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Theater Of The Performing Arts_March to July 1976THEATRE OF PERFORMING ARTS 38 (continued) Date of interest situation exists. 3. Councilman Weinstein requested that possibility of em- ploying additional acousticians be explored, suggested that more cigarette receptacles be provided; advised that buttons onbenches were not secured and situation should be corrected. 4. Mayor Rosen requested that transcript of this discussion be immediately reviewed by City Mgr., City Atty., Conv. Center Director and architect, and that Admin. be prepared to give full report and recommendations to Coun- cil on 3/17/76. 3/3/76 Memo #5608, TOPA, Messrs. Evan Davies and 3/17/76 Joseph Farcus, representing Architect THEATRE OF PERFORMING ARTS 39 (continued) Date Morris Lapidus, appeared and took the position that the City is required to provide the fund- ing for necessary corrections to the Theater's accoustics. Council approved Councilman Sahl's motion that recommendations of City Atty. be approved; that expenditure, under protest, of $22,882 be authorized; and authorizing City Atty. to advise and put Mr. Lapidus on notice -a) City deems this to be a breach of contract; b) that by making this expenditure the City does not waive any of other implications for further damages; c) City will be filing suit on breach of contract. Pursuant to recommendations of Mr. Davies, con- curred in by City Mgr. and City Atty. release of payment of $594,063.09 to general contractor, 3/17/76 THEATRE OF PERFORMING ARTS 40 (continued) Date Nezelek Construction Company, was authorized, subject to investigation by City Atty. as to any claims of lien filed. City Mgr. and City Atty. were directed to review list of items contained in Council Memorandum No. 5608, not as yet approved by Council, and to identify the items on which Architect and not City, took bids, to determine whether or not these are new type change orders, new equipment which does not represent anything in relation to pos- sible breach of contract or legal action, and to submit a detailed report on same. 3/17/76 Memo #5786, TOPA; recommendation to increase 7/7/76 rental rates, eliminate box office charge,