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Art Grant - Booth Tarkington Civic Theater ,,!Qµ`..BRsy,, a ve % ANP' ARTS GRANT PROGRAM AGREEMENT This Grant Agreement (herein referred to as "Agreement") entered into by and between the City of Carmel (the "City") and Booth Tarkington Civic Theatre (the "Grantee"), is executed pursuant to the terms and conditions set forth herein. In consideration of those mutual undertakings and covenants, the parties agree as follows: I. That on behalf of Grantee, a not-for-profit corporation, I, Cheri Dick an authorized representative of Grantee, have applied for a City of Carmel ("Grantor") Arts Grant, said application attached hereto and made a part hereof as Exhibit"A." 2. Grant Agreement. The City, after review and recommendation by the Mayor and by the City Council, agrees to grant $ 4.200 DC() • CO to the Grantee for the eligible costs of the project (the "Project") or services as described in Exhibits "A" and "B" of this Agreement. The funds shall be used exclusively in accordance with the provisions contained in this Agreement. 3. Design and Implementation of Project. The Grantee agrees to use any and all grant funds in accordance with the proposal contained within this agreement and any documents attached to this Agreement, which are incorporated by reference. 4. Warranty of non-profit status. Grantee hereby represents and warrants that it is a not-for-profit entity with a determination letter from the Internal Revenue Service declaring that it is exempt from Federal income tax. 5. Payment of Grant Funds by the City. The payment of this Grant by the City to the Grantee shall be made in accordance with the following conditions: A. This Agreement must be fully executed and signed by both Grantee and Grantor. B. Grantee has attached all the following information, which it represents and warrants to be true and accurate, all which have been incorporated fully by reference: 1. An application and description of the proposed use of the grant funds (EXHIBIT A); 2. A budget for the calendar or fiscal year for which the grant is requested (EXHIBIT B); 3. Certified copies of incorporation as a not-for-profit corporation under state law (EXHIBIT C); 4. A not-for-profit application or determination letter from the U.S. Internal Revenue Service identifying that it is a not-for-profit corporation that is exempt from Federal income tax (EXHIBIT D); 5. Any audits, reviews or compilations available describing the financial condition of the Grantee (EXHIBIT E); 6. A list of the Grantee's board of directors and officers listed (EXHIBIT F); 7. A Year End Report from the previous year IF Grantee received an Arts Grant from the City of Carmel in the previous calendar year, pursuant to paragraph 7 herein(EXHIBIT G). C. Any other grant conditions that City requires to be met by Grantee, specifically: 6. Grantor's right to request audit or review. Grantee shall submit to an audit or review by an independent Certified Public Accountant of funds at the City's request, and shall make all books, accounting records and other documents available at all reasonable times during the term of this Grant Agreement, and for a period of three (3) years after final payment of funds under this Agreement, for the purpose of an audit by the City of Carmel, the State of Indiana, or their designees. 7. Year end review. Grantee agrees to provide the City of Carmel a year-end report ("Year End Report") for each year, describing how the grant was used and the impact of the dollars received. This Grant award may not exceed one third (1/3) of Grantee's combined contributed income, revenue of sales, and/or ticket revenue from the previous year. If the Grant amount is in excess of sixty thousand dollars ($60,000.00), the Grantee agrees to provide, at Grantee's cost, a review or audit of the 2 grantee. Said review or audit shall be performed by a Certified Public Accountant ("CPA") who is neither an employee of Grantee nor a member of the Grantee's Board of Directors, to be provided to the City of Carmel by March 31 of the following year. 8. Funding Credit. Grantee agrees to credit the City of Cannel in the printed materials associated with a funded program or project. The City of Cannel will supply, upon request, Grantee with the graphics/logos necessary for compliance. 9. Statutory Authority of Grantee. The Grantee expressly represents and warrants to the State that it is statutorily eligible to receive these monies and it expressly agrees to repay all monies paid to it under this Grant, should a legal determination of its ineligibility be made by any Court of competent jurisdiction. 10. Use of Grant Funds by Grantee. The funds received by the Grantee pursuant to this Agreement shall be used only to implement the Project or provide the services in conformance with the Budget and for no other purpose. If it is determined by the City that misappropriation of funds have occurred, the Grantee must return all funds received by Grantor and individuals who misuse.Grant funds may also be subject to civil and/or criminal liability under Indiana or Federal law. 11. Employment Eligibility Verification. The Grantee affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien. The Grantee affirms under the penalties of perjury that he/she/it has enrolled and is participating in the E-Verify program as defined in IC 22-5-1.7. The Grantee agrees to provide documentation to the City that he/she/it has enrolled and is participating in the E-Verify program. Additionally, the Grantee is not required to participate if the Grantee is self employed and does not employ any employees. The City may terminate for default if the Grantee fails to cure a breach of this provision no later than thirty(30) days after being notified by the State. 12. Governing Law; Lawsuits. This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 13. Relationship of Parties. The relationship of the parties hereto shall be as provided for in this Agreement, and neither Grantee nor any of its compensated officers, employees, contractors, subcontractors and/or agents are employees of City. The 3 • Grant amount set forth herein shall be the full and maximum compensation and monies required of City to be paid to Grantee under or pursuant to his Agreement. 14. Severability. If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provision of this Agreement shall remain in full force and effect. 15. Entire Agreement. This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Grantee and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 15 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEROF, the parties hereto have made and executed this Agreement as follows: Boot `Tark' gton Civic Theatre ("Grantee") By: UlELPiLL Printed Name of Officer: Cheri Dick Title: Executive Director Date: 2/27/13 CITY O CARM EL CAREL ("Granto ") By: .4,, / James Brainard, Mayor Date: /910 ysfi 20, JO5 ATTEST: Date: ik3 F off) °Rob If you have any question concerning the City of Carmel's 2013 Arts Grant Program,grant writing,guidelines or application mate,ials,contact: Sharon Kibbe,City of Cannel,One Civic Square,Carmel, ,iN 46032,Phone:317-571-2483,skihhe,acarmel.in.aov. 4 Exhibit "A" An Application and Description of the Proposed Use of the Grant Funds APPLICANT: Name of organization: Booth Tarkington Civic Theatre Address: 3 Center Green Ste, 200 Carmel. IN 46032 Telephone: 317/924-6770 Fax: 317/853-6427 Contact Person: Cheri Dick, Executive Director Email: cheri@civictheatre.org APPLICATION AMOUNT: $ 250 , 000 . 00 Not to exceed 1/3 of previous year revenue/income DESCRIPTION OF THE PROPOSED USE OF THE GRANT FUNDS: See attached narrative. By: Printed Name of Officer: D. Peter Dunbar Title: Board Chairman Date: February 28, 2013 (Additional pages may be added to Exhibit"A") 5 During the 2013-2014 season, Civic will use support from the City of Carmel to generate $2,300,000 in economic activity in the Carmel area, provide employment for 150 local artists, and serve 51,000 patrons through theatre access, education, and outreach programs. ORGANIZATIONAL DESCRIPTION Booth Tarkington Civic Theatre is the largest community theatre in Indiana and one of the ten largest nationwide. For 98 years, it has been a vital part of metropolitan Indianapolis, providing live entertainment, creative opportunities and theatre education to residents of central Indiana. Civic's programs provide community members opportunities onstage, behind the scenes, and in the audience with the support of experienced theatre professionals. Each season, Civic conducts 80 public performances, works with 300 avocational actors, and serves 51,000 patrons. Civic Theatre's mission is to foster a love of theatre through imagination, education, and participation. Civic Theatre's unique composition of avocational performers and volunteers led by experienced theatre professionals sets it apart from other performing arts organizations in central Indiana. Although a community theatre, Civic is a distinctive hybrid of professional artists who ensure the quality of the Theatre's productions, backed by the support of talented community members who volunteer their time as performers, crew members, ushers, and administrative volunteers, minimizing overhead expenses. Civic has a unique capacity to involve and educate the community by providing opportunities to work alongside highly regarded designers and directors, including full-time staff members who possess MFAs in their disciplines. To supplement the expertise of Civic's production faculty, the Theatre employs additional freelance artists—choreographers, musicians, directors, and designers—to further improve the artistic quality of its productions. As continuing students of theatre, all of Civic's theatre professionals ensure cutting-edge educational opportunities for all who approach the organization with an eagerness to learn. Although education has been integral to the Theatre's operations since its inception, Jr. Civic has officially offered the only year-round, theatre-based performing arts program in the state of Indiana since 1941. Under the guidance of professional instructors, students 18 months and older are introduced to a multidisciplinary curriculum, aligned with Common Core State Standards, to connect theatre proficiencies with life skills that promote success such as discipline, self-confidence, commitment and team work. To provide equal access for all students, Jr. Civic embraces the needs of at-risk students and implements numerous outreach programs to provide curriculum for these deserving yet underserved students. Jr. Civic educational workshops and outreach programs reach over 18,000 individuals annually. MAINSTAGE Mainstage production selection for the 2013-2014 season is still in process, with titles selected and delivered to the Center for the Performing Arts, but rights not 100% secured. Civic publicly announces its Mainstage season of 3 Broadway musicals and 2 plays each spring at the start of its subscription campaign launch. The Jr. Civic Musical title is determined later in the season, as it does not occur until the end of the fiscal year. Production Title Dates Performances Seats 1 Mainstage Fall Musical CHICAGO 09/06/13-09/22/13 10 5,130 2 Mainstage Fall Play THE FOREIGNER 10/25/13-11/10/13 10 5,130 3 Mainstage Holiday Musical JOSEPH 12/13/13-01/05/14 17 9,234 4 Mainstage Winter Play ALWAYS, PATSY CLINE 02/07/14-02/23/14 10 5,130 (Will be replaced due to licensing restrictions) 5 Mainstage Spring Musical Multi Tony Award 04/25/14-05/11/14 10 5,130 Winning Musical BOOTH TARKINGTON CIVIC THEATRE,INC. The Tarkington • 3 Center Green, Suite 200 • Carmel, IN 46032 • 317/923-4597 • 317/923-3548 Fax • CivicTheatre.org ut. 6 Young Adult Program ANYTHING GOES 07/25/13-07/28/13 3 1,539 7 Student Matinee CAT IN THE HAT TBD 12 6,156 8 Jr. Civic Musical TBA 06/13/14-06/18/14 8 4,104 TOTALS 80 41,553 Civic's eight family friendly productions in the Tarkington during the 2013-2014 season will provide potential for over 41,000 patrons to attend as audience members. Civic's current projections indicate that close to 80% of its seats will fill, realistically serving 33,000 individuals. According to the Arts Council of Indianapolis' Economic Impact study of 2010, each of these patrons will spend $28.38 beyond the cost of their ticket on meals, transportation, souvenirs, concessions, etc. With an average ticket cost of$38.15 per patron, Civic audience members alone will generate $2,195,490 in economic activity in the Carmel area. An additional $141,917 will be generated through education programs for a grand total of$2,337,407 in economic activity in Carmel due to Civic's presence. Thus, it is clear that the City's support of Civic's operations a sound investment in the community's overall vitality. The Theatre is proud of its ability to provide top tier theatre at a reasonable price to the central Indiana community. The heart of Civic's artistic vision is the creation of magic through theatre. This magic is far greater than special effects that enhance a production; it inspires every participant by exposing them to new ideas, igniting their imaginations, and provoking eye-opening conversations. Civic believes that theatre should not be consumed merely on special occasions, but on a daily basis through study, rehearsal, performance, creation, and observation. It is vital nourishment for the soul and mind and should be accessible to everyone regardless of their skill or experience. Civic's success in achieving its artistic vision is most effectively measured by observing the audience during a performance. The reaction in the house to a production —whether it is a jaw dropped, a tear shed, or a hearty laugh— indicates the impact of Civic's magic. Listening to actors, students, and patrons as they exit the Tarkington also indicate success. If individuals speak emphatically about what they've just experienced, Civic has succeeded. EDUCATION In addition to programming in the Tarkington, Civic will use grant funds to provide theatre education to over 18,000 community members through workshops, educational productions, and outreach initiatives. At Jr. Civic's education suite in the James Building, over 1,200 students ages 18 months through seniors will study musical theatre in one of over 100 course offerings. Jr. Civic provides a broad range of workshops for students ages 18 months and up, with tracks through which performers can move on to more advanced courses once they have mastered the basics. All youth curriculum is tied to Common Core State Standards, ensuring that the lessons are age appropriate and challenging. Furthermore, instructors—all experienced theatre professionals—use rubrics to evaluate each student's performance to provide constructive feedback and recommendations for progression through Jr. Civic's levels of study. Jr. Civic workshops are unique to central Indiana in that they are based on skill development rather than product development. In other words, Jr. Civic students improve and perfect their performance skills through participation in programs with experts rather than paying tuition to rehearse a production for performance. Jr. Civic's philosophy is to build a superior performer through proper technique and intensive study,focusing on the process rather than the product. This approach to theatre education promotes meaningful and lasting change in the life of each student. The Jr. Civic Musical, a fixture in Civic programming since 1928, is cast exclusively with performers ages 6-14 and will entertain over 3,000 youth at eight performances in June 2014. Titles are generated from classic children's tales and have included RUMPLESTILTSKIN, ALICE IN WONDERLAND, BEANSTALK! THE MUSICAL!, et al. The cast of 30 is BOOTH TARKINGTON CIVIC THEATRE,INC. The Tarkington • 3 Center Green, Suite 200 • Carmel, IN 46032 • 317/923-4597 • 317/923-3548 Fax • CivicTheatre.org ii determined based on April auditions, and there is no fee to participate. Production values for the Jr. Civic Musical are held to the same artistic standards as Civic's Mainstage programming. The annual student matinee will serve over 4,000 elementary and middle school students and feature a fully professional cast. Titles are selected based on their appeal to students in grades K-8 and their relationship to Common Core State Standards. Civic's flexible schedule in the Tarkington allows the organization some flexibility in determining the dates of this production, which will include ten weekday school matinees and two weekend public performances. Civic has access to time slots in both the fall and spring for this production and will select the dates that produce the greatest student availability, taking into account standardized testing, school breaks, etc. Civic habitually reaches out to educators from throughout the state with marketing. In the past, school matinees have drawn school groups from all corners of the state, including Terre Haute, La Porte, Bedford, and Batesville. Over 1,500 high school students will benefit from participation in the Young Adult Program as performers, students, or audience members. A Civic-driven collaboration with the Feinstein Initiative, this month of theatre workshops and rehearsals will culminate in a celebratory Arts Week. Young Adult Program participants will be provided ample opportunity to support and work alongside their peers from the Great American Songbook Competition, participating in master classes taught by highly regarded professionals from across the country. During this week, teens from the community at large will be invited to sample Civic's programming through free workshop participation. Music educators will benefit from professional development through panel discussions with workshop instructors, class observations, and exposure to all the programming the Center for the Performing Arts has to offer. Arts Week will not only provide unmatched educational opportunities for teens, but also bolster the Center's reputation as an entertainment destination in the Midwest. OUTREACH Civic's outreach programs target the underserved community with theatre access and education for low income individuals who might otherwise never be exposed to the art form. Through Storytime with Civic, 3,500 low income preschoolers will receive quality educational opportunities at no charge. In collaboration with PNC's Grow Up Great campaign, Civic serves these at risk children with preschool visits by local artists, Backstage Pass tours at the Tarkington, and tickets to the Jr. Civic Musical. Partnerships with Day Nursery, St. Mary's Child Center, Hamilton County Headstart, Hamilton Heights, and other preschools with little or no access to arts education allow Civic to serve children who will benefit most from quality early childhood education programs. Over 3,000 underserved and low income community members will attend the final dress rehearsal of each Mainstage production and the Jr. Civic Musical for free through the SneakView program. This well established program is offered to 200 social service agencies from throughout central Indiana, including retirement facilities, shelters, group homes, etc. Each designated performance books to capacity, and when seats are available at a public performance, Civic offers them to waitlisted SneakView groups. SneakView constituents are comprised of 80% senior citizens who benefit from the meaningful social interaction that theatre provides. ADMINISTRATION Civic's staff of 12 full time and 2 part time employees effectively manages the Theatre's production and administrative operations on a day-to-day basis. Of these individuals, nine focus their energies on the execution of production and educational programs, and the remaining five support these operations through administrative duties including marketing, development, and sales. Every year, Civic invests in a thorough and strategic marketing campaign to target new patrons with similar socio-economic and geographic characteristics to current patrons. Furthermore, Civic's BOOTH TARKINGTON CIVIC THEATRE,INC. The Tarkington • 3 Center Green, Suite 200 • Carmel, IN 46032 • 317/923-4597 • 317/923-3548 Fax • CivicTheatre.org administrative staff will pursue diverse fundraising appeals and approaches to new and established foundation, corporate, and individual prospects to bolster the annual fund and build the ongoing capital campaign. Civic evaluates organizational success on a weekly basis by monitoring various aspects of ticket sales, including single tickets, groups, subscriptions, and percent of house capacity sold. These statistics are shared weekly at staff meetings for discussion, and measured against previous weeks as well as comparable shows in past seasons to evaluate a particular title's popularity as well as the effectiveness of marketing initiatives. These staff meetings also provide opportunities to share observations of the Theatre's day-to-day operations, troubleshoot challenges, develop best practices, and repeat successful initiatives. These evaluations are provided to funders and kept for future reference to ensure Civic's continual improvement. The Theatre's model for financial sustainability is comprised of 55% earned income and 45% contributed income, 90% subscription retention from year to year, and a strong, expanding education program. Civic's ability to rely on tuition income is a unique method by which the organization maintains and bolsters financial sustainability. To achieve these goals, Civic works diligently to continue existing relationships with patrons and partnering organizations, while constantly exploring opportunities to develop new income streams internally and through external support. Civic Theatre has continuing partnerships with the following Hamilton County entities via outreach, sponsorship, or trade: Abacus of Carmel* Grille 39 Matt the Millers* Campbell Kyle Proffitt Hamilton County CVB Monon Center* Carmel Chamber Hamilton Heights Schools* Pedcor Companies Carmel City Center Headstart* REI Carmel Trophies IU Health North Hospital Renaissance Inn Clay Township Board Kahn's Special Olympics Current Publications Krieg DeVault Telamon Corporattion Drewry Simmons Vornehm Kroger on Rangeline Rd. Firestone Mangia! *Indicates NEW partnerships for the 2012-2013 season. These partnerships represent collaborations to provide arts access and education to underserved students, patron incentives and deals, promotional considerations, and sponsorships of Civic's Mainstage and educational programs. Civic continually seeks new and diverse opportunities to collaborate with community organizations and institutions to create mutually beneficial partnerships that are representative of the neighborhoods we serve. 2009-10 2010-11 2011-12 2012.13* Patrons from Marion County 60.0% 58.1% 44.8% 39.1% Patrons from Hamilton County 13.3% 16.9% 39.6% 42.0% Patrons from Other Central Indiana Counties 14.3% 17.5% 10.4% 13.3% Patrons from Outside Central Indiana 12.4% 7.5% 5.2% 5.6% Total Patrons Served 44,293 45,244 45,606 51,015 *Projected attendance through the end of the current fiscal year. Through a diligent, professional approach to the production of family friendly theatre and educational programs for all ages, Civic bolsters the vitality of the City of Carmel. Beyond the substantial impact on Carmel's economic activity, Civic's offerings improve the quality of life for residents and attract tourism through its reputation as the local anchor at the Center for the Performing Arts. BOOTH TARKINGTON CIVIC THEATRE,INC. The Tarkington • 3 Center Green, Suite 200 • Carmel, IN 46032 • 317/923-4597 • 317/923-3548 Fax • CivicTheatre.org •„ EXHIBIT B Projected Budget BOOTH TARKINGTON CIVIC THEATRE,INC. The Tarkington • 3 Center Green, Suite 200 • Carmel, IN 46032 • 317/923-4597 • 317/923-3548 Fax • CivicTheatre.org Booth Tarkington Civic Theatre 2012-2013 Budget Summary REVENUE 2013 Proposed 2013* 2014** Mainstage 105% Subscriptions $ 145,530 152,444 160,066 Single Ticket Sales 378,871 359,981 377,980 Group Ticket Sales 209,600 131,845 138,438 Jr. Civic Ticket Sales 20,000 20,000 21,000 Subtotal Mainstage 754,001 664,270 697,484 Production Classes and Workshops 114,700 141,917 149,012 Rentals and Sales 12,500 12,696 13,331 Concessions - -Subtotal Production 127,200 154,613 162,343 Support Foundation & Government *** 435,000 437,850 510,243 Individual 55,000 166,385 174,705 Bequests 1,300 1,310 1,375 Corporate Sponsorships 126,000 79,200 83,160 Fundraiser 30,000 1,400 1,470 Other 2,000 2,786 2,926 Subtotal Support 649,300 688,931 773,878 Capital Campaign Transfers 575,633 604,317 584,032 TOTAL REVENUE $ 2,106,134 $ 2,112,131 2,217,737 EXPENSES Salaries and Benefits $ 778,000 700,917 735,963 (58% Production; 42% Administrative) Production 481,484 553,827 581,518 Marketing and Advertising 195,500 203,074 213,228 Administrative 189,600 187,683 197,068 Facilities**** 425,000 441,504 463,579 Fundraiser - - - Civic Classes 32,000 20,232 21,243 Development 2,850 3,847 4,039 Group Sales 1,700 1,047 1,099 Concessions - - - TOTAL EXPENSES $ 2,106,134 $ 2,112,131 2,217,737 Booth Tarkington Civic Theatre 2012-2013 Budget Summary *2013 numbers are presented as a projection of the fiscal year ended June 30, 2013. Civic has calculated this column with actual activity through January 31, 2013 and an estimate of activity to take place from February 1 to June 30, 2013. **Proposed 2014 activity is reflective of a 105% increase on all line items, with the exception of Foundation & Governmental support. ***2013 Foundation and Governmental support includes a $190,000 grant from the City of Carmel that has been awarded, but not yet received. ****Facilities expense includes$400,000 of purchase payments that are currently being renegotiated. iti iC -4.„, q/_i1+ RESOLUTION NO. BPW-09-04-13-04 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING RECEIPT OF CONTRACT WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City's mayor shall sign all contracts of the City; and WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable James C. Brainard, has signed the City contract attached hereto as Exhibit A(the"Contract"); and WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk-Treasurer's Office, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Camel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk-Treasurer and thereafter made available to the public for review. / SO RESOLVED this '1 im day of -52 / M ber , 2013. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Jagies Brainard, Presiding Officer 41.4.,LA, Mary AA/n Burke, ber Date: 7- 1/-/j Lori S. Watson, Me l Date: l 9/ V i ATTEST: Sandra M.Johnson, t(itaiX Deputy Quirk fir Diana C,6rdray, [MCA, ale r sur r Date: 9/V /3 BPW 09-04-13-04 Acknowledge Contract for BOOTH TARKINGTON CIVIC THEATRE