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Theater Of The Performing Arts_January to February 1977THEATRE OF PERFORMING ARTS (continued) arbitration, rather than litigation. b) Later in the meeting, Council received a communication from Mr. Zev Bufman, delivered during the meet- ing, advising he intends to suspend bookings for the Summer months until the problem with the acoustics has been corrected. Council authorized the City Atty. and Administration to retain an expert witness of their selection for the sole purpose of observing the situtation firsthand and making recommendations as to where the pre- sent system is failing and what would be re- quired to correct present problems; however, with the express direction that nothing be touched or changed without first clearing it with the City Atty. 50 Date 1/5/77 THEATRE OF PERFORMING ARTS 51 Date Councilman Meyerson requested an up -dated status 1/19/77 report. Administration submitted LTC 14-77 re: Acoustical Survey of Theater of Performing Arts by Klepper Marshall King Associates, Inc., con- taining detailed findings of special expert wit- ness hired by City for purpose of submitting re- commendations e- cornmerrdatioris as to corrections required and esti- mate sti- mate of cost to do so. Discussion held and at re- quest of Council, Architect Morris Lapidus appeared later in meeting, reviewed contents of report, and concurred, without prejudice to his position, in one phase of recommendation of KMK being considered by Council, namely, to correct portions of sound amplification and system. Res. #77-15248 adopted, authorizing expenditure of $12,800 in accordance THEATRE OF PERFORMING ARTS 52 (continued) Date with KMK report, with the understanding that this work will proceed without prejudice to the legal rights of either the City of the Architect; that the City's position, as of now, that this problem is the fault of the architect's design, and that City intends to seek recourse against the Archi- tect for this as well as other expenditures. NOTE: Prior to voting, Councilman Speet indicated he had heard from Special Counsel, Mr. Dan Paul, who advised he concurred in the action contemplated by the Council. 1/19/77 Memo #6171, status report on TOPA acoustics (progress of Klepper Marshall King Assoc,LTD). Council approved Administration's recommendation 2/2/77