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HomeMy WebLinkAboutDocumentation_Regular_Tab 11_05/10/2007\~\ 1 V" ~~ ~ _ ,~. 1 ~~~,<.. ASCAP ~~ ~~ ~ ~~., a ~ ;: ,:, May O1, 2007 ~~ 1~.=~" ~~ ~, Ms. Deborah Telfrin Village of Tequesta, FL Village of Tequesta, FL PO Box 3273 Tequesta, FL 33469-1004 Dear 1v1s. Telfrin: On behalf of all of ASCAP's members, I'd like to thank you for playing our music in your place of business. Whether we have several Grammys or are struggling with our first CD, we all have the same goals, to have our music heard and appreciated by the public. Just as you work hard at your job, we work hard at the craft of songwriting and for many of ASCAP's members, our main source of income is from royalties that ASCAP collects from radio and TV stations, background music services, and businesses such as yours which employ music to attract and retain customers. So thank you for taking out an ASCAP license. We know you understand the value of music at your establishment. This will acknowledge, with thanks, receipt of your license agreement. An executed copy of the agreement is enclosed for your records. In response to our customer's needs, we have developed a.~new interactive web-based system. This easy-to-use system offers yo~.i access r~ your- uceount information, and it allows yrou to make paymen?s directly V~ your acco+ani. by Electronic Check ~r Credit ~~arc. Sh~~ulu yon, ha:,~e any euestions about your license or about our easy-to-ase web system, please contact us. In order to maintain your privacy, we have issued a personal password for your access ~to this seeure~ sy~~;tz*~~. "r~~e Web address is: http://www.ascap.com/gls_web `Ioa~• account number is: 500638252 Your Password is: SRVSDM 1 am proud of my association with ASCAP. As the only member-owned performing rights organization in the U.S., ASCAP takes great pride in the job they do looking out for their members. They are the only Performing Rights Organization whose financial records and payment procedures are open to the public and over 86 cents of every dollar collected goes back to its members. ASCAP also supports emerging songwriters with many workshops and awards programs. Again, thanks for playing our music! Sincerel , ~~ / ~~~ v U Paul Williams Account: 500638252 Enclosure: Certificate ASCAP, 2690 Cumberland Parkway, Suite 490, Atlanta, GA 30339-3913 (Voice)]-800-505-4052 (Fax)770-805-3475 8221628425 ~~~ ~cL ~~~~~n~~rv~r ~~~~~~ ~ s c n r 2007 Rate ScP~ed~le and Report Fore~r Account Number ~ Premise Name. SCHEDULE A: Base License Fee Population Size Base License Fee 1 to 50.000 $284.00 50,001 to 75,000 $567.00 75,001 to 100 000 681.00 100,001 to 125,000 $909.00 125,001 to 150,000 $1,136.00 150,001 to 200,000 $1,476.00 200, 001 to 250 000 $1, 816.00 250,001 to 300,000 $2,158.00 300,001 to 350,000 $2,499.00 350,001 to 400,000 $2.840.00 400,001 to 450 000 $3,180.00 450,001 to 500,000 $3,521.00 500,001 and over "' $4,315.00 ""# $4.315 plus $500 for each 100,000 of population above 500,000 to a maximum fee of $56,781 SCHEDULE B: Special Events The rate for Special Events shall be 1 % of Gross Revenue. "Special Events" means musical events, concerts, shows. pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds $25,000. "Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets, "Gross P.evenue" shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event. SCHEDULE C: State Municipal and/or County Leagues or State Associations of Attorneys The annual license fee for LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be 3284. License Fee for Year 2008 and Thereafter For each calendar year commencing 2008, all dollar figures set forth in Schedules A, B and C above (except for $500 add-on for populations of 500,001 or more) shall be the license fee for the preceding calendar year, adjusted in accordance with the increase in the Consumer Price Index -All Urban Consumers (CPI-U) between the preceding October and the next preceding October. Any additional license fees due resulting from the CPI adjustment shall be payable upon billing by ASCAP. ASCAP, 2690 Cumberland Parkway, Suite 490, Atlanta GA 30339-3913 1-800-505-4052 770-805-3475 (FAX) Epayment Websites: http://www.ascap.com/gls_web or http://www.ascap.com ~' E ~. ", ~; _ -~~ ~~ ~_ ~ ~a t,i~ `~ :.~'_ ~,,,-• between Alnencai; Society of Composers, Authors and Publishers ("SOC1L-Ty"'), located. at ~^ 2690 Cumberland Parkway, Suite 490, Atlanta. GA 30339 and ~~'iliage of Tequesta, FL ("LICENSE)="), located ai PO Box ;273 Tequesta FL~ 33469-1004 as follows 1. Grant and 'd'erm of License (a) ASCAP grants and LICENSEE accepts a license to perform publicly on the "Premises" and at "Events" and "Functions." a~ld no! elsewhere or otherwise, non-dramatic renditions of the separate musical compositions in the "ASCAP repertory." The performances licensed. ullder this Agreement may be by means of "Live Entertainment" or "Mechanical Music". For purposes of this Agreement, (i1 "I CF_.NSEE" shall include the named entity and any of ixs constituent bodies, departments, agencies or leagues. (ii) "Mechanical Music" means music which is performed at the Premises by means other than by live musicians who are performing at the Premises, includuig. but mot limited to (A) compact disc, audio record. or audio tape players (but not includimg "jukeboxes"), (B) videotape, videodisc or DVD players, (C,l the. reception and communication at thepremises ofrad,io or television transmissions which originate outside the Premises; and which are .not exempt under the. Copyright .Law; or (Dj a music-on-hold telephone system operated. by LICENSEE at the Premises. (iii.) "Live Entertainment "means music that is performed at the Premises by musicians, singers or other performers. (iv) "Premises° means buildings, hospitals, airports; zoos, museums, athletic facilities, and recreational facilities, including, but not limited to, community centers, parks, swimming pools, and skati,»,g rinks owned. or operated by LICENSEE and any site which has been engaged. by LICENSEE for use by LICENSEE. (v) "ASCAP repertory" means all copyrighted musical. compositions written. or published by ASCAP members or members of affiliated foreign performing rights societies, including compositions written or published during the tern, of this Agreement and of which A SCAP has the right to license non-dramatic public performances. (vi) "Events" and "Functions" means any activity conducted, sponsored, or presented by or under the auspices of LICENSEE. Except as set forth in paragraph 2.(d) below, "Events" and "Functions" shall melude, but are- not limited. to, aerobics and exercise classes, athletic events, dances and other social events, concerts, festivals, arts and. crafts fairs, and parades held under the auspices of or sponsored or promotedby LICENSEE nn the. Premises. (vii) "Special Events" means musical events, concerts, shows, pageants.. sporting events, festivals, competitions, and. other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds $25,000 (as defined ir, paragraph 4.(d) below). (bj This Agreement shall be for an initial term of one yea:, commencing May O1, 2006, which shall he. considered the effective date. of this Agreeme-nt, and continuing thereafter for additional terms of one year each. dither party may give notice of termination to the other no Later than thirty (30) days prior to the end of the initial or any renewal term. If such nonce. is given, the agreement shall terminate on the last day of the term. in which notice is given. 2. Limitations On License (a) This license is not assignable or transferable by operation of law or otherwise, This license does not authorize LICEN-SEE to grant to others any right to perforn publicly in any manner any of the musical compositions licensed under this agreement, nor does it authorize any public performances at any of the Premises in any manner except as expressly herein provided. (b) This license does not authorize (i) the broadcasting, telecasting or transmission or retransmission by wire, Internet, website or otherwise; of renditions of musical compositions in. ASCAP's repertory to persons outside of the Premises, other than by means of a music-on-hold telephone systemm operated by LICENSEE at Che Premises; and (ii) performances by means of background music (such as ~lTuzak) or other services delivered to the Premises. Nothing in this paragraph shall be deemed to limit LICENSEE'S right to transmit renditions of musical compositions in the ASCAP repertory to those who attend Events or Functions on the Premises by means of teleconferencing, videoeonferencing or similar technology. (c) This license is limited to non-dramatic performances, and does not authonze~ any dramatic performances. For purposes of this agreement, a dramatic performance shall include, but not be limited to, the following: (i) performance of a "dramatico-musical work'' (as hereinafter defined) in its entirety; (ii) performance o,f one or more musical compositions from a "dramatico-musical work (as hereinaftez defined) accompanied b_y dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken; (iii) performance of one or mole musical cum;pos~hons as part o~ a stow or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage actior, or visual representation; (iv) performance of a concert version of a °dra~matico-musical work' (as hereinafter defned). The. term "dramatico-musical work" as used in this Agreement. shall include, but not be limited to, 2 musical comedy, opera, play with music-, revue, or haliet. (dj Ti~is license does not authorize performances: O at any convention. exposition, trade show, conference, cong-ess. ~ndustria] show or similar activity presented by LICENSEE or on the Premisesunless ~r is presented or sponsored solely b}~ and under the. auspices of LICENSEE. is presented ealtirel_v on LICENSEE'S Premises, anal is not open, io the ge-Hera] public; (ii) by or at colleges and unrversit~es; ~iiij at any professional sports event or game played on the Premises; (iv) at any permanently situated theme. or amusement park ors-ned or operated b_v LICENSEE; (v) by a~r~ symphon~~ or community orchestra; (vij by means of a coin operated phonorecord player (juke.box~J for which a license is otherwise availab]e~ from the Jukebox License Office, 3. License Fee (a) In consideration of the license granted. herei~~r, L1CEN4EE agrees to pay ASCAP a license fee which includes the total of the "Base. License. Fee" and. any applicable "Special Events License Fees", a1J of which shall be calculated in accordance with the Rate Schedule attached. to and made part of this Agreement. For purposes of this Agreement, (i) "Base License Fee" means the armual fee due in accordance with Schedule A of the Rate Schedule and based on LICENSEF_'s population as established in the most recent published U.S. Census data. It does not. include any fees due. for Special Events. (.ii) "Special Events License Fees" zmean the amount due in accordance with Schedule B of the Rate Schedule when Special Events are. presented by or on behalf of LICENSEE. It does not include any Base License Fees dtie. (iii) LICENSEES who are legally organized as state. municipal and/or county leagues or state. associations of municipal and/or county attorneys shall he required to pay only the fee under Sche-dole C of the Rate Schedule. Suoh leagues or associations are not subject to Schedule A or Schedule B of the Rate Schedule. Fees paid by such leagues or associations do not cover performances of the municipality, county or other local government entity represented by the league or association. Se},re.dule. C fees are nor applicable to municipal, county or other local government entities. Unless otherwise limited by Iaw, LICENSEE shall pay a f Hance charge of 1.5% per month from the due date, or the maximum amount permitted by law, whichever is less, on any required payment that it is not made within thirty days of its due dale. 4. Reports and Payments (a) Upon the execution of this Agreement, LICENSEE shall submit: (i) a report stating LI.CENSEE's population based on the. most recent published U.S. Census data. The population set forth in the report shall be used to calculate the Base License. Fee under this Agreement; and (ii j a report containing the information set forth in paragraph 4.(d} below for all Special Events that ~~~~ere presented between the effective date of this Agreement and the execution of this Agreement. (b) The Base License Fee for the first year of this Agreement and an_y license fees due for Special Events that were presented between the effective date of this Agreement and the- execution of this Agreement shall be payable. upon the execution of this Agreement. (c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and shall he accompanied by a statement confirming whether any Special Events were presented during the previous calendar year. (d) Ninety days after the conclusion of each Special Event, L1C'ENSBE shall submit to ASCAP pa}~ment for such Special Event and a report in printed or computer readable Porn stating. (i) the. date presented; (ii) the narme of the attraction(s) appearing; (iii) the. "Gross Revenue" of the event "Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from Che sale of tickets for each Special Event. I£ there are n.o monies from the sale of tickets; "Gross Revenue" shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event; (iv) the license fee, due for each Special Event. (e) If LICENSEE presents, sponsors or promotes a Special Evenf that is reportable under Rate Schedule B with another person or entity licensed under an ASCAP License Agreement, LICENSEE shall indicate the name, address; phone number and ASCAP account number of the other person(s) or entity(ies) and the party responsible for payment for such Special Event If the other party is not licensed by ASCAP, LICENSEE shall pay the license fee due hereunder, notwithstanding any agreement to the contrary between. LICENSEE and the other party. (f~; LICENSEE a~~~rees to furnish to .ASCAP, where available, copies of~ail programs of musical worKS performed, which are prepared for distribution to the audience or for the ose or mforrnaiior, of L1CbNSEE or any department thereof. The programs shaD ;nclude all encores to the. extent possible.. I_ICENSLE shall be under no obiigatior to furnish programs when they have nor been otherwise prepared. ~gl ASCAP shall have the right to examine LTCBNSEE'S books and records at LICENSEE'S place of business during normal business hours to such extent as map be necessary to verify the reports required by paragraph 4.(d) above- ASCAP shalt have the right to ad;ust LICENSEE'S Base. License Fee based upon the most recently available. revised population figw~es and Population Estimates Program provided by the U.S. Census Department. 5. Breach or IDefaul[ Upon any breach or default by LICENSEE of any term or condition herein contained; ASCAP may terminate this license. by giving LICENSEE thirty days nonce to cure such breach. or default, and in the event that such breach or default has not been cured within said thirty days. this license shall terminate on tile. expiration of such thirty-day pe~nod without further notice from ASCAP. In the event o.f such termination, ASCAP shalt refund on apro-ratabasis to LICENSEE any unearned license fees paid ~n advance. 6. interference in Operations ASCAP shall have the. right to terminate this license upon thirty days writte-ri notice if thereis any major interference with. or substantial increase in the cost of; ASCAP's operations ac the result of any ]av~~ in the state. temtory, dependency, possession. or political subdivision in which LICENSEE is located which is applicable to the. tic-ensing oz: performing rights. In the event of such termination, ASCAP shall refund to LICENSEE on apro-ratabasis any uneanled license fees paid in advane.e ". Non-discrimination LI~;ENSEErecognizes t,Lat ASCAP must. license all similarly situated users on anon-discriminatory basis. LICENSEE agrees that any modif cations to this Agreement by ASCAP, which are required by local, state or federal lava for other municipalities, counties and. other governmental entities shall not constitute discrimination between similarly situated users. Examples of such modifications are. statements of equal e.m,p]oyment opportunity or nondiscrimination on the basis of race, creed, color, sex or national. origin. 8. ]Notices ASCAP or LICENSEE may give any notice required by this Agreement by sending it by certified United States Mai 1, by generally recognized same-day or overnight delivery service or by e]e.ctronic transmission (i.e., Mailgram, faesimile~ or similar transmission.) to the appropriate person/office as listed herein. Each. party agrees to notify the other of any change in contact information, such as change of address, change of person~office responsible, etc. ~uitlin 30 days of such change. AMERICAN SOCIETY' OF COMPOSERS, AUTHORS AND PUBLISHERS ~°' w B LICENSEE Village of Tequesta, FL _ =~ ~ `,°,~~,, TITLE ~d ~ ~ ~ L 7~/eli~ ~ ~i~l~ 5~1~~~ (Fih1 in capacity in which signed: (a) If corporation, state corporate office held; (b) If partnership, write word "partner" under signature of signing partner; (c) Lf individual owner, write "individual owner" under signature.)