TOSA TONIGHT, INC. ROTARY PERFORMANCE PAVILION
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2013 Edition
TOSA TONIGHT, INC.
ROTARY PERFORMANCE PAVILION
RESERVATION FORM AND RENTAL AGREEMENT
User (Organization):
Contact Person:
Address:
Telephone (day): (night):
Telephone (cell):
Date of Function:
Type of Function:
Number of Guests Anticipated:
Beginning Time: Ending Time:
FEE SCHEDULE
Includes: Pavilion and Plaza Area located at 1190 North 70th Street, Wauwatosa,
Wisconsin (“Pavilion”).
Government/Non-Profit Rate $________ per day
Non-Profit Organizations as defined by the IRS must submit
an IRS Determination Letter
Commercial Rate $________ per day
Portable Restroom Rental $________/_____ Units
Deposit* $________
Other Amounts Due: $________
(See Rental Schedule Attached)
Balance Due (to be paid at time of application) $________
* 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 ________2012 Edition
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 262-305-4632**
** 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 Date
______________________________________________
Printed Name, Title
TOSA TONIGHT, INC.
By:___________________________________________ _____________________
Date
[Address] [Phone]
Renter’s Initials ________
22012 Edition
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.
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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 Initials
USER RESPONSIBILITIES
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.
____________
User Initials
INSURANCE
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
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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 $1,000,000.00 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
52012 Edition
ROTARY PERFORMANCE PAVILION
Vendor Rules & Regulations
VENDOR DUTIES
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.
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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 Date
______________________________________________
Printed Name
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