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HomeMy WebLinkAboutCity Council Resolution 2063 RESOLUTION N0.2063 A RESOLUTION OF THE CITY OF SARATOGA ESTABLISHING A CIVIC THEATRE USE POLICY AND RENTAL AGREEMENT WHEREAS, the City Council of Saratoga has the authority to establish use policies for all governmental buildings, and WHEREAS, there has been a demonstrated need to update and clarify the Civic Theatre Use Policy and Rental Agreement, NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Saratoga does hereby adopt the "Civic Theatre Use Policy and Rental Agreement" herein incorporated by reference. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga on the 1st day of June , 1983, by the following vote: AYES: Councilmembers Clevenger, Fanelli, Moyles, Mayor Callon NO E S: None ABSENT: Councilmember Mallory ATTEST: ~RK CITY OF SARATOGA CIVIC THEATRE USE POLICY AND RENTAL AGREEMENT A. RESERVATIONS AND FEES 1. Organized theatre groups will be given priority usage of the Civic Theatre. Six to eight months before September of each year a scheduling meeting will be held. Preceding this meeting, each theatre group will be asked to submit their requests for preferred dates from September I to August 31 for performances and rehearsals.1 A City staff member will consider all requests and draft a tentative schedule. At the scheduling meeting all theatre groups will have the opportunity to review the schedule before it is finalized. 2. The City of Saratoga reserves the right to make any additions, cancellations or schedul- ing changes. It also reserves the right to refuse rental of the Civic Theatre to groups or individuals. 3. City of Saratoga Council and Planning Commission meetings will have exclusive use of Wednesdays throughout the year. 4. The non-refundable Processing Fee ($25) is to be paid at the time the Rental Agreement is completed.2 5. The Security Deposit is to be paid at the time the Rental Agreement is completed and it is to be in the form of a check or money order. Cash is not accepted. Security deposits are refunded 10 to 14 days after the last day of the rental. If there is damage to the building or its contents, a deduction will be made from the deposit and the balance refunded. If the deposit does not cover the charges, the Licensee will be responsible for additional fees. If clean-up is not completed, the entire deposit will be forfeited. If a cancellation occurs, the Security Deposit will not be refunded. 6. All checks are to be made payable to the City of Saratoga. 7. Groups or individuals will be billed on the last day of their rental. Payment of the bill is due within 14 days. 8. The Civic Theatre Rental Agreement must be completed at the Saratoga Community Center, 19655 Allendale Avenue, Saratoga, 95070, main office. Office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. The completed form must be accompanied by the Processing Fee and Security Deposit. For more information, call 867-3438 x 46. B. GENERAL REGULATIONS 1. No stand, platform, booth, partition, railing, enclosures, overhead structure, or any other structure shall be erected or installed, nor shall any change, addition or al- teration be made by the renter unless it is first approved in writing by the City Manager, or his authorized representative. If such is approved, the premises must be put back in the prior condition. The renter accepts the premises in an "as is" condition. 2. The renter shall immediately upon the expiration of each rental period as stated on their contract vacate the premises and remove all personal property, debris, rubbish, boxes, greenery, etc. The premises must be left in a clean and orderly condition and repair. The renter shall remove all exhibits, booths and other structures from the premises before the expiration of each rental period. 3. Rental groups or individuals will be required to furnish a certificate of liability insurance naming the City of Saratoga as an additional co-insured for the protection of the public. This Agreement shall not be effective until the certificate has been filed with the City.3 4. The renter, at all times during the use and occupancy of the premises, shall comply with ordinances, laws, rules and regulations affecting the use and occupancy thereof, including all state, local and district fire, health and safety laws, ordinances and regulations. 5. The prevailing party in any action or proceeding between the parties, whether by suit, arbitration or otherwise, as to their rights or obligations under this agreement, shall be entitled to all costs incurred in connection therewith, including reasonable attorney's fees.4 6. The renter shall hold the City of Saratoga free and harmless from any liability or claim for damages or suit for or by reason of any injuries to any person or property, of any kind whatsoever, from any cause whatsoever arising out of the use and occupation of the premises by the renter; and the renter hereby covenants and agrees to idemnify and save harmless the City from all liability and damage on account of or by reason Of any such injuries ~ ~mages, whether by the claimed fault or negligency of the City of Saratoga or t Signature of Applicant Date Name of User Group Signature of City Representative Date 6-83 FOOTNOTED CHANGES IN CIVIC THEATRE USE POLICY 1. Previously the theatre was booked from January through December. At the request of theatre groups, the schedule has been changed to book from September through August to coincide with the theatre season. 2. The non-refundable processing fee is to cover the administrative cost of processing and scheduling. If a cancellation occurs, this fee would also offset costs of rescheduling. 3. This policy regarding liability insurance coverage has not been strictly enforced in the past. In order to protect the City from potential liability, City staff intends to require the filing of an insurance certificate before the reservation becomes effective. 4. Paragraphs 5 and 6 are new and were added after consultation with Steve Baird from the City Attorney's office. CITY OF SARATOGA CIVIC THEATRE RENTAl FORM ' 13777 Fruitvale Avenue Saratoga, CA 95070 DATE/DATES FROM TO EVENT OR ACTIVITY DATES ..(Month & Day) TIME (From-To)-(Use A.M. or P.M.) Organization: Indi vi dual Maki ng Application: Phone: Work: Home: Address: Name of Production: Applicant hereby agrees to hold the City of Saratoga, its City Council, the individual members thereof, and all the officers, agents, and employees free and harmless from any loss, damage, liability, cost or expense that may arise during or be cause in anyway by such use of occupancy of recreation facilities. I, the undersigned, hereby certify that I will be personally responsible on behalf of the applicant for any damages sustained by the building, furniture, or equipment, accruing through occupancy or use of said building by the applicant. Any lost equipment or damages sustained to the above shall be compensated. I hereby certify that I have read and understand the Civic Theatre Use Policy and will abide~ by any special conditions set forth. Is,certify that the intended use is in compliance with said rules and regulations, application instructions and any specific use regulations subject to advance payment of all fees. Signature of Applicant Date City Representative Date '_-_~ _-. ~ ~ ~." -- ~ ............................................................................... A. PROCESSING FEE --- Amount $ Rec'd Receipt # B. SECURITY DEPOSIT --- Amount $ Rec'd Returned C. Keys Certificate of Insurance on File SARATOGA CIVIC THEATRE RENTAL RATES A. PROCESSING FEE The non-refundable processing fee of $25 is to be paid at the time the Reservation Form is completed. B. SECURITY DEPOSIT (Separate Check) The Security Deposit of $100 is to be paid at the time the Reservation Form is completed. C. RENTAL RATES ,1. Moves $20 per day If Day Shared $10 per day 2. Auditions $55 per day 3. Rehearsals $55 per day 4. Performances $1 85 per day 5. Partial Use of $ 95 per day Stage