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HomeMy WebLinkAboutRES 03-134 RESOLUTION NO. 03-134 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an agreement with Jam Theatricals, Ltd. to partner with the City for a three (3)-show Broadway Theatrical Series at the Julie Rogers Theatre. The agreement is attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of June, 2003. - M or Evelyn M. Lord - Mny 29.2003 Ms.C:laudie Hawkins Ueiumont Civic Center Julie Rogers Theatre 701 Main 13rnumoat,Texas 77704 VTA FAC..STMTI.F:409-838-3715 Dear Claudie: It was nice speaking with you regarding Jam Theatrical's interest in presenting Broadway engagements at The ricauinont Civic tinter Complex as part of an annual subscription season. As we discussed,Jam would tike to be the Broadway provider and we have outlined the major deal points below: Relationship: Organization of an annual Broadway series that will operate in conjunction with the venue to provide a subscription base. Jam will hold first right of refusal rights to tiie presentation of Broadway type events at the Julie Rogers Theatre. The goal is to maximize programming and create a series of Broadway style shows. Term: Three years,with an evergreen clause that allows at least three years remaining at any point,so as one year expires arsothcr year is added to the length.of the contract. It is agreed that should the City of Beaumont along with the Beaumont Civic Center Complex decide that their financial situation is such that they aced to change the financial terms of the deal,then this can be done with two years notice. The new terms would have to comparable to standard industry rates and mutually agreed between the parties. Jam would have the option or could elect to abandon the third year at our discretion,based on not being able to agree to mutually agreeable terms. Presentations: Minimum of three to four presentations in each season. Jam Dutics: Program the engagements,create the marketing campaigns and cxccutc the placetuent of the advertising and public relations,handle technical arrangements and the advance work of the show,settle the financial terms of the engagement and pay all local expanses. Venue Duties: Responsible for providing the theatre,box office and all staffing necessary to present the eugagemcat for a safe and comfortable audience and cast/crew experience, prof tt/Lass: Jam will take all risk associated with the season and presentation of shows and cover 100%of any losses. At the end ofthc season,Jain will pay the venue 10%of all profits derived.from the presentation of the season. To determine the amount of profit for the season,the parties will add all show profits from the individual presentations to any sponsorship money received for the season and subtract any show losses from the individual presentations. Concussions'. To be retained by the venue. Neveltirs: Jam and the venue to split all income from novelty sales 50150. Subscription: Venue to handle subscription sales and be reimbursed for credit card charges at 3%for all v isalmastcreard sales and 3.45%for all American Express sales. There is no charge to EXHIBIT "A" Jaw for box office labor to take the phone orders or handle walk up sales. The venue shall keep[he per order handling fee to cover the expense of processing and mailing. Jam will be allowed to retain 100%of the matragement service charge on each subscriber order as included in the season expense to the consumer. Ticketing: The venue has approved allowing Jam to contract with Ticketmaster for single ticket sales. Marketing: Jam to handle the marketing and consider working with a local advertising agency to liandle the placement of advertising. lnsurancc: .1a111 to maintain a certificate of insurance of public liability naming the venue. louse Expenses, The venue shall receive between$900 and$1,000 flat fee for each show for reimbursement depending on the sales of the show. Thus fee will cover all of the venue out of pocket costs for ushers,security,doormen,ticket takers,clean-up,box office labor and other services provided by the venue. Reimbursable expanses to the venue shall iliclude stagehands,credit card charges,and special additional requests from the traveling shows such as runners and catering when applicable and approved by Jam. The vague is exempt from the local sales tax due to historical Landmark status and therefore Jam will not need to be responsible for paying tax on ticket sales- The venue does not charge a facility fee and would not enact a charge in the future unless agreed to in writing by Jam. If yon should have any questions regarding any of these points,please feel free to call me to discuss. Othct,A,isc,if these terms meet with your approval,please sign where indicated below and return via fax to 312-951-6686. This document will be used to draft a contract that we can review and approve togetber to use between our organizations,and in the event another document is not signed off,these terms will be binding between both parties as described herein- We look forwar<t to wo king with you and presenting an engaging season of entertaimm�cnt. r" Best Rc, F we Tyra-xler �" ` Kyle Hayes President City Manager Janm'hlmcalricals, Ltd. City of Beaumont