HomeMy WebLinkAboutReso 1989-15252-A RESOLUTION NO. 15252-A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION
AND AUTHORIZING INDEMNIFICATION AGREEMENT WITH ROHR
INDUSTRIES FOR THE USE OF THEIR PARKING FACILITIES, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City, in conjunction with the San Diego
Unified Port District, is planning to host the San Diego Symphony
Pops Orchestra for a concert at Marina View Park on Sunday,
August 27, 1989.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and THE SAN DIEGO
SYMPHONY ORCHESTRA ASSOCIATION for a symphony concert on Sunday,
August 27, 1989, dated the 15 day of August , 198 9, a
copy Of which is attached hereto and incorporated herein, the
same as though fully set forth herein be, and the same is hereby
approved.-~c
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized to enter into an Indemnification Agreement with Rohr
Industries for use of its parking facilities in connection with
the symphony.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreements for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
tor Ruth M. Fritsch, Deputy City
of Parks and Recreation Attorney
6087a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ChdLA VISTA, CALIFORNIA, this 15 day of August
19 89 , by the following vole, to--wit:
AYES: Counci]members Moore, McCandliss, Nader, Cox, Malcolm
NAYES: Counc i ] members None
ABSTAIN: Counci]members None
ABSENT: Counci ]membe~-s None
the dtyMo of Chulo Vista
Acting /Cit);"Clerk
S ....E OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY thor the above and foregoing is o full, true and correct copy of
RESOLUT[0N N0. 15252-A ,and that the some has not been amended or repealed
DATED
City Clerk
CC-660
SAN DIEGO SYMPHONY
Symphony H~I · 1245 S~n~h ~nuc · San Diego. CA 92101 · (619) 6~42~ · Fa~imilc (619) ~4~7
THIS AGREEMENT between the San Diego Symphony Orchestra Association, a
not-for-profit corporation t'ncorporated under the laws of the State of
California (herein called the "Symphony"). and:
City of ChH]a Vista
(herein called the "Presentor"), WITNESSETH:
1. ENGAGEMENT. In consideration of the .mutual promises herein set forth,
the Symphony agrees to furnish and the Presentor agrees to hire the services
of the San Diego Symphony Orchestra for -one- concert(s) to
be given on:
Day of Week Date Hour
Sunday August 27, 1989 7:00 P.M.
at:
Name of Facility Add__r~s__s
Marina View Park ~ula Vista
Except as otherwtse speciftcally agreed to in writing, the selection of the
progr.m..ny soloist. and shall b.
at the sole discretion ofr o Symphony
to furnish particular music or other matter of persons (including the
conductor) shall not be deemed a waiver or relinquishment of this power.
g. PAYMENT. The Presentor shall pay to the Symphony the amount of:
} 20,000 (twenty thousand dollars)
A deposit of
$ 2~000 (two thousand dollars) shall be required on execution of
contract, leaving a balance due of:
$ 18mOOq_(etghteen thousand dollars)
Payment fo~ each c~ncert shall be in lawful money of the United States by
certified check on or before the day of the concert. On failure to pay, the
total amount for all concorts shall then become due and owing. Time is of the
essence to the provisions of this paragraph.
3. THE SYMPHONY SHALL PROVIDE:
SEE ADDEtJDUM Am PAGE 6 OF THIS CONTRACT
4. FACILITIES. The Presentor shall provide at its expense the above named
factlity(tes) at the time(s) indicated, properly heated, ventilated, lighted,
clean and in good order, equipped with a stage or platform large enough to
seat the Orchestra conveniently and comfortably, ~I41~)e.X)~I~Rt)C~K~X~(~I~KKX~'
Y~I(~CXaI~X~C~I~<) with adequate dressing rooms for the Orchestra, the
Conductor, and the guest artists, if any, with accessible, adequate space for
instrument cases and baggage, with sufficient personnel to handle equipment,
set the stage, and operate its mechanical, electrical, and other equipment.
When required by the Symphony, the Presentor shall furmiTsh, at its expense,
one or two properly tuned concert grand pianos, as requested.
All of the above shall be to the satisfaction of the Symphony, and shall als~
be provided for any ~ayttme rehearsals requested by the Symphony prior to and
for each concert.
The Presentor, at its expense, shall furnish for performances all ticket
sellers and takers, ushers, special police, attaches and other like personnel,
any licenses and permits .required, tickets of admission and programs, postage
or express charges or printed matter, all other advertising costs, and shall
bear all other expenses in connection with the giving of the concert, to
include: ~
SEE ADDENDUM Am PAGE 6 OF THIS CONTRACT
The Presentor, at its expense, shall provide the Symphony for its library, Ten
(lO) copies of the program for each concert.
S. COURTESY TICKETS. For each concert, the Presentor shall provide, upon
request, up to Ten (lO) complimentary seats to the Symphony and at the
disposal of its management.
6. CREDITS, PROGRAM AND PUBLICITY. The Presentor agrees to dispel)' the name
of the Orchestra, the conductor ~nd any other principals in all advertising
and printed programs in such form as may be prescribed by the Symphony, and to
prin: and distribute house programs from copy furnished by the Symphony, said
copy to be printed in its entirety as furnished. Advance proof of hearse
programs shall be furnished the Symphony,not less than two weeks before the
concert date for the Symphony's approval of page fomat and credits. The
Presentor agrees to promote and exploit the concerts and to make every effort
to secure the largest possible attendance.
7. RESTRICTION. The Presentor agrees that no concert(s) is(are) to be
recorded, broadcast, televised or othen#lse extended beyond the hall without
the prior written consent of the Symphony.
In the event that the Symphony wishes to have the concert(s) recorded,
broadcast, televised or otherwise extended beyond the facility, the Presentor
agrees to make the facility available for the installation, operation and
removal of all necessary equipment and facilities. All costs relative thereto
shall be borne by the Symphony. The Presentor shall not receive any fee,
remuneration or compensation for any such extension of the concert(s).
8. NO DISCRIFIINATIOH. The Presentor agrees that admission to and seating in
the hall shall be without regard to race, color, religion or national origin.
9. PROGRAM CHANGES. The Symphony shall have the right, exercisable solely
at its discretion, as represented by the Judgment and decision of its Music
Director, Conductor or other authorized representative, to change the program
of any concert at any time and for any reason, regardless of any
advertisement, consent or promise of the Symphony, whether contained in
Paragraph One hereof o~ otherwise by removing from the program any music or
other matter to be presented and substituting therefor other music or matter,
and by removing any person, including the Conductor of the concert, persons or
group of persons, except the San Diego Symphony Orchestra itself, and either
substituting therefor other person, persons or group of persons or none at
all, and the Symphony's perfon~ance of the program as so changed shall be
deemed full performance of its engagement and obligations, whether under
Paragraph One hereof or. otherwise', for'the concert which wCuld bAve otherwise '
been performed.
lO. IltoOSSXBILITY OF PERFORMANCE. ! f the performance of any of the covenants
and promises of this Agreement on the part of either the Symphony or the
Presentor shall be prevented by an act of God, force maJeure, fire, casualty,
illness, physical disability, the acts or regulations of public authorities or
labor unions, labor difficulties, lockout, strike, civil tumult, war, riot,
power failure, blackout, air raid alarm, air raid, act of public enemy,
epidemic, interruption or delay of transportation service, or any other cause
of a similar or different nature, beyond its control, the parties shall
respectively be relieved of their obligations hereunder with respect to the
performance so prevented for the period during which such performance shall be
so prevented.
If the presentation of a concert at the time heroi~ spr;ified shall be
prevented for any of the foregoing reasons, the Symphcny shall be under no
obligation to present the concert at a different time, or to compensate the
Presentor for ar,y expenses incurred in connection with such concert, except
that all reasonable effort will be ~n~de to reschedule the concert.
ll. EXCUSE FRO~ PERFORMANCE. Ur, iess the information required in the Addendum
to this Agreement is properly supplied and fully filled ,lut by the Presentor,
the nonarrival of the OrChestra will not relieve the presentor from full
responsibility hereunder.
12. NOTICE. Any notice which is provided to be given under the terms of this
agl'eement must be in writing and may be given personally or by registered
mail, directed to the Symphony at 1245 Seventh Avenue, San Diego, CA 92101,
and to the Presentor at its addre;s as set forth below. Either party may, by
like notice, designate a different address for the serving of notices.
13. MODIFICATION. He modification or waiver of any of the terms of this
Agreement shall be valid unless in writing and executed with the same
for~,allty as this Agreement. Failure of either party to insist I n any one or
w~re instances upon strict performance of any of the terms and provisions on
the other party's part to be performed, shall not be considered as a waiver or
relinquishmerit of any such term or provision for the future, and the same
shall continue in full force and effect.
14. HOLD HARMI. ESS/IT~SURANCE
HOLD HARMLESS: Symphony agrees to indemnify and hold harmless the City, of
Chula Vista against and from any and all damages to property or injuries to or
death of any person o,' ~ersons, including property and employees or agents of
the City, from any and all claims, demands, suits, actions or proceedings of
any kind or nature including worker's compensation claims, of or by anyone
whomsoever, in any way resulting from or arising out of the negligent or
i,tentional acts, errors ot omissions of the Symphony or any of its officers,
agents or employees.
Presen~o ar~ees te~ t ndemni fy an .d~ d harmless the Symphony against arid f~6m ' '
any and damages to propert~ or injuries to or death ~f any person or
persons, including property and employees or agents of the Symphony, from any
and all claims, demands, suits, actions or proceedings of any kind or nature
incl~4ing worker's compensation claims, of or by anyone whomsoever, in any way
resu|~ing from or arising out of the negligent or intentional acts, errors or
omissions of the Presentor or any of its officers, agents or employees.
INSURANCE: Symphony shall. throughout the duration of this Agreement maintain
comprehensive general liability and property damage insurance covering all
operations hereunder of Symphony, its agents and employees including but not
limited to premises and automobile, with minimum coverage of Five Hundred
Thousand Dollars (SSO0,O00.O0) combined single limits. Evidence of such
coverage, in the form of a Certificate of Insurance shall be submitted to the
City Clerk at 276 Fourth Avenue. Said policy or policies shall prorid- thirt}
(30) day written notice to the City Clerk of the City of Chula Vista of
cancellation or material change.
Presentor shall, throughout the duration nf this Agreement maintain
comprehensive general liability and property damage insurance covering all
-4-
~'~ 0 operations hereunder of Presentor, Its agents and employees Including but not
limited to premises and automobile, with minimum coverage of Five Hundred
.. Thousand Dollars ($500,000.00) combined single limits. Evidence of such
coverage, in the fern of a Certificate of Insurance shall be submitted to the
San Diego Symphony at 1245 Seventh Avenue, San Diego. Said policy or policies
shall provtde thirty (30) day written notice to the Symphony of cancellatlon
or mterial change,
15. ASSZGN/ENT. This Agreen~..rlt shall not be assigned by the Presentor
without the written consent of the Symphony.
16. CONSTRUCTION. This Agre~nt shall be consteed, governed, and
integrated pursuant to the laws of the State of Caltfo~ta, and is a
Caltfo~ta Contract. his Agreefnent represents the full understanding bergen
the parties, and neither party shall be bound by any terms or undertakings
other than those contained therein.
IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS AGREEHENT THE DAY AND YEAR
BELOW WRITTEN.
Ctt of Chula Vista \ RCHESTRA
PRE~I;.NTOR'S NAHE ByS:S,~Ai~rES~L
',I BY: ......
· , tot
YITLE , _.
~76 FouPt~enue
Chula VJsta~ CA 920~0
PRE~NTOR' S ADDRESS
' DATED: 19 I/Io 19 ~
~C 1031R
-5-
· iNDEMNiFicATioN AGREEMENT
The City of Chula Vista agrees to indemnify and hold harmless
Rohr Industries from any liability arising from its use of property
at the parking lot, leased by Rohr Industries, located at Tidelands
Avenue and "G" Street, in order to allow parking for the August 27,
1989 San Diego Symphony Pops Concert. The City of Chula Vista also
agrees to defend Rohr Industries in any litigation arising from this
activity.
DATE GREGORY R. COX, MAYOR
· 4 Approved as to form by