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Hockey Contract Five Flags Center DU~~E ~ck~ MEMORANDUM August 29, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Dubuque Hockey, Inc. Contract with the Five Flags Center Leisure Services Manager Gil Spence is recommending City Council approval of the contract between the Five Flags Center and Dubuque Hockey, Inc. d/b/a Dubuque Thunderbirds. I concur with the recommendation and respectfully request Mayor and City Council approval. 1. I / I , l/ if Ol;. ~h/1dL Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gil D. Spence, Leisure Services Manager ,,-.,\ " j ~_.,-~ 1 i " i \.1.1 .. ~~~JE ~~~ MEMORANDUM August 26, 2005 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager W SUBJECT: Dubuque Hockey, Inc. Contract with the Five Flags Center INTRODUCTION The purpose of this memorandum is to request City Council approval of the contract between the Five Flags Center and Dubuque Hockey, Inc DBA Dubuque Thunderbirds. DISCUSSION SMG has negotiated the attached contract with the Dubuque Thunderbirds for the 2005- 2006 season. The Thunderbirds organization has approved and signed the rental agreement and the Civic Center Commission has also given its approval Changes to the agreement from last year are as follows: · Five Flags will handle all ticketing functions for the team. A $1.00 facility fee per ticket will be charged. · Staffing charges will increase from $525 to $650 per game. · Thunderbirds office will be moved to the second floor. ACTION STEP The action requested is that the City Council approve the agreement with Dubuque Hockey for use of the Five Flags Center. GDS:et attachments --.....,c / r<.J::r. Five Flags Center 405 Main Street Dubuque, IA 52001 (563) 589-4254 'NW w. fiveflagscen tar.com License Agreement # 3206-018 <:5M{V FIVE fLAGS CEN'17ER , Private Management For Public Facilities ADDENDUM TO SMG/FIVE FLAGS RENTAL AGREEMENT Lease No. 3206-018 PARTIES This use License Agreement (together with the Exhibits attached hereto, the "Agreement" is dated as of July 8, 2005, by and between SMG, a Pennsylvania general partnership, with an address at 701 Market Street, 4th Floor, Philadelphia, PA 19106. ("SMG") and Dubuque Hockey, Inc. DBA: Dubuque Thunderbirds (NAME OF LICENSEE) whose current address is: 405 Main Street, Dubuque, IA 52001 (the "Lice~see"). Attention: ~8"dy LlJnd (gereinafter "~ustomef!') for the purpose of presentmg: ,4,~qp".f 7/fll~A#-~ A/~ t~ .,/JI/eu-.,., rz-/O-r;- TERMS I ~ ,. fi?;fJ- ,/IJ/Ds-- c,^ 1 I~O\ 1. The length of this agreement will potentially be three r$) years from July 1, 200~ through June 30, ~ ~ ~'--11,l()? 2. SMG/Five Flags Center will h~~le all ticketing functions for the team. This includes maintaining a box office at SMG/Five Flags Center on non-game days and, up to the close of the second period, on game nights. Also, SMG/Five Flags to maintain weekend hours, on game days, to the end of second period. SMG/FIVE FLAGS CENTER will receive the following for this service: a. A facility fee of $1.00 per ticket inclusive of group and single game sales. Thunderbirds to retain the rights to sell season and group sales. SMG/FIVE FLAGS CENTER to print all tickets. SMG/FIVE FLAGS CENTER to cap facility fee at $12,000.00. After cap is reached, the Thunderbirds will receive the full facility fee. b. All tickets charged by phone, internet and oullets to have 3.25% charged on top of ticket fee. Licensee to be charged 3.25% for tickets charged at SMG/FIVE FLAGS CENTER box office. 3. Staffing charges to increase from $525.00 per game to the following: a. 2005-06 = $ 650.00 . ,I b. ~OG-07 $ 2!.l!l..OO-. R# ?h~s- C-j 7f(~/~ c. 200708 - $1,nnO-LlQ R# ?.h-,.4-S- (J'1IZ(05 4. Thunderbirds to be issued 40 playing date possibilities annually in February. 5. SMG/Five Flags to work with Thunderbirds on joint food and beverage promotions. 6. Thunderbirds Office to be relocated to the 2nd floor promenade. 7. Thunderbirds will have the sole right to sell the following advertising inventory: dasher boards, Zamboni and program advertising. Any north wall signs must be approved by SMG/FIVE FLAGS CENTER prior to sale. Current client signs will be relocated to the area above current attendance/championship banners. Once dasher and Zamboni inventory has been sold, SMG/FIVE FLAGS CENTER will discuss adding additional inventory. /r'~ Five Flags Center 405 Main 5 treet Dubuque, IA 52001 (563) 589-4254 www.fiveftagscent.er.com License Agreement # 3206-018 <:5M{V FIVE FLAGS CENTER Private Management For Public Facilities PARTIES This use License Agreement (together with the Exhibits attached hereto, the "Agreement" is dated as of June 20, 2005, by and between SMG, a Pennsylvania general partnership, with an address at 701 Market Street, 4th Floor, Philadelphia, PA 19106. ("SMG") and Dubuque Hockey, Inc. DBA: Dubuque Thunderbirds (NAME OF LICENSEE) whose current address is: 405 Main Street, Dubuque, IA 52001 (the "Licensee"). Attelltion: Randy Lunc;L(hereillafter "Customer") for the purpose of presenting: J& v.... 7i.~,~.s p A'~Q'- (fr SPACE AND PURPOSE ?1l'ft~ 1/12--/05 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 prior concessions office for TENANT offices. Office available for TENANT during Five Flags Center regular administrative office hours. CENTER reserves the right to limit use due to other event needs. 2. Use of locker rooms #2 and #3 for the period of September 1, 2005 until ice is removed; subject to the need for locker room space by CENTER. Use of locker room #1 for visiting team, available one and one-half hours prior to game time. Locker boxes will be removed at CENTER's request when needed for other event use. 3. Five Flags Arena with ice rink for practice of hockey, subject to availability. May be pre-empted for other events with a minimum of seven days notice. 4. Five Flags Arena with ice rink and seating for 2.457 persons for hockey games, 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 promotional activities pending approval by CENTER. TENANT would be responsible for monitoring this usage. TENANT responsible for installation and payment of phone lines if press box is used for broadcast. 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 ice surface (Five Flags logos will be included gratis) and north wall in the area designated by the CENTER. CENTER to hang free of charge. Material, size, content, and method of hanging signage to be approved by CENTER. CENTER must approve layout of on-ice logo/advertisements prior to TENANT entering into any sales agreement. CENTER must approve all other advertising displays. CENTER manager will be included as a signatory on all new sponsorship contracts from this date forward, in regards to dasher boards and zamboni sponsorships. (See Attached Addendum) 9. West press box will be made available for use by TENANT for promotional activities pending approval by CENTER. TENANT responsible for monitoring usage. If west press box is used for broadcast, TENANT is responsible for installation and payment of phone lines. 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-Entry" policy will be enforced. A "No Food & Drink Carry-in" Policy 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. TICKETS 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. If the CENTER uses a TicketMaster scanner, Center will supply drop count to TENANT as recorded by scanner. TENANT shall reimburse CENTER for actual cost of printing tickets if this service is provided by CENTER. (See attached addendum) FEE TERMS TENANT agrees to pay CENTER a fee of $600.00 per game, for a minimum of 24 regular season games. TENANT agrees to pay CENTER $90.00 for each hour of practice ice. CENTER agrees to provide TENANT up to 150 hours of ice practice. 2005-06 = $600.00 per game 2{)OG 87 '" $800.00 per YalITe <lQ07 08 $728.00 Flsr g:aFMe ~#-- 74~.r Cd 7Jz-/O) ~74//6s- ~a ,!t;?!05: Dubuque Hockey, Inc. Lease No. 3206-018 Page 2 Office space no charge Storage space in gate E and across from locker room no charge Use of press boxes no charge Thunderbirds refrigerator in locker room no charge Thunderbirds team boxes in locker room no charge DEPOSIT TENANT shall pay to CENTER, prior to September 1, 2005, the sum of $0.00 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 as liquidated damages. PAYMENT OF USAGE FEES TENANT shall pay the CENTER within sixty days of the end of each month for fees incurred as based on the payment scheduled detailed under "Fee Terms". CENTER will bill TENANT at the end of each month. Each game will be billed individually. Bills will be paid in full for the total amount of bill. /4. 1.6% 1",lc fee will 138 ct:lar~eel to all pa3t due bill~ BUO te 18A~ef t~i, ~~,h ~ t>- ~ ?h~/(J5 APPROVAL OF CONTRACT II is agreed that this contract will not be enforced until it has been approved by the SMG/Five Flags Center Commission and City Council, and signed by TENANT and City. 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. . . 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, terrorism, failure of power, machinery or equipment malfunction, or any other matter of situation of a like nature. Force Majeure shall not be interpreted to mean an act or omission by TENANT'S opposing team, but CENTER will use its best efforts to reduce or eliminate costs or expenses incurred as a result of the failure to play any scheduled game. The parties agree that they will use and continue to use their best efforts to remove, change, correct, repair, et cetera, the condition of Force Majeure preventing performance hereunder, in order to make performance under this Agreement once again possible. CONCESSIONS CENTER shall retain control and operation of all concession stands, the Orpheum and Majestic Rooms, and all space in the building. Only the CENTER will, provide food and beverage services. Final decisions on product selection and pricing shall be at CENTER'S sole discretion. Any and all groups that TENANT allows to have a event during TENTANT'S event will purchase all food and beverage from the 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 ~ame. No food or beveraQe items may be given away as promotional premiums without consent of the CENTER. Any parties or catering must be contracted and approved 14 days in advance of the event. All catered events must be managed by CENTER concessions manager. Concession stands will close sales with 6 minutes left on the time clock during the third period of play. Dubuque Hockey, Inc. Lease No. 3206-018 Page 3 SCHEDULE OF 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 no later than September 22, 2005, and ending March 20, 2006, if ice is available. If ice sheet must be maintained past March 20,2006, TENANT will pay cost of building conversion. Cost for conversion not to exceed $972.00 per conversion. CENTER will begin the ice making process on September 11, 2005. 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 hailed. TENANT will schedule a contractor to paint ice logos. TENANT will coordinate logo painting with CENTER staff to ensure schedulinq will not interrupt or delay the ice making process. CENTER shall not interrupt the TENANT'S 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 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 deposit for that game. For this contract, CENTER has agreed to waive the deposit for 2005-2006 games. 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 ice time for 2005-2006 season will include regular practices scheduled between 9:00 a.m. and 11 :00 a.m., Monday through Friday, game day practices and any other use the Thunderbirds schedule through the Civic Center office. All ice usage is subject to the availability of the ice sheet and may be pre-empted by another event. Before utilizing the building for any Thunderbirds activity, Le., player meetings, photo sessions, equipment distribution, et cetera, TENANT shall schedule such usage with CENTER to make sure other events are not scheduled. ~ l ADDITIONAL USAGES FOR PLAYOFFS Should the TENANT qualify for the M.J.H.L. playoffs, CENTER agrees to maintain the ice sheet and offer it to TENANT, subject to the availability of dates for TENANT practices and playoff games for a minimum of seventeen (17) days during the period beginning March 2, 2006 and ending March 19,2006. The CENTER shall not be required to maintain the ice sheet past the date the TENANT is eliminated from the M.J.H.L. playoffs. The CENTER shall not Q~ required to maintain the ice sheet past March 20, 2006, unless TENENT incurs the expense of ice conversion, estimated at $972.00 per conversion. Usages in this period shall be subject to all rates, conditions, and requirements set forth in this Agreement. Ice of sufficient Quality to allow a (:lame cannot be guaranteed. Factors such as unseasonable climate and atmospheric conditions, may effect the CENTER'S ability to maintain ice quality. CENTER will not be held responsible for ice quality. TENANT ACCESS TENANT shall have access to arena ice rink during the hours specified in the attached practice and game schedules. TENANT shall also have access to office and locker rooms designated for TENANT'S use: 1. In periods during which the Five Flag Center promenade is open to the public. When promenade is closed to the public, access to the office may be obtained through skate rental, if such access is approved by the user group in the arena/on ice. 2. In period commencing thirty minutes prior to scheduled usages when the promenade is not open to the public. 3. In periods when games are scheduled on Saturday and/or Sunday, when the promenade is closed to the public, access will be provided to selected Thunderbirds personnel at 4:30 pm on Saturday (7:05 pm) evening games and 3:00 pm for Sunday (5:35 pm) evening games to facilitate setup of merchandise/novelty stands. 4. CENTER shall keep open the tunnel between the Five Flags Center and the Holiday Inn one hour before game time and 30 minutes after game is concluded. TENANT agrees to provide adequate security during the hours the tunnel is open for TENANT events. Special openings of the tunnel may be requested by the TENANT within reason, such requests shall not be denied by CENTER as long as TENANT agrees to provide security. CENTER reserves the right to deny TENANT access to designated locker rooms, office, or any parts of the Five Flags 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 public thirty minutes following completion of game. CENTER will guarantee all other ice usage to end one hour and thirty minutes prior to their scheduled game time. In the event of tournaments overtime, less time may be available. Dubuque Hockey, Inc. Lease No. 3206-018 Page 4 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 usher and security staff for agreed money of the following: 2005-06:= $650.00 per game ~0607-$809:00pcrgGmo'" ~ ?~~S- ~ ?/to/lJ,}" .2QQ708 $1,000.00 por ~J3me.. K#- ~/,.4 S- C J ? /I?--/O)' Target staffing levels are as follows: one house manager three ushers one technical assistant two T -shirt security one police officer two ticket takers one cashier(s) Any additional services (such as followspots, special lighting, etc.) shall be billed as extra costs over agreed fee. Any additional staffing over the target staffing level (such as followspot operators, special 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: five ushers (includes staffing for gates 8, D, and F). two aides for Zamboni operator scorekeeper, announcer, et cetera, as TENANT needs medical personnel (doctor or EMTs) -- available to public one person to staff skaters' entrance TENANT shall provide the names of the above-mentioned volunteer ushers, and Zamboni aides to CENTER no less than one week prior to each qame alonq with qame worksheets. Volunteer ushers will wear a uniform supplied by the CENTER designating them as such, and will report to Five Flags staff room 15 minutes prior to game time, to sign in and be accounted for. If volunteers ushers do not report, Five Flags will call in ushers to cover the required locations and bill TENANT over and above the per game staffing rate at the CENTER billing rate for ushers. Each person supplied by TENANT shall adhere to the M.J.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 Five Flags Center General Manager under the following terms and conditions: Twenty four or more regular season games plus exhibitio~f.la~es may be reserved for a $0.00 deposit for the 2005-06, 4QQe 07, 2007-08 3~El6~). e# 7ff~"- t"d 7(/z/or CENTER will hold additional dates for playoffs and exhibition games with the understanding that they may be challenged by another user group. CENTER will consult with TENANT upon a challenge. All dates reserved for the playoffs will be held according to the normal booking procedure. INDEMNIFICATION TENANT agrees to indemnify, defend against, and hold 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 TENANT) in or about the premises, ways adjoining and parking lots of the Facility, which arises out of any claimed act or neglect of TENTANT, its agents, servants, employees, guests, representatives or person admitted to the premises by virtue of TENANT's use thereof or occurring as a result of the agreement. Dubuque Hockey, Inc. Lease No. 3206-018 Page 5 COPYRIGHT Any and all ASCAP, 8MI, SESAC or other copyright fees applicable to an event will be the full responsibility of the TENANT. 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 TENANTS 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 TENANT 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 TENANT's use of the premises is complete, including the removal of equipment and personnel, at TENANT'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 TENANT or persons acting on behalf of TENANT. Duplicate copies of all insurance policies, certificates of insurance, or binders for insurance must be furnished by TENANT to SMG/FFC with evidence that proper premiums have been paid at least 30 days prior to TENANT 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 policies of SMG and FFCA. The amounts of insurance shall be as follows: 1) Workers' compensation for TENANTS employees on premises imposed under the statutory requirements of the State of Iowa 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. 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 prior to first ice usage. Ice usage will not be allowed until this certificate is received and accepted by CENTER. ADDITIONAL ITEMS 1. Blood borne pathogens. TENANT shall be responsible for removal of sharps, towels, rags, or any aliicle bearing any body fluids relating to its presence in the building, including those related items belonging to the opposing team. 2. Damage to buildinq. 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. Dubuque Hockey, Inc. Lease No. 3206-018 Page 6 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. Orpheum Room. The Orpheum Room will be provided free of charge for the TENANT during scheduled games to used for TENANT booster club. The CENTER shall provide all food and beveraQe items in the Orpheum Room. 11. Maiestic Room. The Majestic Room is available for a fee of $75.00 for the TENANT during scheduled games to be used for TENANT support groups. The CENTER shall provide all food and beverage items in the Majestic Room. Room capacity will be strictly enforced. 12. Advertisinq. CENTER shall make dasher boards available on which TENANT may have exclusive rights to sell advertising with approval by CENTER. TENANT shall pay all costs associated with said advertising. CENTER manager will be included as a signatory on all sponsorship contracts. TENANT shall provide labor to put any advertising logos on dashers, ice sheet and Zamboni. TENANT shall submit to CENTER a copy of the advertising, prior to being displayed, for approval. 13. Distribution of complimentary promotional tickets must be approved by the CENTER, prior to any agreements made with sponsors and lor distribution of such tickets. 14. 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 clean up. IfTENANT 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 season. 15. Any fees owed to Broadcast Music, Inc., ASCAP and SESAC for use of music played during games to be paid by TENANT. . . 16. Center shall not be responsible for lost or stolen items kept in unsecured or unauthorized storage areas. By FOR: SMG/FIVE FLAGS CENTER r~~6E~ 7/rz.JO) I I By Title Title Date Date 'J 1/ hr- '/ / An 1M' MaDa/llJd Facility RATE CARD TYPE OF USAGE Commercial Stage Show, Concert, Speaker Programs, or Sporting Event ARENA 10% of Gross Ticket Sales Minimum $1.100/dav $1,100/day Stage Show, Concert, Sporting Events, or Speaker Proqrams Amateur or Educational Hockev Conventions, Conferences, Parties, Exhibitions, Banquets Move-in, Move-out, Set-up, or Rehearsal $750/game $1,100/day Day of Event NO CHARGE 50% single event! Day Charge (1 day allowed maximum) Fee to Cover Ice Utilities Clean-up $1.000.00 $250 $250 THEATER RENTAL: Commercial Stage Show, Concert, or Speaker Proqram Non-Profit Educational Event BALLROOM 10% of Gross Ticket Sales Minimum $400/dav $400/day N/A $400/day Day of Event NO CHARGE Single event! Day Charge (1 day allowed maximum) $50 $50 10% of Gross Ticket Sales (Minimum $500/dav) $500/day on first day $400/day thereafter in continuous run of same show $150 per day additional charge $20/hour $100 $100 House Manager $13.50 Ushers $10.00 Cashiers $13.50 Police $30.00 EMT $40.00 ADDITIONA. L.CHARGES WILL BE MADE TO USERS SCHEau G E v:~." ~OYS For DUBU ~ FIVE ~GS CENTER For _ __ By . ,y~ By' f TITLE 6 c((/JL /rIItNAtu:-DATE 71,do' TITl*: h2s;"4~ DAT.E -;;k~~ I f AVfv-t: -;;;t.",(/~~/~ s:.. Move-in/Set-up/ Move-out Rehearsal Utilities Clean-up Upper or Lower Promenade Bijou Room Majestic Room Orpheum Room Ice Sheet Stagehand Rigger Security Chief T-Shirt Security $13.50 $16.00 $16.00 $13.50 Technical Director Sound Technician House Electrician Custodian $26.00 $13.50 $26.00 $18.50