nea ADVISORY BOARD MAIN ARENA FRED G. BUFFE 12,000 seating capacity ~ Chairman JOHN C, GROVER MUSIC HALL Vice-Chairman 2,572 seating capacity be — LITTLE THEATRE 600 seating capacity EXHIBITION HALL 120,000 square feet COMMITTEE ROOMS (23 seating capacities 25 to 500 BARNEY L. ALLIS HARRY M. GAMBREL R. CROSBY KEMPER FRED M. LEE DORMAN H. O'LEARY HARRY H. WELSH, JR. MUNICIPAL AUDITORIUM KANSAS CITY, MISSOURI EUGENE C, ZACHMAN, Director LOUIS G. LOWER, Ass’t Director June 30, 1926 Dr. Forrest C. Allen Director of Physical Education University of Kansas lewrence, Kansas Dear Dr, Allens In going over the 193 contracts I came across your contract with the Bldg, for January 29th, Dr. Allen, this contract is dated January 29, 19.2 and of course this contract should read January 29, 193. Please change your contract to read 1913. Trusting that you will overlook this small mistake and that you will correct your contract, Thanking you, I am respectfully, oking r Mr. Marven Roseman, Booking Clerk, Municipal Auditoriun, Kensas City, Hos Dear Mr. Roseren: This will acknowledge receipt of the contracts for use of the Auditorium on the night of Jenuary 29, 1943, for our game with the Naval Aviation Pre-FPlight Sehool of iowa City. I am signing and returning one copy for your files, and retaining the other copy for our files. . Very sincerely yours, — Director of Physical Education, Varsity Basketball Coach. MAIN ARENA 12,000 seating capacity ADVISORY BOARD FRED G. BUIFFE airman MUSIC HALL oe oe ey 2,572 seating capacity H. E. BONING, JR. LITTLE THEATRE Secretary BARNEY L. ALLIS HARRY M. GAMBREL R. CROSBY KEMPER FRED M. LEE DORMAN H. O'LEARY HARRY H. WELSH, JR. 600 seating capacity EXHIBITION HALL 120,000 square feet COMMITTEE ROOMS( 923 seating capacities 25 to 500 MUNICIPAL AUDITORIUM KANSAS CITY, MISSOURI EUGENE C, ZACHMAN, Director LOUIS G. LOWER, Ass’t Director June 22, .19)i2. Dr. Forrest C. Allen, Director of Physical Education, University of Kansas lawrence, Kansas Dear Dr, Allens I am enclosing the contracts for the use of the Arena for your engagement with the Naval Aviation Pre-Flight School of Iowa City on January 29, 19))2. As you have done in the past, please sign the original contract and return it to the Municipal Auditorium at your convenience, Hoping that the games will again be the success that they have in the past and thanking you. Respectful ly, Manu free. eee AND LEASE This Agreement, Made on the 2th day of _ a oe 19 be , by and between the City of Kiansas City, Missouri, a municipal corporation, represented in the entering of iia contract by the Municipal Auditorium Director, hereinafter designated as the Lessor, party of the first part, and bre Forrest C. ‘Allen agent or representative of | Direstor of Physica? Bancata dn _ OS Uatveretty of Kansas party of the second part, hereinafter designated: as: Lessee, WITNESSETH: That the party of the first part, the Lessor, Kansas City, Missouri, in consideration of the covenants and agreements herein contained, and of the faithful performance of the Lessee of sail such covenants and agree- ments hereby grants unto said Lessee the right to use and occupy the . Avena ‘on eee January 29, 191, of the Municipal Auditorium Building, situated at 13th: & Wyandotte —_ Kansas City, Missouri, for the following and no other purpose, to wit: Basketball. games during the hours and upon the dates hereinafter specified, to wit: SET UP eoustomury basketbali arrangements ) TROOP Ms te 12259P oMe OPEN 'TO PUBLIC REMOVAL | with such special arrangements as are here set forth = The Lessor further agrees: 1. To permit the Lessee, upon the faithful performance of the terms of this lease, peaceably and quietly to have, hold and enjoy the use of said premises for the purposes and for the term aforesaid, accidents and unavoidable delays PROTA Se To furnish, at the Lessor’s expense, reasonable heat for the said premises for, the purposes aforesaid, accidents and unavoidable dela ys excepted. 3. To furnish, at the Lessor’s expense, light for ordinary use oily, for said premises, wiian and as required in the reasonable opinion of the Director of said building, for the purposes ' aforesaid, accidents and unavoidable delays excepted. a To furnish water from the Kansas City Water Works by means of the regularly installed appliances for ordinary tottct and drinking purposes only, accidents and unavoidable delays excepted. 5, TO Purhish “standard sets-of roserved sent tickets, to handle the aévanoe sale of ‘piekets, to | 05 SPE A. RO, WET ‘ticket sellers, ticket eheg and ushers. The Lessee hereby covenants and agrees: 1. To pay to the said Lessor for its rights under this Lease and Agreement the sum of $1,00 to be paid at the time this contract is signed, plus 20% of all gate receipts after deduction of Federal and State taxes. ; Both the Lessor and the Lessee agree and understand that if a flat rate is to be paid for the rights of the Lessee under this contract and lease, then the Lessee is to pay all municipal, state and federal taxes upon the receipts taken in, which are required to be paid, whether in the nature of a sales tax, amusement tax, privilege tax or any other kind of a tax, and if the Lessee claims to be exempt from any such tax the Lessee shall in advance obtain in writing a statement acknowledging its exemption-from the proper governmental branch and present such statement to the Director of the auditorium in advance of the particular performance or occasion that the exemption relates to. Further, in the absence of such a presented exemption the party of the first part is hereby granted a lien upon all moneys received in its custody for any performance, exhibition or other public use and from such money shall be entitled to take therefrom such sum/as is necessary to pay the tax or taxes owing. If the party of the second part is to pay’a percentage of the receipts taken in on any performance, exhibition or other public use for its rights received under this contract and lease, then the party of the first part has a general lien over all such money taken in with the right to take from such money such sum as is necessary to pay. said tax oy taxes, and then from the remaining amount the parties hereto take their specified percentages. Further, the party of the first part has a lien over all box office receipts with the right to take therefrom the money owed it as rental under this contract and lease, and also a lien over said box office receipts for the purpose of and with the right to deduct from said box office receipts a sufficient amount of money to pay the costs of stage hands, musicians, ushers, door men, ticket takers, spot light operators, motion picture operators, and any and all other employees of said Lessee who may be called in, either by said Lessor or by said Lessee, for the convenience of said Lessee and at the said. Lessee’s request, for-said attraction pro- vided for by this contract and lease, it being distinctly understood and agreed, however, that all and each of the above mentioned employees are and remain employees of the Lessee herein solely, and the Lessor is in no way or manner responsible for any moneys whatsoever claimed by said employees for work or labor done in any way in connection with said attraction. The party of the first part and the party of the second part agree that: 1. The party of the first part will not advertise any performance, exhibition, attraction, or public dis- play except with the specific permission of the Director of the auditorium as to the means and manner of such advertising, and shall advertise only in such papers and by such means and in such a manner as the Auditorium Director agrees to, and no billing, distributing or advertising of any kind whatsoever in the newspapers, or in any other form, paper, or manner shall be done by the Lessee without the actual and specific consent of the Auditorium Director. A violation of this clause is agreed and understood to be against the essence of this — and shall be considered a violation of the whole contract, rendering it voidable at the option of the essor. ~. 2. That said Lessee will comply with all: rules'and requirements of the Police Department and Fire De- partment and other municipal authorities of Kansas City, and will obtain and pay for all necessary permits and licenses, and will not do nor suffer to be done anything on said premises during the term of this lease in violation of law. 3. That said Lessee shall not injure, nor mar, nor in any manner deface said premises, and shall not cause or permit anything to be done whereby the said premises shall be in any manner injured, marred or defaced; and will not drive or permit to be driven, nails, hooks, tacks or screws into any part of said building and will not make nor allow to be made any alterations of any kind therein; that no bills, signs or other articles shall be pasted, nailed or otherwise attached to any part of the interior of said building in such manner as to injure, deface or destroy the same, nor shall any signs, bills or other articles be in any manner attached to the exterior walls or said premises or any other portion of said premises without the approval of the Director of the auditorium. 4, That if said premises or any portion of said building during the term, of this lease shall be damaged by the act, default or negligence of the Lessee, or of the Lessee’s agents, employees, patrons, guests or any person admitted to said premises by Lessee, Lessee will pay to the Lessor upon demand such sum as shall be necessary to restore said premises to their present condition. The Lessee hereby assumes full responsibility for the character, acts and conduct of all persons admitted to said premises by or with the consent of any person acting for or in behalf of said Lessee, and said Lessee agrees to have on hand at all time sufficient police force to maintain order and protect persons and property. The Lessor assumes no liability for injury of any nature to persons or property received in or about said building and premises and the Lessee coven- ants and agrees to make no claim against the Lessor for damages for such injuries, and agrees to indemnify and hold harmless the Lessor against any claim for damages of such character, either to the Lessee or to any employees or to other persons including patrons or guests of the Lessee. 5. That said Lessee shall not. assign this lease nor,suffer,any use of the said premises other than that herein specified, nor let nor underlet the same, nor suffer any article to be brought into or act done on said premises which vitiate or increase the premiums on the policy or policies of insurance held by the Lessor on its building, of which said premises are a part. 6. That the Advisory Board of the Municipal Auditorium and the Municipal Auditorium Director and anyone who shall present from them or him in writing a proper statement that that person is to be admitted, shall have at all times free access to said premises for the purpose of making necessary inspections or attend to any other matter which is usual and customary in the managing and regulating of said building. Further, that the Advisory Board of the Municipal Auditorium, through the Director of the Municipal Auditorium, shall have the right to select from the entire list of boxes, four boxes, if the performance, exhibition or display is given’ in the arena°of the Municipal Auditorium, and if given anywhere else in the Municipal Auditorium, then the Advisory Board of the Municipal Auditorium, through the Director of the Auditorium, shall have the right to select from the entire list of available seats ~ number of seats of his own choice, all said boxes and seats being provided to said Director for each and every performance, exhibition or display given, without cost or.other remuneration, On 7.. That the keys.and other locking devices shall at all times be in the possession and control of the Lessor. 8. Said Lessee agrees to abide by and conform to all rules and regulations from time to time adopted by or prescribed by the Lessor, for the government and management of said building; to take the proper care of the demised premises during said term; to quit and surrender up said demised premises to the Lessor at the end of said term) in the same condition as at the date. of the commencement of this contract and lease, ordinary use and wear thereof only excepted. The Lesseé hereby acknowledges and recognizes that certain portions of the Municipal Auditorium and certain functions that are carried on therein operate under certain union regulations and on a union basis. The Lessee agrees that if his particular function, exhibition, display, or use, is of the type that comes within these union rules recognized by the Director of the Municipal Auditor- ium, then the Lessee agrees to operate under them and abide by them. 9. That if the said premises, or any part thereof, shall become vacant during said term, the Lessor or its representatives may re-enter the same either by force or otherwise without being liable for any prosecution therefor, and may at its own option relet the said premises as the agent of said Lessee and receive the rent therefor, applying the same, first, to payment of such expenses as may be incurred in re-entering and relett- ing said premises, and then to the payment of the rent due under this contract and lease; the surplus, if any, to be paid over to the Lessee, and said Lessee covenants and agrees hereby to pay to the Lessor, on demand, the balance, if any, of the rental herein agreed to be paid remaining after deducting the net rental resulting from such reletting; but nothing herein contained shall be construed as imposing any obligation on the Lessor to relet or attempt to relet the said premises nor does the Lessor assume any such duty, nor shall anything herein contained be construed in any way to affect the obligation of the Lessee to pay the full amount of said rental in case said premises shall not be so relet. 10. That in case the Municipal Auditorium Building, or any part thereof, shall be destroyed or damaged by fire or any other cause, or if any other casualty or unforseen occurrence, including strikes, lockouts, boycotts and civil insurrections, shall render the fulfillment of this lease by the Lessor impossible, then and thereupon this lease shall terminate; and in the event the term of this lease shall have begun prior to any such occurrence, the Lessee shall pay rental for said premises up to the number of hours as the unit of measuring at the rate herein specified; and in the event of any such occurrence prior to the beginning of the term of this lease, then this lease shall not become effective; and in either event, said Lessee hereby waives any claim for damages or compensation because of any such termination. 11. That the Lessor and its employees, servants and agents shall not be responsible for any damage or injury that may happen to the property of the Lessee, or to the property of the Lessee’s agents, servants and employees, or to property that may belong to any other person, including any of the general public that may attend said leased portion of the Auditorium, where said loss arises from theft, fire or any other circum- stance, and said Lessee hereby expressly releases Lessor from said losses and agrees to indemnify it against any and all claims for such loss, damage or injury in cases both where the Lessee is the actor and in cases where the Lessee has, in compliance with this contract and lease, entered into a sub-lease or sub-contract. 12. That the Lessor, through its concessionaire, reserves the sole right to sell refreshments, including food, confectionery, drinks, cigars, cigarettes and other such articles, and the right to conduct check stands, and the Lessee shall not engage in any of the aforesaid business in the building, without the written consent of the Director of the Auditorium. 13. .That the Lessor reserves the right to remove from the building all effects of whatsoever nature left within it by the Lessee after the expiration of the time covered by this contract and lease; or to charge an additional rental at the same rate per date provided in this contract if written notice is given to remove such effects to the Lessee, and they are not immediately removed; and the Lessee agrees to pay to the Lessor an amount to cover the cost of removing such effects or the cost of such additional rental. 14. That in the handling, control, custody, and keeping of receipts and funds and moneys, whether the same are received through the box office or otherwise, the Lessor is acting for the accommodation and benefit of the Lessee, and that as to such receipts and funds the Lessor shall be responsible only for gross neglect or bad faith. The Lessee promises to do no act that will prejudice the insurance of the Lessor concerning the bonding of the employees of the Lessor in the handling of the box office receipts. The Lessee further agrees with the Lessor that the only persons who are to have the right to be in the box office are those employees of the Lessor directly engaged in the box office work, the Director and Auditor of the Municipal Auditorium, and the manager of the Lessee for the purpose of checking the number of sales made, and no others. 15. The Lessee hereby agrees that the Lessor has the unqualified right to cancel this contract and lease without refunding any money paid thereunder, or without any loss or detriment to said Lessor if the Lessee has misrepresented in any manner or in any degree the type or nature of the attraction to be held in said leased premises, if said misrepresentation in any manner influenced said Lessor in entering into this contract and lease, and said Lessee hereby agrees that said Lessor is the sole judge, through its duly appointed agent, the Director of the Auditorium, of whether or not the said misrepresentation did so influence it in entering into said contract and lease; further said Lessee assumes the duty of disclosing to said Lessor whether or not the attraction to be held in said leased premises is in any manner or means of a political nature, and failure to so disclose makes this contract and lease voidable at the election of the Lessor. 16. And the said Lessee further covenants, agrees and understands that if any default is made in the payment of the rent or any part thereof at the time above specified, or if any default is made in the covenants or agreements herein contained, this contract and lease and the relation of landlord and tenant at the option of the Lessor, shall cease and terminate and the relation of the parties shall be the same in all respects as if said term had fully expired, and the said Lessor may re--enter the said premises and hold the same as of its for- mer estate therein, remove all persons therefrom, and resort to any legal proceeding to obtain such possession, and the said Lessee shall notwithstanding said re-entering, pay the full amount of said rental as herein agreed to be paid. The party of the first part and the party of the second part hereby agree, stipulate, and recognize that in the entering of this contract and lease they are not in any way partners, co-partners, or in any way jointly interested in any mutual enterprise but are to each other Lessor and Lessee respectively, and occupy that status only. This agreement shall bind the parties and their respective heirs, executors, administrators and assigns. IN WITNESS WHEREOF, the city of Kansas City, Missouri, a municipal corporation, represented in this contract by its Auditorium Director, has caused this contract to be signed by its Auditorium Director, for and on behalf of Kansas City, Missouri, and the Lessee has signed the same in duplicate the day and year first above written. KANSAS CITY. asketball Coache.... This contract is subject to clause # 1 which is on the back of this contrac BASKETBALL GAMES Arena-January 29, 19)2. 17s: The parties hereto being cognizant that the United States is at war and that a war emergency. exists and. that demands have been made by the United States Government upon the City and its facilities, and that other demands may in the future be made, it is therefore understood and agreed between the parties hereto that. in the event the United States Government, or any department or agency thereof, desires to lease or use any part of the Municipal Auditorium Building involved or affected by this lease, then this lease may be immediatéhy cancelled by the lessor without notice thereof; and furthermore the lessor also reserves the right to. change the dates herein specified at lessor's discretion, and the lessee hereby waives any claim he may have or which might arise by reason of such cancelation or change of dates. ¥*4 6 pag: S S aarane: a nese = 2...- ® Ge shu : th oe 2. 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