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94-25 v 8/z4'?1 RESOLUTION NO. 94-25 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA CREATING THE ATLANTIC BEACH COMMUNITY THEATER; DESIGNATING A PORTION OF THE ADELE GRAGE COMMUNITY CENTER AS THE COMMUNITY THEATER; CREATING A CONTRACTUAL PROCESS FOR REGULATING THE USE OF THE THEATER FACILITIES; DESIGNATING THE AUTHORITY, RESPONSIBILITY, AND LIABILITY OF EACH PARTY INVOLVED IN THE OPERATION AND USE OF THE THEATER; PROVIDING FOR EFFECTIVE DATE. WHEREAS , the City Commission of the City of Atlantic Beach recognizes an interest among the citizens of Atlantic Beach in theatrical productions , and the City Commission desires to take action to facilitate and perpetuate such theatrical productions , and WHEREAS , the City Commission of the City of Atlantic Beach created by resolution on July 8 , 1991 , the Adele Grage Community Center in the former City Hall building, and WHEREAS, a portion of the Adele Grage Community Center has been used for the presentation of theatrical productions since October 5 , 1992 , and WHEREAS , since October of 1992 , attendance at theater and performing arts events has accounted for the largest portion of the monthly attendance of the Adele Grage Community Center, and WHEREAS, it is the desire of the City Commission of the City of Atlantic Beach to dedicate a portion of the Adele Grage Community Center as the Atlantic Beach Community Theater, to be used specifically for the presentation of theatrical productions, and WHEREAS, it is the intent of the City Commission that said Atlantic Beach Community Theater become financially self sustaining through various income sources such as ticket sales and fund raising events , and as such, not draw upon the general revenues of the City Government, and WHEREAS, it is desirable to delineate the authority, responsibility and liability of each party involved in the production and presentation of theatrical performances in the Atlantic Beach Community Theater, and WHEREAS, it is further desirable to establish admission fees, contractual arrangements, occupancy limitations and scheduling criteria in advance and in an unambiguous manner, NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION 1 . The southeastern one half of the Adele Grage Community Center shall be designated as the Atlantic Beach Community Theater. Interior modifications to the building may be made to facilitate the presentation of theatrical productions therein, subject to approval by the City Commission. The plans for the initial renovations shall be reviewed by the Arts and Entertainment Committee and their recommendation shall be forwarded to the City Commission for appropriate action. Funding for the initial renovation shall be provided by the Atlantic Beach Experimental Theater production group. All proposed renovations to the building shall maintain the character and appearance of the original building. All renovations and improvements to the building or grounds shall become and remain the exclusive property of the City of Atlantic Beach. SECTION 2 . The City of Atlantic Beach may, through contractual arrangement, permit the production and presentation of theatrical entertainment in the Atlantic Beach Community Theater. Such contractual arrangement shall specify the time period covered by the contract, the number of events to be scheduled, improvements proposed to be made to the building, and monetary reimbursement to the production company or companies. The City shall set the cost of, and collect and retain all proceeds of, ticket sales. Funds collected shall be placed in a designated account. The City may designate a portion of the funds collected to defray the costs of cleaning , maintenance and improvements to the Adele Grage Community Center. Reimbursement of production companies shall be from this account. SECTION 3 . Annually, or at such other interval as deemed appropriate by the City Commission, the City may solicit bids from production companies to produce theatrical events at the Community Theater. Companies desiring to bid may be either for-profit or not-for-profit corporations. Companies desiring to bid may be required to pre-qualify in a manner established by the City Commission. The production company shall be responsible for the selection of plays or theatrical events, recruiting actors, musicians, etc. , construction of props, and advertising of events. Any and all advertisement shall bear the words "Atlantic Beach Community Theater" prominently upon its face. Section 4 . The City Commission desires to encourage artistic expression in the selection and production of theatrical events, however, the City Commission retains the right to exercise its authority to maintain and preserve the public health, peace and welfare , and to prevent and abate nuisances , as provided by its Charter, if the need arises . SECTION 5 . Supervision, maintenance and overall operation of the Community Center building shall be the responsibility of the City of Atlantic Beach Parks and Recreation Department. The Parks and Recreation Staff shall coordinate the scheduling of all events . The Staff shall also coordinate with production companies to ensure that all building and fire safety standards are maintained throughout theatrical productions and during other times of use, and that all City Commission policies and regulations are complied with. SECTION 6. This resolution supersedes all previous resolutions and policies adopted by the City Commission in regard to the use of the Adele Grage Community Center and the Atlantic Beach Experimental Theater group. SECTION 7 . This Resolution shall become effective immediately upon final passage . PD BY THE CITY COMMISSION ON: 8-02a1-14 Lyman T. Fletcher, Mayor ATTEST: Maureen King, City Clerk Approved as to Form and Correctness: Alan C. Jensen, Esquire City Attorney i DRAFT CPY THEATRICAL ENTERTAINMENT AGREEMENT ATLANTIC BEACH COMMUNITY THEATER ADELE GRAGE COMMUNITY CENTER AGREEMENT made and entered into on this day of , by and between the City of Atlantic Beach (hereinafter "City" ) , and (hereinafter "Production Company" ) , for the nonexclusive use of the Atlantic Beach Community Theater, Adele Grage Community Center for the production and presentation of theatrical entertainment to the public. THE PARTIES AGREE AS FOLLOWS: 1 . This contract shall expire at midnight on the day of . This contract may be renewed upon the mutual consent of both parties at any time prior to expiration. 2 . The City agrees to pay to the Production Company a fee in the amount of $ , for the production, advertising and presentation of not less than theatrical events during the contract period. In addition to the preceding fee the City shall pay to the Production Company % of the revenue derived from the sales of tickets to the theatrical events. 2 . The City agrees to permit reasonable access to and use of the Atlantic Beach Community Theater, located in the Adele Grage Community Center, to the Production Company during the life of this contract. 3. The City agrees to provide for and sell all tickets to events covered by this contract and to collect all revenues from such sales. Such revenues shall be placed into a designated account which shall be used to pay the Production Company and to maintain and upgrade the Community Theater building and its grounds. The sale price of tickets to all events covered by this contract shall be set by resolution of the City Commission of Atlantic Beach. Complimentary tickets may be issued by the City at times and in quantities as determined by the City Commission. 4 . The City shall set aside $500 in the above designated account as an emergency fund to be used at the discretion of the City Commission should there be a shortfall during the contract period. 5 . The City shall maintain the Community Theater facilities in good condition. No modifications to the building structure or the grounds shall be permitted without the specific authorization of the City Commission. Any authorized modifications shall become and remain the exclusive property of the City. • C1IY F 6 . The City shall provide and maintain adequate insurance coverage for the Community Theater building and grounds . The City may require that the Production Company provide additional insurance coverage for its members/employees. 7 . The Production Company agrees to produce and present not less than separate theatrical events during the life of this contract. Each such event shall run for not less than four weeks with no less than three shows per week. 8 . The Production Company shall select the theatrical events, pay required royalties, recruit or hire actors, musicians and other staff, and prepare and disseminate advertising of the selected events. All advertising shall prominently display the words "Atlantic Beach Community Theater" or "Adele Grage Community Center" or both upon its face . 9 . The Production Company shall be responsible for the purchase or manufacture of all props for selected theatrical events . 10 . The Production Company agrees to hold the City harmless from any and all claims , damages , legal actions and the like, including court costs and attorney fees incurred by the City, resulting from the production, advertising and presentation of theatrical events and associated functions such as rehearsals and public relations efforts. 11 . The Production Company agrees to comply with all applicable laws of local , state and federal governments and with any special conditions attached hereto. 12 . The Production Company agrees to allow no discrimination based on race, sex, age, religion, disability or national origins, in the conduct of any event covered under this contract. This agreement sets forth the entire agreement and understanding between the City and the Production Company. There are no other agreements, expressed or implied, except as set forth herein. IN WITNESS WHEREOF, the parties have hereto set there hands on this date . City of Atlantic Beach: ATTEST: Lyman T. Fletcher, Mayor Maureen King, City of Atlantic Beach City Clerk L'is FT C 41 Production Company: (Name ) (Production Company)