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HomeMy WebLinkAbout4.j. Dakota City Theater Rental Agreement , ' CITY OF ROSEMOUNT EXECUTIVE SiTNIlVIARY FOR ACTION CITY COUNCIL MEETTNG DATE: February 21, 1995 AGENDA ITEM: Dakota Civic Theater Rental Agreement AGENDA SECTION: Consent PREPARED BY: Jim Topitzhofer, Parks and Recreation and AGENDA NO. Community Center Director. ���� � � � A'TTACHMENTS: Rental Agreement APPROVED BY: �. � Dakota Civic Theater (DCT) has requested a change in their proposed rental agreement. DCT has been conducting performances in the Community Center auditorium since last September. Because of unexpected losses from two failing performances, DCT has been unable to pay the required rental fees. After speaking with representatives from DCT, I am recommending a reduction in rental fee from $24,000 annually to $16,000. I recommend requiring DCT to pay $1,000 per month for the 1994 months of September, October, November, and December. DCT would then be required to pay $2,000 per month thereafter. I am recommending this action because of the possibility of DCT leaving. DCT is providing a great service to our community. As time passes, they will become more established and their revenues will " increase, thus allowing a higher rental fee. It is more profitable to reduce the rental fee now with DCT, than see them leave, be forced to fill the space and reduce our earning potential further. The City Attorney has reviewed this rental agreement. RECOMMENDED ACTION: Motion to approve the rental agreement for Dakota Civic Theater. COUNCIL ACTION: f ROSEMOUNT PARKS AND RECREATION DEPARTMENT ROSEMOUNT COMMUNITY CENTER ' RENTAL AGREEMENT This agreement, made this 15th day of February, 1995, by and between the Rosemount Community Center, hereinafter called the CITY, and Dakota Civic Theater whose cunent address is P.O. Box 453, Rosemount, MN 55068 and whose telephone number is 431-4819, hereinafter called the RENTER. WITNESSETH: The CITY and the RENTER, in consideration of rents, covenants, and agreements herein reserved and contained, do hereby agree with the other as follows: 1. The CITY grants and the RENTER accepts rental of the following described portions of the Rosemount National Guazd Training and Community Center, in the CITY of Rosemount, Dakota County, Minnesota, to wit room Auditorium and one classroom for a term from August 29, 1994 to June 29, 1995, and restricted to the attached pernut schedule, for specific use of reheazsing and conducting perforinances by Dakota Civic Theater. The Dakota Civic Theater will have access to Auditorium back storage on November 21, 1994. At this time, RENTER will share the back stage storage area with Woodcrest Church. Woodcrest's storage needs consist of a storage box with dimensions 10' x 10' x 5'. 2. As rent for the said portions of the Rosemount Community Center, the RENTER agrees to pay to CITY, the sum of$16,000.00, payable in monthly payments of$1,000.00 for the months of September, October, November and December of 1994, and monthly payments of $2,000 for the months of January, February, March, April, May, and June of 1995, to be due and payable by RENTER in advance of the first day of each calendar month. All balances are to be paid on or before June 29, 1995. 3. RENTER will not make any alterations, repairs, additions, or improvements in or to the premises or add, disturb or in any way change any locks, plumbing, wiring or other modifications to the facility without prior written consent of CITY. RENTER agrees to pay CITY for any and all modifications within 30 days of installation of modification. 4. REN1'ER shall agree to pay CITY for damages to the premises caused by activities and/or persons attending, staffed by, or otherwise affiliated with Dakota Civic Theater,to be paid within 30 days of said damage. 5. RENTER shall be responsibte for the authorized acts of it's respective officers, employees, volunteers or agents. RENTER shall maintain in full force and effect a policy of liability insurance in an amount not less than two hundred thousand dollars ($200,00.00) for injury or death to one person, one million dollars ($1,000,000.00) for injury or death to more than one person arising out of a single incident, and one hundred thousand dollars ($100,000.00) for damage to property. RENTER agrees to provide CITY proof of such insurance. 6. RENTER agrees to move all currentproduction props, equipment, lighting, costumes, materials, band instruments, supplies, and any other property owned by RENTER, to the designated storage area at the end of each daily use, unless determined otherwise by CITY. RENTER agrees to move all tables and chairs back to their original position at the end of each daily use. 1 . n � 7. Prior to November 21, 1994, RENTER agrees to store current production props, equipment, lighting, costumes, materials, band instruments, supplies, and any other property owned by RENTER, on the stage area behind the path of the blue curtain. After November 21, 1994, RENTER agrees to store current production props, equipment, lighting, costumes, materials, band instruments, supplies, and any other property owned by RENTER, in the back stage storage area, not to obstruct electrical panels, doorways and to allow storage azea for the Woodcrest church wooden storage container. Storage for past or upcoming productions must all be kept off site. RENTER agrees to maintain off site storage at their own expense. 8. CITY shall pernut RENTER to construct props during the scheduled times as listed on the attached facility permits, using reasonable safety precautions. RENTER agrees to provide locked storage for all tools and equipment, kept in said storage when not in use, and secured at the end of each daily use. 9. RENTER shall provide written descriptions of props, lighting and audio plans for each production prior to the onset of rehearsal for approval by the CITY. 10. CITY shall provide training in audiovisual equipment. CITY shall pernut RENTER to operate Auditorium audio visual equipment with exception to the large computerized podium. RENTER agrees to maintain a clean, safe area in the auditorium storage area. 1 L RENTER also agrees to provide general custodial services. Services include vacuuming all carpeted areas in auditorium, audiovisual room, and classrooms; dust mop the auditorium stage, and the back stage storage area when it becomes available. Trash receptacles must be emptied on a daily basis in the Auditorium and back stage areas. Rest room cleaning is the responsibility of the CITY. 12. RENTER agrees to use a suitable drop cloth or material for such activities which may damage, stain, or present extra cleaning to floor or wall azeas. Duct tape shall not be aff'ixed to the stage floor and cord strips must be used to cover electric cords. 13. RENTER shall not have access Rosemount Community Center copy machine, fax, telephone number or line. CITY shall not accept mail, faxes or phone calls for RENTER. 14. RENTER agrees to handle all ticket sales. RENTER agrees to provide set up of tables and chairs for ticket area on the evening of each production. 15. RENTER is not pernutted to sell food or beverage concessions of any sort in the facility, with the exception of a small refreshment table placed in the main lobby only during opening nights. RENTER must enforce and abide by the rules and regulations of the Rosemount Community Center pertaining to the serving of intoxicating beverages. 16. RENTER agrees not to assign this lease, or any portion thereof, to or for any other purpose, organization, or party other than Dakota Civic Theater, without first obtaining written consent of CITY. 17. CITY agrees that no signs or other advertising materials shall be erected or affixed to any portion to the interior or exterior of the premises without the express prior written consent of CITY. 18. The CITY agrees to furnish and pay for water, gas, and electric service. The CITY shall furnish heat during usual heating season and air conditioning during the usual air conditioning season. 2 + 19. RENTER agrees to and shall abide by, conform to, and comply with all laws of the United States and the State of Minnesota and all of the ordinances of the CITY of Rosemount, and the rules and regulations of the CITY, together with all rules of the Police and Fire Department from the City of Rosemount. 20. The CITY, the CITY of Rosemount, its officers and staff, shall not be responsible for any claim whatsoever regardless of kind, occurring during the tenancy of the RENTER and RENTER shall indemnify CITY, the CITY of Rosemount, its officers and staff, and save them harmless from any and all claims, damages, expenses and liabilities whatsoever arising out of an or during RENTER'S use of the leased premises. Furthermore, the RENTER shall obtain all permits or licenses required by any provision of law, municipal charter or ordinance for the conduct of activity on the leased premises and the CITY shall not be responsible for the RENTER'S faiiure to obtain such permits and licenses or to comply with any other requirements imposed upon RENTER for conduct of activity. 21. RENTER agrees to full responsibility for the character and acts of conduct of all persons admitted to Dakota Civic Theater on the premises, and to have on hand suff'icient policing force to maintain order and protect persons and property. RENTER agrees to enforce and abide to no food or beverage in the Auditorium, to restrict rest room use only to the rest room located by the main lobby elevator, and to all other facility rules and regulations. 22. CITY reserves the right to cancel this agreement at any time in the event that any emergency arises which shall make necessary the use of the Rosemount National Guard Training and Community Center by the Military Forces of the State of Minnesota, and that no claim for any damage that may result to RENTER from such cancellation shall be asserted or maintained against the CITY. In testimony whereof both parties have hereunto set their hands and seals the day and year written below. Signed in the presence of Rosemount Community Center Dakota Civic Theater by: Date: Date: 3