2009-30 -v 2675 Paces Ferry Road, SE, Suite 350
�■11 Atlanta, GA 30339
•
Attn: Account Services
Phone: 1- 800 - 505 -4052
Fax. 1- 770 - 805 -3475
ASCAP
December 20, 2009
00000 -
Pr Tracy Ackroyd Re. Account No 500683368
City Manager City Of Clermont, FL
• City Of Clermont, FL City Of Clermont, FL
City Of Clermont, FL 685 W Montrose Street
685 W Montrose Street Clermont, FL 34711 -2119
Clermont, FL 34711- 19
Dear Ms. Ackroyd.
Your 2010 ASCAP Rate Schedule is attached. Based on the Consumer Price Index, All Urban Consumers - (CPI -U)
between October 2008 and October 2009, the 2010 Rate Schedule did not increase over the 2009 Rate Schedule. We
recommend that you attach the Rate Schedule to your License Agreement for future reference.
In accordance with the terms of the Agreement, Base Licensee Fees are due and payable within 30 days of the renewal
date, and shall be accompanied by a statement confirming whether any Special Events were presented during the
previous calendar year. Please complete and return the enclosed report form, along with your payment within 30 days of
the renewal date of your License Agreement, which is 09/14/2010 You may also copy this form to report any Special
Events you have during the year
Should you prefer to make a payment via Electronic Check or Credit Card, and /or view your account balance and
payment history, you may visit us at our secure ASCAP website www.ASCAP.com /ols web Your account
information is encrypted for maximum security It is our strict policy not to make any individual customer data available
to third parties for any reason You may continue to send your report form by mail, via fax (770- 805 -3475) or to us via
email at glcs @ascap com
We at ASCAP are proud to serve your licensing needs and would like to take this opportunity to extend our best wishes
to you for a successful new year.
Sincerely,
eieweamdt ...0
Account Services _
Enclosures:
Rate Schedule
Report Form
Return Envelope
F0166_0110
IMLA
ro
ASCAP, 2675 Paces Ferry Road, SE, Suite 350, Atlanta, GA 30339 -3913 1- 800 - 505 -4052 770 - 805 -3475 (FAX)
Webslte: http: / /www.ascap.com
LICENSE AGREEMENT -LOCAL GOVERNMENTAL ENTITIES ~ ~ ~ `~
. between American Society of Composers, Authors and Publishers ("SOCIETY"), located at
2675 Paces Ferry Road, SE, Suite 350, Atlanta, GA 3t~339
and City of Clermont, FL 2009 OGT 27 Ri l 11 `i6
("LICENSEE"), located at
685 W Montrose St Clermont FL 34711-2119
as follows:
1. Grant and Term of License
(a) ASCAP grants and LICENSEE accepts a license to perform publicly on the "Premises" and at "Events" and "Functions," and
not elsewhere or otherwise, non-dramatic renditions of the separate musical compositions in the "ASCAP repertory." The
performances licensed under this Agreement may be by means of "Live Entertainment" or "Mechanical Music". For purposes of this
Agreement,
(i) "LICENSEE" shall include the named entity and any of its 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, including, but not limited to (A) compact disc, audio record or audio tape players
(but not including "jukeboxes"), (B) videotape, videodisc or DVD players; (C) the reception and communication at
the premises of radio or television transmissions which originate outside the Premises; and which are not exempt
under the Copyright Law; or (D) 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 skating 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
term of this Agreement and of which ASCAP 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 include, 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 promoted by LICENSEE on 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 in paragraph 4.(d) below).
(b) This Agreement shall be for an initial term of one year, commencing September 15, 2009, which shall be considered the
effective date of this Agreement, and continuing thereafter for additional terms of one year each. Either 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 notice 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 LICENSEE to
grant to others any right to perform 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 system operated by LICENSEE at the Premises; and (ii) performances by means of background music (such
as Muzak) 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, videoconferencing or similar technology.
(c) This license is limited to non-dramatic performances, and does not authorize 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 j performance of one or more musical compositions from a "dramatico-musical work (as hereinafter defined)
accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the
music is taken;
(iii) performance of one or more musical compositions as part of a story or plot, whether accompanied or
unaccompanied by dialogue, pantomime, dance, stage action, or visual representation;
(iv) performance of a concert version of a "dramatico-musical work" (as hereinafter defined).
The term "dramatico-musical work" as used in this Agreement, shall include, but not be limited to, a musical
comedy, opera, play with music, revue, or ballet.
(d) This license does not authorize performances:
(i) at any convention, exposition, trade show, conference,.congress, industrial show or similar activity presented by
LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices of LICENSEE, is
presented entirely on LICENSEE'S Premises, and is not open to the general public;
(ii) by or at colleges and universities;
(iii) at any professional sports event or game played on the Premises;
(iv) at any permanently situated theme or amusement park owned or operated by LICENSEE;
(v) by any symphony or community orchestra;
(vi) by means of a coin operated phonorecord player (jukebox) for which a license is otherwise available from the
Jukebox License Office.
3. License Fee
(a) In consideration of the license granted herein, LICENSEE agrees to pay ASCAP a license fee which includes the total of the
"Base License Fee" and any applicable "Special Events License Fees", all 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 annual fee due in accordance with Schedule A of the Rate Schedule and based on
LICENSEE'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" mean 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 due.
(iii) LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal
and/or county attorneys shall be required to pay only the fee under Schedule C of the Rate Schedule. Such 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. Schedule C fees are not applicable to municipal, county or other local government
entities.
Unless otherwise limited by law, LICENSEE shall pay a finance 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 date.
4. Reports and Payments
(a) Upon the execution of this Agreement, LICENSEE shall submit:
(i) a report stating LICENSEE'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) a report containing
the information set forth in paragraph 4.(d) below for all Special Events that were 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 any 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 be 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, LICENSEE shall submit to ASCAP payment for such Special Event
and a report in printed or computer readable form stating:
(i) the date presented;
(ii) the name 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 the sale of tickets for each Special Event. If there are no 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 Event 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 agrees to furnish to ASCAP, where available, copies of all programs of musical works performed, which are
prepared for distribution to the audience or for the use or information of LICENSEE or any department thereof. The programs shall
include all encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not been
otherwise prepared.
(g) ASCAP shall have the right to examine LICENSEE'S books and records at LICENSEE'S place of business during normal
business hours to such extent as may be necessary to verify the reports required by paragraph 4.(d) above. ASCAP shall have the right
to adjust LICENSEE's Base License Fee based upon the most recently available revised population figures and Population Estimates
Program provided by the U.S. Census Department.
5. Breach or Default
Upon any breach or default by LICENSEE of any term or condition herein contained, ASCAP may terminate this license by giving
LICENSEE thirty days notice 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 the expiration of such thirty-day period without further notice from ASCAP. In the
event of such termination, ASCAP shall refund on a pro-rata basis to LICENSEE any unearned license fees paid in advance.
6. Interference in Operations
ASCAP shall have the right to terminate this license upon thirty days written notice if there is any major interference with, or
substantial increase in the cost of, ASCAP's operations as the result of any law in the state, territory, dependency, possession or
political subdivision in which LICENSEE is located which is applicable to the licensing of performing rights. In the event of such
termination, ASCAP shall refund to LICENSEE on a pro-rata basis any unearned license fees paid in advance.
7. Non-Discrimination
LICENSEE recognizes that ASCAP must license all similarly situated users on anon-discriminatory basis. LICENSEE agrees that
any modifications to this Agreement by ASCAP, which are required by local, state or federal law for other municipalities, counties
and other governmental entities shall not constitute discrimination between similarly situated users. Examples of such modifications
are statements of equal employment 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 Mail, by generally
recognized same-day or overnight delivery service or by electronic transmission (i.e., Mailgram, facsimile 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. within 30 days of such change.
AMERICAN SOCIETY OF COMPOSERS,
AUTHORS AND PUBLISHERS
LICENSEE City f Clermont, FL
By
By j~~~rp~y~~ ~~~~~
OCT ~ 7 2009
TITLE `~ V • t
(Fill in capacity in which signed: (a) If corporation, state
corporate office held; (b) Ifpartnership, write word
"partner" under signature of signing partner; (c) If
individual owner, write "individual owner" under
signature.)
~~
www.ascap.com
October 27, 2009
Mr. Wayne Saunders
City of Clermont, FL
City of Clermont, FL
685 W Montrose St
Clermont, FL 34711-2119
Dear Mr. Saunders:
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 you
access to your account information, and it allows you to make payments directly to your account by Electronic Check or Credit Card.
Should you have any questions about your license or about our easy-to-use web system, please contact us.
In order to maintain your privacy, we have issued a personal password for your access to this secure system.
The Web address is:
Your account number is:
Your Password is:
I 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 ,
l~"'~ ~-~
Paul Williams
500683368
ASCAP, 2675 Paces Ferry Road, SE, Suite 350, Atlanta, GA 30339-3913
(Voice)1-800-505-4052 (Fax)770-805-3475
Pager 1 of 3
•
LOCAL GOVERNMENT ENTITIES
2010 Rate Schedule and Report Form
ASCAP
Account No.: 500683368 Premise Name: City Of Clermont, FL; _
Report Due: 12/30/2010
0
P. SCHEDULE A: Base License Fee
Base license
Population Size Fee
1 to 50,000 $305
50,001 to 75,000 $608
75,001 to 100,000 $731
100,001 to 125,000 $975
125,001 to 150,000 $1,219
150,001 to 200,000 $1,584
200,001 to 250,000 $1,949
250,001 to 300,000 $2,316
300,001 to 350,000 $2,682
350,001 to 400,000 $3,047
400,001 to 450,000 $3,412
450,001 to 500,000 $3,779
500,001 and * ** $4,631
over
*** $4,631 plus $500 for each 100,000 of population
above 500,000 to a maximum fee of $60,938
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 Revenue" 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 $305
License Fee for Year 2011 and Thereafter
For each calendar year commencing 2011, 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.
Page 2 of 3
•
� �. LOCAL GOVERNMENT ENTITIES
i 2010 Rate Schedule and Report Form
ASCAP
Account No.: 500683368 Premise Name: City Of Clermont, FL;
Report Due: 12/30/2010
A
SCHEDULE A: Base License Fee (Due upon execution of Agreement and within 30 days of the Agreement's Renewal Date )
Population Size: -- -- Base License Fee:
(Per current U S. Census Data) (Please refer to attached Rate Schedule)
SCHEDULE B: Special Events* (Report and Payment due 90 days after the conclusion of each Special Event)
Event Date
(mm /ddlyyyy) Gross
1f More than 1 Revenue of If the Event is
event Per Day, Event % Is a Program of Co- Sponsored
Please Report (Mutt Applies Musical Works (Please Identify The
j As Separate Performer(s) or Exceed to Gross Attached? Co- sponsor's Name, Address, Phone
j Entries) Group(s) Appearing $25,000) Revenue Event Fee (Yes /No) Number and ASCAP Account Number)
Name
Address
x .01 $
Phone No
Account No
Name
Address
x .01 $
Phone No
Account No
Name
Address
x .01 $
Phone No
Account No
Name
Address
x .01 $
Phone No
Account No
"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 Revenue" shall mean contributions from sponsors or other payments received by
LICENEE for each Special Event.
ASCAP, 2675 Paces Ferry Road SE, Suite 350, Atlanta, GA 30339 -3913 1 -800- 505 -4052 770 - 805 -3475 (FAX)
Epayment Websltes: http://www.ascap.comigis_web or http:llwww.ascap.com
Report Form Continued On Reverse Side
Page 3 of 3
LOCAL GOVERNMENT ENTITIES (continued): (Please complete form in its entirety)
SCHEDULE C: State Municipal and/or County Leagues or State Associations of Attorneys
Report Year: Annual License Fee: $305.00 (Due within 30 days of Renewal Date )
Total Fees Reported From Any or All of Schedules A, B or C: $
Base Licensee Fees accompanied by a completed Report Form are due and payable within 30 days of the License Agreement's renewal date.
The Report along with payment may be mailed to the ASCAP address below.
Contact Person: /
(Please print Contact's Name.) (Please print Contact's Title.)
Phone No.: ( ) Fax No.: ( ) Email: Website:
I certify that the above information is true and correct. Signature:
Dated: (Please print Name and Title of Signature name above )
ASCAP, 2675 Paces Ferry Road SE, Suite 350, Atlanta, GA 30339 -3913 1- 800 - 505 -4052 770 - 805 -3475 (FAX)
Epayment Websites: http: / /www.ascap.com /gls_web or http:l /www.ascap.com
12/20/2009 F0166_0110
AS CA P
Account No.: 500683368
City Of Clermont, FL ASCAP IMLA
685 W Montrose Street Account Services
Clermont, FL 34711 -2119 2675 Paces Ferry Road SE
Suite 350
Atlanta GA 30339 -3913
Page: 1 of 3
LOCAL GOVERNMENT ENTITIES
2011 Rate Schedule and Report Form
ASCAP
Account No.: 500683368 Premise Name: City Of Clermont, FL; Clermont, FL
Report Due: 12/30/2011
• qipt
SCHEDULE A: Base License Fee
Rase
Population i , ; . Fee
1 to 50,000 $309.00
50,001 to 75,000 $615.00
75,001 to 100,000 $740.00
100,001 to 125,000 $986.00
125,001 to 150,000 $1,233.00
150,001 to 200,000 $1,603.00 7
200,001 to 250,000 $1,972.00
250,001 to 300,000 $2,343.00
300,001 to 350,000 $2,713 00
350,001 to 400,000 $3,083.00
400,001 to 450,000 $3,452.00
450,001 to 500,000 $3,823.00
500,001 Plus* $4,685.00
*plus $500.00 for each 100,000 of population above 500,000 to a cpi -able maximum
fee ($500.00 not CPI able) of $61,652.00
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 Revenue" 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 $309.00
License Fee for Year 2012 and Thereafter
For each calendar year commencing 2012, all dollar figures set forth in Schedules A, B and C above (except for $500 00 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