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Home My WebLink About34488 / 87-160 , ` July 2 , 1987 R160 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: P.PPROVE AGREEMENT WITH THE GRAIdD OPERA HOUSE GUILD OF OSHROSIi� INC. INITIBTED BY: CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached agreement between the City of Oshkosh and 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. SUBMITTED B'+ .___ AP°TO'!EW �� , " � - 22 - Resolution #160 A G R E E M E N T THIS AGREEMENT is made as of this day of 1987, between the CITY OF OSFIKOSH, Wisconsin ( "City") and THE GRAND OPERA HOUSE GUILD OF OSHKOSH, INC . , Wisconsin not-for-profit corporation ("Guild") , as follows : RECITATIONS 1 . The City, a Wisconsin municipal corporation, owns the Grand Opera House. 2 . The Grand Opera House GUild of Oshkosh, Inc . , hereafter referred to as the Guild is a S4isconsin not-for-profit corporation, organized to assist the City in the operation of the Grand OFera House . AGREEMENTS 1. The Guild shall have the eaclusive right of concessions for all events held at the Grand Opera House and shall return to the City ninety percent (908) of all profits from sucn food and beversge concessions to be used for operating the Gran3 Opera House. 2 . The Guild shall be responsible for a11 Front of House management activities for all events held at the Grand Opera House and shall retain all monies 9enerated by such activities . Front - zza - P. 2 Resolutio� k160 ' of Hoase Management is defined as Chairperson, Ever.t Manager, Floor Caotains, Ushers and Ticket Takers (�ot in the Box Office. ) All receipts from Front of House activities shall be reported as specified in Paragraph 4 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 January 2 , Apri1 1, July 1, and October 1 , 1987 , with a payment from the profits of said concessions . S . The Gcild shall file with the City a financial statement and report of all events and activities uFon the termination of this Agreement, April 30 , 1988 , 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 1Wenty-five Thousand Dollars ($25,000 . 00) from any revenue source, the Guild sha11 immediately transfer to the City such sums which exceed said amount. Such excess sha11 be used fo: Grand Opera House purposes. 6. This agreement sha11 take effect on May 1 , 1987, and shall expire on April 30 , 1988 , except that either party may terminate this agreement upon submitting written notice at least sixty (60) da}�s prior to such termination . Notice for the City shall be to the City h]anager, and notice for the Guild shall be to the Guild President . 7 . The Guild shall not employ any permanent , full-time employees . - 22b - P. 3 , Resolution $160 8. If at any time during a calendar ycar, the income to the City ander provisicns of Paragranh 1 and from the rental of the Grand Onera House to outside groups shocld exceed $55 , 000. 00, all inccme from concessions may be retained by the Guild sugject to � provisions of Paragraph 5 . 9 . The Guild shall give Grand Opera House tours, except those tours concucted �_� and at the request of the City. The Guild' s tour responsibilities include, but are not limited to: a. Proai3ir.g Docent tour guide (s) for 9roup and open tours, B. Desicnate a Chairnerson for tour activities who shall wor:< with the Grand Opera House Manager on scheduling, arranging, and executir.g tours , training and orientation of Docents . The City Ha11 P.dministration shall provide a means for the onening and closing of the Grand Opera House for said tours . C. The Guild sha11 collect and deposit any monies derived from such tour acti�iities through a designated Gui1d member. Revenues sha11 accrue and be entered into a separate fund which is not included in the restrictions mentioned in paragraph 5 . 10 . The Grand Opera House paraphernalia including, but not li�ited tc. souvenirs, t-shirrs, card=_ , buttons , etc. map be sold by the Guild. Said merchandise shall be sold at a mutually agreed upon location approved by the City prior to selling of said items . Merchandise sold at the Grand Onera House and wherein said sale will not interfere or deter fran scheduled activities . This agreement - 2zc - P. 4 Resolution #160 shall not preclude the sale of materials affiliated with individual events, its promoter or performers. Revenues derived from such ways and means activities sha11 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 flcor of the Ar.nex 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 be executed by their officers thereunto duly authorized, all as of the day and year first above written. CITY OF OSHKOSH THE GRAND OPERA HOUSE GUILD OF OSHKOSH, INC. BY: BY: � I"�/!/�,,:�?�/'��.t� �i. .�?�!..t L�'h,;�, J . William D. Freuh, City Mgr . Suzanne J. Chlpin, Pres ..2:dWLCG��- / _ i:�Le�GC-+.-e�!/✓ �C4. Donna C . Serwas , City Clerk Shir1 H a ender, Sec. � - 22d - n 3 L O A A A � � N � � A ti� Z O . ..o a .- T Z N C S o .. . x .+ • o .-. � a � co a, �o �w m � o m v v a � -i mo co .-. � v, .- o �- a < m �:a o � � u � � oz � � m F � O lD H 7 ��+ � � �+ � G� Y a � a