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B. Compensation <br /> 1. September 1,2019 to December 31,2020 <br /> During the first 16 months of the term of this Agreement(that is, from September 1, <br /> 2019 until December 31,2020),City shall pay Theatre$12,500 per month for Theatre's <br /> performance of this Agreement. <br /> 2. Subsequent Years <br /> Beginning in calendar year 2021,compensation paid by the City will annually <br /> increase effective January 1st by a percentage equal to the percentage increase in the CPI <br /> Index for the month of December the preceding year. For example,the CPI index for <br /> December 2019 will be used for the calendar year 2021. The"CPI Index"is the CPI-U for <br /> the Greater Seattle Area(Seattle-Tacome-Bellevue),published by the Bureau of Labor <br /> Statistics,United States Department of Labor. <br /> C. Rental,Facility Fee and Concession Income <br /> Income from rental of the Center,facility fees and concessions shall be Theatre <br /> income. The Theatre may adjust rental and facility fee rates annually with the approval of the <br /> City,which will not be unreasonably withheld. <br /> D. Reports <br /> Each quarter,Theatre shall provide City with an operational summary of activities <br /> and attendance occurring during the quarter,a detailed budget performance summary,and an <br /> income statement that clearly reflects income and expenditures according to generally <br /> accepted accounting principles. Upon City's request,Theatre shall provide City with income, <br /> financial, and profit/loss statements as they are created or maintained by Theatre or its agents <br /> for its own management. <br /> VL INDEPENDENT RELATIONSHIP <br /> A. This Agreement does not constitute or create an employer-employee <br /> relationship. Because Theatre is an independent entity,Theatre shall be responsible for all <br /> . -- obligations-relating_to federalincome_ta4self-employment FICA taxes-and-contributions, <br /> and all other so-called employer taxes and contributions,including,but not limited to, <br /> industrial insurance(Workers' Compensation). Theatre agrees to pay any leasehold excise <br /> tax,if applicable,levied under Chapter 82.29A ROW together with any interest and penalties <br /> which may be assessed thereon. Theatre agrees to indemnify,defend and hold City harmless <br /> from any claims,valid or otherwise,made against City because of such obligations. <br /> B. Any employee of Theatre,while engaged in the performance of any work or <br /> service required by Theatre under this Agreement,is the employee of Theatre only and not of <br /> City, and any claim that may arise under the Workers' Compensation Act and any claim <br /> made by a third party as a consequence of any negligent act or omission on the part of <br /> EVERETT/VILLAGE THEATRE AGREEMENT Page 5 of 10 --� <br /> 26 <br />