Rental Contract
| STATE OF TEXAS
COUNTY OF VAL VERDE 1. DEFINITIONS
PARTIES, PREMISES, FEE TERMS, AND SERVICES 2. PARTIES TO THE AGREEMENT
3. LEASED PREMISES, TIMES, PURPOSE
CITY hereby grants to LESSEE the right to use and occupy the Paul Poag Theatre, including the mezzanine as a traffic area only, its corridors necessary to accommodate patrons and restroom conveniences customarily open to the general public during performance times, located in the City of Del Rio, Val Verde County, Texas. Both CITY and LESSEE accept the terms and conditions set forth in this agreement. TIMES & DATES Move-in Time(s) By _____________________________________
PURPOSE LESSEE agrees that the premises shall be used only for the purpose(s)
of __performance______.
4. FEE TERMS
LESSEE hereby covenants and agrees to pay City, at the Paul Poag Theatre
office, for the use of said premises:
PAYMENT a. One half of rental fee in cash, cashier’s
check, check, or money order at least two weeks prior to performance and
the other half in cash, cashier’s check, check, or money order prior to
occupancy, or as otherwise specified in writing by the Paul Poag Theatre
Manager.
5. BASIC PERFORMANCE RENTAL PACKAGE The premises and services included in basic performance rental fee include: a. The premises of the Paul Poag Theatre, including
it’s stage, backstage, and the corridors and restrooms customarily opened
to the general public which are necessary to accommodate the patrons during
the performance.
ADDITIONAL PREMISES AND SERVICES REQUIRED BY LESSEE 6. RENTAL OF MEZZANINE AREA CITY grants to LESSEE the right to use and occupy the mezzanine area for use other than a traffic area. Rental of mezzanine area begins at _______ a.m./p.m. and ends at ______a.m./p.m. LESSEE agrees that the mezzanine area shall only be used for the purpose of ___seating as needed__________. For said stated use of the mezzanine area, the LESSEE agrees to pay the CITY the additional rental fee $_134.00___. 7. EMPLOYEES LESSEE shall hire the other employees required in connection with the
attraction including all stage employees, box office staff, ushers, light
operators, and projectionists that form a list of approved personnel provided
by the Theatre Manager. The LEESSEE shall pay all salaries of such
additional employees. CITY reserves the right at all times to control
the ushers, ticket takers, and all other employees of lessee and the right
to remove from the premises any and all such employees of LESSEE and the
right with it’s officers and agents, including it’s police officers, to
eject any objectionable person or persons from the building and premises;
and in the event of the exercise of this authority LESSEE hereby waives
any and all claims for damages against the City of Del Rio, and it’s officers
and employees on account thereof.
Any piano tuning deemed necessary by the LESSEE shall be at LESSEE’S own expense, and shall be arranged through Theatre Manager. 9. ADDITIONAL FACILITIES CITY agrees to provide only available facilities which are a permanent part of Paul Poag Theatre. Any and all other facilities which LESSEE should desire to install shall be done at the sole expense of LESSEE, but only after LESSEE has received full permission of the CITY. USAGE OF THE THEATRE 10. BOX OFFICE POLICIES LESSEE agrees to use the Paul Poag Theatre box office and staff, and to comply with existing box office policies as are explained in the contractual attachment “Box Office Policies,” included as a part of this agreement. TICKETS LESSEE with audience expectations of over 550, regardless of the fact
that no admission is
11. SEATING RESTRICTIONS AND SEATING LESSEE shall not admit to said premises a larger number of persons than the seating capacity thereof will accommodate or can safely or freely move about in said areas, and the decision of the Paul Poag Theatre Manager in this respect shall be final. If LESSEE expects an audience of less than 550 persons, LESSEE shall only use the seating capacity of the main floor of the Theatre. RESERVED SEATS FOR THEATRE MANAGER LESSEE agrees to reserve for use by the Theatre Manager ten (10) contiguous or adjoining seats for each performance. Unless otherwise notified by the CITY, said tickets shall be held or reserved until three days before the day or night of the performance at which time they may be sold through established ticket sales and distribution procedures. 12. CONCESSIONS LESSEE agrees that the City may retain all and every right of concession for the sale of any merchandise whatsoever sold within the Paul Poag Theatre and premises. LESSEE shall not offer for sale, or allow any other person to offer for sale any sheet music, tapes phonograph records, souvenir booklets, programs, printed publications or any items known as “trinkets” or novelties or any item of souvenir value without first securing permission from the Paul Poag Theatre Manager. No smoking, spitting, and chewing are allowed in the balcony or orchestra areas of the Theatre, at any time. 13. ALCOHOLIC BEVERAGES LESSEE will not sell or allow beer, wine or any liquors of alcoholic content to be sold, given away or used upon said premises without the prior written consent of the Paul Poag Theatre Manager, and then only in accordance with the rules and regulations promulgated by CITY or its Paul Poag Theatre Manager and in compliance with the laws of the State of Texas regulating the use of alcoholic beverages. RESPONSIBILITIES AND LIABILITIES OF LESSEE 14. LIABILITY OF LESSEE FOR ALTERATIONS DONE TO BUILDING OR FURNISHINGS Necessary nailing on the stage floor for safety purposes will be allowed with the approval of the Theatre Manager. However, LESSEE will not otherwise cause or permit any nails or other things to be driven into any portion of the building, or any signs to be affixed either to the exterior thereof, nor cause or permit any changes, alterations, repairs, painting, or staining of any part of the building or the furnishings of equipment thereof, nor do, nor permit to be done, anything which will damage or change the finish or appearance of the building or the furnishings thereof. LESSEE shall pay the cost of repairing any and all injury and damage which may be done to the building or any of the fixtures, furniture, or furnishings thereof by any act of LESSEE or any of LESSEE’S employees or agents or anyone visiting the building upon the invitation of LESSEE including patrons of the attraction or function for which LESSEE is hereby renting the premises herein above described. It is expressly agreed that the Paul Poag Theatre Manager shall determine whether any such damage has been done, the amount hereof and the reasonable cost of repairing same and whether it is one for which, under the terms of this agreement, LESSEE is to be held responsible. The decision of the Paul Poag Theatre Manager shall be final unless within ten (10) days after he/she makes hi/her decision, LESSEE, if LESSEE is dissatisfied therewith, gives written notice to the Paul Poag Theatre Manager of his/her desire to appeal to the City Manager the decision of the Paul Poag Theatre Manager. In such notice to the Paul Poag Theatre Manager, LESSEE shall state fully the particulars and grounds upon which he considers the Paul Poag Theatre Manager’s decision incorrect and no further objection thereto other than the objections so stated will be considered by the City Manger. The City Manger’s decision shall be final. 15. INSURANCE LESSEE shall secure at it’s own expense and provide Lessor with evidence that it has comprehensive public liability insurance for bodily injury or death in the minimum amount of One Hundred Thousand and no/100 Dollars ($100,000.00) for injury to one person, and One Million ($1,000,000.00) Dollars for one accident, and property damage insurance in an amount of not less than Five Thousand and no/100 Dollars ($5,000.00), written and issued be an insurance company authorized to do business in the State of Texas. Lessor shall be named as co-insured or as an additional insured in said policy of insurance. These rates are minimum amounts and may be increased for certain performances at the discretion of the Theatre Manager where such increases are necessary to protect the interest of the Paul Poag Theatre. Insurance binder must be submitted to Theatre Manager for his/her review 6 weeks before performance date. The Paul Poag Theatre Manager may waive or otherwise alter this paragraph. 16. LESSEE RESPONSIBLE FOR PERSONS ADMITTED TO PREMISES LESSEE hereby assumes full responsibility for the character, acts, and conduct of all persons admitted to said premises, or to any portion of said premise, by the consent of the LESSEE, or by or with the consent of said LESSEE’S employees, or any person acting for and on behalf of the said LESSEE. LESSEE at its expense to have on hand at all times sufficient security force to maintain order and protect the persons and property, the sufficiency of and type of security force to meet the approval of the Paul Poag Theatre Manager. LESSEE understands that a serious incident resulting in a requirement of medical treatment or hospitalization of any person shall constitute grounds for denial of future utilization of the Paul Poag Theatre by that LESSEE. 17. COMPLIANCE OF ALL LAWS LESSEE shall comply with all laws of the United States, and of the State of Texas, all ordinances of the City of Del Rio, and all rules and requirements of the Police and Fire Departments or other municipal authorities of the City of Del Rio and will obtain and pay for all necessary permits and licenses, including, but not limited to, such licenses as royalties, copyrights, ASCAP, BMI, and SEASAC; and will not do, or suffer to be done, anything on said premises during the term of this agreement in violation of any such laws, ordinances, rules, or requirements and if the attention of CITY is called to any violation on the part of said LESSEE or of any person employed by or admitted to the said premises by said LESSEE will immediately desist from and correct such violation. 18. ATTORNEY FEES LESSEE agrees to pay reasonable attorney’s fees on any account payable by it under any part of this agreement for which CITY has instituted suit and obtained a final judgment. RESTRICTIONS AND PROHIBITIONS PLACED ON LESSEE 19. ADVERTISEMENT LESSEE shall not circulate or publish or cause to be published any advertisements,
tickets, placards, or other written or printed matter wherein CITY’S name
or the Paul Poag Theatre is mentioned or referred to without having first
obtained written consent or approval of the Paul Poag Theatre Manager.
LESSEE agrees that all advertising will contain the following statement: “Doors open at______(30 minutes before curtain.”) 20. TYPES OF LIGHTING PRHIBITED No gasoline, oil flashlights, or any other artificial lighting, light plants, flammable substances or electrical equipment shall be permitted therein, and no engine or motor or machinery shall be operated on said premises without the consent of the Paul Poag Theatre Manager. 21. FIRE AND SAFETY HAZARDS LESSEE shall not bring or permit anyone to bring said building or premises or keep therein anything that will increase the fire hazard or the rate if insurance on the building or any property therein. LESSEE shall not bring or permit any person to bring into said building or premise any animals, or any other property of any kind without the written consent of the Paul Poag Theatre Manager and shall not place or put any decorations without written consent of the Paul Poag Theatre Manager. CITY reserves the right at anytime to require LESSEE to remove from the premises any animals, furniture, wiring, exhibits, or other things placed therein without consent of the Paul Poag Theatre Manager. If the Manager determines that a proposed event poses a potential hazard to public safety, the event or any portion of an event may be denied or cancelled. 22. DICRIMINATION PROHIBITED LESSEE understands that the premises are owned by the CITY and LESSEE, its agents or employees shall not discriminate in the use of or admission to the premises on account of race, color, religion, sex, age, or national origin. 23. SMOKING Smoking anywhere inside the Theatre building is strictly prohibited. 24. GROUNDS FOR REFUSING RENTAL OR PREMISES CITY reserves the right to refuse rental of Paul Poag Theatre to any person or group if the Manager determines, after proper inquiry, that the program will constitute a clear and present danger of the Theatre’s orderly operation by the program’s advocacy of such action as: a. The violent overthrow of the government
of the United States, the State of Texas, or the City of Del Rio;
25. ASSIGNMENTS OF RENTAL CONTRACT LESSEE shall not assign this agreement, or any part thereof, nor suffer any use of said premises, other than herein specified, without the consent of the City. CITY’S CONTROL OF PREMISES AND PRODUCTION
EFFECTS LEFT BY PATRONS CITY shall have the sole right to collect and have custody of articles left in the building by persons attending any performance, exhibition, or entertainment given or held on the premises. EFFECTS LEFT BY LESSEE CITY reserves the right after the termination of the time for which the said premises are rented by this agreement to remove from the building all effects remaining therein and to store the same whenever it sees fit in its name, or at its option, in the name of the LESSEE but at the cost, expense and risk of LESSEE, and City shall not be liable in any way to LESSEE on account of so removing and storing any such effects. For such additional period beyond the term of this agreement as any effects of LESSEE may so remain in the building, CITY shall be entitled to charge the sum per hour which is provided by the rental fee schedule as the payment to be made for time of moving in and out of said premises. 27. CITY”S RIGHT TO ENTER PREMISES CITY, through its Paul Poag Theatre Manager, policeman, fireman, and other designated representatives, shall have the right at anytime to enter any portion of the premises hereinbefore described for any purpose whatsoever and the entire building, including the premises expressly covered by this agreement, shall at all times be under the charge and control of the Paul Poag Theatre Manager. The keys to the premises shall remain in possession of the City or its Paul Poag Theatre Manager, but during the period covered by this agreement, the entrances and exits of premises shall be locked or unlocked under the direction of the LESSEE in accordance with the terms of this contract. 28. CITY’S RIGHT TO CONTROL PEODUCTION All matters of staffing, crowd control, technical arrangements, promotion, and advertising, and all facets of ticketing and ticket policies are under control of the Theatre Manager as well. LIMIT’S TO CITY’S LIABILITY 29. CITY HELD HARMLESS FOR LESSEE’S ACTS Irrespective of any other provision of this agreement, LESSEE undertakes and agrees to save and keep the City harmless of and from any and all costs, expenses and damages, and any and all claims, demands or liability by or to the public employees of LESSEE, or others, on account of or occasioned by any installation, construction, repair, alteration, maintenance operation of any structure, device, apparatus enclosures, amusement, entertainment, commodity, regardless of whether these acts were done negligently or otherwise, or by any activity pertaining to this lease, or by any act or omission, regardless of whether the activity, act or omission was done negligently or otherwise, of LESSEE or of any patrons of LESSEE when on, or when about to enter, or when just leaving the premises herein leased to LESSEE. 30. PROPERTY PLACED ON PREMISES Irrespective of any other provision of this agreement, CITY assumes no responsibility whatsoever for any property placed in or on said premises, and said CITY is hereby expressly released and discharged from any and all liabilities for any loss, injury or damages to person or property that may be sustained by reason of the occupancy of said premises under this agreement; and all watchmen or other protective service desired by the LESSEE must be arranged for by special agreement with the Paul Poag Theatre Manager. 31. HANDLING OF FUNDS In the handling, control, custody, and keeping of funds, whether the same are received through the box office or otherwise, the Paul Poag Theatre Manager is acting for the accommodation of lessee, and as to such funds the Paul Poag Theatre Manager shall not be liable to LESSEE or to any other person for any loss, theft, or defalcation thereof, whether such loss, theft, or defalcation is caused or done by employees of CITY or otherwise; nor shall any office 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 his/her own gross negligence. 32. CITY’S FAILURE TO PROVIDE PREMISES In case the premises covered by this agreement, or the building of which such premises are a part, be destroyed or damaged by fire or any cause or if any other casualty or unforeseen occurrence or other causes herein specified shall render the fulfillment of this Contract by CITY impossible, the term of this contract shall end and LESSEE shall be liable to pay rent only up to the time of such termination and LESSEE hereby waives and releases any claim for damages or compensation on account of such termination. DEFAULT
If the LESSEE, being entitled to possession hereunder shall fail to take possession of or use the premises, without the written consent of the CITY, no payments already made to the City will be refunded, and the full rent called for by this agreement, including any disbursements or expenses incurred by CITY in connection therewith, shall be payable to the CITY by LESSEE. Any provisions allowing cancellation and/or postponements shall be as agreed upon between LESSEE and the Paul Poag Theatre Manager. 34. DEFAULTS BY LESSEE LESSEE agrees that if LESSEE defaults on any part of this agreement, CITY may terminate this lease and re-enter the premises, and, if necessary, resort to any legal proceedings necessary to enforce it’s rights. LESSEE shall, regardless of re-entry, pay the full rental amount as agreed herein. MISCELLANEOUS
All ordinances, resolutions, policies, and regulations of the City of Del Rio relating to the rental and use of the premises hereinbefore describe made a part hereof. 36. LESSEE’S ABILITY TO MANAGE EVENT Any proposed use of the Paul Poag Theatre shall be appropriate to and suited to the size, structure, capabilities, purpose, and operating cost of the facility. Prior to execution of the rental agreement, LESSEE must have demonstrated to the satisfaction of the Theatre Manager that he/she has staff, experience, contracting authority, financial wherewithal or other qualifications necessary for carrying out the proposed event to the satisfactory manner. During the course of production, if it becomes apparent to the Theatre Manager that the LESSEE is not capable of staging the proposed event as previously represented, the Theatre Manager may terminate the contractual relationship. LESSEE, upon termination of the contract, will be responsible for the prorated rental fees and costs due for use of the Theatre. Alternatively, unsatisfactory experience may result in future refusal to rent premises to LESSEE. 37. OBLIGATIONS PERFORMED IN VAL VERDE COUNTY All obligations of either party to this contract shall be fully performed
in Val Verde County, Texas. All disputes arising under this agreement
will be resolved under the laws of the State of Texas.
PAUL POAG THEATRE FOR THE PERFORMING ARTS BY:_____________________________ BY:________________________________
|