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Proposed AGREEMENT Between City and SCC July 1, 2013

Proposed AGREEMENT Between City and SCC July 1, 2013

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Published by SebViz2
Sunset Cultural Center Inc., Carmel
Sunset Cultural Center Inc., Carmel

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Published by: SebViz2 on Jul 03, 2013
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04/16/2014

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AGREEMENTbetween
CITY
OF
CARMEL-BY-THE-SEA,A Municipal Corporation
and
SUNSET CULTURAL CENTER,
A
California Nonprofit CorporationJuly 1, 2013
 
AGREEMENT
THIS AGREEMENT ("Agreement")is enteredinto on , 2013,byandbetween the CITY OFCARMEL-BY-THE-SEA,amunicipalcorporation ("CITY");andSUNSET CULTURAL CENTER INC., a Californianonprofitcorporation ("SCC"
).
RECITALS:
WHEREAS,CITY ownsproperty and improvements locatedbetweenSanCarlos Street and Mission Street,andbetween8
1
h
and10
1
h
A venues,Carmel-by-the-Sea,California,knownas Sunset Community and Cultural Center ("SunsetCenter")whichcontainsan auditorium("theTheater"), particularly described in
EXHIBIT
Aattachedheretoandincorporated herein by this reference;and WHEREAS,SCChas beenorganized as a Californianonprofitcorporationforthe express purpose
of
managing andoperating Sunset Center;and WHEREAS,ingeneral it is important thatthe SCCbe operatedandmanaged asaplace for public,cultural activities, entertainment,community,and conference events soSCCserves asan economic and cultural stimulant forthecommunity;and WHEREAS,Sunset Centerisan economic driver bringing visitorstothecommunity for events and activitiestherebyfulfilling an importantpublic purpose;and WHEREAS,both parties desire thatSunset Centerbe operatedandmanagedas amulti-purpose venuefor publicandprivate,cultural and social events,meetings, entertainment and community events in accordance withthe provisions,terms,and conditions
of
thisAgreement,and in amannerconsistent withtheimportantpublic purpose,sothat Suns
et
Centerwillserve as aneconomicand cultural stimulantforthe community,the people
of
Carmel anditsenvirons;and WHEREAS,SCCisuniquelyandfavorablyconstituted and situatedtosupply and demonstrate the necessaryexpertise,andoperation and management skills,forthepurpose
of
operatingandmanaging SunsetCenter; andWHEREAS,SCC,through itsvolunteer BoardofTrustees,hasthe capacityto providearichand varied citizen participationto
pr
omotetheuse
of
Sunset Center in amannerconsistentwiththe community expectationfora wide range
of
cultural and communityuses;and
 
WHEREAS,itis theintent
of
CITYand SCC to assure themost efficient,responsiveand economicaloperation and management
of
SunsetCenterconsistent with the needs
of
thecommunity;andWHEREAS,Cityand SCC previously entered into an Agreement dated
June
8,2004 ("the FirstAgreement")which
by
its terms concludes on June30,2013; and WHEREAS, neither party is in breach
of
the First Agreement; andWHEREAS,theCityandSCCdesire to,upon termination
of
theFirst Agreement,extendthe relationship created
by
theFirst Agreementupon the terms and conditionsset forthherein; NOW,THEREFORE,for and in consideration
of
the mutualcovenants,terms, provisions,conditions andlimitations hereinsetforth, the partiesagree asfollows:
ARTICLE1DEFINITIONS
Forpurposes
of
theAgreement,words
not
hereinspecificallydefinedshallbegiventheir normal and usualEnglishlanguagemeaning.
The
following terms,phrases,words,andtheir derivations shallhave
the
meaning givenherein.Referencestogovernmental entities
(whether
personsorentities) refertothose entities
or
their successorsinauthority.
1.1
Definitions.
Certain termsin this Agreement arespecificallydefinedand set forthas follows:
1.1.1 Agreement.
Agreementmeans thisAgreement,as it
may
be amended,restated
or
supplementedinwriting from time to time in accordance withtheterms
hereof
andincludesallexhibitsand scheduleshereto. References toSections orExhibitsare tothis Agreement unless otherwisequalified.
2

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