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HomeMy WebLinkAbout09/11/1990 BAKERSFIELD Conni Brunni, Chair Lynn Edwards Mark Salvaggio Staff: Charles Graviss CONVENTION.CENTER AND COMMUNITY SERVICES COMMITTEE Tuesday, September 11, 1990 5:15 p.m. City Manager's Conference Room AGENDA 1. Convention Center Committee Fee Structure for the Convention Center and the Martin Luther King Jr. Center MEMO RAN D UM TO: Charlie Graviss, Community Services ~anager FROM: Jim Ledoux, Recreation Superintenden~ SUBJECT: RENTAL FEE STRUCTURE - MARTIN LUTHER~KING JR. COMMUNITY CENTER Prior to the City's adoption of the M.S.I. (Management Services Institute Study), the rental rates at the Martin Luther King Jr. Community Center were based on recovering operational and maintenance costs only. From the opening of the facility until June of 1982, rates were $ .29 per square foot and increased to $ .40 per square foot on July 1, 1982. This was standard for office rental, meeting rooms or the day care center. The M.S.I. Study changed the method for setting rates for long term leases such as those with the Headstart or Outreach programs but allowed the City to establish rates for short term rentals. Therefore, the Recreation Division has used guidelines from H.U.D. in establishing rates, whereby, "rents of fees charged to user agencies may not exceed the cost of administering and operating the facility." Earlier this year, the City Attorney's office reviewed our lease agreements and revised them to bring them more up to date. Particular attention was paid to insurance language in an attempt to increase the City's protection. Based on past practices, the agencies leasing space on a long term basis have been required to carry $1,000,000 worth of liability insurance. However, with the exception of gymnasium rentals, we have not enforced the insurance requirement for hourly rentals. In recent months, we have been made aware that individuals or organizations may purchase the necessary insurance through the City's Risk Management office, based on the event held and the number of people involved. For example, a wedding reception for up to 500 people would cost $78.00, while a basketball tourna- ment would cost $150.00. These costs would be paid at the Risk Management off~e and would be separate from the rental fee paid at the Recreation office. Attached is a copy of the rental fees currently in effect at the Martin Luther King Jr. Community Center. JL:cr Attachment CITY OF BAKERSFIELD Department of Community Services Martin Luther King Junior Community Center RENTAL RATES VERNON STRONG ROOM CAPACITY $13.00'hr. - 2 hr. minimum $ 8.00 hr. - staff 42 MACK WILLIE GREEN ROOM $13.00 hr. - 2 hr. minimum $ 8.00 hr. - staff 42 MELVIN BROWN ROOM (Weight Room) $26.00 hr. - 3 hr. minimum $75.00 preparation fee 145 $ 8.00 hr. - staff .. HENRY YOUNG ROOM (Arts & Crafts) $13.00 hr. - 2 hr. minimum $25.00 preparation fee 77 $ 8.00 hr. - staff ART WILLIAMS ROOM (Gymnasium) $15.00 hr. -'2 hr. minimum $ 8.00 hr. - staff SUSIE GOODLOE ROOM (Daycare) $26.00 hr. - 2 hr. minimum 41 (when available) ALBERTA DILLARD ROOM (Kitchen) $15.00 hr. - 2 hr. minimum 41 Revised July 1,. i990 BAK~RSFIELD"CO~ION C~ FACILiT"f AND EQUIPMenT CHARGES A. BASIC BUILDING RES~fAL RAT~S i. Concert Hall $600 or 10% of gross 3,041 Capaci~! receipts whichever greater PermanenU Seating per show. 2. Arena (29,450 Sq. Ft.) $500 or 10% of gross 3,000 CapaciT! whichever is T~mporar~t Seat_%ng per show. 3. Concer~ Hall & Arena $I000 or 10% of gross 6,000 Cagacit~ receipts whichever greater Festival Seatinq per show. Note: 'In addition, to the rental deposit a cash deposi~ of $3000, to cover other ~enses included in Items H =h~a O, is required for the usage of t.he Bakersfield ConvenUion Center. B.. ME.~JING RCOMS 1. Venus, Mars & VIP : $150 per day Capaci~/: · · ~ Sq. Ft. : 2. Pluto, Satura i $i~0 per day .~ ~,3. All Others $75 per day C. ~fHIBIT/TRADE SHOWS $1000 ~er day - or 5 cents a square foot, whichever is greater,..plus 10% of gross gate receipts. " ~2. Deposit required: Full rental deposit in advance. D. CONVFNT!ONS I. Free rent and parking 2. $19.00 per hour for sound and light man 3. $19.00 per hour for air conditioninq 4. Time and a half for oVertLme (8 hours) E. OTHER FACILITY. !. Public Dances. For' any 9or~ion of t,ke faci!it~, the daily rental rate is $1,0~0 or 10% of gross ticket sales whichever is greater. ~ ' 2. Donations. Those events u~lizing Dersonnei to receive cash, check or other financial consideration as a donation, will be charged a flat rate building rental of $3 000 Der performance. I ' Page 2 F. CATERING .. 1. Food - 5300 or 15% of gross sales, per day, whichever is greater, effective January 1, 1988. 2. Alcoholic Beverage - Contact Jeff Rosenberg, Sportservice - 322-9903. G. INSURANCE INSURANCE COVERAGE MUST INCLUDE: 1. Public liability insurance with combined bodily injury and property damage limits of 51,000,000 for any one incident.. 2. CONTRACTUAL LIABILITY 3. City of Bakersfield as additionally insured H. BOX OFFICE 1. Ticket Ordering - $225 (approx. cost of tickets) 2. Advance Ticket Sales - 5 40 Per Day 3. Ticket Sellers - $ 8 Per Hour Per Person 4. Doorman - $ 5 Per Hour Per Person - Ticket sales for events not held at Civic will be 5% .of gross ticket sales. - All Box Office revenues remain in the Cust0¢y of the Convention Center until settlement at the conclusion of the event or on the final day of a multiple-day event. - In the event that refunds are necessary, the promoter will be responsible for usage of the Box Office at the established rate for a period equal to the number of advance sales days or six days, whichever is less. - Tickets may be charged by Master Card and Visa, however a service fee at 3% of ticket sales is assessed the promoter. I. FRONT OF HOUSE PERSONNEL USHERS: Concert Hall - $100 Per Event Arena - $100 Per Event Entire Building - $150 Per Event J. STAGEHANDS 1. "In" Call - 4 hr. minimum @ 59.25/hr. each = $37 2. "out" Call - 3 hr. minimum @ $9.25/hr. each = $28 3. "Show" Call - 4 hr. minimum @ 59.25/hr. each = $37 4. Spotlightman - 4 hr. minimum @ 59.25/hr. each = $37 5. A fee of 12.5% of the total payroll will be assessed for Worker's Compensation coverage. K. SECURITY At events requiring security, private security officers must be used. Their rate is $10.00 per hour per officer with a 4-hour minimum. The total number of officers assigned will be decided by the management of the Bakersfield Convention Center. Rock shows usually require 30 officers. Page 3 ~ L. NOVELTY ITEMS _ The sale of any novelty item . ( e.g. records, shirts, programs, etc. ) during an event must first be checked -~ through the building management. 1. 25% of gross sales to be paid to the Convention Center'." 2. 15% of gross sales for religious events. 3. All transactions must be settled with the building personnel the night of the event. 4. The Convention Center will provide sales personnel at no additional chargewith a 10 day advance notification to Jeff Rosenberg at 322-9903. M. PARKING The parking lot. is controlled by ~he Convention Center with a charge of $1.00 per car; however, if free parking is desired arrangement can be made. N. DECORATING CHARGES: Primarily Exhnibit and Trade Shows: (Rates are for duration of event) Bar Unit $ 10.00 Fo lding Chair 5.00 3' x 3' Table 7.00 30" x 5' Table 8.00 30" x 6' Table 10.00 30" X 8' Table 12.00 3' x 8' Table "13.00 18" x 6' Table 7.00 5' Round Table 10.00 7' Bench Table 8.00 3' x 3' Cover 10.00 30" x 5' Cover 15.50 30" x 6' Cover i 17.00 30" x 8' Cover ~ 20.00 3' x 8' Cover 22.50 5 ' Round cover ~ 15.50 7' Bench Table Cover 15.00 Booth: 8' Drape (Lin. Ft.) 1.00 3' Drape (Lin. Ft.) .50 Chair 5.00 Carpet 8' x 10' 20.00 Pit Carpet 100.00 Aisle Carpet (Lin. 'Ft. ) 2.00 Carpet Runner 4' x 8' i 10 00 ] · Easel ~ 8.00 Wastebasket ' 5.00 Ash Urn 8.00 Red Ropes 7.50 Extension Bars ~ 3.00 ~ 15.00 Booth Cleanup O. TECHNICAL EQUIPMENT CHARGES: Per Show Rates: 20' x 30' Movie Screen 100.00 12' x 14' Movie Screen 50.00 70" x 70" Movie Screen 15.00 Page 4 Super Trouper 75.00 Trouper 35.00. Sound Wings 150.00 Extra Stage 150.00 Stage Barricade 100.00 6 x 8 Portagle Stage i 20.00 Structural Steel Seat:Risers 200.00 Scaffolding 75.00 Upright Piano 50.00 Baby Grand Piano 100.00 9' Concert Grand Piano 350.00 Organ 100.00 Projection Stand !0.00 Slide Projector ~ 35.00 Overhead Projector 25.00 16mm Projector 65.00 Audio Feed From House Console 25.00 Audio Console 100.00 Video Projector (Sony-Incl. Setup) 500.00 VCR/Cart/Monitor 50.00 PC Compatible Monitor (Sony) 65.00 Monitor Speaker 25.00 Wireless Mic 35.00 Large U. S. Flag 25.00 Taping - Cassette 30.00 Taping - Reel .- 40.00 Mirror Ball 35.00 Dance Floor '150.00 Basketball Floor* 300.00 Choir Riser (Per Unit) 5.00 Choir Shell (Per Unit) 5.00 Music Stands 1.00 *Except For Basketball Games ~ i ELECTRICAL: Surge Protected Plug Strip 15.00 Extension Cord (Per 10 Ft.) 5.00 Cable TV and/or Video Cable 50.00 (Runs w/house cables) 1000 Watt, 120 VAC (dedicated 30.00 service @ 2X normal fee) 2000 Watt, 120 VAC . 40.00 3000 Watt, 120 VAC 50.00 Fractional Hp Motor, 120 VAC 30.00 1000 Watt or 1 Hp, 120/208 ' 50.00 2000 Watt or 2 Hp,'120/208 75.00 3000 Watt or 3 Hp, 120/208 100.00 208 Distribution To: Loads over 3000 watt/INSIDE 100.00 Loads over 3000 watt/OUTSIDE 200.00 Page 5 MISCELLANEOUS: Origination Fees (Per Day Rates) Concert Hall 600.00 Arena 500.00 Entire Building 1000.00 Outside iClean-up (Per Event) 100.00 Pictures & Flowers (% of gross) 10 Video Hookup 50.00 Overtime Rate (Per Hr.) 250.00 Fork Lift With Operator (Per Hr.) 50.00 Laborer (Per Hr.) 15.00 ICE CHARGES: Make Ice '~ - .... 350.00 Maintain Ice (Per Day) 350.00 AGI~EMENT NO. MARTIN LUTHER KING COMMUNITY CENTER LEASE THIS LEASE, is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, referred to herein as the ("LESSOR") and referred'to herein as the ("LESSEE"). RECITALS WHEREAS, the LESSOR herein has the sole ~control, supervision and ownership of the Martin Luther King Community Center, located at 1000 South Owens Street, BakerSfield, California, constructed by the LESSOR with certain Federal financial assistance under Section 703 of the Housing and Urban Development Act of 1965; and, WHEREAS, as required by law, LESSOR will use the above described multi-purpose neighborhood facility in carrying out a program of health, recreational, social or similar community services and that such facility shall be available to and for residents of the City of Bakersfield and the County of Kern, regardless of race, color, religion, sex or national origin, and that no fees or charges will be made to the individual users of the facility for the services and benefits extended, except in accordance with the regulations of the Secretary of Housing and Urban Development. NOW, THEREFORE, the LESSOR, for and in consideration of the terms, conditions and covenants herein expressed, does lease to LESSEE that portion or space within the California Avenue Park Neighborhood Facility ("FACILITY") described as follows: 1. DESIGNATED PORTION OF FACILITY RENTED. ~ HAVE AND TO HOLD, subject to all applicable City regulations, all applicable agreements affecting the FACILITY and all applicable State and Federal laws and regulations, including improvements and appurtenances located within such designated portion of the FACILITY, unless otherwise stated, for a term of commencing on the day of 19~, and ending on the day of 19 for the total rent of $ in lawful money of the United States of America, payable as follows: The sum of $ payable on the day Of , 19__, for the first and last month of the term of this lease. The sum of $ payable on the day of , 19 , and thereafter on the same day of each month during the term of this lease except for the last month's rental. All of said rent shall be paid at the office of the Finance Director of the City of Bakersfield, 1501 Truxtun Avenue, Bakersfield, California, 93301. 2. INDEMNIFICATION CLAUSE. LESSEE shall use the premises at its own risk and shall hold, LESSOR, its officers, agents and employees free from all liability, claims, actions, losses, demands, damages, costs or expenses (including attorney's fees) which may arise by reason of any injury or death of any person or persons (including LESSEE, its officers, agents or employees) or damage to or destruction of any property of any kind whatever and to whomever belonging (including LESSEE, its officers, agents or employees) from any cause or causes whatever in, upon, or in any way connected with the leased premises, corridors or hallways on the premises not leased to LESSEE, or any roads, sidewalks, or other rights-of-ways adjacent to the premises, regardless of any negligence of LESSOR, its officers, agents, or employees; and, LESSEE shall indemnify, hold harmless, and defend (the latter upon request) LESSOR, its officers, agents, and employees from all liability, claims, actions, losses, demands, costs, or expenses (including attorney's fees) arising out of any such injury or death of any person or persons or damage to or destruction of any kind of property however occurring. LESSOR's right to indemnity hereunder shall arise notwithstanding that joint or concurrent liability may be imposed on LESSOR by statute, ordinance regulations, or other law. ' 3. INSURANCE REQUIREMENTS. (a) LESSEE shall secure and maintain, in the manner required by law, workers' compensation insurance as required by the California Labor Code and amendments thereto, and shall furnish to the CITY satisfactory evidence thereof. (b) LESSEE shall maintain and pay all premiums on a policy of broad form comprehensive general liability insurance in the amounts given below, with insurance companies satisfactory to the CITY, containing an endorsement including the CITY, it Council, officers, agents and employees as additional named insureds. 2 (c) The limits of said policy shall be in amounts not less than ONE MILLION DOLLARS ($1,000,000) per occurrence. (d) Prior to execution of this Agreement, LESSEE shall file with the Finance Department of the City of Bakersfield a 'true copy of said policy of insurance, with the endorsement thereon aforementioned, certified by the carrier. (e) Cancellation, reduction in coverage, or nonrenewal of insurance coverage shall not occur without thirty .(30) days advance written notice to CITY. 4. PURPOSE-NON-DISCRIMINATION. The portion of the FACILITY above designated shall be used during the term hereof for the sole purpose of carrying out a program of health, recreational, social or similar community services. LESSEE agrees that such use shall be available to residents of the City of Bakersfield and the County of Kern, regardless of race, color, religion, sex or national origin and that no fees or charges will be made to the individual users of the said portion of the FACILITY, for services and benefits provided, except in accordance with the regulations of the Secretary of Housing and Urban Development. 5. INSPECTION OF PREMISES, The LESSEE agrees and represents that its authorized agents have fully inspected and examined the leased premises and all appurtenances and improvements located therein, and hereby accepts them in their present condition. 6. WAIVER OF CIVIL CODE PROVISIONS. It is agreed that the LESSEE waivers all rights under Section 1942 of the California Civil Code relating to repairs by a LESSEE. 7. MAINTENANCE. The LESSOR shall be responsible for the maintenance of the facility, including the leased portion thereof. 8. ALTERATION-WASTE. The LESSEE shall not. make any alterations in the facility or in the leased portion thereof without the written consent of the LESSOR and shall not commit or suffer to be committed any waste upon said premises and shall strictly supervise all activities carried on at the leased premises to avoid such waste or damage of any kind. 9. NO SUB-LEASE OR ASSIGNMENT. The LESSEE shall not let or sublet the whole or any part of the leased premises, nor sell or assign this lease, either voluntarily or by operation of law, nor 3 allow said property to be occupied by anyone contrary to the terms and conditions hereof, without the written consent of the LESSOR. 10. ACCESS TO LEASED PORTION. The LESSEE shall allow the LESSOR's authorized officers Or employees access to the leased portion at all reasonable hours, for the purpose of examining and inspecting said premises and all appurtenances and improvements therein, for purposes necessary, incidental to or connected with the performance of its obligations hereunder, or in the exercise of its governmental functions. 11. UTILITIES. The LESSOR agrees to pay for electricity, gas and water, necessarily used by the LESSEE on the premises and LESSEE agrees to pay for all telephone charges including but not limited to connection fees. 12. RE-ENTRY. In the event that full rental is not paid to LESSOR when due or in the event the LESSEE defaults in any of the conditions or covenants contained herein, the LESSOR, by its authorized officers or employees may re-enter the leased portion of the FACILITY and remove all persons therefrom. 13. WAIVERS NOT VITIATE ANY TERMS. It is understood and agreed that the waiver, by the LESSOR, of any covenant or condition herein contained shall not vary the terms of this lease and shall not constitute a waiver of the LESSOR's right to enforce such a provision at a later time. 14. QUIET ENJOYMENT. The LESSOR does hereby agree with the LESSEE that LESSEE, keeping and performing the covenants terms and conditions herein contained on the part of the LESSEE to be kept and performed shall at all times during the said term peaceably and quietly, have, hold and enjoy the leased premises without hindrance from LESSOR. 15. COSTS IF ACTION BROUGHT. In the event the LESSOR is compelled to commence or sustain an action or suit to collect said rent or parts thereof or to dispossess the LESSEE or to recover possession of the premises, the LESSEE agrees to and shall pay all costs in connection therewith to LESSOR, including reasonable attorney's fees and court costs. 16. SISARENDER. On the last day of the said term, or sooner termination of this lease, the LESSEE will peaceably and quietly leave, surrender and yield UP to the. LESSOR all and singular the leased premises in good order, reasonable use and wear thereof excepted. 17. SPECIAL CONDITIONS. It is mutually understood and agreed by and between the parties as follows: o0o IN WITNESS WHEREOF, this agreement of lease has been executed on the date first-above written and the LESSOR, by order of the City Council of the City of Bakersfield, pursuant to Resolution No. 80-73, has caused the same to be executed by the Community Services Manager or his authorized representative, and the LESSEE has caused the same to be executed by its duly appointed and authorized agent. "LESSOR" CITY OF BAKERSFIELD By ~. COMMUNITY SERVICES MANAGER "LESSEE" By Authorized Agent ADD:lg 03/22/90 MLKING.K 6 AGREEMENT NO. PERMIT TO USE FACILITIES OF MARTIN LUTHER KING COMMUNITY CENTER THIS AGREEMENT FOR PERMIT, is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, referred to herein as the ("CITY") and. ( "PERMITTEE" ) . RECITALS WHEREAS, the CITY herein has the sole control, supervision and ownership of the Martin Luther King Community Center, located at 1000 Owens Street, Bakersfield, California, constructed by the CITY with certain Federal financial assistance under Section. 703 of the Housing and Urban Development Act of 1965; and, WHEREAS, as required by law, CITY will use the above described multi-purpose neighborhood facility in carrying out a program of health, recreational, social or similar community services, and such facility shall be available to and for residents of the City of Bakersfield and the County of Kern, regardless of race, color, religion, sex or national origin, and no fees or charges will be made to the individual users~ of the facility for the services and benefits extended, except in accordance with the regulations of the Secretary of Housing and Urban Development. NOW, THEREFORE the CITY hereby permits the above-named PERMITTEE to use that portion or space of the FACILITY designated or described below during the time and at the rates of rental, as follows: Work h"nining Room Office N~ber . Swimming Pool TO HAVE AND TO HOLD, subject to all applicable CITY law and regulations, all applicable agreements affecting the FACILITY and all applicable State and Federal laws and regulations, including improvements and appurtenances located within such designated portion of the FACILITY, unless otherwise stated, for the total rent in lawful money of the United States of America, payable as follows: The sum of $ payable on the day of, 19 , at the office of the Finance Director of the City of Bakersfield, 1501 Truxtun Avenue; or (as an alternative) The s~ of $, or % of the gross receipts, after deduction of Federal taxes, whichever is the greater, on the day of , 19 , at the office of the Finance Director of the CITY, 1501 Truxtun Avenue. If said rental is not paid on the day specified in this paragraph, it is agreed that any box office receipts may be applied to the payment of said rental and PERMITTEE waives all rights to that portion of the receipts necessary to pay said rental. The CITY shall have the right to count all unsold-tickets after each event, and PERMITTEE shall furnish the CITY a complete box office statement after each event. 1. INDEMNIFICATION CLAUSE. PERMITTEE shall use the premises at its own risk and shall hold, CITY, its officers, agents and employees free from all liability, claims, actions, losses, demands, damages, costs or expenses (including attorney's fees) which may arise by reason of any injury or death of any person or persons (including PERMITTEE, its officers, agents or employees) or damage to or destruction of any property of any kind whatever and tO whomever belOnging (including PERMITTEE, its officers, agents or employees) from any cause or causes whatever in, upon, or in any way connected with the leased premises, corridors or hallways on the premises not leased to PERMITTEE, or any roads, sidewalks, or other rights-of-ways adjacent to the premises, regardless of any negligence of CITY, its officers, agents, or employees; and, PERMITTEE shall indemnify, hold harmless, and defend (the latter upon request) CITY, its officers, agents, and employees from all liability, claims, actions, losses, demands, costs, or expenses (including attorney's fees) arising out of any such injury or death of any person or persons or damage to or destruction of any kind of property however occurring. CITY's right to indemnity hereunder shall arise notwithstanding that joint or concurrent liability may be imposed on CITY by statute, ordinance, regulations, or other law. 2. INSURANCE REQUIREMENTS. (a) PERMITTEE shall secure and maintain, in the manner required by law, workers' compensation insurance as required by the California Labor Code and amendments thereto, and shall furnish to the CITY satisfactory evidence thereof. (b) PERMITTEE shall maintain and pay all premiums on a policy of broad form comprehensive general liability insurance in the amounts given below, with insurance companies satisfactory to the CITY, containing an endorsement including the CITY, its Council, officers, agents and employees as additional named insureds. 3 o (C) The limits of said policy shall be in amounts not less than ONE MILLION DOLLARS ($1,000,000) per occurrence. (d) Prior to execution of this Agreement, PERMITTEE shall file with the Risk Management Division of the City of Bakersfield a true copy of said policy of insurance, with the endorsement thereon aforementioned, certified by the carrier. (e) Cancellation, reduction in coverage, or nonrenewal of insurance coverage shall not occur without thirty (30) days advance written notice to CITY. 3. PURPOSE AND NoN-DIsCRIMINATION. The portion of the FACILITY above designated shall be used during the term of this permit for the sole purpose of carrying out a program of health, recreational, social or similar community services. PERMITTEE agrees that such use shall be available to residents of the City of Bakersfield and the County of Kern, regardless of race, color, religion, sex or national origin, and that no fees or charges will be made to the individual recipients or users of the said portion of the FACILITY, for services and benefits provided, except in accordance with the regulations of the Secretary of Housing and Urban Development. 4. EXSRlA~OR. Where required by the CITY, PERMITTEE shall furnish all necessary labor necessitated by PERMITTEE's use of the aforesaid facilities, including but not limited to stagehands, ticket sellers, ticket takers, ushers and guards. PERMITTEE, when required by CITY, shall employ an adequate number of personal attendants who must be removed from such service immediately upon notice to PERMITTEE by the CITY that he is deemed to be unsatisfactory for such service. 5. SIGNS AND POSTERS. PERMITTEE shall not do, or permit to be done, upon said premises, anything that will tend to injure, mar or in any manner deface said FACILITY, and will not drive or install, or permit to be driven or installed, any nails, hooks, tacks or screws into any part of the facility building, and will not make or allow to be made, any alterations of whatsoever kind of said building or any equipment on facilities thereof. PERMITTEE shall not post or exhibit, or allow to be posted or exhibited, any signs, advertisements, show bills, lithographs, posters or cards of any description on any part of the premises of facility, except such as are specifically approved by CITY. 6. SEATING CAPACITY. It is agreed that PERMITTEE shall not sell or distribute, or permit to be sold or distributed, tickets or passes in excess of the seating or other capacity of the rented 4 portion of the facility. CITY reserves the right to a reasonable number.of passes to the event as required and without charge. 7. OBJECTIONABLE PERSONS. The CITY also hereby reserves the right to eject or cause to be ejected form the premises any objectionable person or persons;' and neither the CITY or any of its officers, agents or employees shall be liable to PERMITTEE for any damages that may be sustained by PERMITTEE through the exercise by the CITY of such right. 8. HANDLING FUNDS. In the event that the CITY, through its officers, agents or employees, handles, controls, or keeps any funds in connection with any event sponsored by PERMITTEE, whether the same are received through the use of a box office or otherwise, it is understood that the CITY is acting for the accommodation of PERMITTEE, and as to such funds, the CITY shall not be liable to PERMITTEE or to any other person for any loss, theft or defalcation thereof, whether such loss, theft or defalcation is caused or done by officers, agents, or employees of CITY or otherwise; nor shall any officer, agent or employee of CITY be liable for any loss, theft or defalcation of such funds unless he willfully caused or permitted the same or unless it was proximately caused by the his own gross negligence. 9. BROADCASTING. No performance or event presented in the FACILITY shall be broadcast or televised, or in any manner recorded for reproduction, without the written consent of the Community Services Manager of CITY, and then only upon the express condition that all expenses pertaining thereto will be paid in advance by PERMITTEE. 10. FLAMMABLE MATERIALS. No flammable materials such as bunting, tissue paper, crepe paper, etc. will be permitted to be used for decorations; and all materials used for decorative purposes must be treated with flame-proofing and approved by the Fire Department of the CITY. 11. OCCUPANCY DISRUPTION. It is agreed that in case the facility or any part thereof shall be destroyed or damaged by fire or any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of this permit impossible, including, without limitation, the lawful requisitioning of the premises by any government in the United States or any arm or instrumentality thereof, or by reason of labor dispute, then and thereupon this permit shall terminate and the PERMITTEE shall pay rental for said premises only up to the time of such termination, at the rate herein specified, and the PERMITTEE hereby waives any claim for damages or compensation should this permit be so terminated. 5 12. LOST ARTICLES. The Community Services Manager or his representative shall have the sole right to collect and have the custody of articles left in the building by persons attending any performance, event, exhibition or entertainment given or held in the premises, and the PERMITTEE or any person associated with PERMITTEE shall not collect or interfere with the collection or custody of such articles. 13. INSPECTION OF PREMISES. The PERMITTEE agrees and represents that its authorized agents have fully inspected and examined the described premises and all appurtenances and improvements located' therein, and hereby accepts them in their present condition. 14. WAIVER OF CIVIL CODE PROVISIONS. It is agreed that the PERMITTEE waivers all rights under Section 1942 of the California Civil Code relating to repairs by a lessee 15. MAINTENANCE. The CITY shall be responsible for the normal, routine maintenance of the FACILITY, including the space covered by this permit. 16. ALTERATIONS-WASTE. The PERMITTEE shall not make any alterations, in the FACILITY or any part thereof without the written consent of the CITY and shall not commit or suffer to be committed any waste upon said premises and shall strictly supervise all activities carried on at the FACILITY to avoid such waste or damage of any kind. 17. NO SUB-LEASE OR ASSIGNMENT. The PERM!TTEE shall not let or sublet the whole or any part of the premises, nor sell or assign this permit, either voluntarily or by operation of law, nor allow said property to be occupied by anyone contrary to the terms and conditions hereof, without the written consent of the CITY. 18. ACCESS TO SPACE COVERED BY PERMIT. The PERMITTEE shall allow the CITY's authorized officers or employees access to the space covered by this permit at all reasonable hours, for the purpose of examining and inspecting said premises and all appurtenances and improvements therein, for purposes necessary, incidental to or connected with the performance of its obligations hereunder, or in the exercise of its governmental 'functions. 19. UTILITIES. The CITY shall furnish electricity, gas and water necessarily used by the PERMITTEE on the premises. 6 20. RE-ENTRY, In the event that full rental is not paid to CITY when due or in the event the PERMITTEE defaults in any of the terms, conditions or covenants contained herein, the CITY, by its authorized officers or employees; may re-enter the premises and remove all persons therefrom. 21. WAIVERS NOT VITIATE ANY AGREEMENTs. It is understood and agreed that the waiver, by the CITY, of any covenant, term or condition herein contained, shall not vitiate the same. 22. QUIET ENJOYMENT. The CITY does hereby agree with the PERMITTEE that PERMITTEE, keeping and performing the covenants terms and conditions herein contained on the part of the PERMITTEE to be kept and performed shall at all times during the said term peaceably and quietly, have, hold and enjoy the premises without hindrance from CITY. 23. COSTS IF ACTION BROUGHT. In the event the CITY is compelled to commence or sustain an action or suit to collect said rent or parts thereof or to dispossess the PERMITTEE or to recover possession of the premises, the PERMITTEE agrees to and shall pay all costs in connection therewith to CITY, including reasonable attorney's fees and court costs. 24. SURRENDER. On the last day of the said term, or sooner termination of this lease, the PERMITTEE will peaceably and quietly leave, surrender and yield up to the CITY all and singular the space covered by this permit in good order, reasonable use and wear thereof excepted. 25. SPECIAL CONDITIONS. It is mutually understood and agreed by and between the parties as follows: o0o 7 · IN WITNESS WHEREOF, this Agreement for permit ease has been executed on the date first-above written and the CITY, by order of the City Council of the City of Bakersfield, pursuant to Resolution No. 80-73, has caused the same to be executed by the Community Services Manager or his authorized representative, and the PERMITTEE has caused the same to be executed by its duly appointed and authorized agent. CITY OF BAKERSFIELD By COMMUNITY SERVICES MANAGER "PERMITTEE" By Authorized Agent ADD: lg 03/02/90 MLKPERMI. K