R97-052RESOLUTION 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 15, 1997 THROUGH MAY 17, 1997; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission, upon recommendation of staff, has entered
into an Agreement with 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 15 through May 17, 1997; and
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 15 1997 through May 17, 1997,, which Agreement is attached hereto as
Exhibit "A".
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this / day of April, 1997.
CITY OF BOYNTON BEACH, FLORIDA
Mayor~~
Vice.M~yor ~
Cit~Clerk
Commissioner
DUNCAN THEATRE
PALM BEACH COMMUNITY COLLEGE
FACILITY CONTRACT
This agreement is made this_,. :,)~y~ 1st day of ~ April, 19 97
between the District Board of Trustees of Palm Beach Community College for the use
of the Duncan Theatre, Palm Beach Community College, Lake Worth, Florida, Lessor,
hereinafter referred to as the Trustees and:
City of Boynton Beach,.a Muniqipal Corporation whose address is 100 East
J~oynton Beach Boulevard. Boynton Beach. FL. 33435
hereinafter referred to as the LESSEI~. (Lessee certifies [hat 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:
Children's Dance Recital
THEATRE SPACE
Mainstag~ + Ail
Pertinent dressing rooms/
green room/backstage
RENT DATES TIMES
375 - ½ day May 15, 1997 ½ day pm
375 - ½ day May 16, 1997 ½ day pm
1200 - day
May 17, 1997 4:00 p.m.
For space, dates, and times, specified above, the total rent is:
$.1.~950.00 (p~us item ~ as listed in this agreement)
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 Managing Director.
Due to individual differences in performance needs, .additiona! charges for custodian
overtime for cleaning, box office services, additional stage personnel, and any other
rental related Charges will be paid by the Lessee, Estimated total expense for this
event $406.50.
3. ADVANCE PAYMENTS: The Lessee agrees to pay the College with the return
of this signed agreement, no later thar~ ten (10) working days from date of contract
issue, a rental deposit of 50% of the total rental fee, or $ 975 - due ~J-~-~J~ 4/4./97
The Lessee agrees to make such a deposit by ~.~Jf;~d checl( made pay'~ble to Palm
Beach Community College; no personal check will be accepted.
*1 - City of Boynton Beach
4. INSURANCE: The Lessee agrees to pay the College with the return of this
signed agreement, no later than ten (10) working days from date of contract issue, an
insurance rate of $225.00 per performance, or
$ Included in rent 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: Complete rental fee charges, per Rental Rates and
Information Addendum (see attached), including house management, all stage crew,
overtime maintenance or any other additional payments, will be due when billed unless
otherwise arranged between both parties at the discretion of the .Managing Director.
Stage crew $8/h~., lights, sound, on deck - one person each 9 ho~rs rehearsals,
4 hours performance = estima~te ~312 Th. eatreRep, re.s.e, ntatiy, es = .estimate
6. CANCELLATION BY LESSEE: The Lessee shah nave ~ne rigl3t to cance~ ~n~s
Agreement byg±v±ngLessor 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 pa[id 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 judgement 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;
D. labor disputes, striEes, 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 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 theV.enue for said litigation
shall be in Palm Beach County.
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,
religion, 'sexual orientation an~ ancest ry.
12. USAGE POLICY: LESSEE AGREES TO OBSERVE AND ABIDE BY THE USAGE
POLIC;~2~HICH INCLUDES THE RULES AND J~EGULATIONS 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 - 12
*3 with exceptions noted herein
For Lessee: For Theatre:
(Organization)
~ity of Bovnton Beach
Debbie Majors,
Lessee Representative
District Board of Trustees
Palm Beach Community College
4200 Congress Avenue
By:
President, Palm Beach Community College
Date:
Address' P. o. Box 310
~oynton Beach, FL '33425-0310'
Tel:_ 561-375-624Q.,
IN WITNESS WHEREOF, the parties heretO
executed on the day and year written above,
have
caused this agreement to be
CITY OF BOYNTON BEACH
Maybr //
VVi't ne'ss / '
Witness ~3 -
APPROVED AS TO FORM
· /. : / :,' .
City Attorne~
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared Gerald Taylorl 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 ~ Th day of '/~q ,'-; ~ 1997.
-,~
NOTARY PUBLIC
~.o.. ~,. :~ EVE EUSANKS
My
Commission
Expires:
~,~. :~:. MY COMMfSS~0N # 0C276705 EXPIRES
-,;,~,?,~ ~.~?~,,o ~IONDf:O THRU TROy FAIN INSU~NC~, I~
PALM BEACH COMMUNITY COLLEGE - DUNCAN THEATRE
USAGE POLICY
THIS USAGE POLICY IS PART OF THE LEASE AGREEMENT FOR THE DUNCAN
THEATRE 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'S
MANAGING DIRECTOR.
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.
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SEATING:
A. CAPACITY: Persons will not be permitted inside the Duncan Theatre in
excess of the established seating capacity of 720. 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 carried 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.
B. HANDICAPPED: Specially designated wheelchair seats are placed in the
main audience chamber of the mainstage theatre. Pursuant to Florida Statute 6A2
these seats are for handicapped persons and may not be ticketed to non-handicapped
persons.
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, sexual orientation or ancestry.
N/A 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
Theatre's Managing Director such tax exemption certificates as shall pertain. Such
certificates will be required with the return of signed contract.
N/A 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 $1,000,000 (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.
~O~kx "See attachment from Florida Municipal League Trust"
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 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. Lessee reserves the
right to have parent volunteers assist dancers, to and from backstage 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 iLessee. 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 lin 'the same condition as existed on the date
Lessee took possession, ordinary wea,r 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.
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 C.ol[ege, and, specifical[y from the Theatre's Managin_a Director. T.essee reserves
the right to video tape the entire rehearsal and performance.
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 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 secureand Lessee shall a necessar
..... as_~e~'z~anere.~n, on .~a~e ~. o2 tI~ agree~en.t. P Y Y
s[aTT~ng~ ~ne Co~ege retains the right to aetermine the appropriate number of
personnel necessary to properly serve and protect the public. These costs 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, 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 make 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 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.
-8-
9. SOUND/LIGHTING CONSOLES: The installation and operation of sound and/or
lighting control consoles in the audience chamber of the Duncan Theatre is strictly
forbidden.
HOUSE/PERFORMANCE
1. LESSEE REPRESENTATIVE: At the time of execution of the Lease Agreement,
Lessee will furnish to the Theatre's Managing Director 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: The Theatre will furnish for each performance,
..... w%~n qos.~ l~emlze(Lan~
at the expense of Lessee, a House Manager ano /icKet Captain, it tickets are useo,
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. House Manger $ 13 /hr., est. 4.5 hrs;
Ticker Captain $ 8 /hr., est. 4.5 hrs. Estimated Total = $94.50
3. USHERS: The Theatre reserves the righ~ tO en.qage and supervise, throu_~h it's
· w~t co§t i ' · ' 1 ~herein
House Manager, the aery,cea of all ushers (nui~er, app~(~, ~Paa, n~lS~l,~it~d.) '
Usher $ -O-/hr. # needed 8 , est. 4 hrs.
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 (1 5)
minutes in length. Specific arrangements to the contrary may be discussed in advance
with the Theatre's Managing Director.
included
herein,
5. SECURITY: Any security a. rra0ger0ents de, er~ec[ a~lvjs.able by the Theatre will
WI '.n cs e ze a (/ lnCl e(/ e '
be made by the Theatre ann ~wC'~e b~:~o tPne ~essee ~iTa rc~,~B~d-}.~able expense as
necessary. Lessee will be notified in advance of intent to do so.
*Security Guard $-0-/hr., est. N/A hrs. *No security required by Lessor for this event._
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.
-9-
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 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.
11. SMOKING/WASTE: Smoking will be allowed in designated areas only, NEVER
IN THE MAIN AUDIENCE CHAMBER or LECTURE HALL or PUBLIC ACCESS AREAS.
Smoking onstage 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 or sold on the premises
without the express written consent of the Theatre's Managing Director.
-10-
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 Managing Director of the Theatre 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 and exhibited to the Managing Director
prior to the signing of this Agreement. 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 the DUNCAN THEATRE at PALM BEACH
COMMUNITY COLLEGE, LAKE WORTH, FLORIDA.
4. EVENT ADVERTISING: Lessee may not use the Theatre Box Office phone
number unless the Lessee has made proper arrangements with the Theatre's
management and has entered into an agreement with the Theatre's staff to sell tickets
on behalf of the Lessee. 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 Theatre's Managing Director, 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.
-11-
N/A
7. COMPLIMENTARY TICKETS: The Lessee shall make available a total of ten (10)
complimentary tickets to the Duncan Theatre 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
AND PALM BEACH COMMUNITY COLLEGE, AND SUCH REGULATIONS SHALL BE
BINDING UPON THE LESSEE.
-12-
' ~da League of Qties, Inc.
20,1 West Park Avenue
.~st Office Box 1757
llahassee, FL 32302-1757
lephone (904) 222-9684
-~,~ncotn 278-5331
FAX (9O4) 222-38O6
[~] Reply to
Florida League of Cities, Inc.
Public Risk Services
135 East Colonial Drive
Post Office Box 530065
Orlando, FL 32853-0065
Telephone (407) 425-9142
Suncom 344-6767
[~] Reply to
February 27, 1997
MAR - 5 1997
Ms. Jewe~acques Farmer
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
Re:
Children's Dance Recital to be held May15, 1997 through May 17, 1997.
The Florida Municipal Insurance Trust is not able to name Palm Beach Community College as an
additional insured dUe to the State Statute 768.28 affecting sovereign immunity. This self-insurance
program is predicated on sovereign immunity. Entities that do not qualify under this statute are not eligible
to be an additional insured.
I appreciate your understanding and if you should have any additional questions, please feel free to
contact me.
Sincerely,
Byron Beard
Underwriting Manager
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