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Lease of Morris Civic Auditorium
211 NORTH MICHIGAN STREET PHONE 232-6954
SOUTH BEND, INDIANA 46601
THIS AGREEMENT, Made and entered into this 15th day of March, 1968 by and between
the Board of Public Works and Safety of the Municipal City of South Bend hereinafter sometimes referred to
as Lessor, and Universal Artists
OF Grand Rapids, Michigan, hereinafter sometimes referred to as Lessee, WITNESSETH:
1. That Lessor agrees to furnish for the purposes hereinafter named, the Auditorium, _______________
belonging to Lessor, lighted, heated, or cooled according to weather, together with (here insert help and services to be provided).
commencing at or about 7 o'clock P.M. on the 16th day of March, 1968, and terminating at 11:59 o'clock P.M. on the 16th day of March, 1968.
AMOUNT AND TIME OF PAYMENT:
The Lessee agrees to present in said building THE COWSILLS
and agrees to furnish everything necessary to said performance not hereinafter agreed to be furnished by Lessors, to furnish all needed properties and agrees to pay to Lessor, as and for the rental of said space, the
sum of Five Hundred DOLLARS
($500.00) and or _______ % of the gross receipts, whichever is greater, in the following manner, to-wit:
Five Hundred Dollars ($500.00)
on the execution and delivery of this lease, and the balance of said payment on or before noon of the day of said performance, and if for any reason, said rental is not paid as aforesaid it is agreed that any box office receipts in the possession of Lessor may be applied to the payment of said rent and Lessee waives all rights to that portion of the box office receipts necessary to pay said rental. Lessee shall furnish Lessor a copy of the ticket printers manifest made to the United States Government before each event. Lessor shall further have the right to count all unsold tickets after each performance. Lessee shall furnish Lessor a box office statement after each event.
TERMS AND CONDITIONS:
This agreement is made and entered into upon the following expressed covenants and conditions, all and every one of which the Lessee hereby covenants and agrees to and with the Lessor to keep and perform.
1. EXTRA HELP. In case it is necessary to employ outside assistance in the handling of the baggage, scenery, supplies or equipment of Lessee, such employment shall be at the expense of Lessee, and in case it shall be necessary to employ extra help, such as stage hands, public address system operators, janitors, and clean-up personnel, said Lessee shall pay for said extra help.
2. FIRE. In case the space leased hereunder or any part thereof, shall be destroyed or damaged by fire or by any other cause, or if any other casualty or unforeseen occurance shall render the fulfillment of this contract by Lessor impossible, that the said. Lessor shall not in any case be held liable or responsible to Lessee for any damage caused thereby.
3. CONTROL OF BUILDING. That in renting said space to Lessee, Lessor does not relinquish the right to control the management thereof, and to enforce all necessary and proper rules for the management and operation of the same and the Board of Public Works and Safety of Municipal City of South Bend, their agents, and the Manager of said building may enter the same, and all of the demised premises, at any time and on any occasion. That Lessors reserve the right to promotional seats in said auditorium as they shall require, without charge.
4. EXHIBITORS. That exhibitors shall be given time, beginning at _____ o'clock __ M. on the
_____ day of _______, 19____, to install exhibits, equipment and property, and that all exhibits, equipment and property shall be removed from said building on or before _______ o'clock __M. on the _______
day of ______, 19___. In the event that the leased portions of said building are not vacated by Lessee on the date above named as the end of the term for which said portions of said building are respectively leased to said Lessee, then Lessor shall be, and is hereby authorized to move from said building at the expense of Lessee, goods, wares, merchandise and property, of any and all kinds and descriptions, which may be then occupying the portion of said building on which the term of lease has expired, and said Lessor shall not be liable for any damages or loss to said goods, wares, merchandise or other property which may be sustained, either by reason of such removal or the place to which it may be removed, and the Lessor is hereby expressly released from any and all claim for damages of whatever kind or nature.
5. REMOVAL OF ERECTIONS. That in the event of platforms or staging or any other structures being erected by Lessee or any of the exhibitors in any portion of the building, the expense of such erection or removal shall be paid by Lessee, and that all damage to said building or furnishings, caused by the erection or removal of such platforms, staging or other construction, shall be paid by said Lessee.
6. ELECTRICITY. That in the event extra lights other*than the regular house lights or electrical power shall be required by Lessee, they shall be paid for by Lessee at the rates in effect in said building.
7. LAW OBSERVANCE. Lessee agrees that every member connected with Lessee's use of said building shall abide by, conform to and comply with all the laws of the United States and the State of Indiana, and all of the ordinances of the City of South Bend, Indiana, and the rules and regulations of Lessor for the government and management of said building, together with all rules and requirements of the Police and Fire Department of the City of South Bend, Indiana, and will not do, or suffer to be done, anything on said premises, during the term of this lease, in violation of any such rules, laws or ordinances, and if the attention of said Lessee is called to such violation on the part of Lessee or any person employed by or admitted to said premises by said Lessee, said Lessee will immediately desist from and correct such violations. Lessee shall be responsible to make deductions for Federal Tax, F.I.D.C. and Indiana Gross Income Tax for all employees and pay same ;o the proper governmental agency.
8. SEATING CAPACITY. That in no event shall tickets to any concert, entertainment, exhibit, or any ther use be made of said premises by Lessee, be sold or disposed of in excess of the seating capacity of the ouse.
9. NO DEFACEMENT OF BUILDING. That said Lessee shall not injure or mar, nor in any manner
deface, said premises, and shall not cause nor permit anything to be done whereby the said premises shall be
in any manner injured, marred or defaced nor shall he drive, or permit to be driven, any nails, hook, tacks or
screws in any part of said building, nor shall he make, or allow to be made, any alteration of any kind therein.
That if said premises, or any portion of said building, during the term of this lease, shall be damaged by the
act, default or negligence of Lessee, or if the Lessee's agent, employee or employees, patrons or any person or
persons admitted to said premises by said Lessee, the Lessee will pay to Lessor upon demand, such sum as shall
be necessary to restore said premises to their present condition. Lessee hereby assumes full responsibility for
the character, acts and conduct of all persons admitted to said premises, or to any portion of said building by
the consent of said Lessee, or by or with the consent of Lessee's employees or any person acting for or on
behalf of the said Lessee, and,said Lessee agrees to have on hand at all times sufficient police force to maintain
order and protect persons or property.
10. AISLES CLEAR. That Lessee will permit no chairs or removable seats to be or remain in the sageways, and will keep all passageways clear at all times.
11. CONCESSIONS. Lessor reserves all rights not specifically granted to Lessee under the terms hereof, including but not limited to the sale of all concession items, programs, the operation of checkrooms. Lessor likewise reserves the right, through its manager, and representatives, to eject any objectionable person or persons from said building, and upon the exercise of this authority, through its manager, agents or policemen, Lessee hereby waives any right and all claims for damages against Lessor, or any of its agents.
12. NO OBSTRUCTION TO SIDEWALK, AND OTHER PASSAGEWAYS. No portion of the sidewalks, entrys, passage, vestibules, halls, elevators, and all ways of access to public utilities of said building shall be obstructed by Lessee or used for any purpose other than for ingress to and from egress from the demised premises, doors, stairways, or openings that reflect or admit light into any place in the building, including hallways, corridors and passageways, all radiators and house lighting attachments, shall not be obstructed by Lessee. Water closets and water apparatus will not be used for any purpose other than that for which they were constructed, and no sweepings, rubbish, rags, paper or other substances shall be thrown therein. Any damage resulting to them on account of misuse of any nature or character whatever, shall be paid by Lessee.
13. ASSIGNMENTS. Lessee shall not assign this lease or suffer any use of said premises other than herein specified, nor sublet the premises or any part thereof, without the written consent of Lessor.
14. NO RESPONSIBILITY FOR PROPERTY IN BUILDING. Lessor assumes no responsibility whatever for any property placed in said building, and lessor is hereby expressly relieved and discharged from any and all liability for any loss, injury or damages to persons or property that may be sustained by reason of the occupancy of said building or any part thereof under this lease, and all watchmen or other protective service desired by Lessee must be arranged for by special agreement with Lessor.
15. INTERMISSIONS. Lessee agrees to have.....-intermissions each of not less than....._ minutes duration during each event or performance.
16. INSURANCE. Lessee agrees to carry public liability insurance in the amount of $100,000.00
for each injury and $300,000.00 _______ for each accident, and property damage insurance in the amount
of $50,000.00 ___________ for each accident for the protection of Lessor and shall furnish Lessor satisfactory certification that such insurance is in full force throughout the term of lease.
17. UNION LABOR. Lessee shall furnish address system operators and all other union labor required at their expense.
18. ALCOHOLIC BEVERAGES. Lessees shall not permit any alcoholic beverages to be brought onto, or consumed on the premises.
19. RADIO AND T. V. It is further covenanted and agreed that Lessee shall have the exclusive right to negotiate and enter into agreements for the granting of radio and television rights in connection with the staging of any game, performance or even, under the terms of this lease, providing that any and all revenue from said radio, television or other rights so granted shall be included in the gross receipts for such event in the same manner as the receipts from ticket sales, and Lessor shall be entitled to the same percentage thereof.
20. ADDITIONAL COVENANTS AND AGREEMENTS.
In Witness whereof the parties have hereunto set their hands and seals this 15th day of March, 1968.
Universal Artist
Lessee
Phil Simon DM
BOARD OF PUBLIC WORKS AND SAFETY OF MUNICIPAL CITY OF SOUTH BEND MORRIS CIVIC AUDITORIUM
Lessor
A. E. Tovey, Manager
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