HomeMy WebLinkAboutC2006-229 - 4/18/2006 - Approved
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AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND
CATHEDRAL CONCERT SERIES ("RECIPIENT")
(ARTS AND CULTURAL COMMISSION
HOTEL OCCUPANCY TAX REVENUE
RECIPIENT AGREEMENT)
The State of Texas
KNOW ALL BY THESE PRESENTS:
County of Nueces
This Hotel Occupancy Tax Revenue Recipient Agreement ("Agreement") is made and
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City"), acting through its duly authorized City Manager or his designee
("City Manager"), and Cathedral Concert Series ("Recipient"), a Texas non-profit
corporation, qualified as a 501(c)(3) organization under 26 U.S.C. Section 501(c)(3).
Whereas. the City has allocated $9,349 in Hotel Occupancy Tax revenue ("Grant
funds") to enable Recipient to perform those activities described in Exhibit "A"
("Activities"), a copy of which is attached to this Agreement and incorporated by
reference:
Whereas. City desires to encourage and fund activities that promote the arts and in
doing so serve to promote tourism and the convention and hotel industry within the City
of Corpus Christi In accordance with Chapter 351 of the Texas Tax Code;
Whereas Recipient desires to provide those activities that promote the arts, and in
doing so serve to promote tourism and the convention and hotel industry within the City
of Corpus Christi, as the sole or contributory producer of the activities described in
Exhibit" A" ("Activities');
Whereas. City has determined that there exists a genuine need for Recipient's Arts
program In the City of Corpus Christi and wishes to encourage the production of
Recipient's Arts Program through the funding of these Activities;
Now, therefore City and Recipient agree as follows:
I. Purpose. The City desires to expend funds from the City's Hotel Occupancy Tax
Revenue to fund activities produced by non-profit community-oriented organizations,
specifically those programs that promote the arts and in doing so also promote tourism
and the convention and hotel industry within the City of Corpus Christi.
II. Term. This agreement commences on the ~ day of January, 200.2 and terminates
on the 31 st day of December, 200~
H
III. City's Duties. City agrees to pay Recipient $9,349 out of revenue from the City of
Corpus Christi's Hotel Occupancy Tax fund for use in accordance with Section IV
below In no event will City be liable for an amount in excess of this grant amount.
2006-229
04/18/06
1\-12006-114
(athedral (oncut Series
') 1606DC. Cathed ralConcertSenes$9349 .22ndSea sonProt.ected.Form.dot
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III. City's Duties. City agrees to pay Recipient $9,349 out of revenue from the City of
Corpus Christi's Hotel Occupancy Tax fund for use in accordance with Section IV
l)elow In no event will City be liable for an amount in excess of this grant amount.
IV. Recipient's Duties. In consideration for receipt of Grant funds, Recipient agrees
to perform those activities described in the attached and incorporated Exhibit "A". This
performance shalllncluce those activities that are eligible for funding under Section
351 101 (a)(4) of the Texas Tax Code and those activities that are ineligible for funding
under that section of the Texas Tax Code but are inherent in and essential to the
successful production of Recipient's Activities.
V. Eligible Activities. Use of grant funds by Recipient is limited to those activities
that. without exception, meet all three of the following requirements:
A) the activities are described In the attached and incorporated Exhibit "A".
! B) the activities are in the categories of art that are eligible for funding as
described In Section 351 101Ia)(4) of the Texas Tax Code.
\ C) the activities promote the arts and in doing so also promote both tourism and
the convention and hotel industry within the City of Corpus Christi.
VI. Promotion of Tourism and the Convention and Hotel Industry. Recipient must
actively promote tourism to the City and the City's hotel and convention industry as a
goal of Recipient's Activities This may be accomplished by working to increase the
number of out-of-town program attendees through target promotion and by working with
the local Hotel-Motel and Condominium Associations.
VII. Completion Report. Recipient must submit to the City's Director of Parks and
Recreation ("Director") a completion report ("Report"), a copy of which is attached and
incorporated into this Agreement by reference as Exhibit "8", no later than thirty (30)
days following the termination of this Agreement. The Director, or his designee, shall
review thiS Report to verify whether the Grant funding provided to Recipient was spent
!n accordance with the requirements Ir1 this Agreement. A Recipient will not be
eligible to apply for Grant funds in the next calendar year if that Recipient fails to
submit its Report within thirty (30) days following the termination of this
Agreement. This requirement will be strictly enforced. Any recommendation or
indication by the City that Recipient may be eligible to apply for Grant funds for
the next calendar year is contingent upon the timely submission of this Report;
and Recipient shall be declared ineligible to apply for Grant funds for the next
calendar year if Recipient fails to timely meet this requirement. The Report must
!nclude the follOWing criteria
A) Written assurance to City that all ActiVities funded by the City served to
promote the arts in the community. This shall be evidenced by providing the City
Nith a written description of Recipient's marketing or advertising strategy.
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(B.I For all Activities funded by the City, Recipient must submit to the City a
'Nntten estimate of the number of Recipient's Arts program attendees that reside
outside the territorial limits of the City of Corpus Christi. This may be
accomplished by the use of a visitor log, by tallying the number of out-of-town
billings or by listing the out-of-town mailing addresses gathered through the ticket
sales process
C I An estimate of the total Arts Program attendance.
i D) A statement of Recipient's Arts Program revenues and expenditures.
VIR. Records Retention. Recipient must at all times during the term of this
Agreement, and for three years following the expiration of the Agreement, keep true,
accurate. complete, and auditable records. Recipient agrees to:
(A) at least annually make periodic reports to the City of its expenditures from the
Grant funds given under this agreement: and
I B make records of these expenditures available for review to the City.
IX. Disbursement of Funds. Recipient understands and agrees that payment by the
City of Grant funds under this Agreement is contingent upon Recipient's full
compliance with the requirements of this Agreement. Should Director determine during
the Agreement's term that Recipient has failed to comply with the requirements
contained In this Agreement, the Agreement is subject to termination in accordance with
Section XVII. listed below, and all Grant funds must be repaid to the City.
X. Unexpended funds. Upon termination of this Agreement, Recipient must promptly
refund to City any unexpended Grant funds
XI. Advertising. Recipient must recognize the City of Corpus Christi as a contributor
on all advertisements and publications regarding Recipient's Arts Program. Recipient
must provide Director with a copy of all Recipient-sponsored advertising and promotion
materials regarding its Activities.
XII. Modifications and Waivers. No provision of this Agreement may be altered,
changed. modified. or waived.
XIII. Relationship between Parties. Nothing in this Agreement shall constitute a
partnership, joint venture, or principal-agent relationship between the parties.
XIV. Compliance with Laws. Recipient shall observe and obey all applicable laws,
ordinances, regulations and rules of the Federal. State, Country and City governments.
This Agreement is subject to applicable provisions of the City Charter and the City Code
of Ordinances
XV. Non-discrimination. Recipient shall not discriminate. or permit discrimination
against any person or group of persons, as to employment or in the provision of
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services, activities, and programs. Discrimination as it pertains to this section includes
discrimination on the basis of race. religion, national origin, sex, disability, or age, or in
any other manner that is prohibited by the laws of the United States or the State of
Texas Director retains the right to take action deemed necessary by Director to
enforce this non-discrimination covenant. Violation of this provision will result in the
immediate termination of this Agreement.
XVI. Indemnity. To the extent allowed by Texas law, Recipient hereby
fully agrees to indemnify and hold harmless the City of Corpus
Christi, its officers, employees, representatives, licensees, and
invitees ("indemnitees") against any and all liability, damage, loss,
claims, demands, and actions of any nature due to personal injuries
including, but not limited to, workers' compensation and death
claims, or any property loss or damage of any kind, that arises out of
or is in any manner connected with, caused by, either proximately or
remotely, wholly or in part, or claimed to have arisen out of, been
connected with, or have been caused by, any act or omission,
negligence, or misconduct on the part of Indemnitees or Recipient, or
Recipient's agents, servants, employees, guests, contractors,
patrons, licensees, or invitees participating in or observing
Recipient's Activities. Recipient further agrees to indemnify and hold
harmless Indemnitees in any situation in which injury or damage
results from a violation by the Indemnitees or Recipient, or
Recipient's agents, servants, employees, guests, contractors,
patrons, licensees, or invitees, of any law, statute, ordinance, or
government order of any kind. Further, Recipient will indemnify and
hold harmless Indemnitees where injury or damage results or arises
out of the exercise or rights or performance of obligations created by
this Agreement.
These terms of indemnification are effective regardless of whether
said injuries or damages result from the sole negligence, contributory
negligence, or concurrent negligence of Indemnitees. Recipient must,
at its own expense, investigate all claims and demands, attend to their
final resolution either by settlement or otherwise, defend all actions
with counsel satisfactory to Indemnitees, and pay all costs and
expenses related to such actions on account of liability, damage,
loss, claims, demands, or actions, including attorney fees.
XVII. Termination.
A i The City may terminate this Agreement for any of the following reasons:
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(1) The City may immediately terminate the Agreement due to any
violation bv Recipient of section XIV or XV of this agreement.
(2) The City may terminate this Agreement due to failure by the Recipient
to substantially perform the Activities described in Exhibit "A". Director
has the sole discretion to make the determination that Grant funds were
used for activities that did not fall within the permitted applications of tax
revenue under Section 351.101 (a) of the Tax Code. The City may
terminate the Agreement upon thirty (30) days written notice, specifying
that the Director has determined that Grant funds were used for purposes
other than those allowed under Section 351.101 (a) of the Tax Code, and
require Recipient to reimburse the City all Grant funds award. Should
Recipient and Director agree on a modification to the activities specified
In Exhibit "A" and execute a written modification in compliance with
Section XII of this Agreement. the City will not terminate the Agreement
due to Recipient's failure to adhere to the original, superseded contract
terms.
(3) The City may terminate this Agreement due to Recipient's use of
Grant funds to pay for activities other than those qualifying as Eligible
Activities under section V of this Agreement. Director has the sole
discretion to make the determination that Grant funds were used for
activities other than those qualifying as Eligible Activities. The City may
terminate the Agreement upon fourteen (14) days written notice, and
require Recipient to reimburse the City all Grant funds awarded.
B) Recipient may terminate this Agreement without cause upon thirty (30) days
written notice to City If Recipient chooses to terminate the Agreement,
Recipient must repay all Grant funds awarded, whether those funds were
expended on Eligible Activities or not.
XVIII. Severability. If any term or provision of this Agreement or its application to a
person or circumstance IS determined to be illegal, unenforceable or invalid, the
remainder of this Agreement will not be affected by that illegality, unenforceability, or
invalidity. To the extent possible, similar legal, valid, and enforceable terms will
automatically be substituted for those that are found to be illegal, invalid, and
unenforceable
XIX. Force Majeure. With respect to any duties, obligations, or covenants (but not
including the Completion Report required by Section VII) to be performed, or
consideration to be provided to either party during the term of this Agreement, the party
so obligated shall, in no event, be liable for failure to perform when prevented from
doing so by any cause beyond the reasonable control of that party including, without
limitation strike, lockout breakdown, accident. order or regulation of any governmental
authority, failure of supply, inability, by the exercise of reasonable diligence, to obtain
supplies, parts or employees necessary to perform services, or because of war, natural
disaster. or other emergency The time when that duty. obligation, or covenant must be
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performed or consideration must be provided will be extended for a period of time
equivalent to the delay clue to the cause beyond the control of the party obligated.
XX. Notices. All notices, demands requests, or replies ("communications") provided
for or permitted under thiS Agreement by either party must be in writing and must be
delivered by one of the following methods: (1) personal delivery; (2) deposit with the
United States Postal Service via certified or registered mail, return receipt requested,
postage prepaid; (3) prepaid telegram (4) deposit with an overnight express delivery
service for which service has been prepaid; or (5) fax transmittal. Notice deposited with
the United States Posta Service in the manner described above will be deemed
effective two (2) business days after deposit with the United States Postal Service.
Notice by telegram or overnight express delivery service in the manner described above
will be deemed effective one (1 business day after transmission to the telegraph
company or overnight express carrier. Notice by fax will be deemed received upon
transmission with proof)f delivery to the receiving party. All communications must be
made to
If to City
City of Corpus Christi
Director, Parks & Recreation
P. O. Box 9277
Corpus Christi, TX 78469-9277
(361) 880-3461
If to Recipient:
Ctthedral Concert Series
L. Gwozdz
501 Upper N. Broadwav
~~us Christi. Texas 78401
1 883-1918
Either party may change the address to which notice is sent by providing notice as
described above. Recipient must notify City of an address change within thirty (30)
days after Recipient's address has changed
XXI. Waivers. The failure of either party to complain of any act or omission on the part
of the other party, no matter how long the same may continue, will not be deemed a
waiver by said party of any of its rights as enumerated in this Agreement. No waiver of
any covenant or condition or breach of any covenant or condition of this Agreement by
either party at any time, express or implied, will be taken to constitute a waiver of any
subsequent breach of the covenant or condition. Notwithstanding any indulgence of
any breach by the Recipient of the provisions of this Agreement, it is expressly
understood that the City may at any time avail itself of its remedies under this
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Agreement, Including the right to terminate the Agreement on account of breach or
default
XXII. Entirety. This Agreement and all exhibits attached constitute the entire and sole
agreement between the parties regarding the subject matter described in this
Agreement. No other written documents or oral representations will have any force or
effect on the subject matter of this Agreement.
XXIII. Captions. The captions contained in this Agreement are not a part of this
Agreement and do not in any way affect or alter the terms of this Agreement~( I (J. ,
Exe~.~.... ,!f1 dyplicate, each of which will be considered an original, on the ~Vday
of '_ y LLtJ--..- 2006
etary
CORPUS CHRISTI
1v-
K. Noe, City Manager
~APPROV~~: 17 May 2006
.~.--~~:_-------- --"--
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
\ - ., . I \-f
I LuL IlC " . AU Il'lUti-....
. . AM ..-.....-.. .' Y' oL
>jT CCMn'CIL __...!j.LL.. -
AL.~
--sEcinA,V-=t'lL
STATE OF TEXAS
COUNTY OF NUECES
~.
This instrument was acknowledged before me on
George K. Noe, City Manager of the City of Corpus C
munici8Pl corporatior:l, 71. behajlf of the corporation.
.~t(L{)
,. ~,.
I, ""} ...-
\ . Vi..... I' ~PI.J . - - -:'
Notary Public, State of T exas l~~* ~~ ~:n~~~,,:~~~:n ExrNes ill...
"''E-' ~ November 09. 200 I
. ..oF .___... n. ~. ... ----di
~i~. l ,2006, by
'sti, a Texas home-rule
Printed Name
Commission Expires______
H LEG-DIR\OlgaRIDoyleIHotITax ArtsKs\2006\Hot Tax IJnd\O~1606DC.Cathed ralConc.ertSerr es$9348 22ndSea sonProt.ected.Form.dot
FOR RECIPIENT
Lb,:: ~.wc~~Q 2~ . ~_.
~ "---r~- ~-
Lee Gwozdz rPrinted Namel .
Director rTitle 1 I
~C7
./ {.
Page 8 of 8
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on Jv IV ~ I ~ , 2006, by
Lee Gwozdz, Director, Cathedral Concert Series, a Texas non-profit corporation,
qualified as a 501 (c)(3) organization under 26 U.S.C. Section 501 (c)(3), on behalf of the
cor oration...,
dta ublic, State of Te
.~. - -."'. .r,
L )~(.c .1 )> Lc.. l r :..{ L
Print Name
Commission Expires~/' JCj- C9 .~
OLGA DELACRUZ
NotlllY Public. State of Texas
My Commission Expires
August 19, 2009
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Exhibit "A"
2006 ART SUBGRANT PROGRAM
PART 2: PROJECT DESCRIPTION If completing this forrn online, please fill in the gray areas.
Or ,-,'lllzatlon \;"me file Cathedral Concert Senes
HI'Ici-\1otel la\ Usage T est page Include one copy for each Project Fill out all information that applies.
Indicate the dlsclplinet s) that best describe thiS request 0 Dance [J Theater 0 Music 0 Literature
J Visual ms
Art.s-in-Education 0 Museum 0 Cultural 0 Youth Arts
-l Indicate the ,unent operational budget for vow Organization check one
$50. lair or less
[.j $"'0,000-$100,000
U $100,000-$ ] million
A "PROJECT" IS defined as A smgular event or a series of related activities. Each organization may apply for
nu lTlore than 2 projects; the maximum {gtalg]Jlount that may be requested is $10,000.
Projects ",ust be completed within the term of support: January 1-December 31. If you
change the date (only change allowed) of your project within the grant year, please write
notice of the change to A. C . C. Projects may not be extended into the next year. No
Exceptions:n,t;;J her
.A fhls is Project P .l__ of a total of ! applications $$ requeste~_~~O:.QQQ .
B f)rojecl 1 itlt: _2Z~d~R~sounctmgSeaS.9Jl
Admission/ticket Costs:
$0
C Date(s) 0! event( SI mcluded m thIS project January 2006 to December 2006
D lhe Projl~ct Fxhibltion/Artist for whIch funding is being sougl1fls corifirmed'1
E ~ The facdit\ or venue in compliancE' with the Americans with Disabilities Act')
o Yes
o Yes
ONo
o :-10
(Piease see Attachment A to this application. a statement of the Arts & Cultural Commission's
position on Accessibility) If"No". what are you as an organization going to do to insure
accessibility bv handIcapped/disabled persons')
f'liilictteci I1lill1i't.'1 or' [,ers')Ij" te benefit dlft'dl\ from thlS hO.lect
3 000
;-.; Pleases state aU plans to advertISe All advertismg components are reqUIred to include the Arts & Cultural
C "mmission logo r'\iame all specific advertismg outlets used 0 TV 0 Radio 0 Newspaper 0 Website-
GJ (hiler Announcement to area schools and Visitor Guide Magazine
Ole>.,:! ibe vour \\ebsite \.) Ho'\' many hIts per week
B) How many email invitations are sent')
If \ 011 art' requt'stmg HOT mone\. your organization iCeiL:, mal'ket out-of-town Samples of your marketing
must h included J[l \ our Compldic\n Report Failure to include such samples will affect nlture funding
[,1St methods \,1' Irackmg oul-uf-t dwn attendees
We actuallv c( lunt heads and ask out of t( lwners to fill out a form to be added to our mailing list The patrons
\\ho aglee wili rt'cel\e mailings dUf'ng the seaSUll We are also trvmg to send e-mails.This only works as long as
the e-mads remalll \. urrent
h dm actlvll v a perfom1ance b. students in a class') 0 '\10 DYes If Yes, will there be a professional
perfortl1lng in the program') If yes. how long will the professional perform (Do not
answer unlfss the activity is a youth performal1ce)
OrganiZation '\lame The Cathedral Concert Senes Project (2006) Name nnd Resounding Season 17
\~'.
o
I
PROJECT FINANCIAL DATA
PLEASE NOTE
PRO\lDE UNE PROJECT BUDGET ONLY IN THIS SECTION
PLEASE ADD ALL COLl1MNS AND ROWS \VHERE INDICATED (>).
REVENUES
Reminders: Figure -tY In the lower right corner represents the total project revenues associated with this project
This figure should equal the total project expenditures (Figure "0") shown in the lower right corner of Part 2,
Page 2" Grant D1Ust be matched with cash and/or In-kind services Please note that in-kind resources may not
exceed .?",% of the project total
Part F For Actual Project Revenues
.,
REVENlES
Projected Earned Income
Estimated Ticket Sales
'hlS Proiec:' (In!\")
(Rounded To The Nearest Dollar)
CASH CITY
IN-KIND
PROJECT TOTAL
"'_d'!1:fM11 reCCles,
:i;l)oc!s,sen;ces rnax '250/0 of project I
W orkshop F e9s/T wtlOns
Chher Earned Income (Speed\)
Fundr31slng
" kmbershlJ2>
$ 20.00C If,
:1> :5
_._--~
<;, 'i\)'1 S
t "
.-.--,-----.-----
...; 21l 5110
$
,1
h
$
$
$
$21l,5(H)
l nearned Income
a
Government Grants (SpecifYi:
Cn::V ~U BGRANT
TeL
,.
FoundatIOn Crants (SpcClf' i
.c' BeE
S $ 10,000 $
S 2.0()() '\-. $
'\, 2,1 Ii Ii i t $
"';4.11111I i\ 1 () ,(lOll $ U,OOO
Uther Unearned lne i SpcClhl
(ontnbutlons. sponsors
\1embershms CIrcle
( )ther
-;;
$
:1>
S,
$
$
$
S 10,1)(1('
'5 10000
"20.11011
$ 20 ,000
fOTAL REVENI :F~
.\
s.t4.:'iIlH
I-
I
c
v'
I
v-'
I
i}~OX _J? cannot be more than Box .\ + C. divided bv 2)
- .
(Jrgaril/dtlon'\J :nv The Cathedra Concert Senes
Project (2006) Name_22nd Resounding Season
19
Expenditures must be same as revenues in each column; ie, Cash revenue $10,000; Cash expenditure must
equal $10.000. Reminders: No 2rant will exceed Yz of total proiect cost. Grant must be matched with cash
and/or in-kind services. In-kind services cannot exceed 25% of total project cost.
(Round To The Nearest Dollar)
CASH CITY
PROJEC[ FfNAJ\.Cl;\L DA 1.\ c,)n
EXPENDITURES
EXPENDITURES
IN-KIND
PROJECT TOTAL
ihow herE' ho\\- grant ['"f'qut'st will be spt'nt)
(Goods/sE'n;ices~ may not exceed 250/0 of projed co~t)
,1, Administration:
;JlowabJOtaff Salar~?
iThis project ()nl~-Pg.12 i
Professic'IlgI fee;"
)ther
S li),OUO
S _~I),OO()
S
Sxxxx. xxxx
$
$
$
s IMOO
$
b Travel Expenses:
Lodgmg
Other __\I!l~LClan~_
12:'1)
i) _ 1 J2()Q
$40.(}O(}
'[,
$
S
$
(', Other Expenses:
EqUIpment Rental
ExhlbltlclI}
F aCI 11 tv Re n,tal ( s,l
~
ip.suranlc
$
S l.OOjl
S . i,.OQSI
S SOO
Promotlo[']
f>,rintmf!
Shippmc:
Supplie~
'\;
UtilIties
( )ther
s _
S.Ll.<)O(j
$2.250
s
s
s
'[,
'i;
'5
S
$
$
S
S
S
S
$
'[,
s
'1>____
S
$
rOTAL FXPE~DIT(TRE~
.,.....-
I $44:'(i11 H
$13.5()()
~
$ 1 (I(I()() H
........-- D
r-I $54.5()()
y
I
Expenses show in these boxes must indicate how revenues listed are spent. and cannot exceed totals from Revenues. The
tl~urC III thL 10\\ er j ighl conIC] reprc~ent the tot:.!! c\:pendltures assoclJted \11117 [Ill., j'/'(Ijcc[!operation
~iE.please do not add or include any other material with
this report. Thank you.
REMEMBER. DO NOT CREATE YOUR OWN FORMS. USE ONLY THIS FORM - (it may
be (o~JiE,'d but no changes nun be made 1 c these forms)
()[~an:/cll!Cin '-ante r he Cathedral ( ,mcert 5-.eries
........
Project (2006) Name 22nd Resounding Season
20