Chapter 3.04 — PASADENA CENTER

The Pasadena Center Operating Company, a nonprofit corporation, shall have the duty to manage and operate all of the facilities of the Pasadena Center. The city and said company shall by contract establish appropriate controls to be exercised by the city and the general manner in which the facilities shall be operated.

(Ord. 5128 § 1, 1973)

The Pasadena Center Operating Company shall from time to time submit a schedule of fees and charges to be made for the use of the various facilities and equipment comprising the Pasadena Center, which fees and charges shall be effective upon adoption thereof by resolution of the board of directors of the city.

(Ord. 5128 § 2, 1973)

Pending execution of the contract, referred to in Section 3.04.010, the management of the facilities shall be under the supervision and direction of the city manager or his designated representatives.

(Ord. 5128 § 3, 1973)

The city council, by resolution, shall establish a schedule of minimum rents, charges and fees to be charged and collected for use of the Pasadena Center. Nothing herein shall prohibit rents, charges and fees in excess of those set fort in the aforementioned schedule. In addition, users of the Pasadena Center shall pay to the city all costs incurred by the city and Pasadena Center in connection with their licensed use as determined by the chief executive officer of the Pasadena Center and enumerated in a license agreement which also shall set forth the time and method of payment of all charges and the matter of accounting therefor. The minimum schedule of rents, fees and charges shall conform to the other provisions set forth in this section and chapter.

A.

Services for which costs shall be charged as costs of operations for the Pasadena Center shall include, but not be limited to all services which are required by the chief executive officer or his designee of the Pasadena Center and set forth in the license agreement.

B.

The aforementioned minimum schedule may provide for but shall not require a reduction of rents, fees and charges based on the following considerations:

Whether the event to be sponsored is for a local public purpose or benefit; or

Whether an admission fee is to be charged, collection taken or space or advertising sold or sublet; or

Whether the net proceeds of the event will be donated to nonprofit organizations; or

Whether the event is to be open to the public; or

Whether the event is of a cultural, civic or patriotic character; or

Whether the licensee is a nonprofit organization.

The chief executive officer of the Pasadena Center shall determine whether or not a licensee is entitled to any reduced rent, fee or charge provided for hereunder and his or her decision shall be limited to a consideration of the foregoing factors. For purposes of this section, a "nonprofit organization" shall be defined as a nonprofit organization with an office in the city for at least 5 years preceding the date of the application for a license.

C.

Every licensee shall be required to pay all costs of operations incurred by city and Pasadena Center Operating Company in connection with said licensee's use of the Pasadena Center, except as such costs are either reduced or waived by specific resolution of the city council as to city costs and of the Pasadena Center Operating Company as to Pasadena Center Operating company costs. Nothing contained elsewhere in this chapter shall authorize an exception to this provision.

D.

Every person using the Pasadena Center shall be required to indemnify, hold harmless and defend the city, Pasadena Center Operating Company, their respective officers, directors and employees from any loss, liability or damage resulting from the use of the premises by said licensee, and each user shall procure and maintain, in full force and effect, during the period of licensed use, a policy of insurance satisfactory to city which shall insure city and Pasadena Center Operating Company against any liability of whatsoever nature on account of bodily injury to or of damage to any property arising out of or in connection with the use of said premises by said user, including all costs of defending any claim arising as a result thereof. The insurance policies required herein shall be in an amount and on forms approved by the city, and each such policy shall provide that the policy shall not be cancelable for any cause until 30 days' written notice to the city and Pasadena Center Operating Company. Evidence of products' liability insurance coverage, or workers' compensation insurance coverage may be required, and if required by city, such coverage shall comply with the form requirements specified herein. City, at city's sole option, may waive all or part of the foregoing requirements regarding indemnity and insurance, and require the user to obtain similar insurance coverage, either through the city or by other arrangement approved by city, and the user shall be required to reimburse city for the cost of any insurance provided pursuant hereto.

E.

No provision of this section shall limit or prohibit the Pasadena Center Operating Company from charging a rental or use fee in excess of that set forth in the minimum schedule provided for herein, or basing the rental fee or charge for use of the Pasadena Center upon a percentage of licensee's gross receipts; provided, that each licensee agreement shall provide that the minimum rental fee or charge set forth in the aforementioned schedule shall be collected from the licensee.

F.

The chief executive officer of the Pasadena Center or his or her designee shall use the authority granted hereunder to promote by all appropriate means greater use of the Pasadena Center for revenue-producing events.

(Ord. 6889 § 10, 2002)

The city manager may cancel any right to use the Pasadena Center if in his or her opinion such use will unduly damage the premises or will be inimical to the public welfare.

(Ord. 6889 § 11, 2002)

The Pasadena Center may, in conformance with this chapter, permit the use of the Pasadena Center for any event or series of events upon such terms as it determines to be reasonable, and the contract for such use shall state such terms. (ord. 6889 § 12, 2002)