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HomeMy WebLinkAboutResolution - 1497 - Contract - Richard Weaver - Original Play, Jubilee 75 - 09/22/1983SMH:da RESOLUTION RESOLUTION 1497 - 9/22/83 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT The Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between the City of Lubbock and Richard Weaver, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: 22nd day of September , 1983. /Z- 441, fz � L ALAN HENRY, M OR Evelyn Gaf ga,"City S r -Treasurer APPR VED AS TO ONTENT: Vaughn offen Uri D rector of Community Relaborons APPROVED AS TO FORM: 9� Im - k M. Horton, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK RESOLUTION 1497 - 9/22/83 This Contract, made and entered into as of the 22nd day of September , 1983 by and between the City of Lubbock, herein- after referred to as "City" and Richard Weaver, hereinafter referred to as the "Author". In consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, it is agreed as follows: 1. The Author agrees to write an original play including a complete musical score that will portray characters and events similar to historical persons and events in the West Texas region and that will be suitable for produc- tion on the premises of the Ranching Heritage Center in Lubbock, Texas. 2. The Author warrants that the work will be written by him and that he has the right to enter into this agreement. Copyright of the play is the responsi- bility of the Author. The Author enters this agree- ment in his individual capacity and in no manner whatsoever commits Texas Tech University or any Depart- ments thereof. 3. The Author agrees that the City shall have the exclu- sive right to produce the play and acquire the Author's services in connection therewith. 4. The Author agrees that he will perform such services as may be reasonably necessary in making revisions as needed through the second week of the first produc- tion. 5. The Author agrees that he will assist in the selection of the cast and consult with, assist and advise the producer, director, dance director, conductor and scenic and costume designers in the problems arising out of the production. 6. The Author agrees that he will attend rehearsals of the play prior to the opening of the play, provided, however, that he may be excused from such attendance on showing reasonable cause. 7. In consideration of the foregoing and of the Author's services in writing the play and the Author's agreement to perform services in connection with its production as hereinabove provided, the City agrees to pay to the Author a total of Seven Thousand Dollars ($7,000) to be paid as follows: (a) Two Thousand Dollars ($2,000) upon delivery of a scenario on or before November 11, 1983. (b) Two Thousand Dollars ($2,000) upon delivery of a draft on or before November 29, 1983. (c) Three Thousand Dollars ($3,000) upon delivery of a final draft on or before February 1, 1984. 8. The Author agrees that the scenario will have all characters, settings and situations of the story outlined. Upon completion of the scenario it will be presented for review by the Arts & Humanities Committee of Jubilee 75. The draft will be a version of the play and will be a minimum of 70 pages, single spaced. Upon completion the draft will be presented for review and comment before a jury of playwrights of the Author's choice. The final draft will be a completed play and will be a minimum of 70 pages, single spaced. 9. The Author and the City agree that the play will be the property of the City. In the event that there is an outright sale of the play, the Author and the City shall share the proceeds in the following manner: City: 50% Author: 50A The proceeds from all commercial uses such as toys, games, figures, dolls, novelties or any physical property representing a character in the play or using the title of the play or otherwise connected with the play or its title shall be shared in the following manner: City: 50% Author: 50% The City may authorize the outright sale of the play or any other commercial use without the consent of the Author. 10. The Author agrees to hold the City harmless in the event that libel or any infringement of or interference with the rights of any third party is claimed because of the production of the play, however in no event shall the Author be responsible for any material in the play not written by him. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands the day and year first above written. 6L AL N HENR , MAY ATTEST: -E elyn Ga fga, City S r ry-Treasurer APPRIOVED AS TO CONTENT: Vaug Hendz'ie, Director of Community Rel ions APPROVED AS TO FORM h�� (ili• oma/ Susan M. Horton, Assistant City Attorney eaver, Author