2011-11-02T16:37:34-05:00 2010-12-31 BERGER LEWIS ACCOUNTANCY CORP 55 ALMADEN BLVD STE 600 SAN JOSE CA 95113 990 2010-01-01 680419182 LIVERMORE VALLEY PERFORMING ARTS CENTER LIVE 9253736100 2400 FIRST STREET LIVERMORE CA 94550 LEN ALEXANDER 9253736100 2011-11-01 1 LAWRENCE S KUECHLER 4084941200 2011-11-01 2010 2016-03-07 17:11:31Z LEN ALEXANDER 2400 FIRST STREET LIVERMORE CA 94550 4820186 0 X WWW.LIVERMOREPERFORMINGARTS.ORG X 1998 CA TO ESTABLISH AND OPERATE A WORLD-CLASS PERFORMING ARTS CENTER IN THE TRI-VALLEY. 20 19 48 20 0 0 5768926 1543667 986460 918567 46830 6740 5597 86334 6807813 2555308 0 0 0 0 1143305 920956 0 0 257066 2688454 2595912 3831759 3516868 2976054 -961560 36014446 34567421 25166502 24681037 10847944 9886384 X TO ESTABLISH AND OPERATE A WORLD CLASS PERFORMING ARTS CENTER IN THE TRI-VALLEY THAT PROMOTES AND ENCOURAGES THE PRESENTATION AND CREATION OF VISUAL AND PERFORMING ARTS WHILE ENHANCING THE PUBLIC'S APPRECIATION, ENJOYMENT AND UNDERSTANDING OF THE ARTS. 0 0 2804643 932019 LVPAC OPERATES THE BANKHEAD THEATER, WHICH SERVES AS HOME FOR MANY OF THE AREA'S FINEST PERFORMING ARTS ORGANIZATIONS. THESE INCLUDE BUT ARE NOT LIMITED TO DEL VALLE FINE ARTS, THE LIVERMORE VALLEY OPERA, THE LIVERMORE-AMADOR SYMPHONY, VALLEY DANCE THEATER, CANTABELLA CHILDREN'S CHORUS, TRI-VALLEY REPERTORY THEATER, THE VALLEY CONCERT CHORALE AND THE PACIFIC CHAMBER SYMPHONY. LVPAC PROVIDES THE BANKHEAD ON A RENTAL BASIS TO BOTH RESIDENT AND VISITING PERFORMANCE COMPANIES. IT ALSO FUNCTIONS AS A PRESENTER IN ITS OWN RIGHT, BRINGING TO LIVERMORE ARTISTS OF NATIONAL AND INTERNATIONAL STATURE. LVPAC FACILITATES THE RAY DOROUGH SPEAKERS SERIES, WHOSE SPEAKERS INCLUDE RENOWNED SCIENTISTS, WRITERS AND ARTISTS; FINALLY, LVPAC PROVIDES STUDENT MATINEE PERFORMANCES AND ARTISTS' CLASSROOM WORKSHOPS FOR CHILDREN IN THE TRI-VALLEY.DURING 2010, OVER 160 PUBLIC EVENTS TOOK PLACE AT THE BANKHEAD; MORE THAN 67,000 ATTENDEES ENJOYED PERFORMANCES BY SUCH ATTRACTIONS AS THE LIVERMORE VALLEY OPERA, VALLEY DANCE THEATER, CHANTICLEER, OTTMAR LIEBERT, THE CAPITOL STEPS, SPENCER DAY, RED PRIEST, DAR WILLIAMS AND THE LIVERMORE-AMADOR SYMPHONY. LVPAC AGAIN HOSTED GUITARFEST, WHICH BROUGHT THOUSANDS OF VISITORS TO LIVERMORE, AND TO THE BANKHEAD. OVERALL, ARTS ORGANIZATIONS THAT HAVE PERFORMED AT THE BANKHEAD HAVE EXPERIENCED STRONG ATTENDANCE AND REVENUE GROWTH, WHILE BROADENING AND DIVERSIFYING THEIR AUDIENCES. LVPAC PRESENTS ATTRACTIONS HAVE CONSISTENTLY ACHIEVED HIGHER THAN AVERAGE TICKET SALES. A CORNERSTONE OF LIVERMORE'S DOWNTOWN REVITALIZATION, THE BANKHEAD THEATER, AND THE ACTIVITIES OF THE LIVERMORE VALLEY PERFORMING ARTS CENTER, CONTINUE TO PLAY A VIBRANT ROLE IN THE CULTURAL, AND THE ECONOMIC LIFE OF THE CITY OF LIVERMORE. 96979 49441 LVPAC OPERATES THE BOTHWELL ARTS CENTER, A MULTI-PURPOSE FACILITY FOR THE SUPPORT OF LOCAL VISUAL AND PERFORMING ARTISTS AND ORGANIZATIONS, UNDER A LEASE AGREEMENT WITH THE LIVERMORE AREA RECREATION AND PARK DISTRICT. THE BOTHWELL ARTS CENTER SERVES AS AN ARTS INCUBATOR, OFFERING AFFORDABLE AND RENTABLE CLASSROOM, REHEARSAL, PERFORMANCE, EVENT AND STUDIO RENTAL SPACE FOR ARTIST, MUSICIANS, THEATRICAL, ACTING, CHORAL, AND OTHER INDIVIDUALS AND GROUPS WITH A CULTURAL ARTS FOCUS.6000 PEOPLE WERE SERVED DURING THE YEAR. 40550 LVPAC CONTINUED ITS EFFORTS TO BUILD A 2,000-SEAT REGIONAL THEATER. A PORTION OF ITS ADMINISTRATIVE OVERHEAD WAS INVESTED DURING THE YEAR IN THE PLANNING FOR THIS NEXT PHASE OF THE CENTER. THESE COSTS WERE INCURRED IN ANTICIPATION OF THE SUCCESSFUL COMPLETION OF THE REGIONAL THEATER PROJECT. IN 2010 DESIGN WORK FOR A 2,000 SEAT REGIONAL PERFORMING ARTS THEATER WAS BROUGHT TO COMPLETION. 2942172 1 1 0 0 0 0 0 0 1 1 0 0 1 0 1 1 0 0 0 0 0 0 0 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 1 20 0 48 1 0 0 0 0 0 1 1 0 0 0 0 X 20 19 1 1 0 0 0 0 0 1 1 0 0 1 1 1 1 1 1 1 1 0 CA X CAROL CONRAD 9253736100 2400 FIRST STREET LIVERMORE CA 94550 X PHILIP R WENTE 1.00 X X 0 0 0 JOAN K SEPPALA 1.00 X X 0 0 0 MICHAEL BOCCHICCHIO 1.00 X X 0 0 0 JEAN KING 1.00 X X 0 0 0 NANCY BANKHEAD 1.00 X 0 0 0 JAY DAVIS 1.00 X 0 0 0 MICHAEL W FABER 1.00 X 0 0 0 CHRIS GRANT 1.00 X 0 0 0 PATRICK KERNAN 1.00 X 0 0 0 STEVE KING 1.00 X 0 0 0 DOUGLAS SIROTTA 1.00 X 0 0 0 DONALD TISHMAN 1.00 X 0 0 0 MICHAEL MADDEN 1.00 X 0 0 0 JOSEPH MADDEN 1.00 X 0 0 0 LAYNE MARCEAU 1.00 X 0 0 0 MORTIMER L MENDELSOHN 1.00 X 0 0 0 THOMAS REITTER 1.00 X 0 0 0 CHARLES SMITH 1.00 X 0 0 0 DONNA WILCOX 1.00 X 0 0 0 DENISE WATKINS 1.00 X 0 0 0 DAVID DIAL LEFT APRIL 2010 40.00 X 66856 0 0 LEN ALEXANDER 30.00 X 0 0 0 OWEN BROWN LEFT MAY 2010 8.00 X 31375 0 0 CAROL CONRAD 40.00 X 49040 0 2400 147271 0 2400 0 0 0 0 CARR MCCLELLAN INGERSOLL THOMPSON & HORN P O BOX 513 BURLINGAME CA 940110513 LEGAL SERVICE 328682 MANAGEMENT CONSULTANTS FOR THE ARTS INC 400 MAIN STREET SUITE 400 STAMFORD CT 06901 MANAGEMENT SERVICE 143523 2 29766 390557 1123344 692245 1543667 THEATER REVENUE 711110 869126 869126 BOTHWELL STUDIO 711110 49441 49441 918567 4567 4567 1320 1320 1320 1320 2180225 2178052 2173 2173 2173 66010 29766 58705 7305 7305 42937 28121 14816 14816 MISC REFUNDS 900099 56288 56288 SPONSORSHIP ADVERTISIN 711190 6605 6605 62893 2555308 981460 0 30181 148081 16317 115448 16316 632837 505171 11612 116054 65170 50893 5677 8600 74868 50161 11979 12728 143237 52348 44104 46785 20628 20628 73840 73840 24936 21896 1474 1566 128916 128916 180405 151169 9907 19329 87356 74252 6552 6552 91951 88273 1839 1839 12727 6297 2756 3674 54039 51877 1081 1081 848131 839651 4240 4240 24928 23930 499 499 LOAN FEES 492505 480192 5861 6452 ARTIST PAYMENTS 269883 269883 FACILITY & EQUIPMENT 74839 74839 VARIOUS EVENT EXP 41074 29856 11218 BOND AMORTIZATION 26517 26251 133 133 3516868 2942172 317630 257066 1079392 1178924 2804722 1523687 3800904 2874247 67560 18440 58115 26131 24143747 2744540 22240809 21399207 419738 5543206 7546785 36014446 34567421 1881769 646886 352335 204151 22932398 23830000 25166502 24681037 X 7368480 6535965 2739464 2610419 740000 740000 10847944 9886384 36014446 34567421 -961560 0 X 0 1 1 X 0 X 3095414 3472534 1147564 5768926 1544566 15029004 3095414 3472534 1147564 5768926 1544566 15029004 4263358 10765646 122654 271147 190348 31925 5887 621961 27727 367289 903290 8205 62881 1369392 17020357 2085982 0.63250 0.53560 X RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED 740000 740000 1.00000 0 0 740000 740000 22536615 2437214 20099401 21729 16733 4996 845403 290593 554810 21399207 CONSTRUCTION IN PROGRESS 6158967 BOND ISSUANCE COSTS, NET 1387818 7546785 2555308 3516868 -961560 0 -961560 2610880 68525 68525 2542355 12953 12953 2555308 3572440 68525 28121 96646 3475794 41074 41074 3516868 DESCRIPTION OF INTENDED USE OF ENDOWMENT FUNDS: PART V, LINE 4: PERMANENTLY RESTRICTED NET ASSETS, WHICH CONSISTED OF LAND ACQUIRED BY THE CENTER AS A SITE FOR THE SOLE PURPOSE OF BUILDING THE 500-SEAT (COMMUNITY) THEATER TOTALED $740,000. THE LAND WAS ACQUIRED IN 2005 WHEN LIVERMORE VALLEY PERFORMING ARTS CENTER ENTERED INTO A PURCHASE AGREEMENT (THE "AGREEMENT") WITH THE CITY OF LIVERMORE (THE "CITY") FOR THE SITE UPON WHICH THE BANKHEAD THEATER IS CONSTRUCTED. UNDER THE TERMS OF THE AGREEMENT, THE CENTER PAID THE CITY THE SUM OF $1 IN EXCHANGE FOR THE PROPERTY, SUBJECT TO CERTAIN LIMITATIONS INCLUDING SPECIFIED RESTRICTIONS RELATING TO THE FUTURE USE AND DISPOSITION OF THE PROPERTY. IN CONNECTION WITH THE PURCHASE, THE CENTER RECOGNIZED A PERMANENTLY RESTRICTED CONTRIBUTION TOTALING $740,000 WHICH REPRESENTED THE EXCESS OF THE ESTIMATED FAIR VALUE OF THE PROPERTY OVER THE CONSIDERATION PAID AT THE DATE OF PURCHASE. DESCRIPTION OF UNCERTAIN TAX POSITIONS UNDER FIN 48: PART X: GENERALLY ACCEPTED ACCOUNTING PRINCIPLES PROVIDE ACCOUNTING AND DISCLOSURE GUIDANCE ABOUT POSITIONS TAKEN BY AN ORGANIZATION IN ITS TAX RETURNS THAT MIGHT BE UNCERTAIN. MANAGEMENT HAS CONSIDERED ITS TAX POSITIONS AND BELIEVES THAT ALL OF THE POSITIONS TAKEN BY THE CENTER IN THEIR FEDERAL AND STATE EXEMPT ORGANIZATION TAX RETURNS ARE MORE LIKELY THAN NOT TO BE SUSTAINED UPON EXAMINATION. THE CENTER'S FEDERAL RETURNS FOR THE YEARS ENDED DECEMBER 31, 2009, 2008 AND 2007 COULD BE SUBJECT TO EXAMINATION BY FEDERAL TAXING AUTHORITIES, GENERALLY FOR THREE YEARS AFTER THEY ARE FILED. THE CENTER'S STATE RETURNS FOR THE YEARS ENDED DECEMBER 31, 2009, 2008, 2007 AND 2006 COULD BE SUBJECT TO EXAMINATION BY STATE TAXING AUTHORITIES, GENERALLY FOR FOUR YEARS AFTER THEY ARE FILED. PART XII, LINE 4B - OTHER ADJUSTMENTS: CONCESSIONS EXPENSE -28,121. VARIOUS EDUCATION EVENTS EXPENSES 41,074. PART XIII, LINE 2D - OTHER ADJUSTMENTS: CONCESSIONS EXPENSE 28,121. PART XIII, LINE 4B - OTHER ADJUSTMENTS: VARIOUS EDUCATION EVENTS EXPENSES 41,074. BROADWAY TODAY 44874 10062 34812 969 11306 16263 2689 ARTWALK 28142 12973 15169 639 3232 12328 1 22760 6731 16029 434 2345 2611 5889 95776 29766 66010 2042 16883 18874 20906 58705 7305 CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY 680164610 1309114M9 2006-07-13 23830000 COMMUNITY THEATRE ACQUISITION AND CONSTRUCTION 0 0 0 24755359 476600 23768037 510722 2007 0 0 0 1 0 0 0 0 1 0.00300 0.00300 1 0 1 0 NA 1 TRANSAMERICA LIFE INSURANCE 1.380000000000 1 1 0 JOAN SEPPALA MEMBER OF THE BOARD 25594 "THE INDEPENDENT", A NEWSPAPER OWNED BY JOAN SEPPALA (PRESIDENT) PROVIDED $25,594 WORTH OF NEWSPAPER ADVERTISEMENTS. 0 X 695 FMV X 1 4899 FMV X 1 660789 FMV X 1 553 FMV X AUCTION ITEMS 39 6049 COST X EVENT SUPPLIES 45 19260 FMV 0 0 1 0 FORM 990, PART VI, SECTION A, LINE 2 JOSEPH MADDEN AND MICHAEL MADDEN, BOTH BOARD MEMBERS, ARE BROTHERS. FORM 990, PART VI, SECTION A, LINE 3 THE CENTER CONTRACTED WITH MANAGEMENT CONSULTANTS FOR THE ARTS, INC. (MCA) TO PROVIDE MANAGEMENT SERVICES TO THE ORGANIZATION. LEN ALEXANDER, WHO IS AN EMPLOYEE OF MCA WORKS AS EXECUTIVE DIRECTOR FOR THE CENTER. IN TURN, THE CENTER PAYS MCA AN ANNUAL FEE FOR SERVICE PROVIDED. TOTAL FEES PAID FOR YEAR 2010 WERE $143,523. FORM 990, PART VI, SECTION B, LINE 11 FORM 990 IS PREPARED BY THE ORGANIZATION'S AUDIT FIRM AND STAFF, REVIEWED BY THE BOARD FINANCE COMMITTEE AND APPROVED BY THE BOARD OF DIRECTORS PRIOR TO SUBMISSION TO THE INTERNAL REVENUE SERVICE. FORM 990, PART VI, SECTION B, LINE 12C EACH DIRECTOR AND OFFICER ANNUALLY SIGNS A STATEMENT THAT AFFIRMS THAT THEY HAVE RECEIVED A COPY OF THE ORGANIZATION'S CONFLICT OF INTEREST POLICY, HAS READ AND UNDERSTAND THE POLICY AND WILL COMPLY WITH IT. THE ORGANIZATION'S EXECUTIVE DIRECTOR MONITORS THE ORGANIZATION'S ACTIVITIES AND TRANSACTIONS THAT COME BEFORE THE BOARD FOR ANY POTENTIAL CONFLICT OF INTEREST IN ORDER TO ENSURE COMPLIANCE WITH EXISTING POLICIES. FORM 990, PART VI, SECTION B, LINE 15 THE PROCESS FOR DETERMINING COMPENSATION OF THE ORGANIZATION'S CEO, EXECUTIVE DIRECTOR OR TOP MANAGEMENT OFFICIALS INCLUDES COMPARABILITY DATA AND OUTSIDE RESEARCH. THE COMPENSATION IS APPROVED BY THE BOARD. FORM 990, PART VI, SECTION C, LINE 19 LVPAC MAKES ITS GOVERNMENT DOCUMENTS, CONFLICT OF INTEREST POLICY AND FINANCIAL STATEMENTS AVAILABLE TO THE PUBLIC BY THEIR MAKING A REQUEST TO THE LVPAC ADMINISTRATIVE OFFICE. COMPENSATION OF INDEPENDENT CONTRACTOR - LEGAL SERVICE FORM 990 PART VII SECTION B & PART IX LINE 11B THE COMPENSATION REPORTED ON FORM 990 PART VII SECTION B COLUMN (C) FOR CARR MCCLELLAN INGERSOLL THOMPSON & HORN (LEGAL SERVICE) WAS ON CASH BASIS. ON THE OTHER HAND, FORM 990 PART IX LINE 11B LEGAL EXPENSE WAS ON ACCURAL BASIS. PURPOSE OF BOND ISSUANCE FORM 990, SCHEDULE K, PART I, COLUMN F: THE LIVERMORE VALLEY PERFORMING ARTS CENTER (LVPAC) WAS FORMED TO PROVIDE TWO THEATRICAL VENUES FOR COMMUNITY USE. THE 500-SEAT BANKHEAD THEATER WAS COMPLETED IN 2007. LVPAC'S MISSION WAS SPECIFICALLY DESCRIBED IN ITS TAX EXEMPT PURPOSES FILING AS "SUPPORTING TRI-VALLEY NONPROFIT PERFORMING ARTS GROUPS AND BE AVAILABLE TO SCHOOLS AND COLLEGES, GOVERNMENT LABORATORIES AND BUSINESSES FOR CULTURAL AND EDUCATIONAL ACTIVITIES." TO THAT END, LVPAC RENTS THE BANKHEAD THEATER TO A WIDE RANGE OF USER GROUPS ON A SHORT TERM BASIS IN FURTHERANCE OF ITS MISSION.