273161 WHITE - CI7V CLERK ��(����'
PINK - FINANCE GITY INT PAUL COUIICII S
CANARV - DEPARTMENT
BLUE - MAVOR File NO. �
ci Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the proper City officials are hereby authorized and
directed to enter into a lease agreement with Schon Productions, Inc. ,
100 No. Seventh Street, Minneapolis, for the purpose of presenting a
Beach Boys concert at the St. Paul Municipal Stadium, on July 1 , 1979,
subject to the conditions as set forth in said agreement, a copy of
which is attached hereto and made a part hereof.
COU[VC[LMEN Requested by Department of:
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t�pproved by � Date UN 2 1 1979 Approved by Mayor for ubmission to Council
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. EXPLANA�ION OF 1�DMINISTRATTPE 4RD , ,����
LOT ON , AND ORDINAN S
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Date: June 6, 1979 �E � � �� E �
� � JIJN 8 1979 . �
T0: MAYt}R C:EORGE LATIMER �AAYO�'s O�
...
� FR: Thomas J. Kelley
RE: Council Resolution authorizing agreement with Schon Productio�s, INc.
ACTIQN R£QUESTED: �
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Apprvval of Council Reso1ution
PQRPOSE AND RATICN'ALE FOR TBIS ACTION:
,_ Authorize Schon Productions, Inc. , to present Beach Boys concert
at Midway Stadium on July 1 , 1979 .
AT�+,C�S: -
Council Reso�ution �
Agre�nent � � �
Copy of i.nsurance ,
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,..; . .
' AGREEMENT �`����
On this day of , 197 , an agreement
is hereby made and entered into by and between the CITY OF SAINT PAUL, a munici-
pal corporation of the State of Minnesota, hereinafter referred to as "City",
and Schon Productions, a Minnesota corporation, located at 100 North Seventh
.
Street, Suite 415, Minneapolis, Minnesota, hereinafter referred to as "Schon",
upon the following terms and conditions:
,
WITNESSETH:
1. The City agrees to furnish to Schon the use of the Saint Paul Munici-
pal Stadium, 1000 North Snelling, Saint Paul , Minnesota, hereinafter referred
to as "Stadium", on July 1, 1979, for the purpose of staging of a musical
concert by Schon. The concert will begin at-�=�8�p M. and end at 10:00 P.M. ,
and it shall be the duty of Schon, its agents and employees to see that the
Stadium is cleared of those members of the public in attendance by 11:00 P.M,
on July 1, 1979.
2. Schon agrees to pay to the City of Saint Paul , in consideration of
its use of the Stadium, the following: One Thousand One Hundred and no/100
Dollars ($1,100.00) or seven and one-half percent (7�%) of the gross receipts
(whichever is greater). The One. Thousand One Hundred and no/100 Dollars
($1,100.00) shall be considered as a guaranteed sum for the date and shall be
paid as follows: One Thousand One Hundred and no/100 Dollars ($1,100.00) by
April 27, 1979. Should the gross receipts amount to a sum requiring the pay-
ment to the City of the 7�% share, the One Thousand One Hundred and no/100
Dollars ($1,100.00) shall be applied against the final accounting. The gross
receipts shall be the advance and the general admission sale by Schon to
the public for attendance at the musical concert, except that before the
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percentage noted is figured, Schon may deduct from the figure representing
the gross receipts only an amount equal to the sum due and owing by it to the
State of Minnesota for sales tax. Schon shall , on the last named date,
present to the City its original records concerning all money received by it
in connection with such concert.
.
Also, Schon shall pay to the City on July 6, 1979, �harges for field
light use at $75.00 per hour and any other such items requested and used by �
Schon and provided by the City, at such rates then in force.
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3. Schon agrees that the City shall not be liable in damages to Schon,
in the event the City is unable to furnish Schon with the use of the Stadium
by reason of fire or Acts of God which would render the performance of this
agreement by the City impossible.
4. Schon shall have the right, upon the execution of this agreement by
it and the City, to ingress to and egress from the Stadium effective June 30,
1979, for the purpose of preparing and erecting staging platforms, installa-
tion of electrical equipment, structures and devices as are reasonably necessary
for the proper audio and visual enjoyment of the musical concert by the public.
The City is not responsible for providing any equipment, structures, materials,
labor or personnel for the fulfillment of the work described in this section.
Schon shall not alter or permit to be altered the existing structure of the
. Stadium in any manner that would result in the Stadium being permanently defaced,
damaged or altered after the removal of items constructed, erected or installed
by Schon.
Both Schon and the City agree that Mr. Roger D. Goski, Manager of Midway
Stadium in the Division of Parks, Department of Comnunity Services, shall be the
controlling authority as regards any conflict in Schon's performance of the work
noted hereunder, and Schon agrees to accept his direction to prevent damage, de-
facement, or permanent alteration of any of the Stadium's facilities.
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Schon further agrees, at its own expense, to remove any items it may
have installed or erected in accordance with this agreement no later than
July 2, 1979, and the City shall provide ingress to and egress from the Stadium
for this purpose.
5. Schon also agrees that it will pay for the complete cleaning and
.
refuse collection of all areas of the Stadium used by the public attending the
musical concert and those areas used ,�by Schon, and shall deposit at the office
,
of Corr�nunity Services the sum of Eight Hundred and no/100 Dollars ($800.00) no
later than May 4, 1979, and agrees to pay the City an additional sum of money
necessary to reimburse the City for the cleaning and refuse collection of the
Stadium. Should the City spend less than the sum mentioned in this section,
the City shall refund the difference to Schon.
None of the work mentioned in this section shall be construed to include
the work mentioned in Section 4 of this agreement, for it is understood that
the work contemplated by this section includes the cleaning and collection of
rubbish, which terms include, by way of illustration and not limitation, items
such as paper, bottles, cans, and foodstuffs.
Both the City and Schon agree that all rights of ingress and egress to
and from the Stadium granted to Schon under this agreement shall be at such
: reasonable times as decided by said Manager and upon reasonable advance notice
to him by Schon. . .
6. Schon agrees to provide portable toilet facilities in the field area
and outside of the Stadium at its own expense, and the City will provide access
to its permanent toilet facilities in the Stadium on the concert date, with
the number of facilities to be provided by Schon being as follows: a mini-
mum of fifteen (15) portable toilets, which shall be placed and apportioned
according to sex, at the sole discretion of the Manager.
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7. Schon agrees to provide a minimum of fifty (50) uniformed security
officers from 2:00 P.M. to 10:00 P.M. , or until released, on the concert
date. Such security guards will be assigned to the interior of the Stadium
for the performance of their customary duties of security, crowd control and
.
crowd direction. Additionally, Schon agrees to pay the compen�ation of fifty
(50) uniformed off duty Saint Paul police officers, who shall be assigned to
exterior (and interior, if needed) crowd control and direction from 2:00 P.M.
to 10:00 P.M. , or until released. It is agreed that such police officers shall
be supervised by the supervisory staff of the Saint Paul Police Department;
however, all ��olice officers required hereunder shall be
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deemed employees of Schon.
It is further agreed that Schon will pay to the City a sum equal to the
total wages the City would pay to such police officers at the rate now in
effect. At the discretion of the Manager of Midway Stadium and by mutual
agreement with Schon should the advance sale of tickets indicate that more
than fifteen thousand (15,000) people are going to be in attendance, the
Manager shall have the right to hire additional police officers in the ratio
of fifty (50) police officers to fifteen thousand (15,000), or one (1) police
officer per three thousand (3,qti0)� people. The rate of pay shall be at the
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present rate now in effect and shal l be borne by Schon; �� ,�� '�'��.�.:.�. � t" w�,�-- ��: 'y ���'�
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Additionally, Schon shall staff an adequately equipped first-aid station
at the Stadium, staffed with two (2) registered nurses and a minimum of one
(1) licensed medical doctor during the concert hours. Also, Schon shall
maintain at the Stadium during the same hours an adequately equipped ambulance
vehicle.
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Said Manager shall be the controlling authority and sole judge as to the
adequacy of all things mentioned in this section, and if all things enumerated
in this section are not fulfilled, in said Manager's opinion, no later than
2:00 P.M. on July 1, 1979, then this agreement shall be void, except that
Schon shall be liable to the City for all moneys owing and due hereunder. L,:�
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8. The City shall have the exclusive right to sell foodstuffst�and�soft
� drinks, subject to the rights of third parties who currently have a contractual
agreement with the City to sell foodstuffs and �oft drinks.
9. Schon agrees that every person connected with said concert entertain-
ment or related purpose for which the Stadium is rented shall abide by, conform
to and comply with all of the laws of the United States and the State of
Minnesota, and the ordinances of the City of Saint Paul and the rules and regu-
lations of the City for the government and management of the Stadium, together
with all rules and requirements of the Police and Fire Departments of th e said
City, and will not do nor suffer to be done anything on said premises during
the term of this agreement in violation of such rules, laws, or ordinances; and
if the attention of Schon is called to such violation or with reasonable care
Schon, its agents and employees should have noted any violation and fail to
attempt to correct the same, this agreement shall be void, except that Schon
shall still pay to the City all moneys due hereunder.
10. During the term of this agreement, if the Stadium should be damaged
through the act, default or negligence of Schon or of Schon's agent, employee,
patrons, guests or any person admitted to the Stadium by Schon, Schon will pay
to the City, upon demand, such sums as shall be necessary to restore said
premises to their present condition.
Schon agrees that it will save harmless and defend the City fmm all
claims, judgments, suits, costs, charges, damages, and expense of any nature
whatsoever that may accrue to persons or property on account of or arising by
reason of the use of the Stadium by Schon at such times noted in this agreement.
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In order to give full purpose and meaning to Sections 9 and 10 of this
agreement and reasonable assurances to City, Schon agrees to obtain insurance
naming the City as a co-insured, and such insurance shall provide a minimum
of $100,000 covering liability for property damage, $300,000 covering liability
for injury or wrongful death per individual person, and $1,000,000 liability
' for each occurrence. Additionally, Schon agrees to provide Workmen's Compensa-
tion insurance coverage indicating complete statutory coverage for all its
employees as declared hereunder. A Certificate of insurance indicating that
such insurance has been obtained and paid for by Schon in the amounts stated
in this section and covering the period June 30 through July 2, 1979, in form
to be approved by the City Attorney, shall be filed by Schon in the office of
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the City Attorney of the City of Saint Paul no later than �4a�, 1979.
11. In the event of adverse weather conditions which, in the joint opinion
of Schon and said Manager, render or will render the musical concert unenjoyable
to the public, Schon shall have the right to hold the musical concert on a
mutually agreeable date, with the same rights and duties applicable to Schon and
the City as would exist if the musical concert were held on July 1, 1979.
12. The following essential conditions must be fully and completely furnished
and provided by Schon by 2:00 P.M. on July 1, 1979, and it is agreed that non-
fulfillment of any of the following conditions, deemed essential for the protection
of the safety and health of the citizens of the City, shall be cause for the im-
mediate termination of this agreement, and it is further agreed that the Manager
of said Stadium shall be the sole authority and judge regarding their fulfillment.
If, in the sole opinion of said Manager, any of the following conditions are not
fulfilled, he may verbally terminate this agreement, and no liability shall be
imposed on the City for said exercise of his judgment.
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The essential conditions are:
(1) Fifty (50) uniformed security guards and fifty (50) uniformed Saint
Paul police officers, pursuant to the terms and conditions of para-
graph 7 of this agreement. .
(2) Fifteen (15) portable toilets.
� (3) A fully staffed first-aid station which shall have as a minimum
one (1) medical doctor and two (2) registered nurses.
13. Both the City and Schon decliare that this agreement alone declares
and asserts the rights and responsibilities of both parties for the times
stated herein, without reference to any other document or statement, and
neither party will assert the existence of any other document or statement in
dispute of this agreement, except as noted in Section 9 hereof.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on
the day and year first above written.
In Presence of• SCHON PRODUCTION
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Form Approved: CITY OF SAINT PAUL
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B�
ssistant ty ttorney Mayor
,:�
rec or, De tm t Comm y D�rector, Department of inance
Services and Management Services
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