11-203.00 Broadcast Music Inc (BMI): CenterPlace Music License RLCEiVEL.)
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Music That Works For You October 19, 2011
Mike Stone
Spokane Valley Washington
11707 E Sprague Ave Ste 106
Spokane Valley WA 99206
Your Decal Shows That You Support American Music!
Dear Mr. Stone:
Thank you for licensing your use of BM1 music and for recognizing the importance of BMI's work in
helping to promote the continued growth of American Music. Our staff is very proud to serve the
music licensing needs of businesses and organizations like yours because our work and the work of
our more than 500,000 affiliated songwriters, composers,and music publishers would not be
possible without your support.
For this reason, I am pleased to enclose an executed copy of your BMI Music License—your official
verification that your business or organization can benefit from BMI's more than 7.5 million musical
works. Our award-winning repertoire includes every style of music created, which ensures that you
will find the right musical fit to create the best atmosphere for your place of business.
I'm also pleased to enclose a BMI decal to display in your establishment or organization to show that
you help contribute to the continuance of American Music by licensing your music use. Again, on
behalf of the entire family of BMI songwriters, composers, and music publishers, thank you for playing
BMI music.
Sincerely,
Z C .
atAL,21,,,
Thomas G. Annastas
Vice President
Licensing
End: Executed MPA, BMI Decal, Online One-Sheet
1 P.S. Did you know that BMI customers can save up to 25% at FedEx, JBL, and Dell?
10 Musk Square East,Nashville,Tennessee 37203.4399 (800)925-8451 Fax: (615)401-2624 EXECMPA•4.doc
BMI and the music eland symbol are registered trademarks of Broadcast Musk,Inc.
2323021 10182011 GL MPA
H-23
Music License for Local Governmental Entities
1. DEFINITIONS
(a) LICENSEE shall include the named entity and any of its constituent bodies,departments,agencies or leagues.
(b) 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 and/or operated by LICENSEE and any site which
has been engaged by LICENSEE for use by LICENSEE.
(c) Recorded 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(1)compact disc, audio record or audio tape players(but not including"jukeboxes"); (2)
videotape, videodisc or DVD players; (3)music performed as an accompaniment to karaoke; (4)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(5)a music-on-hold telephone system operated by LICENSEE at the Premises.
(d) Live Entertainment means music that is performed at the Premises by musicians,singers and/or other performers.
(e) BMI Repertoire means all copyrighted musical compositions written and/or published by BMI affiliates or members of BMI-affiliated
foreign performing rights societies, including compositions written or published during the Term of this Agreement and of which BMI
has the right to license non-dramatic public performances.
(f) 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.
(g) 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"(as defined in Schedule B)of such Special Event exceeds
$25,000.
2. BMI GRANT
(a) BMI grants and LICENSEE accepts a non-exclusive license to perform, present or cause the live and/or recorded public
performance on the "Premises" and at"Events"and "Functions", and not elsewhere or otherwise, non-dramatic renditions of the
separate musical compositions in the"BMI Repertoire". The performances licensed under this Agreement may be by means of
"Live Entertainment"or"Recorded Music".
(b) This license does not authorize (1) the broadcasting, telecasting or transmission or retransmission by wire, Internet, website or
otherwise,of renditions of musical compositions in BMI's Repertoire to persons outside of the Premises,other than by means of a
music-on-hold telephone system operated by LICENSEE at the Premises;and (2)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 BMI Repertoire 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: (1) performance of a "dramatico-musical
work"(as hereinafter defined)in its entirety;(2)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; (3) 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;and(4)performance of a concert version of
a"dramatico-musical work"(as hereinafter defined). The term"dramatico-musical work"as used in the 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:(1)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; (2) by or at colleges and
universities; (3) at any professional sports events or game played on the Premises; (4) at any permanently situated theme or
amusement park owned or operated by LICENSEE; (5) by any symphony or community orchestra; and (6) by means of a coin
operated jukebox.
3. REVIEW OF STATEMENTS AND 1 OR ACCOUNTINGS
(a) BMI shall have the right to require such reasonable data necessary in order to ascertain the Annual License Fee.
(b) BMI shall have the right,by its authorized representatives,at any time during customary business hours,to examine the books and
records of account of LICENSEE to such extent as may be necessary to verify the statements made hereunder. BMI shall consider
all data and information coming to its attention as a result of any such examination of books and records as completely confidential.
(c) BMI shall have the right to adjust LICENSEE's Annual License Fee based upon the most recently available revised population
figures provided by the U.S.Census Department.
Page I of 4
4. LATE PAYMENT AND SERVICE CHARGES appointed, they shall appoint a third arbitrator. If ten (10) days
BMI may impose a late payment charge of one and one-half elapse after the appointment of the second arbitrator and the two
percent (1'Y2%) per month, or the maximum rate permitted by arbitrators are unable to agree upon a third arbitrator,then either
law, whichever is less, from the date payment is due on any party may, in writing, request the American Arbitration
payment that is received by BMl more than thirty(30)days after Association to appoint the third arbitrator. The award made in
the due date. BML may impose a$25.00 service charge for each the arbitration shall be binding and conclusive on the parties and
unpaid check, draft or other means of payment LICENSEE judgment may be, but not need be, entered in any court having
submits to BMI. jurisdiction. Such award shall include the fixing of the costs,
expenses,and attorneys'fees of arbitration,which shall be borne
5. BMI COMMITMENT TO CUSTOMER!INDEMNITY by the unsuccessful party.
So long as LICENSEE is not in default or breach of this
Agreement,BMI agrees to indemnify,save harmless,and defend 10. NOTICES
LICENSEE and its officers, and employees. from and against Any notice under this Agreement will be in writing and deemed
any and all claims, demands, or suits that may be made or given upon mailing when sent by ordinary first-class U.S. mail to
brought against them with respect to the performance of any the party intended, at its mailing address stated, or any other
musical works which is licensed under this Agreement at the time address which either party may designate. Any such notice sent
of performance. LICENSEE agrees to give BMI immediate to BMI shall be to the attention of the Vice President, Licensing
notice of any such claim, demand,or suit, to deliver to BMI any Department at 10 Music Square East, Nashville,TN 37203. Any
papers pertaining thereto, and to cooperate with BMI with such notice sent to LICENSEE shall be to the attention of the
respect thereto,and BMI shall have full charge of the defense of person signing the Agreement on LICENSEE's behalf or such
any such claim,demand,or suit. person as LICENSEE may advise BMI in writing.
6. BREACH OR DEFAULT!WAIVER 11. MISCELLANEOUS
Upon any breach or default of the terms and conditions The fact that any provisions are found by a court of competent
contained herein, BMI shall have the right to cancel this jurisdiction to be void or unenforceable will not affect the validity
Agreement if such breach or default continues for thirty(30)days or enforceability of any other provisions. This Agreement
after LICENSEE's receipt of written notice thereof. The right to constitutes the entire understanding between the parties and
cancel granted to BMI shall be in addition to any and all other cannot be waived or added to or modified orally and no waiver,
remedies which BMI may have. No waiver by BMI of full addition and modification shall be valid unless in writing and
performance of this Agreement by LICENSEE in any one or signed by both parties.
more instances shall be deemed a waiver of the right to require
full and complete performance of this Agreement thereafter or of 12. FEES
the right to cancel this Agreement with the terms of this (a) In consideration of the license granted herein, LICENSEE
Paragraph. agrees to pay BMI a license fee which includes the total of
the"Base License Fee" and any applicable"Special Events
7. CANCELLATION OF ENTIRE CATEGORY License Fees",all of which shall be calculated in accordance
BMI shall have the right to cancel the Agreement along with the with the Rate Schedule on Page 3. For purposes of this
simultaneous cancellation of the Agreements of all other Agreement,
licensees of the same class and category as LICENSEE, as of (i) "Base License Fee" means the annual fee due in
the end of any month during the Term, upon sixty (60) days accordance with Schedule A of the Rate Schedule and
advance written notice. based on LICENSEE's population as established in the
most recent published U.S. Census data. It does not
8. ASSIGNMENT include any fees due for Special Events.
This license is not assignable or transferable by operation of law (ii) "Special Events License Fees" means the amount due
or otherwise. This license does not authorize LICENSEE to in accordance with Schedule B of the Rate Schedule
grant to others any right to perform publicly in any manner any of when Special Events are presented by or on behalf of
the musical compositions licensed under this Agreement, nor LICENSEE. It does not include any Base License Fee
does it authorize any public performances at any of the Premises due.
in any manner except as expressly herein provided. (iii) LICENSEES who are legally organized as state
municipal and/or county leagues or state associations of
9. ARBITRATION municipal and/or county attorneys shall be required to
All disputes of any kind, nature, or description arising in pay only the fee under the Schedule C of the Rate
connection with the terms and conditions of this Agreement, Schedule. Such leagues or associations are not subject
except for matters within the jurisdiction of the BMI Rate Court, to Schedule A or Schedule B of the Rate Schedule.
shall be submitted to the American Arbitration Association in the Fees paid by such leagues or associations do not cover
City,County,and State of New York,for arbitration under its then performances of the municipality, county,or other local
prevailing arbitration rules. The arbitrator(s) to be selected as government entity represented by the league or
follows: Each of the parties shall, by written notice to the other, association. Schedule C fees are not applicable to
have the right to appoint one arbitrator. If, within ten (10)days municipal,county or other government entities.
following the giving of such notice by one party, the other shall
not, by written notice, appoint another arbitrator, the first
arbitrator shall be the sole arbitrator. If two arbitrators are so
Page 2 of 4
2011 RATE SCHEDULE FOR LOCAL GOVERNMENTS
SCHEDULE A
Check Population LICENSEE'S Population Base License Fee Enter Fee Based Upon
Range(J) Population
�) 1 - 50,000 $309
50,001 - 75,000 $615
2 75,001 - 100,000 $740 $740
100,001 - 125,000 $986
125,001 - 150,000 $1,233
150,001 - 200,000 $1,603
200,001 - 250,000 $1,972
250,001 - 300,000 $2,344
300,001 - 350,000 $2,713
350,001 - 400,000 $3,085
400,001 - 450,000 $3,454
450,001 - 500,000 $3,824
❑ 500,001 - plus 55.187 plus$500 for every
100,000 population increment
If 500,001 or more,enter population or portion thereof above
500,000 up to a maximum
annual fee of 561.663
SCHEDULE A FEE $ $740.00
SCHEDULE B
Special Events Fee
(to be reported 90 days after each event*, see Par.13(d))
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 Events exceeds$25,000.00
• "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 the sponsors or other payments received
by LICENSEE for each Special Event,
SCHEDULE B FEE BMi will provide a report
form to report your events'
SCHEDULE C
State Municipal and/or County Leagues or State Associations of Attorneys
(to be completed if you are a 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. No Special Events fee applies to LICENSEES qualifying under this schedule.
SCHEDULE C FEE $
13. REPORTING
(a) Upon the execution of this Agreement,LICENSEE shall submit;
(i) a report staling 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 13(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(90)days after the conclusion of each Special Event,LICENSEE shall submit to BMI 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(as defined above);
(iv) the license fee due for each Special Event.
October 13,2011 2323021 Page 3 of 4
(e) It LICENSEE presents, sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or
entity licensed under a BMI License Agreement, LICENSEE shall indicate the name, address, phone number and BMI 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 BMI, LICENSEE shall pay the license fee due hereunder, notwithstanding any agreement to the contrary between
LICENSEE and the other party.
(1) LICENSEE agrees to furnish to BMI,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.
14. RATE ADJUSTMENTS!LICENSE FEE FOR YEAR 2012 AND THEREAFTER
For each calendar year commencing 2012,all dollar figures set forth in Schedules A, B and C(except the$500 add-on for populations
of 500,001 or more)shall be the license fee for the preceding calendar year,adjusted in accordance with any percentage increase in
the Consumer Price Index—All Urban Consumers(CPI-U))between the preceding October and the next preceding October,rounded to
the nearest dollar. Any additional license fees due resulting from the CPI adjustment shall be payable upon billing by BMI.
15. TERM OF AGREEMENT
This Agreement shall be for an initial Term of one(1)year,commencing September 1,2011 ,which shall be considered the
effective date of this Agreement, and continuing thereafter for additional terms of one (1) year each. Either party may give notice of
termination to the other no later than thirty (30)days prior to the end of the initial or any renewal term. If such notice is given, the
Agreement shall terminate on the last day of the Term in which notice is given.
AGREEMENT OCT 1 8 1011
AGREEMENT,made at New York,N.Y.on(Dale will be entered by BMI upon execution) between BROADCAST MUSIC.INC..
a State of New York corporation with its principal offices at 7 World Trade Center,250 Greenwich Street,New York,N.Y.10007.0030(hereinafter"BMI')
and the legal or trade name described below and referred to thereafter as"LICENSEE"(the"Agreement"). This Agreement includes all of the terms and
conditions set forth herein.
LEGAL NAME LICENSED PREMISES
City Of Spokane Valley,Washington (All locations are licensed by LICENSEE)
(Name of Corporation.Podnorship.or Individual Ownor) (Street Addross)
TRADE NAME (may) (Slots) (yp)
Spokane Valley,Washington
(Doing busrnoss under the name o0 (Tolophono Number) (Fox Number)
PLEASE CHECK APPROPRIATE BOX (Conlan Name) (Tiuo)
❑ Individual Ownership (Email Address) (wobnddrsss)
❑ LLC ❑ Corporation
(stole a fornwommbn,d @awnw awn Uunrrr ProMs.$)
❑ LLP ❑ Partnership MAILING ADDRESS
(Enter norms et pnn.n) (If different from Licensed Promises)
❑ Other 11701 E Sprague Ave Ste 106
(Sheat Addross)
Federal Tax ID No. Spokane Valley WA 99206
(Cir) (Shiro) (Zip)
GOVERNMENT ENTITIES
(If applicable.please chock ono) (Tolophono Number) (Fax',Junto')
❑ Federal ❑ State
(Slate) (Contact Nemo) (Tills)
• Local Spokane Valley WA
(M+nkipnlily and State) (Email Address-ii dd(oronl horn obeys)
TO BE COMPLETED BY LICENSEE FOR ADMINISTRATIVE USE ONLY
By signing this Agreement you represent that you have the authority to bind TO BE COMPLETED 'Y BMI
LICENSEE and that you have read.understood and agree to all of the terms and �f BROADCA�Sj4 1 ,� INC. 1442
conditions herein. �/ 7l%"'
(SIGN HERE—PLEASE INCLUDE PAYMENT) i �1 v-aQ=�
Signature
Thomas Ce Annastas,Vice Presides
Ulf t '2
t
Signatory Email Address' FOR BMI USE ONLY I LGE Lt-2010/May
rd different from above) EFFECTIVE:
'In order to receive a copy of your executed Agreement. ^ 2323021 January 2010
Meese orovide the email address of the Slanatory rQ[
PLEASE RETURN THIS ENTIRE SIGNED '
LICENSE AGREEMENT TO: ACCOUNT NO. COlD • '?
BMI,10 MUSIC SQUARE E.,NASHVILLE,TN 37203 :BMl end the music stand symbol are /Ni
registered trademarks 01 Broadcast Music.Inc.
I11111111li 111111111111111111111111111111111111111111111111111111111111111
Page 4 of 4
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AWARDS
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Music That Works For You
Call us at(800)925-8451•Email us at licensing@bmi.com•Visit us on the web at bmi.com/licensing