TOSA TONIGHT, INC. ROTARY PERFORMANCE PAVILION RESERVATION FORM AND RENTAL AGREEMENT. User (Organization): Contact Person: Address:

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1 2013 Edition TOSA TONIGHT, INC. ROTARY PERFORMANCE PAVILION RESERVATION FORM AND RENTAL AGREEMENT User (Organization): Contact Person: Address: Telephone (day): Telephone (cell): Date of Function: Type of Function: Number of Guests Anticipated: Beginning Time: (night): Ending Time: FEE SCHEDULE Includes: Pavilion and Plaza Area located at 1190 North 70 th Street, Wauwatosa, Wisconsin ( Pavilion ). Government/Non-Profit Rate Non-Profit Organizations as defined by the IRS must submit an IRS Determination Letter Commercial Rate Portable Restroom Rental Deposit* Other Amounts Due: (See Rental Schedule Attached) Balance Due (to be paid at time of application) $ per day $ per day $ / Units $ $ $ * Deposit. A refundable $300 deposit is required, in addition to the rental fees. User is responsible for the clean-up of the Pavilion and surrounding area after the function. Tosa Tonight, Inc. will inspect the Pavilion the morning of User s rental. The morning after the rental, the Pavilion will be inspected again. Any damage, excessive debris on the grounds or inventory missing will be deducted from the deposit. The deposit (minus any applicable expenses) will be mailed to you within 30 days after the rental. Cancellation Policy. Cancellations will be accepted up to 48 hours prior to the scheduled event date. Cancellations with a full refund are accepted up to 30 days prior to the event date; after that date, ½ of the rental fee and the entire deposit will be refunded. Renter s Initials

2 Parking. Park in designated areas only. Grass parking is not permitted. Portable restroom facilities are the responsibility (required) of the User. Portable Restroom Rental contact Kevin at Port-a-John ** ** The City of Wauwatosa requires approximately 1 portable restroom units per 100 attendees. It is the User s responsibility to secure all required licenses for the event, such as food, alcohol or music licenses. Caterer/Vendor(s) (if known): Security (if known): USER AGREES TO BE BOUND BY, AND COMPLY WITH THE ATTACHED USER RULES AND REGULATIONS AND TO CAUSE ITS VENDOR, IF ANY, TO COMPLY WITH THE ATTACHED VENDOR RULES AND REGULATIONS. User agrees to indemnify and hold Tosa Tonight, Inc. and the City of Wauwatosa, and each of their respective officers, directors, elected and appointed officials, employees and agents, harmless from all claims, liability, loss, cost, expenses or damages, including court costs and attorneys fees, as a result of injury or death of any person or property damage to any property sustained by User or any other guests which arise from or in any manner grow out of any act or omission on or about the Pavilion by User, its agents, guests or employees, in the performance of this Rental Agreement, including any and all expenses, legal or otherwise, incurred by the City of Wauwatosa, Tosa Tonight, Inc., or its representatives, in the defense of any suit or claim. The persons who have executed this Agreement represent and warrant that each of them has been duly authorized to enter into this Agreement and that no further approval or consent is required. User Name: By: Signature Printed Name, Title Date TOSA TONIGHT, INC. By: [Address] Date [Phone] Renter s Initials 2

3 ROTARY PERFORMANCE PAVILION USER RULES AND REGULATIONS GENERAL POLICIES All federal and state laws and city ordinances are required to be observed. Fees are not refundable due to inclement weather. A rain date may be scheduled as available, if desired, within 30 days of cancellation. The Pavilion is located within the boundaries of a flood control project, and, therefore, is subject to flooding. If the scheduled event is cancelled because of flooding, a rain date may be scheduled as available, if desired, within 30 days of cancellation. Fees are not refundable due to flooding. Tosa Tonight, Inc. reserves the right to close the event, and/or call City Police, for any reason we deem necessary, including, but not limited to, failure to comply with regulations, threatening weather or any similar circumstance. The Pavilion s intended use is as an entertainment venue for the community, such as, theatrical performances, cultural events, musicals, and concerts. City of Wauwatosa and Wauwatosa Rotary Club(s) events will be given scheduling priority. Procedures and fees are subject to annual review. User generated publicity about an event must be approved by Tosa Tonight, Inc. It is the responsibility of the User to check with staff about building and site condition and final arrangements before leaving the Pavilion. All security will be the responsibility of the User. The Rotary Performance Pavilion is owned by the City of Wauwatosa and operated by Tosa Tonight, Inc., a non-profit organization. Users of the Pavilion will not be discriminated against because of sex, race, religion or nationality. Tosa Tonight, Inc. reserves the right to inquire about the nature of the function and to refuse inappropriate activities and usage. User acknowledges that the Pavilion is located on public property and all adjoining facilities on the public property are open to the public. 3

4 If it is necessary for Tosa Tonight, Inc. to commence court action to enforce any part of the Rental Agreement, User agrees to be responsible for all costs, including attorneys fees, incurred by Tosa Tonight, Inc. in the enforcement of the Rental Agreement. ALCOHOLIC BEVERAGES The following rules and information govern sales and/or consumption of alcoholic beverages at the Rotary Performance Pavilion. A written permit issued by the City of Wauwatosa is required whenever alcohol is served. Application forms for the permit are available in the office of the City of Wauwatosa, and must be filed at least 7 days prior to the event. User is responsible for any fees associated with obtaining the permit. Disruptive behavior will not be tolerated. USER RESPONSIBILITIES User Initials The User is responsible for all guests, caterers, vendors and service providers associated with the event and shall abide by the rules set by Tosa Tonight, Inc. Any damage to the site or building is the responsibility of the User and may result in denied use of the facility in the future, as well as additional charges. All plans and arrangements are to be reviewed with and approved by Tosa Tonight, Inc. If your event has vendors, vendors must comply with all vendor rules and regulations. DO NOT TAPE, STAPLE, NAIL OR ATTACH IN ANY OTHER WAY item(s) to the Pavilion structure. The Pavilion took lots of money, time and effort to build, so please, treat it with the respect it deserves! DO NOT PUNCH HOLES IN ANY ASPHALT SURFACE. Music must end no later than 10 p.m. The City of Wauwatosa has a noise ordinance. Sound volume shall not be unreasonable. INSURANCE User Initials Any events having in excess of 50 people present, or where alcohol is served, must provide proof of Liability Insurance or Special Events Insurance. Proof of insurance 4

5 must be provided at least 30 days prior to the scheduled event. Failure to timely provide proof of insurance may cause cancellation of the Agreement by Tosa Tonight, Inc. Tosa Tonight, Inc. and the City of Wauwatosa shall be named as additional insureds on the commercial general liability policy or policies of insurance carried by User, with limits of liability of at least $1,000, per occurrence. Evidence of the insurance shall be provided to Tosa Tonight, Inc. prior to and as a condition to use of the Pavilion. User Initials 5

6 VENDOR DUTIES ROTARY PERFORMANCE PAVILION Vendor Rules & Regulations 1. It is the responsibility of the Vendor to contact Tosa Tonight, Inc. at least 2 weeks prior to the scheduled event to set up an arrival time. 2. Vendor set-up time and location as determined by the event organizer and Tosa Tonight, Inc. 3. Tosa Tonight, Inc. reserves the right to ask any Vendor to stop selling any item at any time. 4. Vendors cannot sell or bring alcoholic beverages on site, unless specifically permitted to do so. Vendors shall not drink alcoholic beverages while vending at a scheduled event. 5. HEALTH DEPARTMENT INSPECTIONS: Vendors are required to obtain, complete, and return a copy with this application, the Milwaukee County Health Department Application and mail it to: Attn:, before being allowed to set up at any Pavilion event. It is the sole responsibility of Vendor to adhere to all Health Department inspections and requirements 15 days prior to the day of the event! The City of Wauwatosa is not responsible for making sure the Vendor unit is inspected or in compliance with regulations. If you or Vendor have any questions, please call at the Milwaukee County Health Department at. 6. Due to the limited site area, Vendors with trailers will not be allowed to leave trucks hooked up the units or parked on the street or within the concert site. 7. Vendors may not punch holes in any asphalt surface. 8. Each Vendor must provide trash receptacles, tables, chairs, canopies, etc., at the site. Vendors using tents and air supported structures must obtain a permit from the Wauwatosa Fire Department. 9. Any Vendor using cooking oil/grease MUST have a container to store used oil/grease. ABSOLUTELY do not throw used oil/grease into trash containers, on grounds, streets or storm drains. Non-adherence to this policy will result in immediate revocation to participate in City events. 10. All food must be wrapped and kept sanitary. 11. If using equipment that produces heat or flame, such as cooking equipment or propane gas, you must have a 5 lb. ABC Fire Extinguisher (2AI0BC type). The cost is about $25.00 and is a safety precaution. 12. If using electrical equipment, it must have a UL stamp displayed. 6

7 13. Vendors are required to leave their areas clean and litter free. User is responsible for all costs, if not cleaned by Vendor. 14. A certificate of insurance is required from each Vendor naming the City of Wauwatosa and Tosa Tonight, Inc. as additional insureds and must be provided prior to the scheduled event. 15. All Vendors must sign and return the Rules and Regulations. NON-ADHERENCE TO ANY OF THESE RULES MAY RESULT IN FORFEITURE OF FUTURE PARTICIPATION IN CITY EVENTS. BY PARTICIPATING, VENDORS ARE AGREEING TO HOLD THE CITY OF WAUWATOSA AND ITS SPONSORS HARMLESS FOR ANY ACCIDENTS WHICH MAY ARISE. Vendor agrees to indemnify and hold Tosa Tonight, Inc. and the City of Wauwatosa, and each of their respective officers, directors, elected and appointed officials, employees and agents, harmless from all claims, liability, loss, cost, expenses or damages, including court costs and attorneys fees, as a result of injury or death of any person or property damage to any property sustained by Vendor or any other guests which arise from or in any manner grow out of any act or omission on or about the Pavilion by Vendor, its agents, guests or employees, including any and all expenses, legal or otherwise, incurred by the City of Wauwatosa, Tosa Tonight, Inc., or its representatives, in the defense of any suit or claim. The persons who have executed this Agreement represent and warrant that each of them has been duly authorized to enter into this Agreement and that no further approval or consent is required. Vendor Name: By: Signature Printed Name Date 7