Basketball League Contract Five Flags
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MEMORANDUM
February 16, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Contract with the All-America Professional Basketball League for Use of
the Five Flags Center
Leisure Services Manager Gil Spence is recommending approval of an agreement with
the All-America Professional Basketball League for a professional basketball team to
begin play in late 2005 at the Five Flags Center.
The Five Flags Management firm, SMG, has negotiated this agreement, including a
$50,000 bonded minimum revenue guarantee to the City. With rentals, concessions
and a ticket surcharge, revenues could reach $90,151. Net of lost revenues from the
other users and the 50% payment to SMG, the City would see a property tax support
reduction ranging from $13,744 to $33,819.
The Five Flags Commission has given approval to this concept and will be considering
the agreement at their February 21, 2005 meeting.
There will be an impact on ice users by reducing the number of hours available for ice
time.
Professional basketball will offer another entertainment option to Dubuque citizens,
bring more business to downtown Dubuque and reduce the needed property tax
subsidy for the operation of Five Flags.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
,llite {I '<iAl{(
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
GiI D. Spence, Leisure Services Manager
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TO: Michael C. Van Milligen, City Manager
MEMORANDUM
February 15, 2005
FROM: GiI D. Spence, Leisure Services Manager
SUBJECT: Contract with the All-America Professional Basketball League
for Use of the Five Flags Center
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the contract
with the All-America Professional Basketball League to use the Five Flags Center.
BACKGROUND
SMG has been discussing the possibility of Dubuque being one of ten cities to host
teams in the All-America Professional Basketball League with league organizer Worth
Christie, from Casper, Wyoming. The cities that will be hosting teams include:
CITY
Wichita, Kansas
Lincoln, Nebraska
Cedar Rapids, Iowa
Pueblo, Colorado
Billings, Montana
Dubuque, Iowa
Great Falls, Montana
Casper, Wyoming
Butte, Montana
Mankato, Minnesota
continued
POPULATION
344,284
225,000
120,758
102,121
89,847
57,686
56,690
46,742
34,606
32,427
All-America Basketball League
page two
Mr. Christie met with the Civic Center Advisory Commission on January 17, 2005 to
discuss the league and how Dubuque could fit into his overall plan for the league. The
commission voted 4 to 1 at that meeting for Interim General Manager Les Crooks to
proceed with contract discussions with Mr. Christie, if Dubuque would be selected for a
team. At that time, Mr. Christie had nine cities committed and two others in final
discussions. For Dubuque to host a team, either both those cities needed to get in or
both get out. Both cities have elected not to host a team, so Dubuque has been
selected.
To begin with, Mr. Christie will operate each team in the league himself. After a couple
of years of operation and the teams doing well financially, Mr. Christie would hope to
sell the franchise to local ownership.
The City of Dubuque Code of Ordinances requires any contract longer than five days to
be approved by the City Council. The Civic Center Advisory Commission will discuss
the contract at their meeting on February 21 st and their recommendation to the City
Council will be given verbally at the City Council meeting.
DISCUSSION
Attached is a copy of the proposed contract SMG would like the City Council to
approve. There is the Standard Contract use for all events at the Center and the
addendum that includes all the points that pertain to the league. The main points of the
contract are as follows:
. 31 home dates, not including playoff dates
. The regular season runs mid-November through mid-March.
. game fees
./ single game with 1 - 1,500 spectators $4,000
./ single game with 1,501 - 2,500 spectators $4,200
./ single game with 2,501 plus spectators $4,500
./ A $1,700 consecutive game discount per game would lower the base game
fee to $2,300 per game.
. The facility fee of $1.00 per ticket will be charged.
. Team will pay 3.25% of all credit card sales.
· Minimum net revenue to the Center for the thirty-one home dates is $55,000, not
including facility fees or concessions.
· If average attendance is 650 people per game, concession gross revenue is
estimated to be $50,000.
· The team will provide a performance bond to the City guaranteeing $50,000 in
revenue.
continued
All-America Basketball League
page three
The presence of this basketball league will have an impact on the ice user groups.
Over the past few years, as non-ice events have decreased, the number of ice rentals
has increased. This raised the expectations of the user groups for the number of ice
rental hours that will be available. User groups will need to schedule more usage during
non-primetime hours. The Thunderbirds will receive preferred scheduling for game
dates. If SMG is to create more use of the Center and decrease the property tax, the
increased event load will impact present user groups.
SMG staff has researched the impact on ice user groups and the following shows what
that impact will be:
USER GROUP REDUCED HOURS USED PERCENTAGE
HOURS LAST YEAR REDUCTION
High school hockey 17 hours 103 hours 16.5%
Youth hockey 119 hours 347 hours 34.3%
Over 30 hockey 15 hours 64.5 hours 23.3%
Adult hockey 9 hours 27.5 hours 32.7%
Fossils hockey 7 hours 30 hours 23.3%
Loras hockey 4 hours 13.5 hours 29.6%
Miscellaneous users 21 hours 34.75 hours 60.4%
Thunderbirds practice 19 hours 158 hours 12.0%
UW-Platteville hockey o hours 9 hours 0%
The ice schedule is fairly tight so only a few of these hours will be able to be made up
on other days without using real early or real late times. Where there are holes in the
schedule, there are valid reasons why Youth Hockey is not able to use those times. Of
Youth Hockey's 11 9-hour reduction, 40 of these hours will come on four Saturdays.
The net revenue loss from this reduction of ice rental is $22,513. The net revenue gain
from the basketball league is estimated to be $90,150. This is based on the minimum
rental fee of $55,000, facility fee of $20,150, and net concession revenue of $15,000.
This estimate is based on average attendance of 650 spectators per game and
concession sales of $2.50 per person. These estimates result in a net revenue increase
of $67,637 with the basketball league in the building.
RECOMMENDATION
SMG recommends the City Council approve the attached contract with the All-America
Professional Basketball League for use of the Five Flags Center. I support that
recommendation.
ACTION STEP
The action requested is that the City Council approve the usage agreement with the AII-
America Professional Basketball League.
GDS:et
attachment
F~
Five Flags center
405 Main street
Dubuque, IA 52001
(563) 589-4254
License Agreement # 3205-097
Private Management
For Public Facilities
PARTIES
<SMCD
This use License Agreement (together with the Exhibits atlached hereto, the "Agreement" is dated as of February 17, 2005, by and
between SMG, a Pennsylvania general partnership, with an address at 701 Market Street, 4th Floor, Philadelphia, PA 19106. ("SMG")
and the ALL-AMERICAN PROFESSIONAL BASKETBALL LEAGUE (AAPBL) (NAME OF LICENSEE) whose current address is:
P.O. BOX 2, CASPER, WY 82602 (the "Licensee"). Atlention: WORTH CHRISTIE (hereinafter "Custome~') for the purpose of
presenting:
PURPOSE
2005-2006 AAPBL BASKETBALL SEASON
PREMISES
The premises subject to this agreement is defined to include only that portion of the Five Flags Center described below on the date(s)
listed, and reasonable use of the walkways, lots and appurtenances adjoining thereto including the Arena and assigned locker rooms:
TERM
For the period beainnina at: SEE ADDENDUM
FEES. CHARGES & PAYMENTS
Room
Customer shall pay to SMGIFFC by certified check a rental fee of Billina for:
No. of Davs
Dates
Fee Dar Dav
Puroose
TOTAL
Facilitv Total
SEE ADDENDUM
Customer shall be responsible for all contracts, other obligations and expenditures made in connection with its use of the Premises,
except as expressly hereinafter set forth, including but not limited to:
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DEPOSIT
advertising, publicity and printing services, including the cost of all media placement;
food, beverage and other refreshments:
performers expenses, including travel, entertainment and lodging;
telephone service:
all fees and licenses;
special badges, passes, signs:
soap and towels;
special decorations, bunting, flags, etc.
duplicating and fax services:
any applicable taxes;
first aid:
police and security;
insurance;
special furnishings, decor or equipment;
any additional sound or lighting required to supplement the facilities in-house systems.
Upon execution of this license agreement, Customer agrees to deposit with SMG the sum of $ 3,100.00.
Customer also agrees that SMG may, at its sole discretion, require further deposits to be made to guarantee payment of all sums due
SMG under this license agreement. Subsequent deposits may be required to ensure full payment of rental fees prior to event move-in.
The schedule of additional deposits is:
Amount: $3,100.00
Due Date: APRIL 30, 2005
Customer further agrees that any deposit is non-refundable and shall be retained by SMG in the event of cancellation or default of
Customer to perform under the terms and conditions of this agreement and that the deposit sum shall be applied by SMG to any
damages it incurs by reason of Customer's cancellation or default. The deposit shall also be applied to the final amount owing from
Customer to SMG. SMG may release dates if the deposit fee is not received.
Page 1 of 5
STANDARD TERMS AND CONDITIONS
SETTLEMENT
Setllement of all fees as per this license agreement will be finalized at the conclusion of each event. SMG/FFC may elect to handle this
setllement at a designated time following the event. Customer agrees to pay SMG in full upon Customer's receipt of billing. Customer
and SMG agree that receipts in the possession of SMG will first be applied to the payment of said billing. Further, Customer agrees
that SMG may withhold from payment to Customer a reasonable sum to be applied toward the payment of charges or building damage
costs in connection with the event, unknown at the time of the event setllement. SMG hereby agrees to forward to Customer all sums
due Customer within a reasonable time after completion of the event. Any balances due SMG which remain unpaid (30) days following
the event by Customer shall be subject to a service charge of 1 1/2% per month on any part thereof on the unpaid balance. It is
expressiy understood and agreed by the parties hereto that no Officer, Director, Employee, Agent, Representative, or Sales Person of
either party hereto, or of the Owner of the facility or any third party, has the authority to make, has made, or will be deemed to have
made, any representation, warranty, covenant, agreement, guarantee, or promise with respect to the financial success or performance,
andlor other success, of the event. Customer hereby acknowledges and agrees that any assessment of the financial success or
performance, and/or other success, of the event is solely that of Customer's own determination and judgment.
RENTAL POLICY
Basic rental rates for Five Flags Center faciiities include:
Meeting Rooms - initial setup of tables, chairs, podium, and energy.
Arena and Theater - rentais require specific maintenance, set-up, energy and janitorial fees in addition to rental fees.
SMG/FFC management reserves the right to charge labor for greater than normal set-up andlor clean up for meeting rooms.
Rental rates do not include staffing and equipment rental.
Customer agrees not to interfere in any way with the ordinary use by others of any portion of the facility not expressly covered by this
agreement. Customer agrees that during the term of this agreement, other events may be scheduled and held in those parts of the
facility not herein leased to Customer.
SMG/Five Flags Center shall not be obligated to perform any term or condition of the agreement in the event of any work stoppage,
refusal to work, strike, lock-out, slow-down, picketing, boycott, or any other concerted activities, whether engaged in by employees or
non-employees of SMG, whether or not the conduct or any part thereof is deemed or held by final order to be reasonable or
unreasonable, lawful or unlawful. SMG shall not be liable to Customer for any failure to perform any of the terms or conditions of the
agreement which is atlributable to any casualty or unforeseen occurrence, act of God, damage to the Premises from any cause or
source, or any cause or circumstance which is beyond SMG's control.
Customer agrees not to discriminate against any employee or applicant for employment on the basis or race, sex, color, age, creed,
national origin, religious belief or handicap and will take affirmative action to insure that applicants are employed and that employees
are treated during employment without discrimination in regard to the foregoing.
CONCESSIONS
All food and beverage served at the Five Flags Center will be prepared, served, andlor supplied by SMG/FFC concessionaire.
The details of the food and beverage service that the concessionaire will provide under this agreement will be confirmed in writing by
FFC. Concessions serving locations and times shall be fixed by SMG/FFC if not mutually agreed upon. Customer shall strictly adhere
to the following:
. Pepsi Bottling Company has retained sole and exclusive association for certain beverage sale, dispensing and advertising
rights. Pepsi products must be purchased through SMG/FFC concessionaire.
. Customer does not share in any concession revenue.
. Customer shall not sell, give away, or authorize the sale or giving away of foods, beverages, flowers, tobacco,
novelties, printed matler or other merchandise on, from, or adjacent to the premises, nor provide special services
to the public, without first having obtained writlen permission from SMG. If such permission is granted:
. All food and beverage sales are subject to state and local sales taxes which SMG or designee is obligated to collect. If
Customer is exempt from any of these taxes, a certificate documenting such fact must be provided to SMG at the time this
license agreement is returned for SMG's signature.
. No alcoholic beverages may be served by anyone other than SMG/FFC concessionaire. Due to State and City law, the
following methods will apply with regard to the sale andlor service of alcoholic beverages within the Five Flags Center
facilities. All proceeds will remain with SMG/FFC.
a) Cash Bar - Cash bars may be made availabie at designated locations within the Five Flags Center at which time
drinks may be sold at existing retail prices. Under this system, bartender fees may be incurred if certain minimum
sales are not achieved by the Customer.
b) Hosted Bar - Hosted bars may be arranged for those atlending Custome~s event. Customer must make all set-
up arrangements through FFC. A fee will be charged per drink, which will include all beverage costs, mixes, glasses,
ice, bartender fee, and handling fees. All alcoholic beverages must be consumed on the premises at the
designated function. The SMG/FFC concessionaire maintains Iowa state laws governing alcoholic sales.
TICKET OFFICE
SMG/FFC requires all Customers to use its TicketMaster system for ticketed events. In addition, all ticketed events will be required to
use reserved seating unless otherwise specified in writing by the SMG/FFC General Manager. SMG shall, at all times, maintain control
and direction of the ticket office, ticket personnel, and ticket sales revenue until settlement.
Page 2 of 5
Ticket office continued
. Outlets: SMG shall have the right to offer tickets at its ticket office and all of its TicketMaster outlets. Customer may request
that ticket sales privileges be extended to additional outlets, but Customer assumes all responsibiiity for collection of funds
from such outlets and will be liable to SMG for all fees for all tickets consigned or sold through such outlet pending SMG/FFC
approval.
. Ordering of tickets: All tickets must be purchased through TicketMaster. A $1.00 facility charge will be collected from each
ticket sold.
. The following ticketing services will be billed at standard rates: credit card discounts for window and telephone sales, special
computer ticketing services applicable to event, ticket printing charge for all tickets printed at SMG's ticket office or outlets.
. Ticket prices: Customer must sell all tickets at the prices as agreed with SMG and any deviations must be approved in writing
by SMG/FFC.
. Complimentary tickets: SMG/FFC shall have 10 complimentary tickets per game. SMG/FFC shall not sell these comp tickets.
Customer agrees to issue complimentary tickets in accordance with good business practice and further agrees not to issue
complimentary tickets in excess of 2% of the manifested capacity without SMG's written permission.
. Returned checks: SMG will exert caution against returned checks from ticket purchasers and will make a reasonable
effort to collect such, but it shall be the obligation of the Customer to reimburse SMG for uncollected funds.
. Records: SMG agrees to keep such records as will reflect the receipts from each performance. SMG shall furnish to
Customer a TicketMaster Audit, Upon request, a complete transcript of ticket sales and such other records, tickets and stubs
as shall be in possession of SMG/FFC for Customer's inspection.
INSURANCE
Customer shall obtain public liability (Commercial General Liability) insurance and name as additional insureds:
SMG, a Pennsylvania Joint Venture Partnership, its partners, agents and employees, and Five Flags Center Authority, an Iowa
Municipal Corporation, its commissioners, officers, agents and employees and the City of Dubuque, its officers and
employees
and keep the insurance effective until Customer's use of the premises is complete, including the removal of equipment and
personnel, at Customer's sole cost and expense to protect such additional insureds from any claims for damages to property, including
SMG's and FFCA's property, and for personal injuries, including death, which may arise from the use of the premises or the acts of
Customer or persons acting on behalf of Customer. Duplicate copies of all insurance policies, certificates of insurance, or binders for
insurance must be furnished by Customer to SMG/FFC with evidence that proper premiums have been paid at least 30 days prior to
Customer occupying any part of the premises. All policies shall be subject to the approval of SMG/FFC in all respects, including but not
limited to identity of insurance company or underwriter. All such policies, certificates or binders shall contain an endorsement providing
that at least 30 days written notice shall be given by the insurance company or underwriter to SMG/FFC prior to any cancellation,
termination or non-issuance of insurance for any cause. All such policies of insurance shall:
. be written with companies that are licensed to conduct business in the State of Iowa, and have at least an A-VII rating in the
most recent A.M. Bests' Manual.
. be endorsed to be primary and not contributory to all valid and collectable poiicies of SMG and FFCA. The amounts of
insurance shall be as follows:
1) Workers' compensation for Customer's employees on premises imposed under the statutory requirements of the State of
Illinois workers' compensation laws.
2) Commercial General Liability Insurance, Occurrence form, including, but not limited to: premises operations;
products/completed operations; contractual liability; independent contractors; broad form property damage; and personal
injury with limits of at least $2,000,000 combined single limit for each occurrence.
3) Automobile liability insurance with a combined single limit of liability of $2,000,000 required if utilizing automobiles, vans or
trucks in or around the facility.
PROOF OF INSURANCE MUST BE RECEIVED 1 (ONE) MONTH PRIOR TO AN EVENT.
INDEMNITY
Customer agrees to indemnify, defend against, and hoid harmless SMG and the Five Flags Center Authority and their
commissioners, officers, directors, employees, representatives and agents, and any of their successors or assigns and the City of
Dubuque, its officers and employees from and against all claims, suits, damages, actions, liabilities, costs and expenses (including
reasonable costs of investigation and attorney's fees) growing out of injury or death of any person(s) or damage to property (including
property of Customer) in or about the premises, ways adjoining and parking lots of the Facility, which arises out of any claimed act or
neglect of Customer, its agents, servants, employees, guests, representatives or person admitted to the premises by virtue of
Customer's use thereof or occurring as a result of the agreement.
COPYRIGHT
Any and all ASCAP. BMI, SESAC or other copyright fees applicable to an event will be the full responsibility of the Customer.
FEES
Payment of the fees will be made by the Customer directly to the applicable copyright agency.
Page 3 of 5
TAXES/ LICENSE FEES
Customer agrees to pay promptly all taxes and license fees and to take out all licenses or permits for use of rental spaces as required
by federal, state, or iocallaws or ordinances, and Customer agrees to provide evidence of same to SMG/Five Flags Center upon
request. Customer also agrees to advise all exhibitors offering goods for sale that applicable sales tax must be filed designated that
such sales were made in the Five Flags Center.
DECORATIONS/ SIGNAGE
Under no circumstances may Customer staple, tape, or affix decorations onto any surface. Any damage to walls, floors, windows,
tables, or other surface or furnishing due to decorations or signage will be corrected at the expense of the Customer. Helium balloons
are not allowed. Any signs on the SMG/FFC Premises must have the approval of the General Manager as to size, number, quality,
content, and location.
EVENT LABOR
The operation of certain technical equipment within the facilities such as sound, lighting, or other stage equipment, as well as move-in,
set-up, tear-down, move-out, rigging and truck unloading/loading responsibilities must be handled by operators and workers designated
by SMG/FFC. Customer will be billed at standard labor rates. Manpower requirements as well as applicable rates may be obtained
from the SMG/FFC.
PUBLIC SERVICES
In most cases Customers are required to have certain public services personnel assigned to their event such as police and peer
security, ushering, first aid service, and switchboard. These requirements will be coordinated in advance between the Customer and
SMG/FFC. The Customer will be billed at standard rates.
SAFETY GUIDELINES
Customer shall use and occupy the Premises in a safe and careful manner and comply with any State, county or governmentai
authority controlling or governing the premises or the operation therein, including but not limited to, all laws, rules, reguiations and
ordinances of the police, fire or other municipal authorities of the City of Dubuque. Customer shall use said Premises solely for the
purposes herein provided and shall not permit the Premises or any part thereof, to be used for any unlawful, indecent, obscene or
immoral attractions, exhibitions, purposes or adult entertainment in any manner so as to injure persons or property. SMG shall have
the right, acting in its sole and exclusive discretion, to cancel this contract if it is not satisfied that Customer's actions will comply with
this provision. If Premises, or any portion thereof, during Customer's use of Premises shall be damaged by the act, default or neglect of
Premises by Customer, or of Custome~s agents, employees, patrons, guests or any person admitted to Premises by Customer,
Customer will pay to SMG/Five Flags Center upon demand such sums as shall be necessary to restore Premises to its prior condition.
Customer hereby assumes full responsibility for the acts and conduct of all persons admitted to Premises or any portions thereof, by the
consent of any person on behalf of Customer.
All floor plans are subject to approval by the SMG/FFC and the City of Dubuque Fire Marshall. Use of public foyers is subject to
SMG/FFC approval. Under no circumstances may fire exits be blocked.
Customer agrees not to bring onto the premises any material, substances, equipment, or object which is likely to endanger the life of, or
cause bodily injury to, any person on the Premises or which is likely to constitute a hazard to property thereon, without the prior
approval of the SMG/Five Flags Center.
Customers must abide by safety guidelines established by the City of Dubuque Fire Marshall. Copies of these guidelines are available
upon request from the SMG/FFC.
Customer shall be solely liable for any and all losses, liabilities, claims, damages and expenses (including reasonable costs of
investigation and attorneys' fees) (collectively, the "Losses") occurring at the Facility (whether within or without the Facility) caused to
SMG, the owner of the Facility, and/or persons and/or property in, on, or near the Facility before, during, or after an event, by any and
all rigging from or to the physical structure of the Facility or any fixture thereto, set-up, alterations, and/or improvements at or to the
Facility necessitated by and/or performed with respect to the Event. Customer shall indemnify, defend, and hold harmless SMG and
the owner of the Facility from any and all Losses arising out of or in connection with rigging from or to the physical structure of the
Facility or any fixture thereto, set-up, alterations, and/or improvements at or to the Facility necessitated by and/or performed with
respect to the Event.
DATE PROTECTION POLICY
It is the policy of the Five Flags Center not to accept space bookings for like or similar public events within 60 days prior to or 45 after
the other like event. It is the intent of the SMG/Five Flags Center to invoke this time separation as a means of insuring the success of
all events held in the facility.
LOST AND FOUND
SMG/Five Flags Center shall have the sole right to collect and have custody of articles left on the Premises by persons attending any
activity held in the Premises, and Customer shall not collect or interfere with the collection or custody of such articles.
MERCHANDISE/ NOVELTIES
SEE ADDENDUM.
STANDARD TERMS
Customer agrees to be bound by and abide by the Standard Terms and Conditions, General Information, and Operating Rules for
Customers of the Five Flags Center as itemized in this agreement. SMG/FFC reserves the right to amend, modify, delete and
supplement these standard terms and conditions in such manner as it determines reasonably necessary for the safe, orderly, proper
and efficient operation of the Premises. SMG/FFC agrees to give reasonable notice in writing to Customer of such revised standard
terms and conditions, which will be binding upon Customer as of their stated effective date as if they were originally incorporated
herein. SMG/FFC, its officers, agents, servants and employees engaged in the operation and maintenance of the premises shall, at all
times, have free access to the premises. SMG/FFC reserves the right to deny access to the premises to any person or eject any
person admitted to the Premises.
Page 4 of 5
AMERICANS WITH DISABILITIES ACT
SMG shall be responsible for ensuring that access into the Facility complies with the Americans With Disabilities Act, as amended
("ADA"). SMG shall also be responsible for ensuring, to the extent possible, that the common areas inside the Facility (i.e. elevator
access, ramp access, restrooms) are accessible to, and usable by, individuals with disabilities. With respect to any Event at the
Facility, Customer recognizes that it is subject to the provisions of Title III of the ADA. Customer represents that it has viewed or
otherwise apprised itself of the access into the Facility, together with the common areas inside, and accepts such access, common
areas, and other conditions of the Facility as adequate for Customer's responsibilities under the ADA. Customer shall be responsible
for ensuring that the Facility complies and continues to comply in all respects with the ADA, including accessibility, usability, and
configuration insofar as Customer modifies, rearranges or sets up in the Facility in order to accommodate Customer's usage. Customer
shall be responsible for any violations of the ADA that arise from Customer's reconfiguration of the seating areas or modification of
other portions of the Facility in order to accommodate Customer's usage. Customer shall be responsible for providing auxiliary aids
and services that are ancillary to its usage and for ensuring that the policies, practices, and procedures it applies in connection with an
Event are in compliance with the ADA.
DEFAULT
Should the Customer default in the performance of any of the terms and conditions of this license, SMG/FFC at its options may
terminate the same. Customer shall be liable for full payment of the rental fees accrued to point of termination and for all reimbursable
expenses. Any deposit made by Customer to SMG/FFC shall be retained by SMG/FFC and considered as liquidation damages.
LICENSE AGREEMENT
Customer shall not assign the license agreement without the prior written consent of SMG.
Unless expressly provided to the contrary, SMG and Customer are independent contractors and this license agreement is not intended
to, and shall not be construed to create any third-party beneficiary, principal/agent, limited or general partnership, joint venture, or other
joint association.
The license agreement contains the entire agreement between the parties and shall be governed by the laws of the State of Iowa. In
the event any provision hereof shall be or is declared invalid, illegal, or unenforceable, either in whole or in part, the validity of any other
provision of the license agreement shall in no way be affected and shall continue in full force and effect. No changes are valid unless
agreed to in writing by SMG.
SMG shall not be liable in any way for any acts and/or omissions of any third party, including, without limitation, any ticket agency used
by SMG in connection with the sale of tickets for any event.
OTHER
SIGNATURE
This agreement must be executed by Customer and returned to SMG with the required deposit no later than ten (10) days from the date
of this agreement. Failure to comply with the terms of this paragraph means that SMG shall be free and may proceed to let the
Premises for other uses, and it shall not be bound by any oral or other agreement to reserve dates for Customer's use. No changes,
alterations, additions or deletions to the printed contents of this agreement shalt be effective without the signature or initials of
each party to the agreement at the location of each change, alteration, addition, or deletion.
SMG/FIVE FLAGS CENTER
CUSTOMER
By:
Les Crooks
By:
Title: Interim General Manaqer
Title:
Date:
Date
Page 5 of 5
All-American Professional Basketball League
Lease No.
Page 2
ADDENDUM TO STANDARD SMG RENTAL AGREEMENT
Lease No.
PARTIES:
THIS AGREEMENT, made this_ day of ,2004, between the DUBUQUE FIVE FLAGS CENTER, a facility
owned the City of Dubuque, hereinafter called "CENTER" and
ALL-AMERICAN PROFESSIONAL BASKETBALL LEAGUE
Address P.O. BOX 2
City CASPER
hereinafter called "TENANT".
State WYOMING
Zip 82602
SPACE AND PURPOSE
CENTER grants TENANT permission to use the herein named portions of the Dubuque Five Flags Center
for the period and purposes herein set forth.
1. Use of locker rooms #1, #3 and #4 on game days for the period of November 1, 2005 until
TENANT'S season is completed; 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.
2. Five Flags Arena with basketball court for practice of basketball on scheduled game days. May be
pre-empted for other events with a minimum of seven days notice. Other times as available to be
scheduled with CENTER.
3. Five Flags Arena with basketball court and seating for 4,396 persons for basketball games,
according to the attached schedule (PROVIDED UPON COMPLETION BY THE LEAGUE OFFICE).
4. South Press Box is available for TENANT'S use. TENANT would be responsible for monitoring this
usage. TENANT responsible for installation and payment of phone lines if press box is used for
broadcast.
5. TENANT, at its sole expense, may display the team logo and team sponsors on the basketball
surface (Five Flags logo will be included) and in front of the scorers' table in the area designated by
the CENTER. Material, size, content, and method of installing signage to be approved by
CENTER. CENTER must approve layout of on-court logo/advertisements prior to tenant entering
into any sales agreement. CENTER must approve all other advertising displays, prior to any and all
sponsorShip sales agreements. Should CENTER sell any available inventory for TENANT,
CENTER is entitled to 50% of the advertising revenues generated.
CENTER POLICIES
TENANT must abide by all CENTER policies. TENANT will be provided with all facility policies as a
separate attachment to this contract. TENANT will provide all associate members of TENANT organization
(Thunderbird Booster Club, Players, Coaches, etc...) with copies of Center Policies. Persons violating the
No Smoking Policy will be ejected from the building after one warning. A "No Re-admittance" policy will be
enforced. If TENANT chooses to allow patrons to leave the building to smoke during TENANT events, a
smoking area will be designated outside of the building on Locust St. Five Flags will provide staff to
monitor smoking area, and staffing costs will be charged to the TENANT over and above the staffing fee for
games.
A "No Carry-in" Policy relating to food and beverage will be strictly enforced. Security staff will perform pat
down and visual searches at patron entrances when deemed necessary.
CENTER shall provide TENANT its written policies simultaneously with 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.
TICKET OFFICE
CENTER, utilizing the Ticketmaster system, will operate as the sole ticket agent for TENANT. CENTER will
maintain a box office on Locust Street that will operate Monday through Friday from 10am to 5pm on non-
All-American Professional Basketball League
Lease No.
Page 3
game days and until the end of the first quarter on game nights. On weekend game days, the CENTER'S
box office will open at 12pm until the close of the first quarter.
Ticket takers will be provided at both entrances by the CENTER. All drop tickets will be turned over to
TENANT immediately following the game after the attendance count has been taken by the CENTER.
All single game tickets will be handled through Ticketmaster and the CENTER Ticket Office beginning with
the 2005-2006 season and continuing each year thereafter. TENANT is granted the right to sell advanced
sale reserved seat season ticket packages. Single ticket revenue will be retained by the CENTER and
applied to any outstanding bills. TENANT will be paid within three days any remaining funds after
expenses are covered. TENANT may retain season ticket monies, but is responsible for CENTER facility
fee collection. Facility fee of $1.00 per ticket will be assessed per game and deducted from retained single
game ticket receipts for each game. In addition, all cards purchased via credit card at the CENTER box
office are subject to a 3.25% surcharge.
Printing of all tickets will be done through the CENTER'S box office during building usage hours. If
TENANT wishes to print hard season tickets utilizing a vendor other than Ticketmaster, the CENTER must
approve. In addition, TENANT will provide one (1) employee to man Team Will Call in West Vestibule
during game nights. CENTER will provide table and chairs.
FEE TERMS
TENANT agrees to pay CENTER a fee of $4000.00 per game, for a minimum of 31 regular season games.
The rental fee for consecutive game nights, after the initial event, will be $2300. For games not played over
ice, the base rental rate will drop to $3400.00 per game and consecutive games will be billed at $1700.00.
TENANT agrees to pay CENTER $50.00 for each hour of practice, on a non-game day. Game day practice
time is included in rent structure. Practice times, when available, to be mutually agreed upon. Fee Structure
listed below:
o Single Game 1-1,500 spectators:
o Single Game 1,501-2,500 spectators:
o Single Game 2,501 + spectators:
$4,000
$4,200
$4,500
DEPOSIT
TENANT shall pay to CENTER, prior to April 30, 2005 the sum of $3,100 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 $100.00 as liquidated
damages.
PAYMENT OF USAGE FEES FOR 2005-2006 SEASON
TENANT shall pay the CENTER within thirty 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.
Bills will be paid in full for the total amount of bill. A 1.5% late fee will be charged to all past due bills due to
longer thirty days.
APPROVAL OF CONTRACT
It is agreed that this contract will not be enforced until it has been approved by the Dubuque City Council,
and signed by TENANT and City. TENANT is required to post a performance bond of $50,000 payable to
CENTER as collateral.
EVENTS BEYOND PARTIES' CONTROL (Force Majeure)
FORCE MAJEURE 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.
All-American Professional Basketball League
Lease No.
Page 4
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, strike 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, and
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 and all Meeting Rooms and group
parties. Only the CENTER will provide food and beverage services. Final decisions on product selection
and pricing shall be at CENTER'S sole discretion. Food and beverage served for the Booster Club and
group parties will be purchased from CENTER.
A "No Carry-in" Policy relating to food and beverage will be strictly enforced. Security staff will perform pat
down and visual searches at patron entrances when deemed necessary.
Programs and novelties may be offered for sale by TENANT, on game dates, in the leased space during
the period of this agreement. 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 and game script must be approved by CENTER seven
days prior to a game.
No food or beverage items may be given away as promotional premiums without consent of the CENTER.
CENTER to work jointly with TENANT on in-house food and beverage promotions designed to increase
single game traffic.
Any parties or catering must be contracted and approved 15 days in advance of the event. All catered
events must be managed by CENTER concessions manager.
Concession stands will close sales with 10 minutes left on the time clock during the fourth quarter of play.
SCHEDULE OF USAGE
CENTER shall provide TENANT access to arena basketball court for games and/or practices on a mutually
agreed upon schedule of days in the period beginning November 1, 2005, and ending March 31, 2006.
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.
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 $100.00 deposit for that game.
CENTER retains the right to alter the TENANT's practice schedule. TENANT and CENTER shall submit
written notice of any change in practice schedule to the other seven days in advance of the change, all
changes subject to availability of CENTER dates.
Practice time for 2005-2006 season will include regular practices scheduled between 9:00 a.m. and 11 :00
a.m. on game days and any other use TENANT'S schedule through the Civic Center office. All usage is
subject to the availability of the basketball court and may be pre-empted by another event.
Before utilizing the building for any TENANT activity, i.e., player meetings, photo sessions, equipment
distribution, et cetera, TENANT shall schedule such usage with CENTER to make sure other events are
not scheduled.
All-American Professional Basketball League
Lease No.
Page 5
ADDITIONAL USAGES FOR PLAYOFFS
TENANT shall have the right to utilize the CENTER for playoff games, subject to the availability of dates for
TENANT practices and playoff games until March 31, 2006.
TENANT ACCESS
TENANT shall have access to arena basketball court during the hours specified in the attached practice
and game schedules.
TENANT shall also have access to locker rooms designated for TENANT'S use:
1. In period commencing thirty minutes prior to scheduled usages when the promenade is not open to
the public.
2. 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 TENANT personnel 2 Y, hours prior to game times
to facilitate setup of game day equipment and novelty stands.
CENTER reserves the right to deny TENANT access to designated locker rooms, office, or any parts of 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 prior to game time and close to the pubiic thirty minutes following
completion of game. CENTER will guarantee all other on-court activity to end one hour and thirty minutes
prior to their scheduled game time.
The base 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. The personnel shall
be designated as:
One (1) House Manager
One (1) Ticket Seller
Four (4) Ushers
One (1) Security Chief
One (1) Technical Director
One (1) Stagehand
Two (2) Custodians
One (1) Security Guard
Any additional services (such as followspots, special lighting, etc.) shall be billed as extra costs over
agreed fee.
Any additional staffing (such as follows pot operators, smoking section security, etc.) shall be billed as extra
costs over agreed fee.
RESERVATION OF GAME DATES
TENANT may reserve playing dates through the Civic Center Manager under the following terms and
conditions:
.
Thirty-one (31) regular season dates may be reserved for a $3,100.00 deposit.
.
For the remaining dates, including play-offs and exhibition, a $100.00 deposit will be made to
secure the date. Any of these dates, secured with deposit that are not used, TENANT may forfeit
the $100.00 for that specific date. Play-off dates can be reserved with a $100.00 deposit.
Additional game dates can be reserved with a $100 deposit.
.
All dates reserved for the playoffs will be held according to the normal booking procedure.
All-American Professional Basketball League
Lease No.
Page 6
NOTE: This section applies to dates in future years, beyond what is covered by the contract.
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, arising out of or in
consequence of TENANT'S performance of this Agreement, provided such injuries 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) 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, arising out of or in
consequence of (i) TENANT'S performance of the Agreement, provided such injuries 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 in the attached schedule. This policy will contain no less than $2 million of
public liability insurance, and list SMG, the City of Dubuque, and Five Flags Center as additional insured.
Such policy is to contain a provision that the CENTER will be notified at least thirty (30) days prior 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 August 31, 2005. Facility access for TENANT 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 during 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
1. Blood borne pathoaens. 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.
2. Damaae to buildina. 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.
3. CENTER staff and commission members engaged in the operation and maintenance of the building
shall have free access to the premises.
4. CENTER reserves the right to deny access to the premises to any person or eject any person
admitted to the premises.
5. Marauee. CENTER shall include the upcoming games on marquee program.
6. Championship banners may be hung in the arena in the area designated by the CENTER.
All-American Professional Basketball League
Lease No.
Page 7
7. Should TENANT desire access to the CENTER'S telephone system all actual costs of the usage
must be paid by TENANT.
8. TENANT shall designate areas where non-suited players from both teams may sit during games.
9. Orpheum Room. The Orpheum Room will be provided free of charge for the TENANT during
scheduled games to use as a booster room and TENANT shall be allowed to serve food items,
purchased from the CENTER.
10. Maiestic Room. The Majestic Room shall not be available to sponsors of the Thunderbirds as a
hospitality room, except by prior arrangement and payment to CENTER. Room rental, $75.00 per
day. CENTER shall provide catering. Room capacity of 100 persons will be strictly enforced.
11. Advertisina. CENTER shall make available banner inventory on which TENANT may have
exclusive rights to sell advertising with approval by CENTER. TENANT shall pay all costs
associated with said advertising TENANT shall provide labor to put any advertising logos on
basketball court. Tenant shall submit to CENTER a copy of the advertising, prior to being
displayed, for approval.
12. Distribution of complimentary promotional tickets must be approved by the CENTER, prior to any
agreements made with sponsors and lor distribution of such tickets.
13. TENANT shall have the right 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 ciean up. If TENANT decides to use
CENTER for these items, they will be charged back to TENANT at CENTER's cost as additional
billing at the end of the each game.
14. Any fees owed to Broadcast Music, Inc. for use of music played during games to be paid by
TENANT.
15. Center shall not be responsible for lost or stolen items kept in unsecured or unauthorized storage
areas.
FOR: DUBUQUE FIVE FLAGS CENTER
FOR: ALL-AMERICAN PROFESSIONAL
BASKETBAL LEAGUE
By
By
Title
Title
Date
Date
Fib-IS-OS 03:55pm Fram-
T-!S! P.OOI/OOI F-!3S
February 16, 2005
VIA FACSIMILE 589-0890
The Honorable Mayor and
City Council Members
c/o Jeanne Schneider, City Clerk
Dubuque City Hall
Dubuque, fA 5200]
R.E: Dubuque Youth Hoekey Assoelatlon
Dear Mayor Duggan and City Council Members:
On behalf of the Dubuque Youth Hockey Association, 1, or a member of our association, wish to
address the City Council regarding the proposed professional basketball team that will be leasing
the Five Flags Civic Center. We arc: very concerned with the negative effects the professional
basketball team will have on our association.
I look forward to having the opportunity to address the City CounciL
Sincerely,
QUE YOUTH HOCKEY ASSOCIATION
es E. Goodoian, Jr., Presid t
875 ArbOr Hills Drive
Dubuque.lA 52001
H; 588-2818
W: 557,8400
(,."~
J
~ i ~
DUBUQUE YOUTH HOCKEY ASSOClA nON
P.O. BOX 12Z Dubuque, IA S2004-()lU (563) S85-14ZJ
Page 1 of 1
Jeanne Schneider
Cc:
Sent:
Subject:
"Mark R. Stevenson" <mstevenson@emmaus.edu>
<rbuoI1@mchsi.com>; <amichalski@cityofdubuque.org>; <dnicholson@cityofdubuque.org>;
<jmarkham@comerenergy.com>; <jconnors63@mchsi.com>; <pcline@cityofdubuque.org>;
<jschneid@cityofdubuque.org>; <ctymgr@cityofdubuque.org>
<5flags@cityofdubuque.org>
Wednesday, February 16, 2005 3:27 PM
PLEASE SAVE ICE HOCKEY IN DUBUQUE
From:
To:
To whom it may concern,
It has come to my attention today that there is a proposal on the table to
bring in a Basketball team/league to Dubuque. One of the results of this
would be to squeeze out ice hockey. As both a player and a fan of ice
hockey in Dubuque, I strongly oppose the replacement of ice hockey for
something else.
Dubuque has a great hockey tradition. I was on a Dubuque team a few years
ago that won gold medals in both the Iowa Games and then the National
Games. This year, there were 3 local Dubuque teams that participated in
Adult Ice Hockey in the Iowa Games.
I certainly would not support the Basketball league if it comes to
town. Kids have lots of opportunities for BB in schools, but hockey is
unique. Many people in Dubuque, including myself, are passionate about
hockey. PLEASE SAVE ICE HOCKEY IN DUBUQUE.
Thank-you.
Mark Stevenson
2/17/2005
Page I of 1
Jeanne Schneider
From:
To:
Sent:
Subject:
"Darin Harmon" <Harmon@kintzlaw.com>
<jschneid@cityofdubuque.org>
Thursday, February 17, 2005 8:50 AM
Fw: Five Flags Basketball
-- Original Message -
From: Darin Harmon
To: jschnied@cityofdubuque.org
Cc: dnicholson@cityofdubuque.org ; aem10@mchsLcom; jmarkham@cornenergy.com; rbuoI1@mchsLcom;
jconnors63@mchsi.com ; patriciacline@mchsLcom
Sent: Thursday, February 17, 2005 8:31 AM
Subject: Five Flags Basketball
To the Honorable Mayor and Council Members-
I am concerned about the proposal to bring a new basketball team to Dubuque in Five Flags. This issue is
different than baseball, which I wholly supported. In contrast, ice time and ice quality are certain to suffer in a
trade for basketball time. I am concerned not only for the Thunderbirds but more importantly for the youth
programs which are seeing record numbers. Until such time as the city would commit to an alternate indoor ice
facility, I urge you and the council to vote against basketball at Five Flags.
Thank you,
Darin S. Harmon, Esq.
Kintzinger Law Firm, PLC
100 West 12th Street, Box 703
Dubuque, IA 52004-0703
(563) 588-0547 Fax-(563) 588-1981
e-mail: Harmon@kintzlaw.com
web addresses: www.kintzingerlaw.com
www.kintzlaw.com
NOTICE: This transmission is attorney work
product and may also be protected by the
attorney-client privilege as it may contain
confidential information. If you are not the
intended recipient, dissemination, distribution
or copying of this information is strictly prohibited.
If you have received this message in error, please
notify us immediately by return e-mail and delete
this message. Thank you.
2/17/2005
Page 1 of 1
Jeanne Schneider
Sent:
Subject:
"Jill Leach" <jleach@realijood.com>
<rbuoI1@mchsi.com>; <amichalski@cityofdubuque.org>; <dnicholson@cityofdubuque.org>;
<jmarkham@cornerenergy.com>; <jconnors83@mchsi.com>; <pcline@cityofdubuque.org>;
<jschneid@cityofdubuque.org>; <ctymgr@cityofdubuque.org>
Thursday, February 17, 2005 9:45 AM
Please save ou rice
From:
To:
Please vote NO on Monday regarding replacing the ice at Five Flags with basketball. Not only would it be
devastating to hockey fans - but what about our Youth players that have been working so hard and are
passionate about hockey?
Thank you,
Jill N. Leach
1403 Lincoln Ave
Dubuque IA 52001
..; ,
ii
',i
2/17/2005
Page I of I
Jeanne Schneider
Sent:
Subject:
"Tony Theisen" <tonyt@theisens.com>
<rbuoI1@mchsi.com>; <amichalski@cityofdubuque.org>; <dnicholson@cityofdubuque.org>;
<jmarkham@comerenergy.com>; <jconnors63@mchsi.com>; <pcline@cityofdubuque.org>;
<jschneid@cityofdubuque.org>; <ctymgr@cityofdubuque.org>
Thursday, February 17, 2005 10:14 AM
SMG Basketball Proposal Concern
From:
To:
Respective City Council Members,
I am very concemed after receiving word that SMG is still working to bring basketball to the Five Flags Center and
how it would negatively affect ice availability in Dubuque. As I'm sure you know, Dubuque has only one sheet of
ice and it must be shared between the Thunderbirds, Dubuque Youth Hockey Association, high school hockey,
senior and college leagues, public skating and others. If SMG plans 28.35 basketball dates that means over a
month of ice is eliminated from the current ice schedule. There aren't nearly enough open ice times as it is and
many youth players don't get off the ice until after 9:00pm now.
My belief is that there is no feasible way to add a basketball schedule between the months October and February
without another publicly funded rink being added. We currently travel with our son all over the Midwest for High
School Hockey. The Quad Cities, Cedar Rapids, Des Moines Sioux City, Madison, Rockford all have multiple ice
rinks. Dubuque's single rink ice times are so limited and we don't even offer figure skating lessons like other
communities. I have recently heard however that someone in Dubuque is planning on teaching figure skating next
fall. This isn't very likely to happen if the SMG proposal is approved. Between the Thunderbirds and DYHA, they
would likely require every possible minute of ice time left and small children will be practicing until the late hours
of the night. All because of a risky plan to add basketball!
How many residents do you really think are regularly going to pay a minimum of $12 to watch them play?
Bringing more shows and concerts to the center are good for the community and good use of the facility I believe.
Let's not throw the Five Flags Center's best customers out on their ear. Make plans now to keep ice available for
this loyal group of users. It would be a shame to send our residents to Cedar Rapids or the Quad Cities to
practice their sport. Just think of the cost of alienating these families in the Dubuque area. \IY11at a detriment tQJhe
communitv this basketb;lILteam could be.
Thank you for your consideration of these comments.
Tony Theisen
2439 Spruce Wood Drive
Dubuque, IA 52002
2/17/2005
Page 1 of 1
Jeanne Schneider
From:
To:
Sent:
Subject:
"Ben Roth" <broth@rothandhenkels.com>
<jschneid@cityofdubuque.org>
Thursday, February 17, 200511:32AM
City Council Meeting - 02-21-05
Dear Ms. Schneider:
It is my understanding that there is potential for the City Council to take action regarding a Five
Flags Center/SMG contract with minor league basketba11 league developer Worth Christie. I have
an interest in this matter as someone who uses the ice facility at Five Flags on a weekly basis. I
would be speaking on behalf of the 35 members of our Tuesday Night Hockey League. I request to
be heard by the City Council on this matter on Monday. Thank you.
Sincerely,
Ben Roth
T: 557-1611
2/17/2005
Page 1 of 1
Jeanne Schneider
Sent:
Subject:
<Hckylover06@aol.com>
<rbuoI1@mchsLcom>; <amichalski@cityofdubuque.org>; <dnicholson@cityofdubuque.org>;
<jmarkham@comerenergy.com>; <connors63@mchsi.com>; <pcline@cityofdubuque.org>;
<jschneid@cityofdubuque.org>; <ctymgr@cityofdubuque.org>
Thursday, February 17, 2005 10:22 AM
hockey
From:
To:
Dear Memebers,
I am not in favor of a basketball league taking the place of ice hockey events at the Five Flags Civic Center. The
Thunderbirds have done a lot for me personally and for other people that i know. Please do not allow this league
to come in because I feel if it does, then you will lose something that has been doing so well in the last couple of
years.
Chrissie pluemer
2/17/2005