DOC1738606318.pdf

OMAHA CONSERVATORY OF MUSIC

FACILITIES RENTAL AGREEMENT

(TERM)

This FACILITIES RENTAL AGREEMENT (Term) (this “Agreement”) is entered into on _________________ by and between Board of Regents of the University of Nebraska, a public body corporate for and on behalf of the

University of Nebraska Medical Center (“UNMC”), UNMC College of Graduate Studies (hereafter referred to as

“User”) and the OMAHA CONSERVATORY OF MUSIC (“Conservatory”) outlines the terms and conditions for

User’s use and rental of certain portions of the Conservatory building (the “Building”) located at 7023 Cass

Street, which portion is identified more particularly below.

1. Rental Area. The Conservatory grants User the non-exclusive right to use the following area(s) of the

Building, hereinafter defined as User’s “Rental Area”:

● Simon Concert Hall - Ceremony

● Smith Recital Hall - Reception

● Rm 112 - Dressing Room

● Rm 114 - Dressing Room

● Green Room - Overflow Room

User acknowledges and agrees that the Conservatory shall have access to the Rental Area during the Term and the Conservatory shall have the right to allow the Conservatory staff, faculty, students and other members of the public to use the Rental Area during the Term; provided, however, that except for emergencies or with prior notice to the User, the User shall have the exclusive use of the Rental Area during User’s scheduled times as set forth in Section 2 below. The Conservatory shall have the right to store equipment, furniture and other materials in the Rental Area and User agrees not to disturb, damage or use such Conservatory equipment, furniture and other materials without the prior written consent of the Conservatory.

User also acknowledges that other uses and events within the Building will be on-going at all times. User will ensure that User’s use of the Rental Area will not unreasonably interfere with other uses of the Building.

2. Rental Term and Schedule. The initial term (the “Term”) of this Agreement shall be one (1) day. During the Term, the Conservatory grants User the right to access and use the Rental Area on the following schedule:

● Friday, December 19th, 2025 from 8am to 2pm

Parking: User’s use of the Rental Area includes use of the Building’s parking areas; provided, however, the Conservatory reserves the right to control or limit the number of parking spaces available to User with prior notice to User depending on other use of the Building at any time.

Other Areas. User’s use of the Rental Area includes use of certain “common areas” of the Building, such as bathrooms, sidewalks and access areas; provided, however, the Conservatory reserves the right to control or limit the common areas available to User with prior notice to User depending on other use of the Building at any time.

Force Majeure: In the event the Building or Rental Area is not available due to construction, other conditions beyond the control of the Conservatory or special events at the Conservatory, the Conservatory will notify User in advance and will return a pro rata portion of the Rental Fee for such period of time during which the Rental Area was not available.

Building Closings. The Conservatory reserves the right to close the Building in the event of inclement weather and shall be closed in the event the Omaha Public Schools are closed due to weather conditions.

3. Rental Purpose: User’s rights to use the Rental Area are for the following purpose: Convocation Ceremony

User accepts the Rental Area in its “AS IS” condition for the rental term.

4. Maximum Users of Rental Area. Consistent with and in connection with User’s permitted use of the

Rental Area as specified in Section 3 above, User’s students, teachers and audience members will access the

Rental Area during User’s use of the Rental Area. User will ensure that all students, teachers, audience members and other attendees use the Rental Area consistent with the terms and conditions of this Agreement and any rules and regulations of the Conservatory. The maximum number of allowable attendees permitted at any one time in the Rental Area is 500. Please see local COVID-19 guidelines as updated.

5. Rental Fee: In consideration of the Conservatory granting User the right to use the Rental Area pursuant to this Agreement, User shall pay the Conservatory rental fee of $2,087.00. This fee shall include the following Conservatory personnel and equipment;

● Personnel on site to assist with stage set-up. Only Conservatory staff will be allowed in storage rooms and to move Conservatory owned equipment from storage rooms to the stage. The User is expected to set the stage to their preferences.

● Personnel for moving Conservatory owned pianos. User personnel may assist, but are not allowed to move the Conservatory owned pianos on their own.

● On the day of the event the following will be provided;

○ Up to 4 wireless microphones and microphone stands as required or requested by the

User.

○ One Conservatory Event Captain to act as a full liaison between the User and the

Conservatory to assist in all stage manager and technical needs of the User and to act as a liaison between the User and any other Conservatory staff assigned to the event.

This excludes any recording fees, which has additional fees.

○ Use of the projector and technician to operate all audio and visual equipment.

○ Use of the podium and podium microphone

○ (13) Black folding tables in Smith Recital Hall for reception as requested

○ Chairs in Smith Recital Hall as requested

○ Additional trash cans w/ trash bags in Smith Recital Hall for reception

○ (1 ea.) trash can with trash bags in rooms 112 and 114

○ Music stands for signage as needed

In the event the User occupies the Rental Area for longer than the Rental Period stated above, additional charges shall be incurred at the applicable room(s) rate per hour and User’s credit card on file will be charged and/or billed to the address provided.

Payments should be remitted to:

Omaha Conservatory of Music 7023 Cass Street Omaha NE 68132

6. Liability: The Conservatory is not responsible for the loss or damage of merchandise, persona l property and/or equipment brought onto the Rental Area by the User or attendees.

An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are especially vulnerable. You voluntarily assume all risks related to exposure to COVID-19

7. Music Stands And Other Equipment; Event Conduct; Advertising: Except upon payment by User of an additional equipment rental fee, the Conservatory shall not provide musical instruments (with the exception of timpani, piano, and harp), amplifiers, musical reproduction equipment, audio/visual equipment or technical support for User’s use. If a performance hall is part of the Rental Area, the Conservatory will permit User to use the piano in the performance hall but User will be responsible for a charge to have the piano tuned, at the rate of $150. User shall be solely responsible for any damage to the piano. The rental schedule set forth in Section 2 above should include proper communication to Conservatory facilities staff to inform them when the piano is needed and when it will need to be moved. The Conservatory is not responsible for advertising User’s services.

Any use of the Conservatory’s name or logo in any advertising material shall be done only with the prior review and consent of the Conservatory. User is responsible for ensuring that all sheet music, performance materials and the performance, reproduction, broadcasting or other distribution of any performance is performed and completed in compliance with all applicable Federal, state or local laws, rules and regulations, including, without limitation, copyright and other intellectual property protections. User shall be responsible for obtaining and complying with all licenses and permissions with respect to any medium.

8. Percussion Equipment; Pianos; Conservatory Owned Musical Instruments: The Conservatory maintains pianos and percussion equipment for Conservatory use. The use of the equipment and instruments is allowed as part of a rental. Any use will need to be stipulated prior to the execution of the agreement. The Conservatory will provide stage hands to help move equipment and ensure proper use of the equipment. The user is responsible for ensuring that the equipment is not damaged. Any damage must be reported immediately. The user is responsible for any repairs or the cost of replacement.

9. User Responsibility for Rental Area; Secure Facility: Not in limitation of Section 6 above, User accepts full responsibility for any damages that may occur to the Building, landscaping, equipment, musical instruments, furniture and fixtures in the Rental Area and the User shall be responsible for leaving the Rental Area in a clean and maintained condition. Should the Building be damaged or equipment, furniture or other Conservatory property be damaged or lost during or as the result of User’s use of the Rental Area, the User agrees to a minimum fee of $100 or actual damages, whichever is greater, that will be charged to the credit card on file and/or billed to User at the address provided. The User is responsible for all damage caused to the Building as a consequence of its actions, inactions and/or negligence or actions, inactions and/or negligence of its guest, invitees, caterers, servers and servicers of the occasion and all damage may be assessed to the User. In addition:

● No food or beverage will be allowed on the Simon Concert Hall stage, with the exception of water in a sealed container. Any spills will be reported immediately to the Conservatory facility personnel or the Event Captain.

● All trash should be properly disposed of in the trash receptacles provided in all rooms and restrooms.

● All items brought by the User must be removed from all rooms and bathrooms. All items left behind are not the responsibility of the Conservatory and the Conservatory reserves the right to donate, use or dispose of unclaimed items.

● Signage is strictly prohibited without the prior written consent of the Conservatory. No glue, nails, screws, staples, hooks, hangers, suction cups or tape of any type on walls, floors, ceiling or tables are permitted without prior permission.

● All doors should remain closed at all times to avoid excessive noise disturbances to adjoining tenants and to insure proper heating/air conditioning of the facility.

Keys and Security. User shall follow and comply with all rules and procedures for maintaining the security of the Building and the Rental Area.

10. Compliance With Laws; Prohibited Substances: User agrees not to use the Rental Area in violation of applicable law. Smoking is not permitted within the Building and smoking outside the Building must be done more than 45 feet from any door or window. Use of alcohol or other controlled substances is strictly prohibited.

Alcohol will be allowed during the Gala or other events, so long as User subcontracts all alcohol sales to a licensed vendor who will display their license during the entirety of the event.

11. Food and Beverages. Food and beverages are permitted within the Rental Area with prior notification to the Conservatory and their representative. No food or beverage will be allowed on the Simon Concert Hall stage, with the exception of water in a sealed container. In the event User desires to serve food or beverages for a special event (concert, recital, etc.), User should contact their Conservatory representative for an event-specific agreement regarding catering services. The Conservatory maintains an exclusivity agreement for food and beverage with The Gig for all service on Conservatory property. If The Gig declines to service the event the User may contract other outside licensed catering vendors.

12. Waiver: The failure of the Conservatory to insist on compliance with any of the terms of this Agreement shall not be deemed a waiver of that term or condition.

13. Building Rules and Regulations. User shall be responsible for compliance with any and all Building rules and regulations.

14. Omaha Conservatory of Music Status. User acknowledges the Omaha Conservatory of Music is recognized as a tax-exempt 501(c)(3) organization and User shall take no action to jeopardize such status.

15. No Agents. Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between the Conservatory and User, and no provision contained in this Lease or any acts of the parties hereto shall be deemed to create any relationship between the Conservatory and User other than the relationship of a licensor and licensee.

IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seal to this Agreement the day and year first above written.

OMAHA CONSERVATORY OF MUSIC

By

Name

Title

OCM Representative for On-Going Administration of this Agreement:

USER

By

Name

Title:

User Representative for On-Going Administration of this Agreement:

Phone: