Contract of Terms for Use of the
Coral Shores High School Performing Arts Center
Requesting the Use of the CSHS Performing Arts Center
Groups and community organizations wishing to use the Coral Shores High School Performing Arts
Center (CSHSPAC) must contact the Monroe County School District Representative in writing or via
e-mail. The representative information is as follows:
Representative:
Phone:
E-mail:
Rick Allen
(305) 853-3222
[email protected]
The applicant must provide the following information:
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The name of the organization with billing address and a contact person
A detailed description of the intended use of the theatre including costumes, story, and
technical
An account of artists and staff who will participate in rehearsals and performances
A fair evaluation of the anticipated audience
The times and dates of rehearsals and set ups
The date(s) of the event depending on availability
One or two alternate dates
Granting the use of the CSHSPAC and Scheduling Procedures
The use of the CSHSPAC can be requested up to 60 days in advance. All Coral Shores High School
(CSHS) groups and/or Monroe County School District (MCSD) activities will have priority over outside
users. However, if a non-CSHS or MCSD user has received a confirmation that a reserved date has
been granted, then this event shall have priority.
Theatre Use and Rental Agreement
The MCSD representative shall prepare the following rental agreement for all non-school district
theatre users. Once all the terms of the agreement have been negotiated, the agreement shall be
forwarded to the District Superintendent’s office for Board approval. The Monroe County School
District reserves the right to approve the caliber of this performance and/or the celebrity. Once
approved by the Board and signed by the Superintendent, the agreement is forwarded to the
representative of the leasing entity for signature. The original must be returned to the MCSD
representative with the deposit prior to the beginning of the rental period. Upon receipt, the payment
shall be deposited into the District’s account.
Rental Terms & Conditions
1.
_______________________________ to be referred to in this contract as the lessee, will be
responsible for all expenses related to the concert including but not limited to artists fees;
transportation expenses; accommodations; tax liabilities; printing and advertising costs; costs
connected with the rental, installation and fine-tuning of pianos and or other musical
instruments; sound and light engineering; stage hands; ushers; program costs; etc.
2.
Monroe County School District will get full credit for the presentation and will make the theater
available at the rate of ______________________ plus 7.5 percent Florida sales tax. The
lessee may have use of the theatre on _______________________. A non-refundable
deposit of $________________ shall be due upon acceptance of the terms of this contract. A
refundable security deposit in the amount of $500.00 is also due at this time. Deposit shall be
certified funds payable to the Monroe County School District.
3.
Florida sales tax and any other applicable federal, county or municipal tax shall be paid by the
lessee. For non-profit organizations, a copy of a Consumers Certificate of exemption issued
pursuant to Chapter 212, Florida Statutes, and a copy of your tax I.D. number is required to
waive sales tax.
4.
The lessee shall provide the Monroe County School Board with proof of a special event liability
insurance policy in the amount of $2,000,000. The insurance shall cover any and all periods
that the facility is used, including rehearsals or other non-performance uses. The insurance
shall be submitted at the time this Agreement is forwarded to the MCSD. Inadequate or
unacceptable insurance shall be a valid basis for termination of this Agreement. The MCSD
shall be a named insured on the policy certificate.
5.
It is clearly understood that the only obligation of the Monroe County School Board is to
provide the theater for the performance pursuant to the terms specifically stated in this
agreement. All other obligations shall be the sole responsibility of the lessee. The rented
premises are to be returned to the MCSD in the same condition provided to the lessee.
6.
Name of Theatre User:
Address:
Representative:
Phone:
7.
Box Office: The lessee shall be responsible for providing personnel in the box office, and/or
any equipment necessary to process credit card sales. The lessee shall provide a complete
and accurate accounting of box office receipts and ticket sales, including pre-sales, credit card
charges, etc. An accounting shall be made and delivered to the leaser within five (5) business
days of each performance day. Lessee expressly acknowledges agreement to this
requirement. The leaser shall provide a seating chart for seat assignments when tiered pricing
and assigned seating is desired.
8.
Concession Stand: The concession stand shall be operated by the Monroe County School
District under the auspices of the school principal. Lessee shall coordinate the concession
stand requirements with the school principal or designee at least _____ days prior to the
performance date. The lessee will not receive any proceeds from concession sales.
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9.
Use Schedule:
Date
Time
Set Construction
Rehearsal – off stage
Rehearsal – Drama Room
Performance(s)
Other (specify)
10.
Areas Required During Rental Period:
(please check areas needed)
Lobby
Construction/Paint Shop*
Dressing Rooms*
Stage
Orchestra Pit Closed – Full Stage
Spot Light Room*
Orchestra Pit Open*
Sound Console
Chorus Room
*use of these areas not included in the basic service charge.
11.
Required Personnel
Lighting Technicians
Concession Personnel (no charge)
Stagehands
Sound Technicians
Ushers
Custodial
12.
Sound and Light equipment must be operated by MCSD approved technicians or by a preapproved contractor. A list of pre-approved contractors can be obtained from the theatre
manager. Cost of MCSD personnel shall be $35.00 per hour per employee. If the lessee
prefers to use one of the pre-approved contractors, fee and payment arrangements must be
made directly with the pre-approved contractor. All personnel must be hired for a minimum of
three (3) hours.
13.
Custodial fees are $30.00 per hour for a minimum of two (2) hours and a maximum of eight (8)
hours per event occurrence.
14.
Utility fees are $40.00 per hour.
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15.
Describe any special equipment (i.e., microphones & their placement, follow spots, piano, etc.
needed for this rental. The MCSD is not responsible for providing any equipment which is not
listed in its current inventory.
16.
Accepted (initial):
Leasing Entity
Superintendent
School Board
17.
The following additional terms of this agreement also apply.
18.
The BASIC RENTAL FEE shall include use of the facility, usual and customary electric costs
during facility use. Also included is a technician or administrator to act as house manager.
19.
ADDITIONAL SERVICE FEES shall include all additional technicians/personnel; extra
maintenance; use of box office or concession stand; use of light/follow spot room; use of
construction shop and/or materials.
20.
PAYMENT: Full payment for the total cost of rental is due no later than three (3) days prior to
the day that the facility is to be used as listed above in this agreement. The required deposit is
required at the time the agreement is forwarded to the MCSD. Delivery of payments is the
sole responsibility of the lessee. In the event that the proper funds are not received the event
will be cancelled.
21.
THE FIRE MARSHALL and this theater require that the posted occupancy load be strictly
enforced for all events held in the facility, irregardless of the number of tickets sold for the
events. Failure to comply with this mandatory life safety requirement may result in a violation
citation and/or cancellation of the event, and all amounts paid will be retained by MCSD as
liquidated damages for such breach.
22.
CUSTODIAL – FACILITY CLEANING: Lessee shall be responsible for cleaning the facility
each day used. In the event the facility is left in a condition not acceptable to the MCSD’s
representative cleaning costs will be paid from the damage/cleaning deposit. Balance of
deposit will be refunded within 14 days after inspection of the facility.
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23.
OTHER: In the event a rehearsal or performance is canceled without at least 48 hours notice,
charges will be incurred as though the rehearsal or performance had taken place. A
damage/cleaning deposit of not less than $_______ shall be required for the use of the facility.
24.
RELEASE HOLD HARMLESS AND INDEMNITY: The renter must also execute the attached
Release Hold Harmless and Indemnity Agreement for which renter acknowledges a separate
$10.00 price reduction already factored into the attached price schedule. The Hold Harmless
and Indemnity Agreement are included as pages six (6) and seven (7) of this Agreement.
25.
CHOICE OF LAW AND VENUE: In the event of any disputes involving this lease the parties
specifically agree to the application of Florida law and that venue for any action will be in
Monroe County, Florida.
26.
PYROTECNICS PROHIBITED: The use of any fireworks, gun powder, pyrotechnics or other
flames, flammable or ignitable materials is strictly forbidden. Use of same will result in
immediate cancellation and all deposits being kept as liquidated damages.
27.
The Monroe County School District maintains a drug-free campus. No alcoholic
beverages are permitted on campus at any time. Smoking is prohibited.
28.
RENTAL FEES
Description
Rental Fee – Event (First Occurrence)
Rental Fee – Event (Second Occurrence)
Rental Fee – Event (Third Occurrence and
beyond)
Rental Fee – Rehearsals - Stage
Rental Fee - Rehearsal – Drama Room
Rental Fee - Dressing Rooms
29.
Fee
$2,500 (includes administrator)
$2,000 ((includes administrator)
$1,000 per occurrence (includes
administrator)
$40 per hour
$30 per hour
$40 for both; $25 for individual
SERVICE FEES
Description
Open/Replace Orchestra Pit Cover
Sound Console
Light Room/Follow Spots/Gel
Microphones
Technicians
Security Deposit
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Fee
$250/stage removal & replacement
$20 per hour (does not include
technician
$15 per performance (does not
include technician)
$10 each per performance
$35 per hour
$500.00
30.
USAGE FEES
Description
Fee
$30 per hour - minimum of two (2)
hours and a maximum of eight (8)
hours per event occurrence.
$40 per hour
Custodial Fees
Utility Fees
31.
Lessee/Theatre User agrees that all charges will be paid using certified funds to Monroe
County School District upon execution of this agreement or no later than three (3) days prior to
the day of rental. All deposits required are due upon execution of this agreement.
32.
Lessee/Theatre User understands that this agreement is made subject to all of the terms and
conditions stated herein. Lessee/Theatre User agrees to conform to all said terms and
conditions and be bound thereby.
Lessee/Theatre User
Date
_________________________________________
Principal
_________________________
Date
Mr. Randy Acevedo
Superintendent of Schools
Date
Ms. Eileen Quinn
Chairperson, Monroe County School District
Date
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PRE-INCIDENT RELEASE AND WAIVER OF LIABILITY
AND
INDEMNITY AGREEMENT
In consideration of being permitted to use the Coral Shores High School Performing Arts Center
(CSHPAC) and for other valuable and good consideration not specifically contained herein, the
undersigned for himself/herself/itself/themselves and his/her/it’s/their personal representatives,
assigns, heirs, and next of kin hereby:
1.
express acknowledges and agrees that us of the CSHPAC could involve the risk of serious
injury and/or death and/or property damage if equipment and/or activities are not undertaken in
a careful and prudent manner. In light of this and other, if any, risks associated with the use of
the CSHPAC the undersigned hereby voluntarily assumes full responsibility for and all risk of
bodily injury, death and property damage while on or about the Monroe County School
District’s premises regardless of any negligence of any other party especially (but without
limitation) to any negligence of the Monroe County School District (MCSD) , their assigns,
successors in interest, officers, directors, employees, agents, attorneys, or any person,
persons, or entity (hereinafter MCSD individually and collectively) who may be responsible or
liable for the actions of the MCSD.
2.
irrevocably and unconditionally releases, acquits, waives and forever discharges the MCSD,
their assigns, successors in interest, officers, directors, board members, employees, agents,
attorneys, or any person, persons, or entity who may be responsible or liable for the actions of
the MCSD of any and all charges, complaints, claims, liabilities, damages, actions, causes of
action, suits, rights, demands, costs, losses, debts and expenses (including reasonable
attorneys’ fees and costs actually incurred) of any nature whatsoever, whether known or
unknown, suspected or unsuspected, arising out of or in any way related to any personal injury
(including, but not limited to, bodily injury and death) or property damage suffered by the
undersigned in connection with utilizing the CSHPAC, or while on or about the MCSD’s
premises, regardless of any negligence of any other party especially (but without limitations) to
any negligence of the MCSD, their assigns, successors in interest, officers, directors, board
members, employees, agents, attorneys, or any person, persons, or entity who may be
responsible or liable for the actions of the MCSD.
3.
Undersigned (Renter) to Provide Defense against Claims and Suits: The undersigned shall
indemnify, defned and hold harmless the MCSD and all of its officers, agents and employees,
from all claims, losses, damages, costs, charges, or expenses arising out of any acts, action,
neglect, or omission by the undersigned during the performance of the lease, whether direct or
indirect, and whether to any person or property to which the MCSD or said parties may be
subject, except that the undersigned is not liable under this Sub article for damages arising out
of the injury or damage to persons or property directly caused or resulting from the sole
negligence of the MCSD or any of its officers, agents or employees. The indemnification
referenced above is capped and limited to the amount of the limit of the project insurance. The
parties hereby agree this limitation bears a reasonable commercial relationship to the contract.
4.
The undersigned’s obligation to indemnify, defend and pay for the defense or at the MCSD’s
option, to participate and associate with the MCSD in the defense and trial of any damage
claim or suit, and any related settlement negotiations, arises within seven days of the
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undersigned’s receipt of the MCSD’s notice of claim for indemnification to the undersigned.
The MCSD will serve the notice of claim for indemnification by certified mail. The
undersigned’s obligation to defend and indemnify the MCSD arises twenty-one days from
receipt of such notice and is not excused because of the undersigned’s inability to evaluate
liability, or because the undersigned denies liability. If a judgment finding the MCSD solely
negligent is appealed and the finding of sole negligence is reversed, then the undersigned is
obligated to indemnify the MCSD for the cost of the appeal(s), pay all costs and fees related to
this obligation and to the MCSD’s enforcement of this obligation. It is specifically agreed
between the parties executing this lease that it is not intended by any of the provisions of any
part of the lease to create in the public or any member thereof, a third party beneficiary
hereunder, or to authorize anyone not a party to this Lease to maintain a suit for personal
injuries or property damage pursuant to the terms or provisions of the lease.
5.
This agreement shall be governed by and construed in accordance with the laws of the State
of Florida and the undersigned agrees that the venue for any dispute arising out of or dealing
with the construction or interpretation of this agreement or any of the activities discussed
herein shall be Monroe County, Florida. If any provision of this agreement should conflict with
applicable law, said conflict shall not affect other provisions that can be given effect without the
conflicting provision, and to this end, the provisions of this agreement are hereby declared to
be severable.
6.
The undersigned acknowledges that he/she/it/they, has/have executed this agreement as a
material inducement to the MCSD to allow the undersigned to utilize the CSHPAC or while on
or about the MCSD’s premises. The undersigned has read and voluntarily signed this
agreement and further agrees that no representations, statements or inducements, whether
written or oral, apart from the foregoing have been made.
Date of AGREEMENT:
(Signature)
(Print Name)
Witnessed By:
Name
Address
Page 8 of 9
FEE STRUCTURE FOR CORAL SHORES HIGH SCHOOL
PERFORMING ARTS CENTER
Fees for the usage of the Coral Shores High School Performing Arts Center (CSHSPAC) shall be
determined based on the purpose and function of the organization requesting to use the facility. The
descriptions shown below shall be used to determine which category a given organization will be
assigned
For the purpose of fee calculations, the following have been set:
•
Rental Fee – As described in “Rental Fees” section of contract (Page 5 – Article 28)
•
Service Fees – As described in “Service Fees” section of contract (Page 5 – Article 29)
•
Usage Fees – As described in “Usage Fees” section of contract (Page 5 – Article 30)
Category
Category 1
Category 2
Description
Organizations which are under
the sponsorship of the Monroe
County School District or any
other governmental entity.
Non-governmental
organizations; local, community,
civic, and religious organizations.
NO ADMISSION TO BE
CHARGED.
Fees
• Usage fees may be assessed
if necessary
• Service fees may be assessed
based on usage
• Usage fees will be assessed
• Service fees will be assessed
based on usage
• Usage fees will be assessed
• Service fees will be assessed
Category 3
Category 4
Local organizations using facility
as part of a fund raising activity.
Non-local and non-governmental
organizations; admission fees to
be assessed.
***Principal has discretion on this fee.
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based on usage
• Rental fee or twenty percent
(20%) of the proceeds
whichever is less ***
• Usage fees will be assessed
• Service fees will be assessed
based on usage
• Rental fee