HomeMy WebLinkAboutResolution - 2017-R0089 - Lease Agreement - Lubbock Moonlight Musicals - 02_23_2017Resolution No. 2017-R0089
Item No. 6.15
February 23, 2017
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, a Lease Agreement by and between the City of Lubbock
and Lubbock Moonlight Musicals Inc., a State of Texas nonprofit organization, and related
documents. Said Lease Agreement is for use of the Lubbock Moonlight Musicals Amphitheatre
for five (5) annual periods ending September 30, 2021. Said Lease Agreement is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the minutes
of the City Council.
Passed by the City Council on February 23, 2017
L'J��
DANIEL M. POPIT, MAYOR
ATTEST:
Reb ca Garza, City Secret
APPROVED AS TO CONTENT.
Scott Snider, Assistant City Manager
APPROVED AS TO FORM:
Ry n oke, sststant City Attorney
ccdocs/RES.Agrmt-LMMI Amphitheater
11.16.16
Resolution No. 2017-R0089
LEASE AGREEMENT: LUBBOCK MOONLIGHT MUSICALS AMPHITHEATRE
This Lease Agreement (the "Agreement") is made and entered into this 23rd day of February 2017,
in the City of Lubbock, Lubbock County, Texas, by and between the City of Lubbock, a municipal
corporation of the State of Texas, (the "City") and Lubbock Moonlight Musicals Inc., ("LMMI"), a State
of Texas nonprofit organization.
WHEREAS, it is a public purpose of the City to operate the City's Lubbock Moonlight Musicals
Amphitheatre (the "Amphitheatre") and to have regularly scheduled events therein for the public; and
WHEREAS, in consideration of the $1,500,000 of improvements made to date to the Amphitheatre, and
continued and future improvements that will be made by LMMI; and
WHEREAS, LMMI desires the use of the Amphitheatre to conduct theatrical productions and rehearsals
at the Amphitheatre, which events will provide an economic development benefit by attracting visitors to
the City and the surrounding area; and
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. PREMISE.
That upon the terms and conditions herein, and in consideration of the covenants and agreements herein
and of the faithful performance by LMMI of all such covenants and agreements, the City does hereby
grant unto LMMI the right to use and occupy the Amphitheatre for the purpose of theatrical productions,
educational camps, and rehearsals and for no other purpose without the written consent of the City. The
use of the Amphitheatre shall be deemed to include use of associated available dressing rooms, ticket
booth, sound building, and storage area above the dressing rooms will be available to LMMI on an "as
available basis" as determined by the Director of the Lubbock Civic Center (the "Director"). This is a non-
exclusive agreement and is subject to the Rental Program Booklet hereto attached as Exhibit A.
2. TERM.
The term of this Agreement shall be for a period beginning upon final execution of this Agreement, and
ending September 30, 2021 (the "Term"). The Term shall consist of five (5) periods beginning May 1st
and running through September 91h of each year during the Term of this Agreement (the "Season").
3. RENT.
a. LMMI hereby covenants and agrees to pay to City for the use of the Amphitheatre, on or before the first
day of each Season during the Term of this Agreement, without demand at its office in the Lubbock Civic
Center, according to the following payment schedule:
Season
Fee
2017
$2,500.00
2018
$3,000.00
2019
$3,500.00
2020
$4,000.00
2021
$4,500.00
b. LMMI further agrees to pay to City on demand any and all sums which may be due to City for additional
services. LMMI understands and agrees that City has the right and privilege to alter rates for services, per
its discretion and established policy. City and LMMI acknowledge and agree that TIME IS OF THE
ESSENCE with respect to the payment schedule and any and all sums which may be due to City for
additional services.
Lease Agreement: Lubbock Moonlight Musicals Amphitheatre Page 1
c. Should LMMI desire to use the Amphitheatre outside of any Season during the Term, the City may
negotiate with LMMI for the costs and responsibilities of any such use.
4. BUILDING AVAILABILITY.
a. This agreement does not limit or prevent the City from scheduling, promoting, or producing any event
in the facility at any time that does not conflict with the terms of this agreement.
b. Because LMMI is the resident tenant during the summer months and has items of great value and for
liability reasons, LMMI shall have uninterrupted and exclusive use of the facility, absent a declared
emergency by the City, for each Season during the Term of this Agreement. However, from July Yd
through noon on July 51h of each Season during the Term of this Agreement, the Amphitheatre will not be
available for use by LMMI. LMMI may submit special requests for limited use of the stage area, during
this period, to the Director for consideration.
5. EVENT REQUIREMENTS.
LMMI shall file with the Director's office upon signing this Agreement, a full and detailed outline of all
dates the Amphitheatre will be utilized for rehearsals, camps, and performances and all other information
as may be required by the Director concerning LMMI'S activities.
6. SCHEDULE DATES.
A minimum of eighteen (18) performances shall be scheduled during each Season during the Term of this
Agreement. Existing holds for events scheduled prior to the effective date of this Agreement will not be
released by the City.
7. MAINTAINENCE AND ACTIVITY SCHEDULE.
a. An Activity schedule will be made available to the Director prior to each season. It will be coordinated
with one representative from LMMI.
b. An Activity schedule shall be submitted to the Director on a monthly basis. All changes to dates and/or
times shall be provided to the Director with as much advance notice as possible, but weekly at minimum.
8. SPECIAL PROGRAMS.
Subject to prior written approval of the Director, LMMI may engage in a special program, if in the
Director's judgment, such program will be mutually beneficial to the parties of this Agreement and may
significantly increase gross ticket sales, total attendance, or be advantageous for advertising, goodwill, or
publicity. Written notification as to the details of any special program shall be submitted to the Director
at least ten (10) business days prior to the promotion. Any and all costs associated with presenting the
programs shall be at LMMI'S expense.
9. PERFORMANCE DAY ACTIVITIES.
To assure proper sequencing of activities on performance days, LMMI shall present a performance day
schedule forty-eight (48) hours in advance of the performance starting time to assist in providing optimum
operational services required under this Agreement. The stage will be cleared of cast by midnight with the
exception of the final night of each production when the set is changed. Vector control will be notified not
to spray prior to midnight on any production or rehearsal night.
10. QUIET ENJOYMENT.
a. City shall permit LMMI peaceable and quiet enjoyment and use of the Amphitheatre for the purpose
and Term of this Agreement, including restroom conveniences customarily open to the general public.
b. The Amphitheatre's halls, ramps, surrounding premises, sidewalks, and entrances shall neither be
obstructed by LMMI nor used for any other purposes than ingress or egress. LMMI shall not permit any
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chairs, movable seats or other obstructions to be or remain in the passageways, and will keep such
passageways clear at all times.
11. CONTROL OF PREMISES.
The City, acting through the Director, police officers, fire fighters, and other designated representatives,
shall have the right at any time to enter any portion of the Amphitheatre for any purpose whatsoever. The
Amphitheatre, and any related property or facility, shall at all times be under the charge and control of the
Director.
12. ASSIGNMENT.
LMMI shall not assign this Agreement, or any part thereof, nor allow or permit any use of said
Amphitheatre other than herein specified without the prior written consent of the City. For the purposes
of this Agreement, assignment shall mean assumption of the assets of LMMI by any person, association
or entity by any means.
13. DELAY IN DELIVERY OF POSSESSION.
If the City is unable to deliver possession of the Amphitheatre, by the date specified for the commencement
of any Season during the Term of this Agreement or for any option period, as a result of causes beyond
City's reasonable control, City shall not be liable for any damage experienced by LMMI for the City's
failure to deliver possession. This Agreement shall not be void or voidable for any such delay. The Term
of this Agreement shall not be extended by any such delay.
14. FAILURE TO TAKE POSSESSION.
If LMMI, being entitled to possession hereunder, shall fail for any reason to take possession of or use the
Amphitheatre, without the prior written consent of City, no rent refund shall be made to LMMI by the
City, and any payment made to City shall be taken by City as liquidated damages and not as a penalty.
The full rent called for by this Agreement, including any disbursements or expenses incurred by City in
connection herewith, shall be payable by LMMI to the City.
15. LOCKS: KEYS.
No additional locks or bolts of any kind shall be placed on any of the doors or windows by LMMI. LMMI
shall, on the termination of LMMI's tenancy, September 30, 2021, deliver to City all keys to any space
within the Amphitheatre. In the event of the loss of any keys furnished to LMMI by City, LMMI shall pay
to City the cost of the keys. The City shall retain a key to all spaces at the Amphitheatre for emergency
and maintenance purposes.
16.OPENING HOURS.
LMMI must open the doors for activities and performances as scheduled unless otherwise agreed upon as
necessity indicates. LMMI shall open the doors to the Amphitheatre at least one hour prior to any activity
or performance.
17. CONDUCT OF PERFORMERS.
Conduct of performers should not be such as to deliberately incite or entice patrons to leave their seats, or
tend to create hazardous, uncontrollable crowd situations. Conduct of performers should not be such as to
cause deliberate damage to the facility or injury to others.
18. EQUIPMENT ENTRANCE.
All articles, equipment, fixtures, materials, etc., of LMMI shall be brought into or out of the Amphitheatre
and surrounding premises only at such entrances that are designated by the Director.
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19. TICKETING.
a. As a non-profit organization, LMMI has the option to utilize Select -a -Seat in connection with the sale
of tickets to all events sponsored, co -sponsored or produced by LMMI. Terms of such use, if chosen, will
be outlined in a separate box office agreement with Civic Lubbock, Inc., which will be executed prior to
the beginning of each Season during the Term of this Agreement.
b. Ticket prices will be set by LMMI at the beginning of each Season during the Term of this Agreement.
Ticket prices may be changed during a season for special promotional events and/or to accommodate
special group events. Written notification of ticket prices shall be given to the Director prior to such tickets
going on sale.
20. SEATING.
Seating capacity for the Amphitheatre shall be nine hundred (900) seats. The City will not provide any
additional chairs, movable chairs, benches, or any other type of seating device for the purpose of this
Agreement. No additional seating may be added without prior approval of the Director and the Fire
Marshall LMMI shall neither sell nor distribute tickets or passes in excess of the seating capacity of the
Amphitheatre. Likewise, LMMI shall not permit tickets or passes to be sold or distributed in excess of
the seating capacity of the Amphitheatre.
21. SMOKING NOTICE.
In accordance with Federal, State, and City laws governing smoking in public places, LMMI shall take
reasonable and prudent care that its patrons, performers, and other employees are informed of the NO
SMOKING rule. Smoking in any interior portion of the Amphitheatre, including, but not limited to seating
areas, public restrooms, and dressing rooms, will not be permitted. LMMI's security personnel and ushers
shall be responsible for monitoring these areas.
22. TELEVISION/RADIO.
All broadcast rights for LMMI's performances are granted to LMMI. Any costs associated with the
production of such broadcasts shall be paid by LMMI.
23. STANDARD PERFORMANCE DAY SET-UP.
City and LMMI will cooperate and share responsibility for activities in connection with the standard
performance set-up in the Amphitheatre. LMMI shall provide reasonable assistance in the set-up as may
be requested by City.
24. INTERRUPTION OR TERMINATION OF PERFORMANCE.
City retains the right to cause the interruption or termination of any performance when such interruption
or termination is, in the City's sole judgment, in the interest of public safety.
25. DRESSING ROOMS.
At no additional cost to LMMI, LMMI shall have access to the Amphitheatre's dressing rooms for
scheduled performances, rehearsals, and other activities described in this Agreement. At the end of each
Season during the Term of this Agreement, LMMI will be required to remove all items from the
Amphitheatre. At the Director's discretion LMMI may store items in the area above the dressing room, at
their own risk. LMMI's access to this storage area will be allowed throughout the year at the Directors
discretion. City is not responsible for any LMMI property.
26. PHYSICAL ALTERATION.
Except as may be agreed to in advance in writing by the parties to this Agreement, LMMI will not cause
or permit anything which will damage or change the finish or appearance of the Amphitheatre or the
furnishings and equipment thereof. LMMI will preserve the integrity of the structure of the Amphitheatre.
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Any permanent alterations will be agreed on with Director before commencing. LMMI shall pay the cost
of repairing any and all injury and damage which may be done to the Amphitheatre or any of the fixtures,
furniture, or furnishings thereof by any act of LMMI, LMMI's employees, LMMI's agents, LMMI's
patrons, or anyone visiting the Amphitheatre upon the invitation of LMMI. It is expressly agreed that the
Director and the City's Risk Management Coordinator shall determine whether any such damage has been
done, the amount thereof, the reasonable cost of repairing the same, and whether it is one for which, under
the terms of this Agreement, LMMI is to be held responsible. The decision of the Director and City's Risk
Management Coordinator shall be final and binding upon LMMI.
27. SIGNAGE.
a. Signs, Posters, Literature, and Decorations: Posters and/or signs may only be posted on bulletin boards
provided for such use within the Facility. All such advertisements must relate to the event to be held on
the premises. The hanging of pictures, banners, or other items must have the approval of the Director.
LMMI shall not distribute, circulate, or allow circulation of any advertising matter or programs at the
entrance to any part of the premises that does not completely pertain to the immediate attraction. No
advertising matter shall be distributed or circulated on parking facilities or walkways adjacent to the
facility. In order to abide by the sign ordinance in effect within the City of Lubbock, approval by the
Director will be required prior to any signs/banners of any type being placed on the Amphitheatre's
property.
b. Content of Signnage: All signage shall be in good taste, professionally developed, and presented so as to
be inoffensive to the general public and of such high caliber as to contribute to the establishment of the
Amphitheatre facilities as a prestigious location for commercial advertising media. LMMI will promptly
remove or modify the presentation of any advertising or signage if so directed by the Director if deemed
to be in violation of this clause.
28. CONCESSION SALES.
City reserves unto itself or its assigned agents the sole right to sell or dispense soft drinks, candies, food,
alcoholic beverages, and related merchandise commonly sold or dispensed in the Amphitheatre. Director
may grant permission for outside vendors.
29. UTILITIES AND SERVICES.
a. During the Term of this Agreement, City shall furnish, at City's expense, heat, water, lights, air
conditioning, and custodial services deemed necessary by the Director for LMMI's use of the
Amphitheatre. City shall not be responsible for or liable to LMMI for any loss resulting from any lack of
heat, water, lights, air conditioning, or custodial services due to an act of God or the failure of equipment
to operate or function properly through no fault or act of City. All utilities will be furnished from present
openings in the Amphitheatre. No petroleum products, oil lights, or any other artificial lighting, light
plants, or electrical equipment shall be permitted without Director's written permission.
b. City agrees to provide janitorial and maintenance services for the Amphitheatre and agrees to keep and
maintain all areas of the Amphitheatre in a reasonably good and tenantable condition and appearance,
through the prompt removal of all trash, litter, and other debris. The City shall maintain its working
standard for janitorial and maintenance services for the Amphitheatre as performed by the City prior to
this Agreement.
c. LMMI shall provide for its own telephone, cable, or any similar service, including any connection fees
that LMMI may require, for its performances or any other LMMI-related events.
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30. PARKING LOTS.
Under the supervision and control of the Director, City reserves the right to maintain and operate the
Amphitheatre parking lots located within the area. Pending no unforeseen changes to any existing
agreement, areas will be maintained as per the appropriate schedule for contracted maintenance through
the Parks and Recreation department.
31. PERSONNEL.
At its own cost, LMMI shall arrange for and provide the following personnel for each of its performances
and for any special program:
a. Box office staff, ticket takers, door guards, and ushers in numbers approved by the Director to assure
safety and control of patrons attending the performance;
b. Approved security personnel in numbers sufficient to control the seating area, and control access/egress
points. The actual number of security personnel may increase or decrease depending on anticipated crowd
size or a developing pattern of crowd management problems at the discretion of the Director. All security
personnel shall be on duty until the Amphitheatre is cleared of the general public;
c. Sound and stage technicians as required to operate any Amphitheatre sound or lighting systems;
d. For special programs, LMMI may be required to provide additional security, ushers, door guards, and
other personnel necessary in numbers approved by the Director to assure safety and control of the public
attending the functions;
e. LMMI shall hire and pay for any medical equipment, services, and attendants that it deems necessary,
including, but not limited to, physicians, physician assistants, trainers, paramedics, emergency medical
technicians, and ambulance attendants during the performance and other special programs scheduled by
LMMI;
f. City reserves the right at all times to control the ushers, doormen, ticket takers, grounds, security
personnel, and all other employees of LMMI. City shall have the right to remove from the Amphitheatre
any and all such employees of LMMI. City reserves the right, with its officers and agents, including its
police officers, to eject any objectionable person or persons from the Amphitheatre and surrounding
premises. In the event of the exercise of this authority, LMMI hereby waives any and all claims for
damages or contribution against the City and its officers and employees on account thereof, and
g. LMMI shall hire and pay for personnel to oversee all other activities planned and/or scheduled by
LMMI in the Amphitheatre. LMMI's personnel shall insure that participants remain in the proper areas
and that the facility is properly secured upon leaving, i.e., lights turned off, doors and gates locked, and
secured.
32. INDEMNITY AND INSURANCE.
a. As a material part of the consideration to be rendered to City under this Agreement, and to the fullest
extent allowed under any applicable law, LMMI hereby covenants and agrees to hold City harmless and
relieve and discharge City, its officers and employees, from any and all liability for loss, injury, or death
to any person or persons, or loss or damage to property occasioned by or sustained by reason of the
occupancy or use of the Amphitheatre and the facilities thereof without regard to the cause of such loss or
whether the loss was caused in whole or in part by the negligence of the City, its officers, and employees.
b. LMMI hereby covenants and agrees to pay for any and all damage to the Amphitheatre, damage to or
loss of any of the property or equipment of the Amphitheatre, or to any other City property resulting,
either directly or indirectly, from such occupancy or use of the Amphitheatre by or through the negligence
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or other acts of LMMI, its agents, employees or any person or persons participating in or attending the
performances in connection with or during said use and occupancy.
c. City shall not be liable to LMMI for any damage by or from any act or negligence of any other occupant
of the Amphitheatre. LMMI agrees to pay for all damages to the Amphitheatre and any related property
or facilities, as well as all injury to other occupants of the Amphitheatre and any damage to their property,
directly or indirectly caused by LMMI'S misuse or neglect of the Amphitheatre, its apparatus, or
appurtenances.
d. LMMI shall secure at its own expense and provide City with evidence that it meets the insurance
requirements as outlined in the Rental Program Booklet, which is attached and is a part of this Agreement.
City shall be named as an additional insured on a primary and non-contributory basis in said policy of
insurance.
e. LMMI shall procure Worker's Compensation Insurance protecting the agents and employees of LMMI
or any subcontractor. All Workers' Compensation coverage shall include a waiver of subrogation in favor
of City.
33. DAMAGE OR DESTRUCTION.
a. In case the Amphitheatre, in its entirety or any part thereof, should be destroyed or damaged in any way
by fire or any other cause, or if any other casualty or unforeseen occurrence shall render fulfillment of this
Agreement by City impossible, then the Term of this Agreement shall end and LMMI shall be liable for
partial rent only up to the time of such termination and LMMI hereby waives and releases the City from
any claim for damages or compensation on account of such termination.
b. In the event that the Amphitheatre should be partially damaged by fire, or other cause, but only to such
an extent that it can be rebuilt or repaired within ninety (90) days after the date of such destruction, the
Agreement shall be void or voidable, but not terminated except as otherwise provided herein. If the City
intends to rebuild or repair the Amphitheatre, it shall, within thirty (30) days after the date of such damage,
give written notice to LMMI of the intention to rebuild or repair and shall proceed with reasonable
diligence to restore the Amphitheatre to substantially the same condition in which it was immediately
prior to the destruction. However, City shall not be required to rebuild, repair, or replace any
improvements or alterations made by tenant within the Amphitheatre. During the period of rebuilding or
repairing, there shall be no diminution of rent. If, after rebuilding or repairing has commenced, such
rebuilding or repairing cannot be completed within ninety (90) days after the date of such partial
destruction, the City may either terminate the Agreement or continue with the Agreement with a
proportional rent rebate to LMMI. If City undertakes to rebuild or repair, LMMI shall, at its own expense,
restore all work required to be done by LMMI under this Agreement.
34. EXPIRATION OF AGREEMENT.
a. At the expiration of this Agreement and in accordance with all applicable provisions of this Agreement,
LMMI shall quit its use of the Amphitheatre and return to the City all equipment and facilities procured
in as good condition and repair as when acquired, except for normal wear and tear. If LMMI has
constructed any temporary alterations or temporary additions to the Amphitheatre, to the extent required
by the City, all temporary alterations and temporary additions made by LMMI shall be removed, at the
sole cost of the LMMI, and the Amphitheatre shall be restored to the condition when the Agreement began.
LMMI's obligations under this paragraph shall survive the expiration or other termination of the
Agreement.
b. City reserves the right, after the expiration of the Term of this Agreement, to remove from the
Amphitheatre all effects remaining therein and to store the same wherever it sees fit in its name, or at its
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option, in the name of LMMI, but at the cost, expense, and risk of LMMI, and City shall not be liable in
any way to LMMI on account of so removing and storing any such effects. For such additional period
beyond the Term of this Agreement, if any effects of LMMI may so remain in the Amphitheatre, City
shall be entitled to charge LMMI a reasonable fee for storage.
35. LICENSES AND LAWS.
a. Throughout the Term of this Agreement, LMMI shall comply with all laws of the United States, and
the State of Texas, all ordinances of the City, and all rules and requirements of the Police and Fire
Departments, or other municipal authorities of the City, and will obtain and pay for all necessary permits,
and licenses, and will not do, nor suffer to be done, anything on the Amphitheatre in violation of any such
laws, ordinances, rules or requirements. If the attention of LMMI is called to any such violation on the
part of LMMI, any person employed by LMMI, or admitted to the Amphitheatre by LMMI, then LMMI
will immediately desist from and correct such violations.
b. LMMI shall comply with the Federal Copyright Act of 1976, as amended, and assure that all
copyrighted music played or caused to be played during the Term of this Agreement is played with the
permission of the copyright owner. LMMI agrees to pay all the obligations under the copyright license,
and to the fullest extent allowed under any applicable law, will hold harmless and indemnify the City and
its employees from any such claims or obligations.
c. Any violation of such laws and ordinances by LMMI shall, at the Director's sole discretion, subject
LMMI to immediate expulsion from the Amphitheatre and the forfeiture of all paid rents, percentages, or
other fees, and in no way will such expulsion release LMMI from its obligation to pay any unpaid rent,
percentages, or other fees required during the Term of this Agreement.
36. POSTPONED DELIVERY.
In the event that City reasonably postpones delivery of the Amphitheatre on the above described times
and/or dates for any reason, such event shall not be considered an event of default hereunder, and the City
shall not be subject to any liability, nor shall the validity of this Agreement be affected, nor the Term
extended in such event. If the City unreasonably postpones tender of possession of the Amphitheatre to
LMMI, LMMI may terminate this Agreement by providing written notice to the City at least ten (10)
business days prior to such termination.
37. CONDITION OF PREMISES.
LMMI has determined that the Amphitheatre, as presently constituted, is sufficient for the use
contemplated by LMMI. LMMI's taking possession of the Amphitheatre is conclusive evidence that the
Amphitheatre, including without limitation, the equipment, fixtures, furnishings, and the buildings
comprising the Amphitheatre, is clean, sanitary, and in good order and condition at the time of possession
by LMMI. LMMI shall, throughout the Term, maintain the Amphitheatre and furnishings in good, clean,
and sanitary order and condition.
38. CANCELLATION.
During the Term of this Agreement, LMMI may cancel this Agreement by providing written notice of
cancellation to City at least thirty (30) days prior to LMMI's expected date of cancellation. In the event
LMMI cancels this Agreement, the parties hereby agree that all monies paid by LMMI any time prior to
the date of cancellation are presumed to be liquidated damages sustained by the City due to the
impracticability and extreme difficulty in fixing actual damages and such monies shall become the
property of the City and shall not be refunded. If not removed within 30 days after the cancellation of the
agreement. Any installed permanent equipment, modifications, and or improvements to the Amphitheatre
shall become the property of the City.
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39. DEFAULTS AND TERMINATION.
a. In the event LMMI shall fail to keep, perform, or respect the terms, covenants, and conditions of this
Agreement, and within ten (10) days after receipt of written notice of such failure by LMMI, LMMI shall
not have cured or corrected such failure or is not diligently taking action to cure or correct such failure,
LMMI shall be considered to be an event of default of this Agreement. Notwithstanding the above, LMMI
shall be in default of this Agreement if LMMI fails to timely follow the payment schedule provided for
herein, without the necessity of the City giving LMMI written notice of failure as herein above provided.
b. Upon the occurrence of any one or more event(s) of default, LMMI's right to possession of the
Amphitheatre shall terminate, and LMMI shall surrender possession thereof to City immediately. In such
event, LMMI hereby grants to City full and free license to enter into and upon Amphitheatre, or any part
thereof, to take possession thereof with process of law, and to expel and remove LMMI therefrom, or any
person who may be occupying the Amphitheatre, or any part thereof, and City may repossess the
Amphitheatre as of its former estate. In addition to terminating this Agreement, City may sue for and
recover all damages directly or indirectly caused by such event of default. City may, if it so elects, pursue
any other remedy or remedies provided by law for the breach of this Agreement or any of its terms,
covenants, conditions or stipulations. No right of entry or remedy herein conferred upon or reserved by
City is intended to be exclusive of any other right or remedy.
c. City's acceptance of rent following an event of default hereunder shall not be construed as City's waiver
of such event of default. No waiver by City of any violation or breach of any of the terms or provisions
and covenants herein contained shall be deemed or construed to constitute a waiver of any other violation
or default. The loss or damage that City may suffer by reason of LMMI's default shall include the
reasonable expense of repossession and any reasonable repairs or remodeling undertaken by City
following repossession.
d. LMMI covenants that if LMMI shall make an assignment for the benefit of creditors, or if a petition
shall be filed to have it adjudicated as bankrupt, whether voluntary or involuntary, or if an execution is
issued against LMMI and it shall fail to procure a stay thereof within thirty (30) days after the entry of
same or otherwise fail to satisfy a judgment against it, then and in such event this Agreement, at the option
of the City shall cease and terminate. In the event of such termination, the entire unpaid portion of the
payment schedule as set forth in this Agreement shall thereupon immediately become due and payable.
40. STORAGE.
City assumes no responsibility whatsoever for any property placed in or on said Amphitheatre, and said
City is hereby expressly released and discharged from any and all liabilities for any loss, injury or damages
to person or property that may be sustained by reason of the occupancy of said Amphitheatre under this
Agreement.
41. THIRD PARTY AGREEMENTS.
City shall not be responsible in any way for any third -party agreements entered into by LMMI for supplies,
services or any other items, whether in writing or verbal. LMMI shall be solely responsible for all such
agreements and any payments due thereon.
42. INDEPENDENT CONTRACTOR.
LMMI, in the performance of its functions, duties, and obligations herein, shall at all times be and act as
an independent contractor. Nothing in this Agreement shall be construed as creating a partnership or joint
venture between the parties hereto, or as constituting LMMI as an agent or employee of City in any manner
whatsoever, nor shall any part of this Agreement be construed as giving LMMI any authority whatsoever
to bind City in any manner whatsoever. LMMI hereby agrees and covenants that City shall not be liable
Lease Agreement: Lubbock Moonlight Musicals Amphitheatre Page 9
for any salaries or sums of money due employees of LMMI nor for any expense incurred by LMMI, nor
for any debt contracted by LMMI.
43. NON-DISCRIMINATION.
LMMI agrees that in conducting its operation hereunder it will not discriminate against any employee,
applicant for employment, customer or patron due to age, sex, race, color, handicap, religion or national
origin.
44. AMERICANS WITH DISABILITIES ACT.
LMMI agrees that it will comply with all applicable requirements of the Americans with Disabilities Act
of 2010.
45. FIRE HAZARDS.
LMMI shall not bring or permit anyone to bring into said building or surrounding premises or keep therein
anything that generates any hazardous materials or wastes, or causes a fire hazard.
46. HAZARDOUS MATERIALS.
If LMMI uses, stores, or generates any hazardous materials or wastes, LMMI will obey all Federal, State,
and Local laws governing such materials. In the event that hazardous materials are discharged on City
property, LMMI will be responsible for all costs and activities related to proper clean-up, and will provide
the Director with proper documentation evidencing that a complete clean-up has occurred. LMMI shall
be responsible for all liabilities related to the use, storage, disposal, and clean-up of all hazardous materials
at the Amphitheatre.
47. ATTORNEY'S FEES.
If any party to this Agreement should commence legal proceedings to enforce the terms and conditions of
this Agreement, the prevailing party will be entitled to reimbursement of all such legal fees and cost
incurred, including the legal fees and costs incurred in any appellate proceeding.
48. EXTENT OF AGREEMENT.
This Agreement represents the entire and integrated Agreement between the parties hereto and supersedes
all prior negotiations, representations, or agreements either written or oral, and this Agreement may be
amended only by written instrument signed by both parties.
49. PROHIBITION AGAINST NUISANCE OR UNLAWFUL USE.
LMMI shall not create or allow any nuisance to exist at or on the Amphitheatre, or use or allow the
Amphitheatre to be used for any unlawful purpose.
50. CONSENTS.
City and LMMI agree that whenever in this Agreement their consent is required to be obtained such
consent will not be unreasonably withheld or delayed.
51. LEGAL CONSTRUCTION.
If any clause or provision of this Agreement is illegal, invalid or unenforceable under present or future
laws effective during the term of this Agreement, or any extension thereof, then it is the intention of the
parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention
of the parties to this Agreement that in lieu of each clause or provision of this Agreement that is illegal,
invalid or enforceable, there be added as a part of this Agreement a clause or provision as similar in terms
to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid or
enforceable.
Lease Agreement: Lubbock Moonlight Musicals Amphitheatre Page 10
52. PARTIES BOUND.
Each and every provision of this Agreement shall bind and shall inure to the benefit of the parties to the
Agreement and their legal representatives.
53. NOTICES.
Any notice required hereunder shall be in writing and shall be deemed received by the party to be notified
whenever a letter containing such notice is deposited with the United States Postal Service, certified mail,
return receipt requested, with proper postage affixed thereto and addressed to the party to be notified in
the following manner:
For City:
Director — Lubbock Civic Center
1501 Mac Davis Lane
Lubbock, Texas 79401
(806) 775-2236
For LMMI:
Gerald Dolter
General Director - LMMI
P.O. Box 93522
Lubbock, Texas79493
(806)787-1249
Gerald.doltet-CcOtu. edu
With Copes:
Robin Henson
Vice President — LMMI
4284 FM 3261
Ropesville, TX 79358
(806)638-5706
Legacyranchlivin cyahoo.com
54. CAPTIONS.
The captions contained in this Agreement are for convenience of reference only, and shall in no way limit
or enlarge the terms and conditions of this Agreement.
55. EXHIBITS AND ATTACHMENTS.
All exhibits referred to in this Agreement are incorporated into this Agreement and made a part hereof for
all intents and purposes.
56. CHOICE OF LAW.
The laws of the State of Texas shall govern the formation, operation, construction, and enforcement of
this Agreement.
57. AUTHORITY TO BIND.
City represents and warrants that this Agreement has been approved by the City Council of Lubbock,
Texas and constitutes a legal, valid, and binding obligation of the City. It is understood and acknowledged
by City and LMMI that any extensions of this Agreement as provided for above, are subject to the approval
of the City Council of Lubbock, Texas. LMMI represents and warrants to the City that the individual
executing this Agreement has the full lawful right, power, and authority to execute this document on behalf
of LMMI and that this Agreement constitutes a legal, valid, and binding obligation of LMMI.
58. NON -ARBITRATION.
City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise,
including without limitation, the right to seek any and all forms of relief in a court of competent
jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its
unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive,
Lease Agreement: Lubbock Moonlight Musicals Amphitheatre Page 11
and may be exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this document, this provision shall control.
IN WITNESS WHEREOF, the parties bind themselves to the promises contained in this Agreement.
City of Lubbock:
Lubboc,U,? o�nlight Musicals, Inc.:
Daniel M. Pope, MAyor Name Signature)
Name (Printed)
ATTEST:
Qe O.'a r- e -
Reb cca Garza, City Secret y
APPROVED AS TO
Snider, Assistant City Manager
APPROVED AS TO FORM:
Ryan45ro e, As, 'sta t City Attorney
Lease Agreement: Lubbock Moonlight Musicals Amphitheatre Page 12
yd" ctiTy of
Lubbock
iFNA
Rental Program Booklet
It is understood and agreed by the Lessee that this booklet, which includes
Sections 101 — 140, is in fact a part of the contract between the Lessee and
the Lessor. The Lessee is charged with the responsibility of knowing and
abiding by the policies and procedures contained herein.
14
CONTENTS
101.
DEFINITIONS..............................................................................................................................1
102.
AUTHORITY................................................................................................................................1
103.
LEASE OR RENTAL AGREEMENT..................................................................................................1
104.
BOOKING POLICY....................................................................................................................... 2
105.
REHEARSALS AND MOVE-INS/OUT5........................................................................................... 3
106.
RE -LETTING AND SUB-LEASING.................................................................................................. 3
107.
PAYMENT OF FEES...................................................................................................................... 3
108.
AUTHORIZED REFUNDS.............................................................................................................. 3
109.
INSURANCE REQUIREMENTS......................................................................................................4
110.
LIABILITY FOR LESSEE'S PROPERTY.............................................................................................4
111.
BOX OFFICE AND TICKETING PROCEDURES................................................................................. 4
112.
ADVERTISING OF EVENTS........................................................................................................... 5
113.
BROADCAST OR TELECAST.......................................................................................................... 5
114.
CROWD CONTROL AND SECURITY PERSONNEL.......................................................................... 5
115.
CATERING AND CONCESSIONS................................................................................................... 5
116.
FIRST AID SERVICES.................................................................................................................... 5
117.
MACHINERY, HAZARDOUS MATERIALS, FLAMMABLE LIQUIDS, ELECTRICITY, AND
COOKING/WARMING
DEVICES................................................................................................................ 5
118.
OBSTRUCTION OF DOORS, PASSAGEWAYS, CORRIDORS OR LOBBIES ........................................ 6
119.
EQUIPMENT USAGE................................................................................................................... 6
120.
SIGNS, POSTERS, LITERATURE, AND DECORATIONS.................................................................... 6
121.
ANIMALS IN THE BUILDING........................................................................................................ 7
122.
DISPLAY ADVERTISING RIGHTS IN FACILITY................................................................................ 7
123.
ALTERATIONS OF LEASED PREMISES.......................................................................................... 7
124.
ABANDONED EQUIPMENT OR ARTICLES.................................................................................... 7
125.
OBSERVANCE OF LAWS AND REGULATIONS............................................................................... 7
126.
PERMITS AND LICENSES............................................................................................................. 7
127.
INTERMISSIONS......................................................................................................................... 7
128.
PUBLIC ADDRESS ANNOUNCEMENTS......................................................................................... 7
129.
PARKING.................................................................................................................................... 7
130.
RECREATIONAL VEHICLE HOOK-UPS........................................................................................... 8
131.
FACILITY CAPACITY..................................................................................................................... 8
132.
NON-DISCRIMINATION...............................................................................................................8
133.
OBJECTIONABLE CONDUCT........................................................................................................ 8
134.
PHOTOGRAPHERS......................................................................................................................8
135.
COPYRIGHT INFRINGEMENT....................................................................................................... 8
136.
SOLICITATIONS...........................................................................................................................8
137.
RIGHT TO ALTER POLICIES, PROCEDURES, AND RENTAL RATES .................................................. 8
138.
FACILITY SMOKING POLICY......................................................................................................... 8
139.
FACILITY STAFF........................................................................................................................... 8
140.
SPECIAL RATES AND SERVICES.................................................................................................... 9
City of Lubbock, Texas
Civic Centers
Rental Program Booklet
101. Definitions: The Lubbock Civic Centers of the City of Lubbock and County of Lubbock, Texas
hereinafter called Facility, means any hall, theater, meeting room, or other area designated in the Lubbock Memorial
Civic Center, City Bank Auditorium -Coliseum, Wells Fargo Amphitheatre, and any other facility managed by the
Civic Center falling under the jurisdiction of the City of Lubbock. The Facility is a tax supported municipal facility.
Lease as used herein means the written contract issued to an applicant by the Director of the Facility under the
authority and condition as herein provided, including any amendment or supplement to such a contract.
Lessee as used herein includes any person, association, public organization, partnership, business trust, company or
corporation that contracts to use any part of the Facility in accordance with the provisions of these regulations.
Non -Profit Ei,ents - A non-profit event is a function sponsored by any of the following categories when the majority
of the net proceeds are bestowed on or retained by the sponsoring organization. Organizations claiming non-profit
status must present proof of their non-profit status as issued by the Internal Revenue Service prior to contracts being
executed.
Examples:
• Non-profit chartered civic organizations.
• Non-profit fraternal organizations.
• Governmental organizations.
• Non-profit educational organizations.
• Non-profit religious organizations.
• Chartered charitable organizations.
• Organizations qualifying under section 501 of the Internal Revenue Service Code.
Gross receipts as used in these regulations shall mean income from sales minus excise taxes or sales taxes levied by
the City, County, State or Federal Government. Any deductions from the gross receipts shall be substantiated by
submission of a statement of such deductions.
Concessions as used herein shall mean the use and occupancy of any part of the Facility for the
1. Sale or dispensing of programs, records, periodicals, books, magazines, newspapers, soft drinks,
alcoholic beverages, flowers, candies, food, novelties or related merchandise and souvenirs; and
2. Rent and/or sale of opera glasses, cushions, photographs or other such articles.
Concessions shall not include the sale, donation, or giving away of merchandise or products which are a part of, or
directly related to, an authorized convention or trade show for which a fixed rental for booth space is otherwise
charged.
Primal), tenant as used herein is a designation of a lessee's booking status and is determined by the Civic Services
Director. Qualifications include:
1. Minimum contract of five events per calendar year; and
2. Each event will be for multiple days.
Festival as used herein shall describe an annual event sponsored by a local non-profit organization that spans
multiple days and focuses on arts, culture, and/or entertainment germane to this area.
Convention as used herein is determined by Visit Lubbock and the City of Lubbock and must include a minimum of
250 total room nights for the event.
102. Authority: The Civic Services Director, as referred to in these regulations, shall have full responsibility
for the operation of the Facility and shall act on behalf of the City of Lubbock in all matters pertaining to the
Facility. The Director shall be authorized to enter into rental contracts subject to the prevailing rental rates and
contingent upon approval in the City's Contract Management Process. The right is reserved by the Director or other
duly authorized representatives of the Facility to enter the Facility and all parts thereof at all times. The Civic
Services Director may approve any deletions, additions, or modification to the standard rental contract for the City
of Lubbock facilities, with review by the City Attorney.
103. Lease or Rental Agreement: All rental contracts shall be in written form and executed by the City
of Lubbock. No oral agreement for the use of the Civic Centers shall be valid.
Federal regulations require reporting of all payments in excess of $600 during a calendar year. 1099's will be issued
at the end of the calendar year to any Lessee or Vendor where payments for show settlements have exceeded this
City of Lubbock, Texas
Civic Centers
Rental Program Booklet
amount. In order to comply with these regulations, the taxpayer identification number is required before payments
can be issued to the Lessee or Vendor.
Basic rental rates for actual event days/performances include available heating and/or cooling, available lighting and
water, normal janitorial cleaning services, and the initial chair or chair/table set-up. However, failure to furnish any
of the foregoing utilities or services resulting from circumstances beyond the control of the Facility shall not be
considered a breach of contract. Additional charges will be assessed for extraordinary or overnight utility usage.
Changes made in the initial set-up may require payment of an additional charge. Major changeovers (from one set-
up to another) made within a single working day (7:00 a.m. - 12:00 a.m.) will require payment of an additional set-
up charge. This includes set-up changes of tables, chairs, risers, stages, head tables, etc. Pre -event and post -event
charges are covered under Section 140.
The Lessee may be required to furnish in writing any information requested by the Director to determine which
facilities, arrangements, special services, and/or equipment might be necessary to the staging and proper
management of their event. For exhibitions or conventions, Lessee must furnish drawings as to locations and
dimensions of all exhibit booths and equipment indicating utility requirements. The Director must approve these
requirements. At no time can exhibit booths, tables, chairs, or any other set-up created by an event block entrances
and/or exits. There must be at least an eight foot clearance between an entrance/exit and any exhibit booth or set-up.
Should Facility Management determine that exhibits or any portion of an event set-up is in violation of proper fire
and safety code restrictions, Lessee will insure that the violation is immediately corrected. The City of Lubbock
Fire Marshal must approve any exception.
All set-up information, in and out times and actual event times must be submitted, in writing, at least two (2) weeks
prior to the event. Due to staff scheduling requirements, the Lessee must adhere to these times or else an overtime
fee will be charged. (See Section 140 for charges.)
The Lessee will appoint one individual to coordinate all activities and set-up information with the Facility Staff.
104. Booking Policy:
To Place a Hold: An event may reserve a date and space as a contract is considered. There are four hold statuses -
tentative, 2", 3`d, and 4". The tentative hold has the first right of refusal on the date/space. Rental rates are
guaranteed upon contract; a hold does not guarantee a rate.
To Contract: Signature authority and deposit are required to confirm an event. Current rental rates at the time the
contract is issued will apply. Any other holds applicable to the event will be automatically released.
First-time and Nonrecurring Events: A tentative hold may be placed on a date and space up to three years in the
future. The hold will remain for 30 days; at the end of 30 days, the event must contract or the hold will be released.
For events booked less than 30 days out, a contract and full rental payment are due within five business days of
booking.
Recurring Single Events: Event holds are the responsibility of the Lessee; Civic Center staff will not
"automatically renew" a hold for subsequent years. An organization may contract an event up to three years in the
future; the validity of future contracts is contingent on the satisfactory financial closure of the current year's event.
For events booked less than 30 days out, a contract and full rental payment are due within five business days of
booking.
Performance/Sports Seasons: Season holds are the responsibility of the Lessee; Civic Center staff will not
"automatically renew" a hold for subsequent years. Organizations may contract up to three seasons at a time; the
validity of future contracts is contingent on the satisfactory financial closure of the current year's season. Contracts
are issued by January 15 (or 8 months) prior to the beginning of the season, whichever comes first. An exception is
allowed for performances booked during the months of August through November. These performances do not have
to contract until two weeks after the Texas Tech University football season is announced. For events booked less
than 30 days out, a contract and full rental payment are due within five business days of booking. Event dates not
contracted by the deadline will be removed from the calendar.
Conventions: Conventions, negotiated through Visit Lubbock, are required to contract immediately upon
notification of intent to utilize the Civic Center. Rental rates submitted by the Facility during the proposal process
will apply. Recurring conventions are subject to the same restrictions as "Recurring Single Events."
Challenge Policy: If a second party challenges a tentative hold within the current 12 month period, the challenger
must produce a non-refundable deposit before an official challenge will be issued. Once the deposit has been
2 j - — - --- - -- - —
City of Lubbock, Texas
Civic Centers
Rental Program Booklet
received, contact will be made to the party with the hold. If the party cannot be reached by phone or email, a
certified letter will be sent. If the party releases the hold, the letter is returned, or there is no response, the hold will
be released and the challenger will need to contract within two business days. If the party decides to contract the
dates on hold, a contract and non-refundable, non -transferable deposit will be required within two business days
from the time of contact. The deposit issued by the challenger can be applied to a future event within 12 months.
The Director may deny rental of any of the Civic Centers facilities if, in his/her judgment, a booking conflict appears
imminent. A three-day protection period between similar events will be exercised at the discretion of the Director
and coordinated between the Civic Center, the City Bank Auditorium -Coliseum, and the Wells Fargo Amphitheatre.
The Director reserves the right to increase the number of protection days between similar/conflicting events.
Any exceptions to the published booking policy are at the discretion of the Civic Services Director in consultation
with the Lubbock City Manager.
105. Rehearsals and Move-Ins/Outs: The rates listed herein entitle a Lessee to use the space specified
in the rental contract for rehearsal and/or move -in purposes beginning at 7:00 a.m. on the day of the event without
additional cost. The hours shall be approved by the Director and shall be subject to cancellation by the Director
upon 24 hours notice to the Lessee. The cost of any special labor, equipment, or services in connection with such a
rehearsal and/or move-in/out will be charged to the Lessee based upon the prevailing rates at the time of the event.
Move -ins and rehearsals prior to the date of the event and move -outs specified in the rental contract shall be subject
to additional rental, which will be 50% of the established rental rate plus the cost of any additional services.
Rehearsal and move-in/out dates are available only when another Lessee has not scheduled the facility for use.
Times for move -ins, move -outs, and/or set-ups and for teardowns may be negotiated at the discretion of the
Director. Energy conservation is of prime concern and minimum levels of lighting, ventilation, heating and air
conditioning will be maintained during move-in/out periods. A utility charge, in addition to the basic rental fee, may
be assessed for special lighting and comfort level requirements during move-in/out or rehearsal periods.
106. Re -letting and Sub -Leasing: The City of Lubbock reserves the right to re -let any portion of the
Lubbock Civic Centers, which becomes vacant during the lease of any other contract. If the City of Lubbock re -lets
because of Lessee's fraud or misrepresentation, no refund will be due such Lessee. No Lessee shall assign any lease
without approval of the Civic Services Director.
107. Payment of Fees: Fifty percent (50%) of the base rental fee shall be paid upon execution of the
contract. Failure to receive a deposit with the contract negates the contract and the dates will be released. The
balance of the rental shall be required hvo weeks prior to the event. if full payment is not received or alternate
arrangements made, the event will be cancelled. Fees for any special services and equipment needed shall be paid
prior to the completion of the final event. The Director, if deemed necessary, may request that full rental and other
fees be paid in advance for use of any facilities. In the event of cancellation by the Lessee, without the written
approval of the Director, all moneys previously paid by the Lessee as a deposit or a rental shall become property of
the City of Lubbock and shall not be refundable. All rental fees shall be paid in lawful money of the United States
by cash, certified check, money order, personal check, or credit card (Visas and Mastercard,).
Payment of all Federal, State, County, or City taxes and licenses in connection with any attraction shall be the
responsibility of the Lessee. The Director may, on occasion, for the protection of the Civic Center, City Bank
Auditorium -Coliseum, and Wells Fargo Amphitheatre collect all such taxes and directly pay them to the proper
Federal, State, or other government units.
108. Authorized Refunds: Refund of advance rental deposit may be authorized where:
Lessee gives written notice of cancellation at least six months (180 days) prior to the date reserved.
The scheduled performance is cancelled under any of the terms of the regulations governing the
management of the Facility.
The performance is otherwise cancelled at the request of the Director and with the consent of the
Lessee.
City of Lubbock, Texas
Civic Centers
Rental Program Booklet
109. Insurance Requirements: The Lessee shall be required, at its sole cost and expense, to secure and
maintain during the term of this contract, public liability with property damage liability and contractual coverage
insurance against losses or claims relating to or arising out of the holding or presentation of the Event and any use or
occupancy of the Facility by the Lessee and its agents, contractors and employees. Lessee may choose their
insurance company or purchase insurance coverage through the Tenant User Liability Insurance Program
(T.U.L.I.P.) offered through the City. See section 140 for further information on this program. Companies
authorized to do business in the State of Texas must issue insurance policy. Said Lessee must also provide
certificates of insurance (liability) naming the City of Lubbock as a primary additional insured. The
certificate of insurance provided to the Facility should include the following information and limits:
• Name of your Insurance Company/Name and Telephone Number of contact person
• Your Name/Company Name and Address as the Insured
• Minimum Policy Limits as follows:
General Liability
General Aggregate $
1,000,000
Products
1,000,000
Personal & Adv Injury
1,000,000
Each Occurrence
1,000,000
Damage to Rented Premises
50,000
Medical Expense
5,000
• Description of Operations/Locations/Restrictions/Special Items
• Name of Event, Date of Event, Exact Location of Event (Facility)
• Primary Additional Insured: City of Lubbock
• Certificate Holder: City of Lubbock
c/o Lubbock Memorial Civic Center, City Bank Auditorium
and Coliseum, and Wells Fargo Amphitheatre
1501 Mac Davis Lane
Lubbock, Texas 79401
The insurance policy shall contain an endorsement providing contractual liability coverage to insure the
liability assumed herein. The Director shall be notified by the Lessee of any exclusion to the insurance policy
provided for the event contracted. The Director shall be provided with a certificate evidencing all such insurance as
specified herein and any other insurance, which the Director may require. This certificate shall be submitted no less
than two weeks prior to the event. Failure to provide the necessary insurance by the deadline will result in a
cancellation of the event. The City of Lubbock Risk Manager may, at his/her discretion, increase or decrease the
amount of insurance coverage required for specific events.
110. Liability for Lessee's Property: Neither the City of Lubbock nor their employees shall be liable
for any loss, damage, or injury to properties of any kind that are shipped or otherwise delivered to or stored in or on
the premises. Due to limited storage space in the Facility, Lessees must first obtain permission from the Director or
Event Coordinator prior to shipping small quantities of property/merchandise to the Facility. It is the responsibility
of the Lessee, when using a Decorator, to insure that vendors send their shipments directly to the Decorator. Failure
to do so may result in Facility assessing an appropriate storage/handling fee to the Lessee. Rodeos, circuses and
other events involving animals shall not leave animals unattended in the Facility. The Lessee shall bear the cost of
overnight security, with said security being arranged for by the Facility. Only Lubbock Police officers are permitted
to work overnight security.
111. Box Office and Ticketing Procedures: Tickets to all events for which there is an admission
charge shall be sold through the Select -a -Seat computerized ticketing system, which is operated by Civic Lubbock,
Inc. Civic Lubbock, Inc. has been granted the license for all ticketing operations within the Civic Centers facilities.
The Director may, at his/her discretion, authorize non-profit organizations to handle their own ticket sales. These
organizations will be required, however, to furnish the facility with a ticket manifest showing the number of tickets
printed and a record of attendance at the conclusion of their event. All events where admission is charged at the
door will be required to give the Facility an attendance count. At no time shall the number of tickets sold exceed
capacity. It is also the Lessee's responsibility to insure that attendance does not exceed capacity when no admission
is charged.
D
City of Lubbock, Texas
Civic Centers
Rental Program Booklet
112. Advertising of Events: All advertising of paid attractions must state total admission prices. The
Lessee shall not announce events scheduled at the Facility until contracts and deposits have been properly approved
and executed by the Director.
113. Broadcast or Telecast: It will be the responsibility of the Lessee to inform the Director when
telecasts or broadcasts will be conducted in conjunction with the contracted event at the Facility. The Director shall
have the authority to negotiate charges for these events. It will be the responsibility of the Lessee to insure that
Lubbock, Texas, or the name of the Facility is mentioned during the telecast, broadcast or filming of the event.
114. Crowd Control and Security Personnel: Lessees are responsible for the security of all areas
utilized and covered under their contract. It shall be the responsibility of the Director to determine the number of
crowd control and/or security personnel required for each event. It shall be the responsibility of the Lessee to pay
for the crowd control and security personnel. Security shall be required at any event where alcoholic beverages are
served and/or Select -a -Seat is selling tickets. Security is encouraged when admission is charged at the door or the
Box Office. Lessees are also encouraged to arrange for overnight security during multiple day events when Lessee's
or Exhibitor's items will be left in the building overnight. Lessee shall coordinate all security with the Director or
designated representative.
115. Catering and Concessions: The Facility reserves and retains the sole right to conduct and/or control
either directly, or through separate contracted vendors, all catering and concessions including but not limited to the
items listed and defined in Section 101 under "Definition, Concessions." The sale or dispensing of any items must
have prior approval and is subject to a 25% fee (gross sales, after taxes) payable to Civic Lubbock, Inc. at the
conclusion of the event.
All sales requiring the payment of additional fees and/or percentages of sales shall require the Lessee to certify the
amount of said sales in writing. Said fees and/or percentages shall be paid at the closing of the event unless
otherwise approved by the Director.
It is the Lessee's responsibility to insure that no food or beverages are brought into the facilities unless prior
approval is obtained from Management.
The Director must approve Caterers. Caterers are required to sign a catering agreement and provide proof of
insurance before catering an event in the Facility. Only those caterers on the Facility's approved list of caterers will
be eligible to cater on the premises. Caterers are provided within the building, kitchen and scullery, warmers,
sneeze guards, tables, chairs, utilities, etc. For these benefits and to cover these operating costs, the caterer is
assessed a 15% catering fee, which is a percentage of their total bill charged to the Lessee. Caterers who are
delinquent in their payment of the catering fee shall be prohibited from catering additional events in the Civic
Centers until full payment is made. Lessees are encouraged to check with the Facility's Food and Beverage
Department to insure that the desired caterer is in good standing.
Minimal catering services are available through the Facility's Food and Beverage Concessionaire,
116. First Aid Services: First Aid services are available through approved organizations for a fee. The
Lessee shall be responsible for payment of any and all fees for these services and it shall be the responsibility of the
organization providing the service to collect said fees. A list of approved organizations providing first aid services
is available upon request through the Facility Management. The Lessee shall notify the Facility Management prior
to the event when these services will be utilized. The Facility is not responsible for the services provided by any of
the approved organizations.
117. Machinery, Hazardous Materials, Flammable Liquids, Electricity, and
CookingiWarming Devices: No person shall use any engine, motor or other type of machinery within the
Facility, or use any gas or other flammable liquid or chemical without the approval of the Director. The Director
must approve electrical connections of any kind. No gas or internal combustion vehicle shall be allowed to remain
in the Facility without the approval, in advance, of the Director. No open flamed devices shall be permitted without
the approval of the Director. Any candles used for table decorations must be fully covered by an appropriate flame
guard that is higher than the flame of the candle.
Vehicles on display or left in the facility must comply with Section 9-4.4.4 of the Life Safety Code:
• All fuel tank openings shall be locked and sealed in an approved manner to prevent the escape of
vapors.
5 --
City of Lubbock, Texas
Civic Centers
Rental Program Booklet
• Fuel tanks shall not be more than one quarter (1/4) full or contain more than 10 gallons of fuel,
whichever is less.
• At least one battery cable shall be removed from the batteries used to start the vehicle engine. The
disconnected battery cable shall then be taped.
• Vehicles shall not be moved during show hours.
In accordance with Section 11, item 84 of the City of Lubbock Code of Ordinances, "No person may manufacture,
sell, or give away fireworks, or store, possess, or use fireworks" unless Lessee secures a proper permit from the City
of Lubbock Fire Marshal.
Any electrical tie-in requiring 600 amps or more shall be performed, at the Lessee's expense, by a bonded, licensed
electrician. Management must approve electrician in advance.
The Lessee must inform exhibitors that all hazardous materials displayed and/or sold out of their exhibit booths must
have Material Safety Data Sheets available for those products.
Cooking and food warming devices in exhibit booths shall comply with the following:
Gas fired devices.
• Compressed natural gas may be used where permitted by the authority having jurisdiction.
• A LP -Gas cylinder is prohibited from being used.
Devices shall be isolated from the public by at least 4 ft (122 cm) or by a barrier between the device and the
public.
Single -well cooking equipment using combustible oils or solids shall:
• Have lids available for immediate use.
• Be limited to 288 sq in. (19 sq m) of cooking surface.
• Be placed in noncombustible surface materials.
• Be separated from each other by a minimum horizontal distance of 2 ft (61 cm).
• Be kept a minimum horizontal distance of 2 ft (61 cm) from any combustible material.
A 20 B:C fire extinguisher shall be provided within the booth for each device, or an approved automatic
extinguishing system shall be provided.
118. Obstruction of Doors, Passageways, Corridors or Lobbies: No portions of the sidewalks,
entries, plaza walkways, passageways, doors, aisles, elevators, vestibules or other means of access to the public
utilities of the premises shall be permitted to be obstructed, nor shall any windows, ventilators or lighting fixtures be
obstructed. No vehicles or other drivable equipment shall be driven onto or parked on any sidewalk or entry into the
Facility without prior approval of the Facility Management.
119. Equipment Usage: No person may use or transport any equipment, furniture or other articles, which
are the property of the Facility without the approval of the Director. As used in this section, the word "equipment"
is to include all items of inventoried equipment which are moveable or portable, such as ladders, tables, chairs, etc.
120. Signs, Posters, Literature, and Decorations: Posters and/or signs may only be posted on
bulletin boards provided for such use within the Facility. All such advertisements must relate to the event to be held
on the premises. The hanging of pictures, banners, or other items must have the approval of the Director.
The Lessee shall not distribute, circulate, or allow circulation of any advertising matter or programs at the entrance
to any part of the premises that does not completely pertain to the immediate attraction. No advertising matter shall
be distributed or circulated on parking facilities or walkways adjacent to the facility.
Decorations, signs, banners and similar materials may not be taped, nailed, pinned, bolted, tacked, stapled or
otherwise fastened to ceilings, doors, walls, glass, columns, painted surfaces, fabric or decorative walls
without approval by Facility Management. Easels are available to use for signage. Signage found taped or
otherwise attached to walls or doors will be taken down immediately by the Civic Center Management and the
Lessee will be financially responsible for any damage that is caused. Any floor tape to be used on carpeted areas
must be approved in advance by Facility Management and Lessee will insure that their contracted decorator removes
all floor tape used in laying carpet, etc. from all floor surfaces immediately following the event. Acceptable types of
floor tape are cloth and gaffer's tape. Duct tape is NOT acceptable. Glitter, confetti and/or sequins are highly
discouraged and an additional clean up fee may be charged when used. Lessee may be required to put plastic under
2
City of Lubbock, Texas
Civic Centers
Rental Program Booklet
decorations that are to be set on carpet i.e. bales of hay. Bales of hay must be pre-treated with a flame-retardant
chemical.
The Lessee, after required approval, may elect to hang banners, posters, or pictures themselves, provided Lessee
provides the required equipment, i.e. ladders, pipe and drape, etc. Otherwise, the Stage Department will provide a
crew of no less than two (2) people to hang Lessee's materials and Lessee shall pay the cost for such labor. It will
be the responsibility of the Lessee to insure that banners are affixed in an appropriate manner. The encouraged
method is using pipe and drape provided through a decorator.
In order to abide by the sign ordinance in effect within the City of Lubbock, approval by the Director will be
required prior to any signs/banners of any type being placed on Civic Centers' property outside of the building.
121. Animals in the Building: Personal pets are not allowed in any Facility. Animals associated with the
performance of an event or event activity will not be allowed to remain in the facility overnight without the
Director's approval. If approval is given, security may be required with the cost borne by the Lessee. Lessees will
not be allowed to remain in the building overnight with guard dogs unless they arrange for additional security
approved by the Facility Management. Guests that normally require the use of a service animal will be allowed to
bring that animal into the Facility.
122. Display Advertising Rights in Facility: The Facility retains all rights to advertising signage
within the Facility and its premises. The Lessee or any of Lessee's agents, employees or representatives, shall not
obstruct, cover or remove any installed advertising signage or portion thereof that is under contract with the Facility
at the time of the event. The Director must approve the hanging of temporary banners and/or signage by the Lessee
as well as the hanging location within the Facility and its premises in advance.
123. Alterations of Leased Premises: If alterations of the Facility are required, the Director must first
approve alterations.
124. Abandoned Equipment or Articles: The Facility shall not be held responsible for articles left on
the premises. The Facility shall assume no responsibility for losses when such losses were caused by theft or
disappearance. Any items abandoned by an Event, will be disposed of in an appropriate manner.
125. Observance of Laws and Regulations: The Lessee shall comply with all City, County, State, and
Federal laws, and with regulations pertaining to the Facility. Violations by the Lessee or its agents or employees
may result in cancellation of the lease and/or discontinuation of use of the Facility.
126. Permits and Licenses: It is the responsibility of the Lessee to obtain the appropriate permits or
licenses, when applicable, prior to leasing the Facility.
127. Intermissions: Lessee agrees that for ticketed events lasting one and one-half hours or more there shall
be an intermission of not less than 20 minutes. This intermission requirement may be waived at the discretion of the
Director.
128. Public Address Announcements: The Facility Management reserves the right to make public
address announcements during public attractions and intermissions. These messages and announcements will
usually pertain to future attractions and/or relate to the welfare and safety of those attending events.
129. Parking: The City of Lubbock, delegating the authority to the Director of the Facility, shall maintain and
control parking on city -owned property - on and about the Facility site - excluding parking on city streets. At all
times, parking for Facility events shall have priority over parking for any other purpose. The Facility retains the
right to charge a parking fee to patrons wishing to park in the primary lots. This fee will be a per vehicle charge,
and may be sold in advance or on a first come -first serve basis at the discretion of the Director. It should be noted
that parking lots for the City Bank Auditorium -Coliseum might be shared when events are held at surrounding Texas
Tech University facilities.
Parking is prohibited within marked fire lanes. It is the Lessee's responsibility to ensure full compliance within their
organization.
It is the responsibility of the Lessee to insure that exhibitors loading and unloading for events adhere to Americans
with Disabilities Act regarding use of designated parking spaces. The Lubbock Police Department's Parking
Control patrols these areas regularly and tickets are issued to vehicles in violation.
City of Lubbock, Texas
Civic Centers
Rental Program Booklet
130. Recreational Vehicle Book -ups: A fee will be charged for available recreational vehicle hook-ups
on the premises of the Civic Center. Hook-ups are not available at the Auditorium -Coliseum or Amphitheatre.
Electrical and dump services shall be provided for this fee. Fees should be paid in the Civic Center Administrative
Office upon arrival on the premises. All hook-ups are on a first -come first -served basis. Facility is not responsible
for any damages caused by overloading circuits or fluctuations in supply.
131. Facility Capacity: The maximum capacity of the Facility is determined by the egress (exit) capacity.
The City of Lubbock Fire Marshal shall determine the maximum capacity of the City Bank Auditorium -Coliseum
and Wells Fargo Amphitheatre. Lessee shall not permit tickets to be sold or distributed, including complimentary
tickets, nor attendance at non -ticketed events to exceed the maximum seating capacity for that space. The Facility
reserves the right to determine when capacity has been achieved and to control access at that point.
132. Non -Discrimination: No person, group, or association shall be excluded from use of the Facility
because of handicap, race, color, creed, or national origin; and no rules or regulations may be promulgated by the
Lessees of the Facility which will discriminate against any person, group, or association or exclude them from use of
the facilities or participation in the facility activities.
133. Objectionable Conduct: Any performer, person or persons attending events at the Facility whose
conduct becomes disorderly or disruptive shall be subject to ejection from the premises. The Lessee shall hold the
City of Lubbock harmless from any claim for such action.
134. Photographers: When Commercial photographers are acting in conjunction with events held in the
Facility it is the responsibility of the Lessee to insure that photographers provide for their own special electrical
needs i.e. extension cords, power strips, etc.
135. Copyright Infringement: Lessee accepts all responsibility for and will assume all costs arising from
the use of patented, trademarked, franchised, or copyrighted music, materials, devices, processes or dramatic rights
used on or incorporated in the event. Lessee specifically represents and warrants that all copyrighted material to be
performed has been duly licensed or authorized by the copyright owners or their representatives. Further, it is
agreed that Lessee shall defend, indemnify and hold the City of Lubbock and the Facility harmless for any claims,
losses or expenses arising from non-payment to licensing agencies, including but not limited to ASCAP, BMI and
SESAC or damages growing out of Lessee's infringement or violation of Federal Copyright Laws and/or
Regulations. The Facility expressly assumes no obligation to review or obtain appropriate licensing, and all such
licensing shall be the exclusive obligation of Lessee.
136. Solicitations: No collections or donations shall be allowed in the facilities without the approval of the
Management.
137. Right to Alter Policies, Procedures, and Rental Rates: The City of Lubbock reserves the
right, within reason, to change, alter, amend or cancel any and all of the regulations contained herein with 30 days
notice to Lessee. Rental rates are subject to change when new contracts are issued.
138. Facility Smoking Policy: in accordance with the City of Lubbock Ordinances, the Civic Center, City
Bank Auditorium/Coliseum, and Wells Fargo Amphitheatre are smoke -free facilities. Smoking, including electronic
cigarettes, is not permitted in these facilities. It is the responsibility of the Lessee to ensure that attendees adhere to
the policy.
139. Facility Staff: To insure that the Lessee receives the best possible service and information regarding the
various services required for the event, the Lessee should contact the section supervisor in each specific area and
provide the necessary event requirements and set-up information. The positions listed below will be available to
provide advice and consultation regarding your set-up needs and requirements.
Director
Assistant Director
Senior Event Coordinator
Booking in formation: dates, contracts, rates, setups, etc.
Food & Beverage Coordinator
Concessions, catering, bars, tablecloths, coffee setups, etc.
Technical Coordinator
Audiovisual equipment, staging, sound, lighting, etc.
806.775.2236
806.775.2237
806.775.2248
806.775.2238
806.775.2258
City of Lubbock, Texas
Civic Centers
Rental Program Booklet
Box Office Manager
806.775.3670
Accounting
806.775.2265
Physical Addresses
Lubbock Memorial Civic Center
City Bank Auditorium/Coliseum
Wells Fargo Amphitheatre
1501 Mac Davis Lane
2720 Drive of Champions
413 E. Broadway
Lubbock, Texas 79401
Lubbock, Texas 79409
Lubbock, Texas 79403
Mackenzie Park
Mailing Address
Lubbock Memorial Civic Center
1501 Mac Davis Lane
Main Telephone
806.775.2242
Lubbock, Texas 79401
Fax
806.775.3240
140. Special Rates and Services:
Building rental rates may be obtained
upon request. Rates are
guaranteed at time of contract.
Major Chanee-over Charges:
Single Meeting Rooms
$ 60
Double Meeting Rooms, Room 107, Terrace Suite
160
1/3 Banquet Hall
300
2/3 Banquet Hall
400
Full Banquet Hall
500
1/3 Exhibit Hall
600
Exhibit Hall
750
Full Exhibit Hall
900
A major changeover is defined as changing the room from one complete set-up to another. For example, changing a
room set-up for a banquet, with table and chairs
to room set auditorium -style. Minor changes will be subject to a per
table and/or per chair charge.
Overtime Rental Charges:
Regular
Holiday
Exhibit Hall $ 250
$ 375
per hour or portion thereof
Banquet Hall 150
225
per hour or portion thereof
Theater 150
225
per hour or portion thereof
Meeting Rooms 50
75
per hour or portion thereof
Other Areas 50% the regular rental 75% the regular rental
per hour or portion thereof
rate
rate
Overtime charges will apply if the actual event concludes after 12:00 a.m. or if move -in begins prior to 7:00 a.m. or
if event continues past contracted out time.
Holiday Rental: Available for major events only. Rate is 1'/a times the base rental. Holidays include New Year's
Day, Martin Luther King, Jr., Good Friday, Easter Sunday, Memorial Day, July 4th, Labor Day, Thanksgiving Day,
the Friday after Thanksgiving, Christmas Eve, and Christmas Day. All labor charges will be 1'/z times the current
wage scale. Over -time labor charges on holidays will be 1 % times the holiday rate.
Contingency Rate: To hold any portion of the Facility as a backup in case of rain will require a non-refundable
block out fee, payable within 10 days of placing the date on hold. This fee would apply to the full rental, should the
facility actually be used. The person/organization holding the block out date shall lose the date and the fee shall be
reimbursed if the date is challenged by another event.
Event Staffine: The following personnel are not provided by the Facility and are the responsibility of the Lessee.
Charges for these services are available upon request. In the event Lessee chooses the option to provide its own
event staffing and not utilize a vendor recommended by the Facility, a training session must be held with the
Lessee's event staff prior to the event. This training will be coordinated by the Facility using the Facility's Guest
Services Manual. Lessee will ensure compliance with all rules and regulations set forth in the manual.
Ticket Takers/Sellers Door Guards
Security for Crowd Control Ushers
Extra Labor Coat Check Personnel
City of Lubbock, Texas
Civic Centers
Rental Program Booklet
Merchandising/Novelty Fees:
Merchandise/Novelty/Program Sales 25% of Gross Sales
Approved Food/Concession Sales — Civic Center 15% of Gross Sales
Approved Food/Concession Sales — Auditorium/Coliseum 35% of Gross Sales
Sales Person (if requested) 10% of Gross Sales
Items to be sold must have the approval of the Food & Beverage Coordinator. Lessee will insure that participants
will not sell items sold by facility concessionaire.
Box Office Services: Select -a -Seat, operated by Civic Lubbock, Inc. through a license with the City of Lubbock, is
the Facility's in-house computerized ticketing agency, and controls all ticketing functions for events held in the
facilities. In addition to the professional fee to the Lessee, there will be a handling fee added to the price of each
ticket. The amounts of these fees are available upon request. It is the responsibility of the Lessee to include all
handling fees in any and all advertising placed by the Lessee.
Facility Improvement Fee: In addition to the ticket -handling fee, all commercial events will be assessed a facility
improvement fee of $ 1.00 per ticket. This fee is used to offset costs for maintenance and upkeep of the facilities.
This fee applies to the following facilities: Lubbock Memorial Civic Center, City Bank Auditorium & Coliseum,
and the Moonlight Musicals Amphitheatre.
Event Production Services: Stage technicians, including sound, spotlight operators, stagehands, riggers, forklift
operators, etc. are arranged for by the Facility. The Lessee shall be responsible for the payment of the services. A
written estimate is provided prior to production. Note: A 17% charge will be added to the total labor bill for event
production. This charge covers expenses for Social Security, unemployment tax, and payroll administration.
Normal hours are from 8:00 a.m. — 12:00 a.m. (midnight). Any hours before or after are considered overtime and
will be charged at 1'/z the regular rate. For Holiday hours, see section above. One half (1/2) hour break after five
hours is required, if meal is furnished in-house. An hour break after four hours is required, if crew is sent out. Food
and/or drinks (soft drinks, coffee, etc.) shall be furnished, or one 15 minute break is required every three hours. A
penalty will be assessed for non-compliance.
• Break - $5/Stagehand
• Meal - $10/Stagehand
Any event in the Theater, Banquet Hall, Exhibit Hall, Coliseum or Auditorium, which requires use of the house
sound system, will normally require a sound technician at the current wage scale. Use of the portable sound system
will require a sound technician at the current wage scale. The Technical Coordinator must approve any exceptions to
this requirement in advance. Use of concert staging will require stagehands for set-up and takedown at the Lessee's
expense at the current wage scale.
Sound is not available in single meeting rooms.
Lessee must confirm stage size and other requirements, such as followspot operators, one week prior to the event.
Absolutely no changes in stage size or configuration will be permitted within 48 hours notice prior to the day of the
event.
Band/DJ Policy: Bands not using house stagehands will have one hour after an event's "contracted out time" to
remove equipment from the building. At the expense of the Lessee, one police officer will be required to remain on
premises until the band is out of the building,
Food/Beverage Services: The Facility has a contract with Civic Lubbock, Inc. to operate and/or control all
concession stands and soft drink/coffee setups. Charges for food and beverage services are available upon request.
In the event that an exhibitor requests food/beverage services, the Lessee will be billed for these services. The
Facility Management, the Lessee and the Exhibitor, must approve any exception to this policy.
Civic Lubbock, Inc. operates and/or controls all alcoholic beverage sales. In accordance with the Texas Alcoholic
Beverage Commission rules and regulations, alcoholic beverages shall not be brought onto or removed from the
premises by any Lessee, participant, exhibitor, or patron. It will be the responsibility of the Lessee to insure that the
law is followed. The same policy applies as stated above in regard to exhibitors requesting alcoholic beverage
services.
There will be a charge for bartenders at the current wage scale with a four hour minimum (to include set-up and
clean up) for individual open or cash bars for which sales do not exceed $200.
10
City of Lubbock, Texas
Civic Centers
Rental Program Booklet
Either the caterer or the Facility's concessionaire can provide tablecloths. If the Facility's concessionaire provides
the tablecloths, prices are available upon request.
All labor charges are subject to the current wage scale at the time of the event.
T.U.L.I.P.: The City of Lubbock offers a Tenant User Liability Insurance Program (TULIP) to its Lessees. A
Lessee may choose to purchase their required insurance through this program or they may obtain insurance on their
own. Prices vary depending on the event. Certain restrictions apply. The web address is https:!/www.ebi-
ins.com/tulip and will require a credit card and venue code. Please choose the venue appropriate code from the list
below.
Lubbock Memorial Civic Center
2879-001
City Bank Auditorium
2879-002
City Bank Coliseum
2879-003
Wells Fargo Amphitheatre
2879-004
CIVIC LiIBBOCK, C.
Arta, Culture 8 Enterteinmant Civic Lubbock, Inc. is a non-profit 501(C)3 organization dedicated to fostering and
promoting educational, cultural and entertainment programs, to include the visual and performing arts, for the
citizens of Lubbock and the surrounding area. Proceeds generated by concession sales, alcohol sales, and
merchandiselcatering!ticketing fees are returned to the Lubbock community in the form of grants, public art, and
special projects. For more information, please visit their website at www.civiclubbock.com.
— - - - - -- - i I -- — - __ — - — -- __ -
City of Lubbock, Texas
Civic Centers
Rental Program Booklet
INDEX
A
Alcohol....................................................................
11
C
Catering/Concessions...............................................
5
Civic Lubbock, Inc ....................................................
11
Contracting..............................................................
2
Cooking in Building ...................................................
6
D
Damage to Building ...................................................
6
E
EventStaffing............................................................
9
F
FacilityFee..............................................................
10
H
Holidays....................................................................
9
Insurance................................................................
4
M
Merchandise Fees ...................................................
10
Move-In/Rehearsal................................................... 3
N
Non-profit................................................................. 1
P
Payment....................................................................
3
R
RentalRates ............................................ ..............
2
5
Shipping...................................................................
4
Stagehands.............................................................
10
T
Ticketing....................................................................
4
TULIP.......................................................................
11
V
Vehicles in Building... ................................................
5
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2017-166817
Lubbock Moonlight Musicals Inc
Lubbock, TX United States
Date Filed:
02/14/2017
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City Of Lubbock
Date Acknowledged:
02/15/2017
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13290
Lease of Amphitheatre for Theatrical Productions
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
Dolter, Gerald
Lubbock, TX United States
X
Henson, Robin
Lubbock, TX United States
X
77
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the
day of
20 to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.— ,
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2017-166817
Lubbock Moonlight Musicals Inc
Lubbock, TX United States
Date Filed:
02/14/2017
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City Of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13290
Lease of Amphitheatre for Theatrical Productions
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Dolter, Gerald
Lubbock, TX United States
X
Henson, Robin
Lubbock, TX United States
X
5
Check only if there is NO Interested Party. ❑
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
�01YP 1, MARIA TERESA VILLAGRANA
�y 7SNotary Public, State of Texas
Comm. Expires 06-10-2020 I ��
Notary ID 130696932
aature of au rized agent of contracting business entity
r
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said l t n this the _ day of
20�_, to certify which, witness my hand and seal of office.
i
Signature of officer administering oaFg Printed name of officer administeA oath Title o icer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277