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Home My WebLink About34838 / 88-23 April 21 , 1988 #23 RESOLUTION (CARRIED LOST LAI� OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENT WITH GRAND OPERA HOUSE GUILD INITIATED BY: C1TY ADMINISTRATION BE IT RESOLVE� by the Common Counci] of the City of Oshkosh that the attached agreement with the Grand Opera House Guild of Oshkosh, Inc. is hereby approved and the proper City officials are hereby authorized and directed to enter into same. SITBMZTPED BY v ' � APPROVED _ pg _ . REV I SED Res. k23 P.1 A G R E E h1 E N T TIIIS AGRFF.�1EIdT is nade as of this ______ day of April � 1988 � bet�deen the CITY OF OSHKOSH, Wisconsin ("City") and the GRAND OPERA HOUSE GUILD OF OSKHKOSH , INC . , a Wisconsin not - for -profit corporation ( "Guild" ) , as follows : RECITATIONS 1 . The City , a Wisconsin municipal corporation, ow�s the Grand Opera House . 2. The Grand Opera House Guild of Oshkosh , Inc . hereafter referred to as the "GUild" is a Wisconsin not-for-profit corporation , oroanized to assist the City in the operation of the Grand Opera House . ACREENENTS 1 . The Guild shall have the exclusive right of concessions for all events held at the Grand Opera House and shall return to the City ninety percent ( 90�) of all profits from such food a�d beverage concessions to be used for operating the Grand Opera House . 2. Tte Guild shall be responsible for all Front of House Planagement activities for all events held at the Grand Opera House and shall retain all monies generated by such activities. Front of -29a- . - REV I SED Res. 23 P.2 House Manageme�t is defined as Chairperson , Event Manager, Floor Captains, Ushers and Ticket Takers (NOt in the Box Office) . All receipts from Fro�t of House activities shall be reported as specified in Paragraph u of this contract . 3 . The Guild shall file quarterly reports with the City reporting on all concession income after expenses taking place during the previous quarter. Such reports are due Janaary 2, April 1 , July i , antl October i , 1988, with a payment from the profits of said concessions . 4. The Cuild shall file with the City a financial statement and report oF all events and activities upon the terminatio� of this Aoreeinent , April 30 , 1989 , with a payment from the profits of concessions as specified in Paragraph 1 above . 5. In the event the Guild has cash-on-hand which exceeds Twenty-five Thousand Dollars ($25 ,000.00) from any revenue aource, the Guild shall immediately transfer to the City such sums which exceed said amount. Such excess shall be used for Grand Opera House purposes . 6 . This agreement shall take efFect on May 1 , 1988 , and shall expire on April 30 � 1989� except that either party nay terminate this agreement upon submitting written notice at least sixty (60) days prior to sueh termination. T7otice for thc City shall be to the City Manager � and notice for the Guild shall be to the Guild President . 7 . The Guild shall not employ any permanent , full-time employees . -29b- - � REVISED Res. H23 P. 3 8. If at any time during a calendar year, the income to the City under provisions of Paragraph 1 above and from thc rental of the Grand Opera House to outside groups should exceed $56 ,000.00 , all income from concessions may be retained by the Guild su6ject to the provisions of Paragraph 5 • 9. The Guild shall give Grand Opera House tours , except those tours conducted by and at the re9uest of the City. The Guild 's tour responsibilities include , but are not limited to : A. Providing Docent tour guitle(s) for group and open tours , B. Designate a Chairperson for tour activities who shall work with the Grand Opera House Manager on schedulin� , arranging , antl executing tours , and training/orientatio❑ of Docents. The City Hall Administration shall provide a neans for the opening a��d closing of the Grand Opera House for tours . C. Thc Guild shall collect and deposit any nonies derived from such tour activities through a designated Guild member. Revenues shall accrue and be entered into a separate fund which is not included in the restrictions mentioned in para�raph 5 . 10. The Grand Opera House paraphernalia including , but not limitetl to� souvenirs � t-shirts� cards � buttons � etc.� may be soltl by the Cuild. Said merchandise shall be sold at a mutually agreed upo❑ location approved by the City prior to selling of said items . Merchandise sold at the Grand Opera House a�d wherein said sale will not interfere or deter from scheduled activities . This agreement -29c- Res. # 23 P.4 shall not preclude the sale of materials affiliated with individual events, its promoter or performers. Revenues derived from such ways and means activities shall be reported to the City in a like manner as specified in Paragraph 4 and 5 of this contract. The Guild shall keep the Grand Opera House Manager informed of all responsible person(s) who the Guild has appointed to be it' s representative at these activities. 11 . The Guild shall use part of the storage facilities on the second floor of the Annex and the storage closet on the first floor of the annex for storage of any of the following: Concessions, Ways and Means, Front of House Management, Guild' s files, records and miscellaneous items. Any request for the use of the Grand Opera House other than this area must be approved by the City. IN WITNESS WHEREOF, the parties hereto have executed or caused this Agreement to 6e executed by their officers thereunto duly authorized, all as of the day and year first above written. CITY OF OSHKOSH GRAND OPERA HOUSE GUILD By: By: William D. Frueh, City Manager President, GOH Guild, Inc. By' By: Donna C. Serwas, City Clerk Secretary, GOH Guild, Inc. - 29d - 1� i (�� p L N d O � C T S� (J L i� 3 i� n N J N OJ 21n � � O W 0 Y LO � Q �2 mti Q ... M � N N CJ' N ., p ik > Z W O N p � Vi O � L � 2' �' 6 O ¢ O F E U