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HomeMy WebLinkAbout12386 ;. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. /..?:?~ I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE i EXECUTION OF AN AGREEMENT lfllil'H SAN BERNARDINO PAGEANT ASSOCIATION ! RELATING TO THE SAN BERNARDINO HISTORICAL PAGEANT. I i i OF I BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is i I, authorized and directed to execute on behalf of said City an !!agreement with San Bernardino Pageant Association relating to the Ii I San Bernardino historical pageant, a copy of which is attached II 'I hereto , marked Exhibit "An and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at ~//?~~/h~L~ ~'~h/ meeting thereof, held on the /-PAh/ day of ~;7' , 1976, by the following vote to wit: AYES: Councilmen 4?~~ &'4/",hh/ f~7?A{ "~~477/777.A"'#.. "~~~,, ;;d~k., ~./'~_jM ~077~ l/~ NAYS: ABSENT: , The foregoing resolution is fl' '"'\ / ,; ,_.*,;#,&:)~, 4dc . ~ - City Cl rk , hereby approved . s --<-?nt, / day of /jp."p , 1976. an Bernardino Approved as to form: FILED 'APi 19 1976 ~4~~~~ I[ " ! " 1 I' 2 II I 3 4 5 6 7 8 9 10 11 12 13 1-4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A G R E E MEN T (San Bernardino Pageant Association - historical pageant) THIS AGREEMENT is made and entered into this A'~~ day of ~/j1 , 1976 by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called "City", and the SAN BERNARDINO PAGEANT ASSOCIATION, an unincorporated association, hereinafter called "Association". WIT N E SSE T H: WHEREAS, the Association has been established for the purpose of developing and presenting an annual outdoor pageant depicting the special role which the San Bernardino area played in the early history of California; and WHEREAS, the Association has requested that City assist in the physical preparation of the pageant site and to advance the total sum of twelve thousand dollars ($12,000.00) to be used exclusively to supplement Association resources in the preparation for and the presentation of the pageant; and WHEREAS, the City is willing to advance the requested funds to assist in financing activities for the San Bernardino Historica Pageant, which is being promoted by Association and the City's Bi-Centennial Commission as an important part of the united States Bi-Centennial celebration of City; and WHEREAS, this funding by City will promote the interests and image of City and of City's citizens, NOW, THEREFORE, in consideration of the agreements, covenants, conditions, promises, and legal detriments herein con- tained, the parties hereto agree as follows: 1. City shall advance to Association the total sum of 21 22 2;3 24 25 1 twelve thousand dollars ($12,OOO.OO),which sum shall be deposited 2 in a special checking account at the Main Branch of the Bank of 3 America in San Bernardino and shall be expended only upon author- 4 ization of the Board of Directors of Association pursuant to 5 actions taken by the Board in regular meetings thereof for the 6 purpose of preparing, promoting and presenting the Historical 7 Pageant as a part of the Bi-Centennial celebration of City. 8 2. The funds provided to Association pursuant to the pro- 9 visions of this agreement shall be used for the purposes set 10 forth on Exhibit "I" attached hereto and incorporated herein by 11 reference as though set forth at full and at length. 12 3. Association shall charge reasonable admission fees to 13 the planned pageant and shall reimburse the City for funds 14 advanced hereunder on a pro-rata basis with any other parties who 15 may have advanced funds to the Association for purposes of the 16 pageant. This reimbursement shall be limited to the extent that 17 the revenues from the pageant exceed the expenses incurred by 18 Association in connection with the pageant. 19 4. City shall assist Association in the preparation of the 20 proposed site of the pageant at Blair Park and in the preparation of parking areas and other physical facilities in the vicinity of the park proposed for use in connection with the pageant. 5. ~.l~A 15 h day of This agreement shall be effective on the ~~ day of , 1976, and shall continue in effect until the August, 1976, and all disbursements required here- 26 under shall be made within said period unless this agreement is 27 terminated as hereinafter provided. 28 6. Association shall submit, at such times and places as -2- I' [! I , L " i' i' 1 2 limay be requested by the Director of Finance of City, a progress l' i' II' accounting of the expenditures and proposed expenditures of said I, funds including the amounts and purposes for which the said funds ,I 'I have been spent or Obligated. i 7. City shall not be liable for any other or additional I' I[expenditures of funds pursuant to the provisions of this agreement l! Ilunless such expenditures are specifically budgeted or approved by I, II the Mayor and Common Council. )) i 8. Should the Association fail to comply with any term, I Icondition or provision of this agreement or to expend or use the 3 4 5 6 7 8 9 10 11 12 funds as herein provided, the City may terminate this agreement by giving written notice to Association and thereupon this agreement 13 shall I shall terminate forthwith. Under such circumstances Association 14 return all unexpended funds to City, and City shall be under 15 no further obligation to Association hereunder. 16 9. Association hereby agrees to, and shall, hold City, 17 its elective and appointive boards, commissions, officers, agents 18 and employees harmless from any liability for damage or claims 19 for damage for personal injury, including death, as well as from 20 claims for property damage and all other claims which may arise 21 from Association's operations, whether such operations be by 22 Association or by anyone or more persons directly or indirectly 23 employed by or acting as agent for Association. Association 24 agrees to and shall defend City and its elective and appointive 2S boards, commissions, officers, agents and employees from any suits 26 or actions at law or in equity for damages caused, or alleged to 27 have been caused, by reason of any of the aforesaid operations. 28 10. Association is in the process of incorporating as a -3- 1 not-for-profit corporation, and it is agreed that upon the com- 2 pletion of the incorporation, Association shall have the right to 3 assign all of its rights and duties hereunder to said not-for- 4 profit corporation. Thereafter, this agreement shall not be 5 assignable by the parties hereto without the prior written consent 6 of the other party. 7 i 11. All notices herein required shall be in writing and 8 !delivered in person or sent by certified mail, postage prepaid, I 9 addressed as follows: 10 11 12 City of San Bernardino Ci ty Hall 300 North "0" Street San Bernardino, California 92418 13 14 15 San Bernardino Pageant Association Dennis Wardle, President c/o San Bernardino County Recorder's Office 5th Floor Courthouse Addition San Bernardino, California 92401 16 IN WITNESS WHEREOF, the parties hereto have executed this 17 agreement on the date hereinabove written. ATTEST: 18 0 19 Mayor 20 y 21 22 23 24 SAN BERNARDINO PAGEANT ASSOCIATIO~ an Unincorporated Association By ~7tJ~ Title fl<fE:Sf Pr=!J7 25 26 27 28 -4- , , : " PROPOSED 1976 FORECAST OF INCOME SAN BERNARDINO PAGEANT ASSOCIATION 1 day rehearsal June 28, 1976 " 5 performances - June 29, 30 and July 1,2,3 " Anticipated attendance'with open seating Tickets Distribution - $5.00 Family ticket (Assuming 4 in average family) $5 X 700 families (2,800 people) $2.00 Adult Tickets X 5,000 $1.00 Student Tickets X 2,200 $3,50Q 10,000 2,200 10,000 people $15,700 less incentive reimbursement (25%) Anticipated Gross ticket income per night' 5 Performances (3,925) $11 ,775 X 5 $58,875 Anticipated Income from Ticket Sales Other Source of Funds 1. Support by the City of San Bernardino 2. Souvenir Program Sales at $1.00 each 3. Contributions ~o the" pageant Association 4. Booklet - History of San Bernardino 5. Sale of Recorded Pageant Music 6. Concession stand revenue . irA;4i ../" ~' PROPOSED 1976 BUDGET OF EXPENSES SAN BERNARDINO PAGEANT ASSOCIATION Grading Anticipated Anti ci pated Cos ts if we Costs after had to pay Donated all bills Work $35,000 $ 8,500 * . 12,000 5,000 1,500 0 1,500 0 5,000 2,500 * 5,000 0 20,000 0 Description Sound System Lighting System Stage Paving Stage Buil dings Composing and Music Writing Orchestra and Recording (5 ~ays ~f:practice and 1 day recording) Choral Group (5 days of practice and 1 day of recording) Producers 2 weeks May 4 weeks June 2 weeks July 10,000 o liability Insurance Parking Costs Crowd Control 3,000 3,000*- 1,000 _ _ 1,000 1,000 1,000 500 500 'k 1,000 1,000 *. 2,000 2,000 750 500 * 500 500 750 0 1,000 1,000 100 100 * 250 250 * 500 500 Wagons - Prop rental Special Costumes Ticket Printing by Day Promotion Photos, Posters, etc. Chairs and Bleachers . Portable Lavas Telephones - Office lipes Postage;and Office Materials Trailer for Dressing Rooms ',' Reimbursement of Miscellaneous expenses to Pageant Directors Clean up of pageant site 1 ,000 1,000 $104,350 1,000 ,. .- 1,000 $ 29,350 , - *The asterisk indicates money required by April 1st for deposits on equipment and other expenses that will be incurred immediately. Thank you for your consideration. Prepared by: Finance & Development Committee San Bernardino Pageant Associatiol ,