Dbq Thunderbirds Rental AgreeCITY OF DUBUQUE, IOWA
MEMORANDUM
June 14, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Rental Agreement with the Dubuque Thunderbirds
Leisure Services Manager Gil Spence is recommending execution of a rental
agreement with the Dubuque Thunderbirds.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gil Spence, Leisure Services Manager
CiTY OF DUBUQUE, IOWA
MEMORANDUM
June 12, 2001
TO: Michael C. Van Milligen, City Manager
FROM: Gil D..Spence, Leisure Services Manager
SUBJECT: Rental Agreement with the Dubuque Thunderbirds
INTRODUCTION
The purpose of this memorandum is to recommend that the City Council approve the
rental agreement between the Five Flags Center and Dubuque Hockey, Inc. (Dubuque
Thunderbirds).
DISCUSSION
Center staff and representatives of the Dubuque Thunderbirds have completed
discussions on a rental agreement for the 2001 - 2002 hockey season and agree on the
attached document. A few changes agreed to include:
The team will utilize a room in the Center for their office.
Team will sell their own tickets and provide cashiers on game days.
Game fee was lowered from $750 to $600 per game. They will have 21 regular
season games and hope to schedule up to 9 exhibition games.
Team is given 60 days (normal is 30) to pay their bill.
Greater leeway is given the team in operation of the Booster Club room.
Team does not have to pay the normal 15% of gross revenue from dashier board
advertisement.
Code requires City Council approval of any rental agreement over five days.
ACTION STEP
The action requested is that the City Council approve the attached rental agreement
and authorize the City Manager to sign it.
GDS:et
attachment
RENTAL AGREEMENT
PARTIES: / ~
THIS AGREEMENT, made this 6 day of June, 2001, between the DUBUQUE FIVE FLAGS
CENTER, a department of the City of Dubuque, hereinafter called "CENTER" and
DUBUQUE HOCKEY, INC. DBA: DUBUQUE THUNDERBIRDS
Lease No.
, between the DUBUQUE FIVE FLAGS
Address ' 405 MAIN STREET
City DUBUQUE State IOWA Zip 52001
hereinafter called "TENANT".
SPACE AND PURPOSE
CENTER grants TENANT permission to use the herein named portions of the Dubuque Five Flags Center
for the pedod and purposes herein set forth.
4.
5.
6.
The space known as Satellite Ticket Office for TENANT offices for a period commencing June 4,
2001, and ending April 30, 2002. Office available for TENANT ticket sales during CENTER regular
office hours, Monday through Fdday, 9:00 a.m. - 5:30 p.m. CENTER reserves the right to limit use
due to other event needs.
Use of locker rooms #2 and #3 for the period of August 20, 2001 until ice is removed; subject to the
need for locker room space by CENTER. Use of locker room #1 for visiting team, available one and
one-half hours prior to game time. Locker boxes will be removed at CENTER's request when needed
for other event use.
Five Flags Arena with ice dnk for practice of hockey, according to the attached schedule, subject to
availability. May be pre-empted for other events with a minimum of seven days notice.
Five Flags Arena with ice dnk and seating for 2,457 persons for hockey games, according to the
attached schedule.
One-half of the storage area across from locker room #2 for TENANT storage use.
East press box is available for TENANT'S use, for promotional activities pending approval by
CENTER. TENANT would be responsible for monitoring this usage. TENANT responsible for
installation and payment of phone lines if press box is used for broadcast.
Northwest dressing room for use by game officials.
TENANT, at its sole expense, may display the team logo and team sponsors on the ice surface and
north wall in the area designated by the CENTER. CENTER to hang free of charge. Material, size,
content, and method of hanging signage to be approved by CENTER.
West press boxwill be made available for use by TENANT for promotional activities pending approval
by CENTER. TENANT responsible for monitoring usage, if west press box is used for broadcast,
TENANT is responsible for installation and payment of phone lines. West press box will be made
available for use of organ by one person designated by TENANT, as long as organist is a volunteer
or paid by the Thunderbirds. If organ is used, west press box would not be available for broadcast
purposes or promotional actMties.
CENTER POLICIES
TENANT must abide by all CENTER policies, including No Tobacco Use Policy. Persons violating this policy
will be ejected from the building after one warning. CENTER shall provide TENANT its written policies
simultaneouslywith execution of the lease agreement. Some policies may be inadvertently omitted, but these
and any new policies developed will be in effect as TENANT is made aware of them.
Dubuque Hockey, Inc.
Lease No.
Page 2
TICKET OFFICE
Ticket cashiers will be provided by TENANT with CENTER providing portable ticket booth from which one
ticket seller will sell tickets at Locust Street entrance. Portable ticket booth available to TENANT at 4:00 p.m.
on game days. In addition, there will be one additional ticket cashier at the Locust Street entrance until the
beginning of first period or until crowd is disbursed. There will be an additional ticket cashier at Main Street
entrance to sell general admission tickets with a ticket runner provided by TENANT to take care of will call
tickets being held at Locust Street entrance. One ticket cashier will remain on duty until the beginning of the
third pedod at both entrances. People entering after the beginning of the third period shall be admitted free
of charge.
TENANT may sell tickets from Locust Street porch Saturday and Sunday of game days dudng regular ticket
office hours, Noon - 5:30 p.m. CENTER will provide table and chairs.
Ticket takers will be provided at both entrances by the CENTER. All drop ticket will be turned over to
TENANT immediately following the game after the attendance count has been taken by the CENTER.
TENANT shall reimburse CENTER for actual cost of pdnting tickets if this service is provided by CENTER.
FEE TERMS
TENANT agrees to pay CENTER a fee of $600.00 per game for a minimum of 21 regular season games
and $600.00 for each additional game over that amount. TENANT agrees to pay CENTER $85.00 for each
hour of practice ice. CENTER agrees to provide TENANT up to 150 hours of ice practice.
Office space
Storage space in gate E and across
from locker room
Use of press boxes
Thunderbirds refrigerator in locker room
Thunderbirds team boxes in locker room
no charge
no charge
no charge
no charge
no charge
DEPOSIT
TENANT shall pay to CENTER, pdor to September 20, 2001, the sum of $1,260.00 as a deposit for all dates
reserved for games. CENTER shall credit deposit toward the usage fee at end of payment schedule. In the
event that a game is not held as scheduled, TENANT will forfeit the deposit for that game $60.00 as
liquidated damages.
PAYMENT OF USAGE FEES
TENANT shall pay the CENTER within sixty days of the end of each month for fees incurred as based on the
payment scheduled detailed under "Fee Terms". CENTER will bill TENANT at the end of each month. Sixty
day payment schedule may be renegotiated for any future contract with TENANT.
CENTER agrees to pay TENANT a one dollar per ticket for every ticket Sold in access of 1,000 tickets per
game for number of games covered in this contract.
Dubuque Hockey, Inc.
Lease No.
Page 3
APPROVAL OF CONTRACT
It is agreed that this contract will not be enforced until it has been approved by the Civic Center Commission
and City Council, and signed by TENANT and City.
EVENTS BEYOND PARTIES' CONTROL (Force Majeure)
FORCE MAJOR TOTAL: In the event that either or both parties are totally prevented from completion of
obligations under the Agreement as a result of acts of God, civil tumult, war, riot, governmental restrictions,
or other conditions beyond the legitimate control of CENTER and/or TENANT, both parties shall then be
relieved respectively of their obligations hereunder and there shall be no claim for damages by either party
against the other.
OBLIGATION TO ADAPT TO CIRCUMSTANCES: It is also further understood and agreed that both parties
shall make "best efforts" to overcome and adapt to any and all circumstances described in this article, in order
to meet the obligations of the engagement in any way possible, given the circumstances.
The term "Force Majeure" as used in this section shall include all fire, earthquake, flood, tornado, act of God,
stdke or other labor disturbance beyond the reasonable control of CENTER, civil commotion, failure of power,
machinery or equipment malfunction, or any other matter of situation of a like nature. Force Majeure shall
not be interpreted to mean an act or omission by TENANT'S opposing team, but CENTER will use its best
efforts to reduce or eliminate costs or expenses incurred as a result of the failure to play any scheduled
game.
The parties agree that they will use and continue to use their best efforts to remove, change, correct, repair,
et cetera, the condition of Force Majeure preventing performance hereunder, in order to make performance
under this Agreement once again possible.
CONCESSIONS
CENTER shall retain control and operation of all concession stands, providing food and beverage services.
Final decisions on product selection and pdcing shall be at CENTER'S sole discretion.
Programs and novelties may be offered for sale by TENANT, on game dates, in the leased space during the
period of this agreement, with written approval from the CENTER in advance. CENTER shall designate
stand locations for merchandising such items. The normal fee for the sale of such items, thirty percent of
gross sales, shall be waived by the CENTER.
Any promotional activities conducted in the building must be approved by CENTER, pdor to the start of the
season, or, seven days pdor to a game.
SCHEDULE OF USAGE
CENTER shall provide TENANT access to arena ice dnk for games and/or practices on a minimum of 110
days in the period beginning October 1, 2001, and ending March 21, 2002, if ice is available.
CENTER will begin the ice making process on September 23, 2001. TENANT is encouraged to view the ice
making process to be kept abreast of the progress and ask any questions they may have or note any difficult
weather conditions that would cause process to be halted.
CENTER shall not interrupt the TENANT'S practice ice usage for longer than a six-day pedod. CENTER has
an option to extend this six-day pedod with a $500 compensation per day to TENANT, excluding away games
for TENANT that occur within this pedod.
The schedule of TENANT'S games shall not be changed without the mutual consent of both TENANT and
CENTER, or as allowed in this agreement. Such consent shall not be unreasonably withheld.
Dubuque Hockey, inc.
Lease No.
Page 4
In the event the performance of TENANT's scheduled game is prevented, due to hazardous weather
conditions, CENTER shall make every effort to reschedule the game, subject to the availability of dates in the
CENTER. Should it be deemed impossible by both CENTER and TENANT to reschedule the game, the
CENTER shall refund TENANT'S $60.00 deposit for that game.
CENTER retains the dght to alter the TENANT's practice schedule. TENANT and CENTER shall submit
wdtten notice of any change in practice schedule to the other seven days in advance of the change, all
changes subject to a';,ailability of CENTER dates.
Practice ice time for 2001-2002 season will include regular practices scheduled between 2:15 p.m. and 4:15
p.m., Monday through Friday, game day practices and any other use the Thunderbirds schedule through the
Civic Center office. All ice usage is subject to the availability of the ice sheet and may be pre-empted by
another event.
Before utilizing the building for any Thunderbirds activity, i.e., player meetings, photo sessions, equipment
distribution, et cetera, TENANT shall schedule such usage with Civic Center Manager to make sure other
events are not scheduled.
ADDITIONAL USAGES FOR PLAYOFFS
Should the TENANT qualify for the M.J.H.L. playoffs, CENTER agrees to maintain the ice sheet and offer it
to TENANT, subject to the availability of dates for TENANT practices and playoff games for a minimum of
fifteen (15) days dudng the period beginning March 21,2002 and ending Apd114, 2002. The CENTER shall
not be required to maintain the ice sheet past the date the TENANT is eliminated from the MJ.H.L. playoffs.
Usages in this pedod shall be subject to all rates, conditions, and requirements set forth in this Agreement.
Ice of sufficient quality to allow a game cannot be guaranteed after the end of March. TENANT would have
to determine if they want to take the chance of an adequate ice surface. CENTER will not be held
responsible for ice quality.
TENANT ACCESS
TENANT shall have access toarenaice dnk dudngthe houm specified in the affached practice and game
schedules.
TENANT shall also have access to office and locker rooms designated for TENANT'S use:
1. In pedods dudng which the Civic Center's promenade is open to the public.
In pedod commencing thirty minutes pdor to scheduled usages when the promenade is not open to
the public.
In periods when games are scheduled on Saturday and/or Sunday, when the promenade is closed
to the public, access will be provided to selected Thunderbirds personnel at 4:30 pm on Saturday
(7:00 pm) evening games and 3:00 pm for Sunday (5:30 pm) evening games to facilitate setup of
novelty stands. Gate C will be unlocked at that time.
CENTER shall keep open the tunnel between the Five Flags Center and the Holiday Inn one hour
before game time and 45 minutes after game is concluded. TENANT agrees to provide adequate
secudty during the hours the tunnel is open for TENANT events. Special openings of the tunnel may
be requested by the TENANT within reason, such requests shall not be denied by CENTER as long
as TENANT agrees to provide security.
Dubuque Hockey, Inc.
Lease No.
Page 5
CENTER reserves the right to deny TENANT access to designated locker rooms, office, or any parts bf the
Civic Center if TENANT'S use of these spaces constitutes, in the reasonable opinion of the CENTER, a
conflict with another event.
TENANT shall be responsible for restricting its staff, players, and volunteers to the space authorized by this
Agreement. Continued failure on the part of the TENANT to exercise this control may result in additional
charges to TENANT for CENTER'S labor expenses of a staff person to monitor TENANT's usage.
STAFFING
All doors shall open for games one hour pdor to game time and close to the public forty-five minutes following
completion of game. CENTER will guarantee all other ice usage to end one hour and thirty minutes pdor to
their scheduled game time.
The number of personnel shall be fixed by decision of CENTER and TENANT, except that CENTER shall
have discretion to determine staffing levels related to security and patron safety.
For TENANT'S scheduled games, CENTER shall provide the following staff for agreed money of $450.00 per
game:
one house manager
three ushers
one technical assistant
two T-shirt secudty
one police officer
Any additional services (such as followspots, special lighting, etc.) shall be billed as extra costs over
agreed fee.
Any additional staffing (such as followspot operators, security, etc.) shall be billed as extra costs over
agreed fee.
In addition, TENANT shall provide the following volunteer staff to supplement that provided by CENTER:
ten ushers (includes staffing for gates B, D, and F)
two aides for Zamboni operator
scorekeeper, announcer, et cetera, as TENANT needs
medical personnel (doctor or EMTs) -- available to public
one person to staff skaters' entrance
TENANT shall provide the names of the above mentioned ushers, and Zamboni aides to CENTER no less
than one week pdor to each game. Each person supplied by TENANT shall adhere to the MJ.H.L.'s
Intoxicants Policy forbidding consumption of drugs and alcohol,
For TENANT'S scheduled games, CENTER shall provide, at no cost to TENANT, the following staff:
one maintenance worker
one Zamboni operator
Dubuque Hockey, Inc.
Lease No.
Page 6
RESERVATION OF GAME"DATES
TENANT may reserve playing dates through the Civic Center Manager under the following terms and
conditions:
· Twenty-one regular season and play-off dates plus exhibition may be reserved.
If another user group requests any of these dates; twenty of the regular season dates will be held with
no deposit required. For the remaining dates, including play-offs and exhibition, a $60.00 deposit will
be made to secure the date. Any of these dates, secured with deposit, that are not used, TENANT
will forfeit the $60.00 for that specific date.
· All dates reserved for the playoffs will be held according to the normal booking procedure.
NOTE: This section applies to dates in out years, beyond what is covered by the contract.
INSURANCE SCHEDULE
Insurance coverage shall be not less than the following, or greater if required by law:
Workers' compensation
Statutory
Employer's liability
bodily injury by accident
each accident
bodily injury by disease
each employee
policy limit
$100,000
100,000
500,000
Public liability/general liability
bodily injury/property damage
each occurrence
general aggregate
products completed
operations aggregate
personal injury aggregate
$1,000,000
1,000,000
1,000,000
1,000,000
Coverage is to include:
Occurrence form
Commercial/general liability insuring agreement'
Premise/operations coverage
Products/completed operations
Independent contractors coverage
Contractual liability protection for risks assumed in this agreement
Broad form property damage
Personal injury includes
hazards A-C
removal of employment exclusion
automobile
bodily injury/property damage
each accident
$1,000,000
umbrella liability 2,000,000
Dubuque Hockey, Inc.
Lease No.
Page 7
INDEMNIFICATION
TENANT shall defend, indemnify and hold harmless CENTER, its officers, agents and employees from and
against all claims, damages, liabilities and expenses (including costs and attorney's fees) arising from bodily
injury, personal injury, including death at any time resulting therefrom, sustained by any person or persons
or on account of damage to property, including loss of use thereof, adsing out of or in consequence of
TENANT'S performance of this Agreement, provided such injudes to persons or damage to property are due
to the negligent or intentional acts or omissions of TENANT, its officers, employees or agents. The
provisions under this paragraph, however, shall only apply in proportion to and to the extent of such negligent
or intentional acts or omissions.
CENTER shall defend, indemnify and hold harmless TENANT, its officers, agents and employees from and
against all claims, damages, liabilities and expenses (including costs and attorney's fees) adsing from bodily
injury, personal injury, including death at any time resulting therefrom, sustained by any person or persons
or on account of damage to property, including loss of use thereof, arising out of or in consequence of (i)
TENANT'S performance of the Agreement, provided such injudes to persons or damage to property are due
to the negligent or intentional acts or omissions of CENTER, its officers, employees or agents or (ii) operation
of the Arena, including without limitation the fixtures, entrances, exits, sidewalks and approaches of the
Arena. The provisions under clause (i) of this paragraph, however, shall only apply in proportion to and to
the extent of such negligent or intentional acts or omissions.
INSURANCE
The TENANT agrees to provide, at its own expense, a public liability insurance policy in a company which is
acceptable to the CENTER and which is licensed to do business in the State of Iowa, in amounts not less
than amounts indicated Jn the attached schedule. Such policy is to contain a provision that the CENTER will
be notified at least thirty (30) days pdor to any cancellation or material change therein.
The TENANT shall have such insurance amended to include the CENTER as an additional insured, and
provide certification of this insurance coverage by September 12, 2000. Ice usage will not be allowed until
this certificate is received and accepted by CENTER.
WORKERS' COMPENSATION
To the extent that TENANT's business is Such as to place any or all of its employees under the coverage of
Workers' Compensation or similar statutes, TENANT will maintain dudng the time TENANT occupies the
premises and throughout the term, Workers' Compensation or similar insurance affording the coverage and
limits required by statute. Upon CENTER'S request, TENANT shall provide CENTER with evidence of such
coverage.
ADDITIONAL ITEMS
Blood borne pathogens. TENANT shall be responsible for removal of sharps, towels, rags, or any
article bearing any body fluids relating to its presence in the building, including those related items
belonging to the opposing team.
Dama,qe to building. All damage to the building, structure, premises, and its appurtenances caused
by TENANT, its employees, agents, players, or visiting team players and staff shall be paid by
TENANT at the actual cost of repairs.
CENTER staff and commission members engaged in the operation and maintenance of the building
shall have free access to the premises.
CENTER reserves the right to deny access to the premises to any person or eject any person
admitted to the premises.
Dubuque Hockey, Inc.
Lease No.
Page 8
1'2.
11.
13.
14.
Marquee. CENTER shall include the upcoming games on marquee program.
TENANT may place team boxes in locker room #2 and refrigerator and storage in locker room #3, but
they will be removed at the request of the CENTER if requested by another user.
Championship banners may be hung in the arena in the area designated by the CENTER.
Should TENANT desire access to the CENTER'S telephone system all actual costs of the usage must
be paid by TENANT.
TENANT shall designate areas where non-suited players from both teams may sit during games.
Orpheum Room. The Orpheum will be provided free of charge for the TENANT dudng scheduled
games to use as a booster room and TENANT shall be allowed to serve food items, such items should
not be in direct competition with the concession stand and will not be removed from the room.
CENTER shall provide bar service.
Majestic Room. The Majestic Room shall not be available to sponsors of the Thunderbirds as a
hospitality room, except by pdor arrangement and payment to CENTER. Room rental, $75.00 per
day. CENTER shall provide catering, if an outside caterer is used a 10% catedng fee will be paid to
the CENTER by caterer.
Advertising. CENTER shall make dasher boards available on which TENANT may have exclusive
rights to sell advertising with approval by CENTER. TENANT shall pay all costs associated with said
advertising.
No more than 3,000 tickets per game may be pdnted or distributed by TENANT or any game sponsor.
TENANT shall have the dght to provide food and beverages to players of both teams and on and off
ice officials as defined in league rules. TENANT will assist in clean up. If TENANT decides to use
CENTER for these items, they will be charged backto TENANT at CENTER's cost as additiona bng
at the end of the season.
15. Any fees owed to Broadcast Music, Inc. for use of music played during games to be paid by TENANT~
FOR: DUBUQUE FIVE FLAGS CENTER
By
Title
Date
FOR: DUBUQUE HOCKEY, INC.
/s/ /s/ Randy Lund
Title: President
Date 6/6/01