HomeMy WebLinkAbout24 - Newport Theater Arts Center & Council Policy I-6May 22, 2001
Agenda Item No. 24
CITY OF NEWPORT BEACH
Office of the City Attorney
TO: Mayor & Members of the City Council 0
FROM: Robert Burnham
RE: Newport Theatre Arts Center V
Amendment of Council Policy 1 -6 (Exhibit A)
Special Event and License Agreement (Exhibit B) cRC� fi r �P
House Rules (Exhibit C)
Fee Schedule (Exhibit D)
Request for Use by Newport Beach Theatre Company (Exhibit E)
DATE: May 22, 2001
BACKGROUND
The Newport Theatre Arts Center (Theatre) is located on Cliff Drive in Newport Heights.
On April 10, 2001 the City Council approved a management agreement (Agreement) with
the Friends of the Newport Theatre Arts Center (Friends). The Agreement gives the
Friends exclusive use of the Theatre for all but three (3) two -week periods (Reserved
Periods) during each "program year." The Council also directed staff to revise Council
Policy 1 -6 to establish the criteria for selecting the group or organization (Third Party)
entitled to use the Theatre during the Reserved Periods and to prepare documentation to
regulate Third Party use.
DISCUSSION
Staff has prepared: (a) modifications to Council Policy 1-6; (b) a License Agreement and
Special Event Permit (Permit); (c) House Rules; and (d) a Schedule of Fees. The
modifications to Council Policy 1 -6 reflect the terms and conditions of the Agreement,
define the procedure for selecting the Third Party and establish rules related to the use of
the Theatre. The Permit is the contract between the City and the Third Party and
contains requirements relative to insurance, "rights and royalties, and indemnification that
are designed to protect the City. The House Rules represent a more detailed description
of the "do's and don'ts" related to Theatre use and the Fee Schedule establishes the
charges for use of the Theatre, the certain theatre equipment and technical1service
personnel designated by the Friends.
The Newport Beach Theatre Company has asked the Council to designate them as the
Third Party for the first three Reserved Periods. The modifications to Council Policy 1-6
authorize the City Council — as opposed to the Community Services Director - to
designate Third Party use at a noticed public meeting on a finding that the group
substantially complies with the Third Party selection criteria. The Newport Beach Theatre
Company does appear to meet the selection criteria, they have — with the full cooperation
of the Friends — already staged a production at the Theatre, and the City Council would,
pursuant to Council Policy 1-6, be authorized to grant all or a portion of their request.
RECOMMENDATION
Staff recommends the City Council:
1. Approve the Modifications to Council Policy 1-6, the Permit, the House
Rules and the Fee Schedule; and
2. If appropriate, determine that the Newport Beach Theatre Company meets
the selection criteria in Council Policy 1-6 and approve all or a portion of
their request to use the Theatre during the first three (3) Reserved Periods.
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NEWPORT THEATRE ARTS CENTER
1. BACKGROUND
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The Newport Theatre Arts Center (Theatre) has been the site of community theatre
productions since 1979. The Friends of the Newport Theatre Arts Center (Friends), a
non profit public benefit corporation, have, since 1980, managed the Theatre and
offered first class theatrical productions and shows using dedicated volunteers from the
community. The Friends have presented at least four productions a year, have funded
their program through ticket sales and donations from the private sector, and have used
excess funds to purchase theatrical equipment. The plays and shows presented by the
Friends are affordable to all economic segments of this community and offer residents a
unique opportunity to attend or participate in theatrical productions. The Friends
represent the epitome of "community theatre' - a volunteer effort using principally
non -equity performers that is self funded and offers performers of all skill levels an
opportunity to develop their talents.
2. MANAGEMENT /PRIMARY USE
The City Council has, pursuant to a written management agreement, appointed the
Friends as the primary user and manager of the Theatre in recognition of their
dedication, skill and effort over the years. The City Council is aware that the consistent
presentation of first class community theatre requires extensive pre - production use of
the venue for rehearsal, set construction and related activities. The City Council has
determined that the community theatre program offered by the Friends requires
exclusive use of the Theatre for continuous and extended periods of time throughout
the year and from year to year.
As manager, the Friends are required to make the Theatre available, and to supervise its
use, by other groups or organizations selected by the City (Third Party/Third Parties)
for stage plays or artistic events during no less than three (3) two -week periods each
year (Reserved Periods). The Friends are also required to allow and supervise use by
residents and local business owners for short meetings or events of limited duration.
The City Council expects the Friends, in supervising the use of the Theatre by any Third
Party, to serve as a resource, if called upon, to facilitate the efforts of community groups
authorized by City to present stage plays at the Theatre.
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EXHIBIT A
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3. RESERVED PERIODS.
The City, through the Community Services Director, is responsible for selecting the
Third Party/Third Parties that will be permitted to use the Theatre to present stage
plays or other artistic productions during the Reserved Periods. Third Party use of the
Theatre shall be granted pursuant to a special event permit and license agreement
(permit). In selecting among applicants, preference shall be given to public benefit non-
profit corporations in good standing that have received a tax exempt determination
pursuant to Section 501(c)(3) of the Internal Revenue Code. Since the theatre is one of
very few venues in the area that is capable of accommodating live stage performances,
preference shall be given to an applicant seeking permission to use the Theatre for live
theatrical performances presented during at least one entire Reserved Period. The City
shall use the following criteria in selecting among qualified applicants that have
submitted timely applications requesting use of the Theatre at the same time during all
or a portion of any Reserved Period:
(A) Previous experience in presenting live stage productions of a magnitude
similar to that proposed in the application;
(B) Firm commitments from technical, artistic and support staff capable of
producing a live stage play;
(C) The extent to which Newport Beach residents are involved in the
production;
(D) The extent to which the production involves or generates educational
opportunities for youth;
(E) Whether the applicant has secured the rights to produce the play and the
extent to which the applicant can demonstrate the ability to pay required
fees and charges.
(F) The potential for recurring use by the applicant.
In the event that no application is submitted and approved by the City authorizing
presentation of a live theatrical performance during any Reserved Period, preference
shall be given to the applicant who first submits a timely application to present a
cultural or artistic event that is consistent with the historical usage of the Theatre.
The Community Services Director is authorized to meet and confer with applicants who
have submitted conflicting requests in an effort to determine if the applicants are
willing to modify the requests to avoid the conflict. The Community Services Director
is also authorized to partially grant or modify any application to eliminate conflict or to
preserve use of the Theatre for the City or for other purposes.
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While the Community Services Director will generally determine Third Party use of the
Theatre pursuant to the application process. However, the City Council may, upon a
determination that a requesting group substantially complies with the selection criteria
in (A) - (F) and at a noticed public meeting, authorize Third Party use of the Theatre for
multiple or consecutive Reserved Periods subject only to execution of the required
permit.
4. PROCEDURES
(A) Subject to the provisions of Subsection (B), any individual, group or
organization requesting permission to use the Theatre during all or a
portion of any Reserved Period, or for any event that requires a special
event permit pursuant to Chapter 5.10 of the Newport Beach Municipal
Code (applicant) shall file an application for a permit. The application
shall be filed with the Community Services Department no less than 45
days prior to the first date of the Reserved Period during which applicant
proposes to use the Theatre and shall be accompanied by the fee
established by resolution of the City Council. The application shall be
submitted on forms provided by the Community Services Department, all
requested information shall be provided and an individual authorized to
bind the applicant shall sign the application. The applicant shall clearly
specify the requested dates and times for use of the Theatre and describe,
in detail, the production to be presented as well as the technical, artistic
and support personnel to be involved in the production.
(B) In the event that the City Council has authorized use of the Theatre by a
Third Party pursuant to the provisions of Section 3, the Third Party shall
submit the information required by Subsection (A) within fifteen days
after the action by the City Council but is not otherwise required to
comply with the procedures specified Subsection (A).
5. CONDITIONS
All use of the Theatre shall be subject to strict compliance with this Policy, the
application submitted, the "House Rules' (Exhibit A) and the terms and conditions of
the Special Event Permit and License Agreement (Permit). The House rules and the
Permit shall be provided to the applicant when the application is filed. In addition,
each Permittee shall strictly comply with the following conditions:
(A) The Theatre shall not be used, or open for use, by any person before 8:00
a.m. or after 11:30 p.m. on any day.
3.
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(B) The Permittee shall take all reasonable steps to ensure that all users
respect nearby residents by minimizing noise, parking and other impacts.
(C) The Permittee shall use the property, the Theater and the Theatre
Equipment with due care and in a manner that avoids any damage, any injury to
any person, and minimizes wear and tear.
(D) The Permittee shall comply with all applicable laws and shall take all
reasonable steps to ensure that guests and invitees also comply with all
applicable laws.
(E) The Permittee shall fully and immediately comply with all requests of the
Community Services Director and the Chief of Police or their employees.
6. FEES
Use of the Theatre by any Third Party shall be subject to the payment of fees to
the City for the use of the Theatre (Property Fee) and to the Friends, to the extent
applicable, for use of the stage and sound equipment (Equipment Fees) and
skilled personnel qualified to operate the Equipment (Operator Fees). The
Property Fee, Equipment Fees and Operator Fees are as specified in the Fee
Schedule (Exhibit B). The Community Services Director may waive all or a
portion of the Property Fee upon request and a showing of good cause. The
Community Services Director shall collect, and remit to the Friends, any
Equipment Fees and /or Operator Fees.
Adopted - May 22, 2001
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LICENSE AGREEMENT AND SPECIAL EVENT PERMIT
NEWPORT THEATRE ARTS CENTER
This License Agreement and Special Event Permit (Permit) to use the Newport Theatre
Arts Center (Property) located at 2501 Cliff Drive is issued to
(Permittee) by the City of Newport Beach (Owner) and is subject to the following terms
and conditions.
1. APPLICATION /EFFECTIVE DATE.
(a) Effective Date. This Permit shall, assuming compliance with subsection (b),
be effective when signed by the Permittee and executed on behalf of the
Owner.
(b) Condition to Use. Subject to the rights of the Friends of the Newport
Theatre Arts Center (Manager), Owner will not authorize possession of the
Property by any other person during the period that Permittee is entitled to
use the Property provided Owner receives a fully executed Permit and all
required fees and charges when due.
2. SCOPE OF PERMIT.
(a) Property. This Permit authorizes Permittee to use the Property at the
dates and times (Use Period), and for the specific performances /events,
including any required rehearsals (Performances) described in the
application or equivalent in the event that Permittee is designated by the City
EXHIBIT B 7
(c)
Council (Exhibit A). Permittee's right to commence or continue use of the
Property during the specific Use Period is contingent on strict compliance
with the terms and conditions of this Permit, Council Policy 1-6 (Exhibit B),
the House Rules (Exhibit C) and the requests and instructions of the
Manager. Permittee's right to use the Property is limited to those areas
specified in the House Rules. Permittee shall not access or use those areas
that are secured and reserved for use by the Manager such as the kitchen,
set construction area and set/costume storage area. Owner is providing the
Property "as is" and Owner's sole obligation with respect to the condition of
the property is to provide janitorial service and utilities.
(b) Equipment. The Manager has installed equipment, such as stage
equipment, stage lighting, a sound system and other property related to the
operation of the Theatre (Equipment). Permittee may use the Equipment
during all Performances subject to compliance with the terms and conditions
of this Permit and the House Rules, the payment of all Equipment/Operator
Fees (Exhibit D) and compliance with all instructions and requests of the
Manager related to use of the Equipment. Permittee shall use Equipment
Operators designated by the Manager unless the Manager has consented to
personnel provided by Permittee. Permittee shall be required to
demonstrate to Manager that any person designated by Permittee to operate
the Equipment has the requisite skill and experience to operate the
Equipment. Permittee shall provide Manager with all Equipment Operator
needs and requirements no less than forty -five (45) days prior to the first
Performance.
Manager Meeting. Permittee shall, no less than five (5) days after the
effective date of this Permit, meet and confer with Manager relative to the
use of the Property, the Equipment and any other matter that will promote
cooperation and ensure good communication between Manager and
Permittee.
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3.
4.
(a)
PERMIT FEES AND CHARGES.
Property Fee. The fees for use of the Property shall be $300.00 for each
day, or portion of a day, that Permittee is authorized to use the Property
unless the Community Services Director or City Council waive all or a portion
of the fee.
(b) EauipmenUO -perator Charges. The fees for use of the Equipment and
(c)
(a)
(b)
(c)
Operators provided by Manager have been established by the City Council
and are attached as (Exhibit D).
Secures Deposit. Permittee shall deposit the sum of $ 750.00 with the
City unless the Community Services Director or City Council modifies the
amount. City shall refund the security deposit to Permittee within ten (10)
days after the Use Period less any sum required to repair Permittee's damage
to the Equipment or Property.
PAYMENT OF FEES AND CHARGES.
Property Fee. Permittee shall pay twenty-five percent (25 %) of the total
Property Fee on the effective date of this Permit and the remainder of the
Property Fee at least fourteen (14) days before the first date of the Use
Period.
Theatre Equipment Charges. Permittee shall pay fifty percent (50 %) of all
anticipated Equipment/Operator Fees no less than thirty (30) days before the
first date of the Use Period and the remainder at least fourteen (14) days
before the first date of the Use Period.
Timelv Payment. This Permit shall terminate if Permittee fails to pay
any fee or charge on or before the date due.
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(d) Refund. Permittee shall receive a full refund of all fees and charges
paid if Permittee provides notice of cancellation of this Permit no less than
fourteen (10) days prior to the first date of the Use Period.
(e) Form of Payment. All payments shall be in the form of certified or
cashier's checks payable to the City of Newport Beach.
(g) Waiver. Owner reserves the right to waive or reduce the Property fee
with respect to use of the Theatre by any Permittee.
S. ADMISSION.
(a) Tickets. Admission to any performance on the Property shall be by ticket or
authorized pass only.
(b) Ca aci . The capacity of the Theatre is 90. Permittee shall not permit the
sale or distribution of tickets or passes in excess of the seating capacity of the
Theatre.
6. PROMOTIONAL MATERIAL.
(a) Display Areas. Permittee will not post or allow to be posted any signs, cards
or posters except in a display area provided by Owner. Use of the display
area is a non - exclusive right.
(b) Submittal. Permittee shall submit the contents of any program, playbill or
similar matter to be distributed or sold to the audience at any Performance to
Owner for review and approval at least ten (10) days prior to the first
Performance.
(c) Content. The copy for all printed material to be used to promote
Performances on the Property shall be accurate in all respects. Promotional
material shall clearly state that Permittee is solely responsible for the
Performance.
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7. CONCESSIONS AND MERCHANDISE.
(a) Concessions. Permittee shall have the exclusive right to serve or sell food
and beverages in those areas designated by the Owner. Permittee shall sell
food and beverages only to persons who have purchased tickets or been
given passes to attend the performance. In no event shall Permittee sell food
or beverages to a greater number of persons than can attend a single
performance without the express written consent of the City Manager.
(b) Merchandise. Permittee may sell merchandise, such as programs, books,
audio or video recordings, souvenirs, mementos and photos, directly related
to Permittee or the performance presented by Permittee provided that
Permittee has the legal right to do so. Permittee shall sell this merchandise
only in locations designated by the Owner. Permittee shall pay appropriate
sales tax on all merchandise sold from the Property.
8. INSURANCE.
(a) Liability Insurance. Permittee shall maintain general liability insurance
including bodily injury and property damage with a minimum coverage of
$2,000,000.00 per occurrence or, in the alternative, shall secure liability
insurance through Owner's special event liability insurance policy,
(b) Worker's Compensation. Permittee shall secure workers compensation
coverage in accordance with the statutory laws of the State of California and
secure coverage with a minimum amount of $1 million per occurrence for
employer's liability coverage.
(c) Additional Insured. City and Manager shall be designated as additional
insureds on the general liability insurance policy.
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(d) Certificates. Permittee shall provide endorsements or certificates of
insurance evidencing all required coverage no less than thirty (30) days prior
to the first date of the Use Period. Certified copies of all policies shall be
furnished at the Owner's request.
9. USE OF PROPERTY
(a) Alterations. Permittee shall not alter, modify repair or replace the
Property, any structure on the Property or any Equipment. Permittee may
install sets, stage equipment or related items that are directly related to the
performance or any authorized sale of food, beverages or merchandise.
Permittee shall remove all sets, equipment and items placed in or on the
Property within twenty-four (24) hours after the last date of the Use Period and
restore the Property to its condition immediately prior to use by Permittee.
Owner may remove and store, at Permittee's expense and risk, any sets,
equipment or personal property that Permittee fails to remove from the
Property as required by this Permit. Permittee will pay on demand the cost of
removal and storage, including a reasonable charge for property stored in City
facilities, and the cost of any other loss or damage sustained by the Owner
because of the Permittee's failure to comply with this subsection.
(b) Safety. Permittee shall strictly comply with all fire protection ordinances,
laws and regulations. Permittee shall not use or authorize use of any
pyrotechnic device or open flame on the Property. All fire aisles and exits shall
be kept clear of equipment and people. No smoking is allowed anywhere in
the Theatre including dressing rooms. Permittee's failure to strictly comply
with any fire safety rule, ordinance or law shall result in the automatic
revocation of this Permit and Permittee's use of the Property shall immediately
terminate.
(c) Condition /Reimbursement. Permittee shall keep and maintain the Property
and Equipment in the same condition as when Permittee first entered the
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Property. Permittee shall pay, on demand, for all damages or injury done to
the Property premises by Permittee or the Permittee's officers, employees,
volunteers, agents, patrons, guests and invitees. Permittee shall also pay, on
demand, for the costs of replacing of re- balancing any monitor or speakers
that have been relocated or handled by Permittee.
10. PERMITTEE'S WARRANTIES
(a) Authorizations. Permittee warrants that, no less than forty -five (45) days
prior to any Performance on the Property pursuant to this Permit, Permittee
will obtain all necessary authorizations and approvals with respect to the use
of patented, trademarked or copyrighted music, materials, devices, or other
protected property. Permittee also warrants that Permittee will not violate or
infringe on any right for which a license or other authorization is required by
statutory or decisional law. Permittee shall provide Owner and Manager with
proof of compliance with the Subsection no less than forty-five (45) days prior
to the first date of the Use Period.
(b) Compliance with Regulations. Permittee shall comply fully with all laws, rules,
policies and regulations governing the Property as well as Permittee's use of
the Property and Equipment. Permittee shall also comply with all orders of
any public agency that is issued to protect the health, safety or welfare of the
public.
11. OWNER'S RIGHTS
The Owner retains the right to cancel, delay, or interrupt any performance to prevent
injury to persons in or on the Property or damage to the Property or Equipment.
When feasible, Owner shall consult with Permittee prior to taking such action. Owner
shall not be liable for any consequential damages incurred by Permittee as a result
of the cancellation, delay or interruption of any performance.
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12. DEFAULT BY PERMITTEE
(a) Owner's Right to Take Possession. Owner may, without notice to the
Permittee or process of law, declare this Permit void and take exclusive
possession of the Property in the event Permittee violates any of the terms or
conditions of this Permit, City Council Policy 1 -6, or any provision of the
Newport Beach Municipal Code (Default). In addition to the right of revocation
and immediate possession, Owner may enforce all available legal rights and
remedies in the event of a Default by Permittee. In the event Owner revokes
this Permit and takes immediate possession of the Property, Permittee shall
have no further claim to the Property and Permittee shall have no claim
against the City for damages.
(b) Permittee's Prone . Permittee is responsible for the expenses the Owner
incurs in removing any of Permittee's property from the Property and waives
any right or claim for damages to the property while it is being removed or
stored by the Owner.
(c) No Waiver. Owner's failure to exercise its rights or any delay in
exercising its rights shall not excuse, terminate, or impair any duty or
obligation of Permittee pursuant to this Permit.
13. RIGHT OF ENTRY.
Owner, for itself and the Manager, reserves free access to all parts of the Property
during the time that Permittee is authorized to use the Property. Owner, for itself
and the Manager, also reserves the right at all times to maintain, alter or repair the
Property at any time that Permittee is authorized to use the Property. Owner and
Manager shall, in exercising these rights, use their best efforts to avoid interference
with any performance open to members of the public. Permittee shall not be entitled
to any damages for any injury or inconvenience resulting from the exercise of these
rights by Owner or Manager.
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14. NONDISCRIMINATION.
Permittee shall not, in the exercise of any right granted by this Permit, discriminate
against any person because of race, creed, ancestry, sexual preference, disability,
sex, marital status, age, religion, or national origin. Permittee expressly agrees not
to discriminate against any person or persons on such grounds in connection with
admission, services, or privileges offered to or enjoyed by the general public.
15. ASSIGNMENT.
The rights granted by this Permit are personal and may not be assigned or
transferred to any other person or entity. Any attempt to transfer or assign this
Permit shall cause this Permit to be null and void.
16. LIMITATION ON LIABILITY
(a) Permittee. Neither Owner nor Manager shall be liable to the Permittee for
any consequential damages that are in any way related to any performance
or event presented or to be presented by Permittee. The non - liability of
Owner and Manager includes, without limitation, any consequential damage
proximately caused by any act or omission by Owner or Manager or their
respective officers, employees or agents, any defect in the Property or any
failure to maintain the Property. Permittee shall, as Permittee's sole right
and remedy, be entitled to a refund of any Property Fee paid for the day or
days that the performance(s) or event was presented or was scheduled for
presentation.
(b) Third Parties. Neither Owner nor Manager shall be liable to the Permittee
for any damages arising from the activity of third parties including, without
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limitation, any loss, damage, injury, or other casualty to the Permittee's
officers, agents, employees or property.
(c) Permittee's Property. Neither Owner nor Manager shall be liable for the
loss, theft or damage to Permittee's property unless proximately caused by
the negligent or willful act or omission of the agents, officers or employees of
Manager or Owner.
17. INDEMNIFICATION.
Permittee shall defend, indemnify, and hold harmless Owner and Manager, and their
respective employees, officers and agents from and against all claims or damages
that are in any way related to Permittee's activities pursuant to this Permit or from
Permittee's Default. Permittee's obligations pursuant to this Section do not apply to
claims or damages that are proximately caused by the willful misconduct, fraud or
violation of law of /by any officer, agent or employee of Manager or Owner.
18. ENTIRE AGREEMENT
This Permit constitutes the entire understanding between the parties. This Permit
may not be altered or modified except in writing approved the Community Services
Director and Permittee. No contractual or special relationship has been created
between the Owner and the Permittee as a result of any prior discussions,
negotiations, or communications between the parties. Permittee agrees that
Permittee does not have any rights or claims related to (i) prior discussions,
communications, and /or negotiations; or (ii) any change of position or contract by
Permittee in reliance on an any statement or communication by Owner.
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19. REPRESENTATIVES OF THE PARTIES.
(a) Notices /Owner. The Community Services Director is authorized by Owner
to receive notices or give approvals required by this Permit.
(b) Notices and Approvals: The person(s) authorized to receive notices and
act on behalf of Permittee is (are) identified in the application for Permit..
(c) Representative on Premises. Permittee shall have an authorized
representative on the Property at all times that the Property is being used by
the Permittee in connection with rehearsals or performances.
OWNER: PERMITTEE:
By: By:
Title: Title:
Date: Date:
House Rules
The following rules apply to all use of the Newport Theatre Arts Center
(Theatre) by any Third Party using the Theatre.
1. THEATRE USE
The right to use the Theatre includes only the main theater consisting of the 90
seat auditorium and stage, "green room", entry lobby and public restrooms, box office
area, two downstairs dressing rooms and bathroom, all access ways, parking area and
exterior grounds. In no event shall Permittee use any office equipment or telephones
owned by the Friends of the Newport Theatre Arts Center (Manager), the kitchen/office
maintained by the (Manager), backstage workroom, or costume, prop and set storage
moms. Use of these areas is non - exclusive and Manager's agents may also occupy the
designated areas provided they do not interfere with Permittee's use of the Theatre or the
production. Only technical personnel approved by the Manager are allowed to enter the
tech booth.
2. MANAGERS PROPERTY/EQUIPMENT
Permittee shall not use Manager's tools, costumes, props, or sets. Permittee may
use the telephone provided by the City.
3. SUPERVISION
Access to, and use of, the Theatre shall be pursuant to the supervision of a Stage
Manager or House Manager designated by the Manager.
4. MARQUEE
Permittee is to provide the layout for inclusion of text in the marquee and
Manager approved personnel will install the lettering or supervise the installation by
Permittee. Only layouts that utilize existing Theatre lettering will be allowed. The
marquee will be available to Permittee only during the Use Period.
4. CLEANING
The carpeted areas and seats in the Theatre must be completely covered by
Permittee during any set construction, painting or other work on the stage or in the
auditorium area to protect those facilities against dust and damage. At the conclusion of
the Use Period, Permittee shall return all facilities and equipment to the condition
immediately prior to use by Permittee.
EXHIBIT C /�
SOUND MONITORS
The sound monitors are permanently located and Permittee shall not move or
relocate the monitors.
6. FOOD BEVERAGES
Food or drink is permitted only in the lobby. No food or drink may be taken into
the auditorium. Permittee shall consult with Manager, and receive Manager's approval,
prior to any sale or distribution of food or beverages on or from the Theatre.
BOX OFFICE PERSONNEL
Permittee shall provide box office personnel as well as tickets and/or reservation
services. Permittee shall also provide any security or admission personnel. Manager
may be able to supply box office personnel if Permittee makes a timely request and pays
required fees.
DECORATIONS
Permittee shall not use confetti, glitter, spray paint, liquid paint, burning objects
or helium balloons on the property. Permittee shall obtain Manager's approval of a
decorating plan prior to installing any decorations.
9. DRESSING ROOMS
The dressing rooms are reserved for the use of the actors and stage personnel. In
no event shall the dressing rooms be used for entertainment of guests or the storage of
equipment. Smoking and alcohol are prohibited in dressing rooms.
10. RIGHTS AND ROYALTIES
Permittee shall provide evidence that they have applied for the rights to stage, at
the Theatre, the production described in the application for permit and that all required
royalties and rentals have been paid. In no event shall Permittee be allowed access to the
Theatre without providing proof of rights and royalties. Permittee shall not film or
reproduce any production unless and until Permittee provides evidence that publisher or
owner of the performance rights has given express permission to do so.
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FEESCHEDULE
Effective May 1, 2001 through July 31, 2002.
1. Lighting Designer to hang, focus and program lights - $300.00 - $500.
-or-
Lighting Technician who will program existing hanging lights only and operate lights
for shows - $25.00 per hour with 3 hr. minimum.
2. Sound Designer to place sound equipment in locations, adjust microphones and
program equipment, etc. $250 -400
3. Additional technicians to operate lights and/or sound equipment during performance -
- each $20.00 per hour w/ 3 hr. minimum.
4. Stage Manager who will monitor backstage activities and assist with matters
involving use of stage and curtain only $20.00 per hour with 3 hr. minimum
6. House Manager who will monitor front of house, direct ushers and assist with matters
involving front of house only $18.00 per hour with 3 hr. minimum
7. Ushers - $15 per usher per show, from 30 minutes before performance thru
intermission
8. Lamp and lighting equipment use, including dimmer packs, computers, light board,
hanging fixtures, lamps and gels - $30 per hour or part of hour, including
programming time, as well as running time for show. Rate to be $36 per hour if both
lighting and sound equipment are used.
9. Permittee reimburse the City or Manager for all charges or costs associated with
services requested by Permittee. No charge for use of small piano other than tuning
charge if user wants piano tuned. Small piano moving and replacement to original
location to be done by Permittee.
10. Property Fee is $300.00 per day.
EXHIBIT D a -a
i Newocrt u' 1 1
,4
May 13, 2001
Mayor Garold B. Adams
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Dear Mayor Adams:
We are pleased to report that the launching of Newport Beach Theater Company (NBTC) was a
success, allowing us to begin planning for our 2001 -2 season. In that regard, we have had an
opportunity to review the proposed City Council Policy regarding the Newport Theater Arts
Center, and specifically its provision for three "reserved periods" each year.
Although the Council has not yet adopted the policy, we look forward to its acceptance and are
therefore requesting to use the Newport Theater Arts Center during the reserved period dates of
August 14a' — 27'x' and December 1 e — 31& 2001 and April 234 — May 6' 2002 as previously
arranged.
The proposed policy calls for organizations to complete an application to be filed with the
Community Services Department; however, we have been informed that the new application is
unavailable. Therefore, please accept this letter in lieu of that document.
The Newport Beach Theater Company believes it meets the criteria for permitted use of the
theater based on the following.
(1) NBTC will use the theater solely for the production of live theatrical performances
utilizing children and youth actors.
(2) The overwhelming majority of NBTC's Board of Directors and acting talent are Newport
Beach residents.
(3) NBTC's Board of Directors and Officers have extensive skills and experience in
managing live theatrical performances such as Annie, Wizard of Oz, Pirates of Penzance,
Annie Warbucks and numerous others.
TAI! 14AV1744.1 I1Af, 1FAW1 MAW 7•564AA�PA
FXHTBIT E 0Z 1
Mayor Garold B. Adams
May 13, 2001
Page 2
We plan to attend the City Council meeting on May 22, 2001 to answer any questions you may
have and present the Council with a symbolic theater ticket, during the public comments period,
to demonstrate our appreciation for the Council's support of children's theater in Newport.
Sincerely,
I �[�G✓
Linda Safi-an
President
cc: Tod Ridgeway, Council Member
Steven Bromberg, Council Member
Norma Glover, Council Member
John Heffernan, Council Member
Dennis O Neil, Council Member
Gary Proctor, Council. Member
Homer Bludau, City Manager
Robert Bumham, City Attorney
LaDonna Kienitz, Community Services Director
TMt (QAQI afi(:b-V9)A C Fwta #QA41 'lnCl.la�ld
1
Dear Mayor Adams:
We are pleased to report that the launching of Newport Beach Theater Company (NBTC) was a
success, allowing us to begin planning for our 2001 -2 season. In that regard, we have had an
opportunity to review the proposed City Council Policy regarding the Newport Theater Arts
Center, and specifically its provision for three "reserved periods" each year.
Although the Council has not yet adopted the policy, we look forward to its acceptance and are
therefore requesting to use the Newport Theater Arts Center during the reserved period dates of
August 14a' — 27h and December 18a' — 31' 2001 and April 23`d — May 60' 2002 as previously
arranged.
The proposed policy calls for organizations to complete an application to be filed with the
Community Services Department; however, we have been informed that the new application is
unavailable. Therefore, please accept this letter in lieu of that document.
The Newport Beach Theater Company believes it meets the criteria for permitted use of the
theater based on the following.
(1) NBTC will use the theater solely for the production of live theatrical performances
utilizing children and youth actors.
(2) The overwhelming majority ofNBTC's Board of Directors and acting talent are Newport
Beach residents.
(3) NBTC's Board of Directors and Officers have extensive skills and experience in
managing live theatrical performances such as Annie, Wizard of Oz, Pirates of Penzance,
Annie Warbucks and numerous others.
Two: 14A41 Z9C41 �lAfi Fax: 14A417�9C41 A9d
�r.iu,n �j n/r�. L?11'1
VV UvJu L -�t�. L,c.i��G=d
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Newwrt Beach Theater Company
36 RocklnQham Drive, Newnort Beach CA 92660
0
-n G
'Tl
May 13, 2001
0C') o
CD
rn
Mayor Garold B. Adams
=�
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Dear Mayor Adams:
We are pleased to report that the launching of Newport Beach Theater Company (NBTC) was a
success, allowing us to begin planning for our 2001 -2 season. In that regard, we have had an
opportunity to review the proposed City Council Policy regarding the Newport Theater Arts
Center, and specifically its provision for three "reserved periods" each year.
Although the Council has not yet adopted the policy, we look forward to its acceptance and are
therefore requesting to use the Newport Theater Arts Center during the reserved period dates of
August 14a' — 27h and December 18a' — 31' 2001 and April 23`d — May 60' 2002 as previously
arranged.
The proposed policy calls for organizations to complete an application to be filed with the
Community Services Department; however, we have been informed that the new application is
unavailable. Therefore, please accept this letter in lieu of that document.
The Newport Beach Theater Company believes it meets the criteria for permitted use of the
theater based on the following.
(1) NBTC will use the theater solely for the production of live theatrical performances
utilizing children and youth actors.
(2) The overwhelming majority ofNBTC's Board of Directors and acting talent are Newport
Beach residents.
(3) NBTC's Board of Directors and Officers have extensive skills and experience in
managing live theatrical performances such as Annie, Wizard of Oz, Pirates of Penzance,
Annie Warbucks and numerous others.
Two: 14A41 Z9C41 �lAfi Fax: 14A417�9C41 A9d
Mayor Garold B. Adams
May 13, 2001
Page 2
We plan to attend the City Council meeting on May 22, 2001 to answer any questions you may
have and present the Council with a symbolic theater ticket, during the public comments period,
to demonstrate our appreciation for the Council's support of children's theater in Newport.
Sincerely,
Linda Safi-an
President
cc: Tod Ridgeway, Council Member
Steven Bromberg, Council Member
Norma Glover, Council Member
John Heffernan, Council Member
Dennis O'Neil, Council Member
Gary Proctor, Council Member
Homer Bludau, City Manager
Robert Burnham, City Attorney
LaDonna Kienitz, Community Services Director
Tn /: (4d417,9c41r1df, Fax: /4d4179c41d(Id
Mayor _q%
Garold B. Adams
Mayor Pro Tem
Tod W. Ridgeway
Council Members
Steven Bromberg
Norma J. Glover
John Heffernan
Dennis D. O'Neil
Gary L. Proctor
CITY OF NEWPORT BEACH
OFFICE OF THE MAYOR
(949)644-3004
August 21, 2001
«Name»
«StreetAddress»
«CityStateZip»
«ExtraLine»
Dear «Salutation»:
Several months ago you contacted the City Council regarding the Newport
Theatre Arts Center. The entire Council appreciated the extensive amount of
communication we received regarding the Theatre. On behalf of the Council,
please allow me to sincerely apologize for the amount of time it has taken us
to respond to you formally.
As you may know, in May of this year the City was able to reach an
agreement with the Friends of the Newport Theatre Arts Center ("Friends")
that accommodates both the Friends' needs and the needs of other
community theater groups. This compromise included:
Providing for a 20 -year term for the Friends' use of the Theatre;
The designation of three 2 -week long "reserved" periods where the
Friends would allow other drama groups (as selected by the City's
Community Services Director) to use the Theatre; and
Directing the City to repair and maintain the Theatre structure (according
to budgeted resources) and to pay for utility costs.
I believe that the negotiated compromise allows the Theatre to be enjoyed by
all who treasure it as a community resource. Thank you again for
communicating with the City and thanks, too, for your patience in waiting for a
response.
Sincerely,
GAROLD B. ADAMS
Mayor of Newport Beach
cc: Members of the Newport Beach City Council
Homer Bludau, City Manager
City Hall • 3300 Newport Boulevard 9 Newport Beach, California 92663-3884
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The Allergan Foundation
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1755 E. Ocean Blvd.
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179 E. 17th Street, #101
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35 Burning Tree Road
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