of
our children's classes and produce a professional show for the audience
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
dOes hereby authorize and approve 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 Facilities by the City for a Children's Dance Recital to be
held May 16, 1997 through May 17, 1998, which Agreement is attached hereto as
Exhibit."A".
Section2. This Resolution shall become effective
passage..
PASSED AND ADOPTED this ~J=' day of December, 1997.
Clerk
immediately upon
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
~'~ommissioner~.
DUNCAN THEATRE
Palm Beach Community College
Please return signed contracts together with the following items and/or information to:
Managing Director
Duncan Theatre
Palm Beach Community College
4200 Congress Avenue
Lake Worth, FL 33416
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.
CITY OF BOYNTON BEACH
~ check in the amount of $. 1275.00 due March 17, 1998 (Two months prior)
This includes the following:
1. Half of the Rental Costs of $. 1025.00
2. Audience Liability insurance of $ 250.00
CITY OF BOYNTON BEACH
~ check in the amount of $. 1225.00 due on April 17, 1998 (One month prior)
This includes the following:
1. Balance of Rental Costs of $1025.00
2. House Management Costs of $. 100.00
3. Stage Crew Costs of $100.00
Additional charges, per item #5, will be billed post event.
Revised: 5/19/97
PALM BEACH COMMUNITY COLLEGE
DUNCAN THEATRE FACILITIES CONTRACT
2 December
This agreement is made this ,3~ day of ~ ,19 97
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, a Municipal Corporation whose address is 100 East Boynton
~>~~~ Beach Boulevard, Bovnton Beach. FI, ~/,35
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 for children
THEATRE SPACE
Duncan Theatre
RENT DATES .TIMES
$975 May 16, 1998 ~
Duncan Theatre $975 May 17, 1998
Stage West $100 May 17, 1998
9am-8pm
t2:30pm-7pm
12:30pm-7pm
For space, dates, and times, specified above, including minimal house
management and crew costs, and reimbursement of audience liability insurance
the total rent is:
$. 2500.00
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 Theatre's Managing Director.
Additional Charges for House Manager, Ticket Captain and Stage Crew 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, box office services,
additional stage personnel, and any other rental related charges will be paid by the
Lessee.
*1
3. 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. ~ 1025.00 . The
Lessee agrees to make such a deposit by ~ check made payable to Palm Beach
Community College; no personal check will be accepted. The remainder of the rental
costs, House Manager and Ticket Captain, and Stage crew 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 $ 250.00 for general liability
insurance for audience participants. The Lessee agrees to make such a deposit by
z:~r~_.'..~:~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 and stage crew
costs, or any other cost which occurred before, during, and after the event will be billed
to Lessee. Estimated expense $495.00
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
Oollege 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;
B. the order and/or judgement of any federal, state or local court,
administrative agency or governmental body with jurisdiction;
C. the suspension, termination, interruption, denial or failure of or
delay in renewal or issuance of any permit, license, consent authorization
~1 - City of Boynton Beach
or approval essential to the operation or maintenance of the Duncan
Theatre/Stage West;
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, and the venue for said litigation shall
be in Palm Beach County.
1 I. NON-DISCRIMINATION: Lessee agrees that it shall not discriminate against any
person because of race, color, sex, national origin, veteran, marital or handicap status,
religion, sexual orientation and ancestry.
12. USAGE POLICY: LESSEE AGREES TO OBSERVE AND ABIDE BY THE USAGE
POLICY,*'~vHICH INCLUDES THE RULES AND REGULATIONS GOVERNING THE USE
OF THE DUNCAN THEATRE.*3A COPY OF SAID USAGE POLICY PLUS RELATED
ATTACHMENTS IS APPENDED HERETO AND IS PART HEREOF. LESSEE
ACKNOWLEDGES RECEIPT AND REVIEW OF THE USAGE POLICY.
~2 - Pages 4 - 10
~3 - with exceptions noted herein
For Lessee: For Theatre:
(Lessee)
(Address)
Tel:(
District Board of Trustees
Palm Beach Community College
4200 Congress Avenue
By:
By:.
Date:
Date:
IN WITNESS WHEREOF, the parties hereto have caused-this agreement to be
executed on the day and year written above.
CITY OF BOYNTON BEACH
APPROVED AS TO FORM
Mayor City Attorney
Witness
Witness
ATTEST:
City Clerk
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer-oaths and take
acknowledgements, personally appeared Gerald Taylor, and acknowledged he/she
executed the foregoing Agreement for the use and purposes mentioned in it, and that
the instrument is his/her act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State
and County aforesaid on this day of 1997.
NOTARY PUBLIC
My Commission Expires:
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
POMCY, THE THEATRE WILL IMMEDIATELY CONSIDER THE ! FASE 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 FAClUTIE"S 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 RESPONSlBlUTY 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,
on the date that this agreement was signed by Lessee
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 be 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 may be present to see that these rules are
carded out. This officer has 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.
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 injudes 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, dudng
the pedod 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 no[ obstruct the sidewalk in front of
the theatre, the entrance to the theatre, audience conddors, stairs, the main audience chambers,
related theatre premises nor allow the same to be obstructed or encumbered in any mannec Lessee
fudher agrees not to bdng 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 dght to refuse to allow
any such material, substances, equipment or object to be brought onto the premises and the fudher
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 anytime. Lessee reserves the right to have parent volunteers assist
dancers, to and from back stage area and will wear identification badges.
9. EVACUATION POLICY: Should it become necessary in the judgement 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 Theatre's Managing Director, it is not possible to complete presentation Of the
activity, rental shall be forfeited, prorated or adjusted at the discretion of the Managing Director
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 debds must be removed from the premise after a week end run and the
facility returned as it was found.
6
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 acl 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
Represenative 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 pdor to scheduled performance time. The
program will begin at the time pdnted 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 Theatre's Managing Director.
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. No secur±t:7 reqtt±red t)y ~.esso]~ for ~:h±s even~:.
6. PUBLIC AREAS: Lessee agrees to abide by the discretion of the House Manager and/or
Managing Director concerning activities, dress, etc., of those persons acting in behalf of Lessee in
public areas.
7. CONCURRENT USE: The College reserves the dght 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 wdting by the Theatre.
8. STAFF RIGHT TO ENTRY: Lessee will afford Theatrm staff/personnel or its representative
the dght to enter any part of the Theatre at any time.
9. FUTURE ATTRACTIONS: The Theatre reserve 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.
11. SMOKING/WASTE: Smoking will be allowed OUTSIDE only, NEVER-IN THE MAIN
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 matedal that may be viewed
by any segment of the community as being morally objectionable, the College reserves the dght 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 matudty of the theme or actions.
N/AT. COMPLIMENTARY TICKETS: The Lessee shall make available a total of ten (10)
complimenta~ tickets to the Duncan Theatre/Stage West for each performance given to the public.
Any tickets not used by the Theatre will be retumed 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. ;
l0
CERTIFICATE OF COVERAGE
Certfflcat& Holder
PAI. M BEACH COMMUNITY COLLEGE
..... 4200 CONGRESS A~'I~NUE
Adminis1~tOr
Issue Date
florida league of ClUes, Iflc.
Put)lie Risk Servic44
P.O. Box
Orlando, florida 32853-0065
10129/97
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