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Basketball League Contract Five Flags DU~~E ~c/k.~ 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 D~~~E ~Yk.~ 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: . . . . . . . . . . . . . . . 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