2005/02/09 Council Agenda Packet

AMENDMENT NO. ONE TO AGREEMENT BETWEEN CITY OF EVERETT AND VILLAGE THEATRE This Amendment is by and between the City of Everett, a municipal corporation, (hereafter "City"), and Village Theatre, a non-profit corporation of the State of Washington, (hereafter"Theatre"). WHEREAS, the City and Theatre agreed in 2002 for Theatre to manage the City-owned Everett Performing Arts Center (hereafter"Center") from September 1, 2002 through August 31, 2006; and WHEREAS, the parties desire to clarify the terms of that Agreement regarding concessions; NOW, THEREFORE, the parties agree to amend the following sections of the 2002 Agreement to read as follows: H. THEATRE SERVICES C. Center Management Theatre shall manage the Center for City, including booking of performances, rental of the facility, and selection and management of concessionaires. Theatre shall provide all of the staff support necessary to meet the needs of City in conducting City's activities at the Center, including City's third-party rental activity. Theatre will be responsible for implementing and carrying out all personnel support functions necessary to ensure successful accomplishment of its tasks and activities. City's Chief Administrative Assistant (or his or her representative) shall communicate to Theatre such tasks and activities. Each Year Theatre's Executive Producer (or chief executive officer) shall confer with City's Chief Administrative Assistant (or his or her representative) regarding scheduling and coordination of City and Theatre events and review of Theatre's performance of this Agreement. In consultation with City, Theatre shall establish management practices for rental of the Center and the sale of concessions that implement any City policies and guidelines regarding rental or concessions. Theatre shall establish rental rates for the Center, subject to City's reasonable approval. AMENDMENT NO. ONE TO EVERETT/VILLAGE THEATRE AGREEMENT Page 1 of 2 7