Usage Agreement with the Dubuque Fighting Saints
CITY OF DUBUQUE, IOWA
MEMORANDUM
August 31, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT:
Usage Agreement with the Dubuque Fighting Saints
Leisure Services Manager Gil Spence is recommending approval of the Five Flags Usage
Agreement with the Dubuque Fighting Saints.
This agreement is very similar to last season's, calling for a flat fee of $45,700 for twenty-
four (24) regular season games and up to 150 hours of ice rental during the regular season.
The changes made in the agreement include:
· The fee increased $700 to cover salary increases.
· Last season, the Center kept the door receipts for every other game. This contract
allows the Center to keep the door receipts from every game until the Saints bill is
paid in full.
· Practice times have been changed from mornings to afternoons, at the request of
the Saints.
· The section II Additional Usages for Playoffs" has been added. It was dropped for
the last contract due to other events scheduled in the building.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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CITY OF DUBUQUE, IOWA
MEMORANDUM
August 23, 2000
TO: Michael C. Van Milligen, City Manager
FROM: GiI D. Spence, Leisure Services Manager-
SUBJECT: Usage Agreement with the Dubuque Fighting Saints
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the Five Flags
usage agreement with the Dubuque Fighting Saints.
DISCUSSION
This agreement is very similar to last season's, calling for a flat fee of $45,700 for twenty-
four (24) regular season games and up to 150 hours of ice rental during the regular
season. The changes made in the agreement include:
.I The fee increased $700 to cover salary increases.
.I Last season, the Center kept the door receipts for every other game. This contract
allows the Center to keep the door receipts from every game until the Saints bill is
paid in full.
.I Practice times have been changed from mornings to afternoons, at the request of
the Saints.
.I The section "Additional Usages for Playoffs" has been added. It was dropped for
the last contract due to other events scheduled in the building.
Saints President Brian Gallagher has reviewed the lease and asked that the Center not
keep the door receipts from every game until the bill is paid in full. He proposed that the
Center keep gate receipts from every game if the bill is thirty days past due. The Civic
Center Advisory Commission considered Mr. Gallagher's propos.al but decided to leave the
wording as originally stated.
continued
Saints 2000-2001 contract
page two
The commission's concern stems from the fact that the Saints still owe over $25,000 from
last year's contract. This amount was to have been paid by May 7th. All commission
members wanted to keep all gate receipts to avoid another large outstanding balance.
The commission also passed a motion that prohibits the Saints from using the ice until the
outstanding bill from last season is paid in full.
RECOMMENDATION
Staff and the Civic Center Commission has given their approval of the agreement and
recommends City Council approval pending payment by the Saints of their outstanding
balance from the 1999-2000 season of $25,251.84.
ACTION STEP
The action requested is that the City Council approve the Five Flags usage agreement with
the Dubuque Fighting Saints.
GDS:et
attachment
c Carole Barry
Brian Gallagher
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RENTAL AGREEMENT
Lease No. 3201-034
PARTIES:
THIS AGREEMENT, made this day of , 20-22-, between the DUBUQUE FIVE FLAGS
CENTER, a department of the City of Dubuque, hereinafter called "CENTER" and
DUBUQUE FIGHTING SAINTS HOCKEY CLUB. INC.
Address 909 MAIN STREET. SUITE 661
City DUBUQUE
hereinafter called "TENANT'.
State IOWA
Zip 52001
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. The space known as Satellite Ticket Office for TENANT offices for a period commencing September 12,
2000, and ending when playoffs end.
2. Use of locker rooms #2 and #3 for the period of September 12, 2000, to March 21, 2001; 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.
3. Five Flags Arena with ice rink for practice of hockey, according fl5 the attached schedule, subject to
availability. May be pre-empted for other events.
4. Five Flags Arena with ice rink and seating for 2,458 persons for hockey gam~~, according to the
attached schedule.
5. One-half of the storage area across from locker room #2 for TENANT storage use.
6. East press box is available for TENANT'S use, for purpose of video taping or broadcasting.
7. Northwest dressing room for use by game officials.
8. TENANT, at its sole expense, may display the team logo and team sponsors on the north wall in the area
designated by the CENTER.
9. West press box will be made available for promotional use as a "private suite" for home games, to
accomodate sponsor to provide an opportunity for a winner to sit with three of his/her family or friends.
The Saints will provide chairs to fit under the existing counter space at table top height. TENANT would
be responsible for monitoring this usage. This will eliminate use of the organ, and the west press box
would not be available for use by other broadcast media associated with a visiting team. If west press
box should be used for broadcast purposes, TENANT is responsbile for installing and paying for
telephone lines. -
10.West press box will be made available for use of organ by one person designated by TENANT, as long
as organist is a volunteer or paid by the Saints. If organ is used, West press box would not be available
for use by radio station associated with visiting team. If West press box is used for broadcast purposes,
TENANT is repsonsible for installing and paying for telephone line.
CENTER POLICIES
TENANT must abide by all CENTER policies, including No Tobacco Use Policy. Persons violating this policy
will be ejected from the building after one warning. CENTER shall provide TENANT its written policies
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.
P.o. Box 628, Dubuque, Iowa 52001 . 319/589.4254
Another Service of the City of Dubuque
.'
Dubuque Fighting Saints Association
Lease No. 3201-034
Page 2
TICKET OFFICE
CENTER shall maintain control and direction of CENTER's ticket office and ticket office personnel. The
CENTER shall provide two cashiers for door sales prior to game. CENTER shall maintain control of ticket
sales revenue for the sale of tickets at the door, in CENTER's ticket office only, for all TENANT games.
CENTER shall sell all tickets during CENTER ticket office hours, with the exception of season tickets.
Settlements shall occur within three working days following each game or Saturday. Door receipts for every
game will be retained by CENTER, until TENANT is paid in full. Detailed box office report of ticket sales and
unsold tickets for each game shall be given to TENANT.
TENANT shall reimburse CENTER for actual cost of printing tickets if this service is provided by CENTER.
FEE TERMS
TENANT agrees to pay CENTER a flat fee of $45,700 for 24 regular season games and up to 150 hours
of ice rental during regular season. Anything over and above these usages will be charged TENANT as a
separate billing. Each hour of practice ice in excess of 150 hours will be billed at $85 per hour. Eighty cents
per fan over 22,500 for season total to be returned to Saints as a credit to usage fee per fan rebate program.
TENANT agrees to pay CENTER $1,275 fee for each playoff game and $90 per hour for ice rental during
playoffs. .,.,
Office space
no charge
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Storage space in gate E and across
from locker room
no charge
Use of press boxes
no charge
Saints refrigerator in locker room
no charge
Saints team boxes in locker room
no charge
DEPOSIT
TENANT shall pay to CENTER, prior to September 12, 2000, the sum of $1,740.00 as a deposit for all dates
reserved for games. CENTER shall credit deposit toward the usage fee at end of payment schedule. In the
event that a game is not held as scheduled, TENANT will forfeit the deposit for that game $72.50 as
liquidated damages.
PAYMENT OF USAGE FEES
TENANT shall make eight equal payments of $5,712.50 to be made by the seventh day of October,
November, December, January, February, March, April and May.
Failure by TENANT to make payments within the specified period shall be grounds for CENTER to terminate
this agreement. CENTER must give a 10 day written notice of termination if payment is not made.
.'
Dubuque Fighting Saints Association
Lease No. 3201-034
Page 3
APPROVALQECONTRACT
It is agreed that this contract will not be enforced until it has been approved by the Civic Center Commission
and City Council, and signed by TENANT and City.
EVENTS BEYOND PARTIES' CONTROL (Force Majeure)
FORCE MAJOR TOTAL: In the event that either or both parties are totally prevented from completion of
obligations under the Agreement as a result of acts of God, civil tumult, war, riot, governmental restrictions,
or other conditions beyond the legitimate control of CENTER and/or TENANT, both parties shall then be
relieved respectively of their obligations hereunder and there shall be no claim for damages by either party
against the other.
OBLIGATION TO ADAPT TO CIRCUMSTANCES: It is also further understood and agreed that both parties
shall make "best efforts" to overcome and adapt to any and all circumstances described in this article, in
order to meet the obligations of the engagement in any way possible, given the circumstances.
The term "Force Majeure" as used in this section shall include all fire, earthquake, flood, tornado, act of God,
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 TENANTS opposing team, but CENTER will use its
best efforts to reduce or eliminate costs or expenses incurred as a result of the failure to play any scheduled
game.
The parties agree that they will use and continue to use their best efforts to remove, change, correct, repair,
et cetera, the condition of Force Majeure preventing performance hereunder, in order to make performance
under this Agreement once again possible.
CONCESSIONS
CENTER shall retain control and operation of all concession stands, pr8Yiding food and beverage services.
Final decisions on product selection and pricing shall be at CENTER'S sole discretion.
TENANT shall not sell or serve any concessions including, but not limited to, cigarettes, cigars, beverages,
food, gum, or refreshments of any kind, within the leased space. .'
Programs and novelties may be offered for sale by TENANT, in the leased space during the period of this
agreement, with written approval from the CENTER in advance. CENTER shall designate stand locations
for merchandising such items. The normal fee for the sale of such items, thirty percent of gross sales, shall
be waived by the CENTER.
Any promotional activities conducted in the building must be approved by CENTER, prior to the start of the
season, or thirty days prior to a game.
SCHEDULE QE USAGE
CENTER shall provide TENANT access to arena ice rink for games and/or practices on a minimum of 110
days in the period beginning September 12, 2000, and ending March 21, 2001, if ice is available.
CENTER will begin 1he ice making process on August 31, 2000. TENANT is encouraged to view the ice
making process to be kept abreast of the progress and ask any questions they may have or note any difficult
weather conditions that would cause process to be halted.
CENTER shall not interrupt the TENANTS practice ice usage for longer than a six-day period. CENTER
has an option to extend this six-day period with a $500 compensation per day to TENANT, excluding away
games for TENANT that occur within this period.
The schedule of TENANTS 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 TENANrs scheduled game is preven,ted, due to h~a~ous weather
conditions CENTER shall make every effort to reschedule the game, subject to the avallabihty of dates in
CENTER. Should ~.be ctewned impossible ~ both CENTER and TENANT to reschedule the game, the
'" R ahaUrefuQ4' . 72~50 deposit for that game.
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ER retains the right \G'lIter the TENANrs practice schedule. TENANT and CENTER Shall submit
. "j,'~' ,,' '. t, schecfu!e to the other three days in advance of the change, all
R
.. 'regWar practices scheduled between 2: 15 p.m, and 4 '15
.. "" -. IIIld any other use the Saints schedule through the Ci'vic
e 8v811ablllty of the ice sheet and may be pre-empted by another
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. >~... player meetings. photo sessions, equipment
..... with civic center manager to make sure other
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agrees to maintain the Ice she.t and offer
"practices and pIa~games for a minimum
,.and ending APrtrJ4 ,2001. Th. CENTER
"'TENANTlsea~ted from the U.S.H.L.
,~I,~e.n.!.,~nd~~.nts s.t forth In this
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. i end of March~ TENANT WOuld have
~0: ~Urface. CENTER will not be held
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~'peclfled In the attached' practice and game
. . er room. designated for TENANT'S use:
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nt.... promenade Is open to the public.
thIrtY mtnutes prior to scheduled usages when the promenade is not Open to the
'... Iwh.n games are scheduled on Saturday and/or Sunday, when the promenade Is closed to
]~~bnc. access will be provided to selected Saints pers?nnel at 4:30 pm on Saturday (7:00 pm)
. . game. and 3:00 pm for Sunday (5:30 pm) evenlno games to facilitate setup of novelty
J. Gate C will be unlocked at that time.
'f>.tt,:,
i~."'iUlrves the right to deny TENANT access to ~esign~ted locker rooms, office, or any parts of the
Qfriter If TENANT'S use of these spaces constitutes, In the reasonable opinion of the CENTER a
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with another event.
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.,,' " shall be responsible for restricting its staff, players, and vol~nteer:s to the apace authorized by this
" ." ent. Continued failure on the part of the TENANT to exerCise thiS control may result In additional
a to TENANT for CENTER'S labor expenses of a staff person to monitor TENANT'a uaage.
STAFFING
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I\rii:,.". shal open for games one hour prior to game tima and close to the public forty-five minutes
".fi:IOWIng completion of game. TENANT would like all ice usage to end one hour and thirty minutes prior to
thelracheduled game time.
.'
Dubuque Fighting Saints Association
Lease No. 3201-034
Page 5
The number of personnel shall be fixed by decision of CENTER and TENANT, except that CENTER shall
have discretion to determine staffing levels related to security and patron safety.
For TENANT'S scheduled games. CENTER shall provide the following staff for agreed money:
one house manager
two cashiers
three ushers
one technical assistant
two T-shirt security
one police officer
Any additional services (such as followspots, special lighting, etc.) shall be billed as extra costs over
agreed fee.
Any additional staffing (such as followspot operators, security. etc.) shall be billed as extra costs over
agreed fee.
In addition, TENANT shall provide the following volunteer staff to supplement that provided by CENTER:
ten ushers (includes staffing for gates 8, D. and F)
."
two aides for Zamboni operator
scorekeeper. announcer, et cetera. as TENANT needs
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medical personnel (doctor or EMTs) -- available to public
one person to staff skaters' entrance
TENANT shall provide the names of the above mentioned ushers, and Zamboni aides to CENTER no less
than one week prior to each game. Each person supplied by TENANT shall adhere to the U.S.H.L.'s
Intoxicants Policy forbidding consumption of drugs and alcohol.
For TENANT'S scheduled games, CENTER shall provide, at no cost to TENANT, the following staff:
one maintenance worker
one Zamboni operator
RESERVATION OF GAME DATES
TENANT may reserve playing dates through the Civic Center Manager under the fOllowing terms and
conditions:
· Twenty-four regular season and twelve playoff dates may be reserved.
· If another user group requests any of these dates; ten of the regular season dates will be held with no
deposit required; a written guarantee from TENANT that the $725 deposit will be paid if the dates are
not used will substitute for the
deposit. TENANT will designate these ten dates when the reservation is made.
· The remaining thirty dates will be held according to the normal booking procedure. This means that if
another user requests any of these dates, TENANT will need to pay the $725 deposit to secure that
date.
· All dates reserved for the playoffs will be held according to the normal booking procedure.
.
."
Dubuque Fighting Saints Association
Lease No. 3201-034
Page 6
NOTE: This section applies to dates in out years, beyond what is covered by the contract.
INSURANCE SCHEDULE
Insurance coverage shall be not less than the following, or greater if required by law:
Workers' compensation
Statutory
Employer's liability
bodily injury by accident
each accident
bodily injury by disease
each employee
policy limit
$ 100,000
100,000
500,000
Public liability/general liability
bodily injury/property damage
each occurrence
general aggregate
products completed
operations aggregate
personal injury aggregate
$ 1,000,000
1,000,000
1,000,000
1,000,000
Coverage is to include:
Occurrence form
Commercial/general liability insuring agreement
Premise/operations coverage
Products/completed operations
Independent contractors coverage
Contractual liability protection for risks assumed in this agreement
Broad form property damage
Personal injury includes
hazards A-C
removal of employment exclusion
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automobile
bodily injury/property damage
each accident
$ 1,000,000
umbrella liability
2,000,000
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.
"
"
Dubuque Fighting Saints Association
. Lease No. 3201-034
Page 7
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. 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 September 12, 2000. Ice usage will not be allowed until
this certificate is received and accepted by CENTER.
WORKERS' COMPENSATION
To the extent that TENANT's business is such as to place any or all of its employees under the coverage
of Workers' Compensation or similar statutes, TENANT will maintain 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 pathogens. TENANT shall be responsible for removal of sharps, towels, rags, or any
article bearing any body fluids relating to its presence in the building, including those related items
belonging to the opposing team.
2. Damage to building. All damage to the building, structure, premises, and its appurtenances caused
by TENANT, its employees, agents, players, or visiting team players and staff shall be paid by TENANT
at the actual cost of repairs.
...
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. Marquee. CENTER shall include the upcoming games on marquee program.
6. TENANT may place team boxes in locker room #2 and refrigerator and storage in locker room #3, but
they will be removed at the request of the CENTER if requested by another user.
7. Championship banners may be hung in the arena in the area designated by the CENTER.
8. Should TENANT desire access to the CENTER'S telephone system all actual costs of the usage must
be paid by TENANT.
9. TENANT shall designate areas where non-suited players from both teams may sit during games.
10. Maiestic Room. The Majestic Room shall not be available to sponsors of the Saints as a hospitality
room, except by prior arrangement and payment to CENTER.
11. Advertising. CENTER shall make dasher boards available on which TENANT may have exclusive rights
to sell advertising; a copy of the advertising bill must accompany payment. TENANT shall pay all costs
associated with said advertising and return to the CENTER fifteen percent of the net sale on all
advertisements sold on dasher boards, Zamboni and ice sheet. A full accounting of the revenue will be
provided to the CENTER. TENANT shall provide labor to put any advertising logos on dashers and ice
sheet and Zamboni. TENANT shall submit to CENTER a copy of the advertising, prior to being
displayed, for approval.
12. No more than 3,000 tickets per game may be printed or distributed by TENANT or any game sponsor.
13. MCNISA charges for the season will be billed to TENANT as a separate item. Soda for the players and
officials, provided by the CENTER will be charged back to TENANT at CENTER'S cost, as an additional
billing at the end of season.
LDubl.lqoe Fighting Saints ASSOciation
ease No. 3201.034
Page 8
FOR: DUBUQUE FIVE FLAGS CENTER
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