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273553 M�HITE - CITY CLERK ��-{YrYy� / r�• ■• ■ PINK - FINANCE COIlI1C11 vVW CANARV - DEPARTMENT G AINT PALTL BLUE - MAYOR File NO. 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 Feyline Presents, Inc. , 8933 E. Union, Suite 250, Englewood Colorado, 80111 , for the purpose of presenting a Dooby Brothers concert at the St. Paul Municipal Stadium, August 17, 1979; subject to the conditions as set forth in said agreement, a copy of which is attached hereto and made a part hereof. COUNC[LME[V Requested by Department of: Yeas Nays .�~ Comnunity Services Hozza [n Favor Hunt I�� � __ Against BY Maddox snoW�- p�G 16 1919 T�esco � Form A rove by Ci y tt ney Adoptes�'�y Counc;rl: Date _ � Cer fied �ed by C un � Sec4etar BY R t#pprov b iW vor: Da A�T7 1�7g APP� � y Mayor for Submiss' o Council � By _ _ B � � ttl8�.ts�s�D AU 6 2 51979 ^ � . AGREEMENT ����`,�-� On this day of , 197 , an agree- ment is hereby made and entered into by and between the CITY OF SAINT PAUL, a munici- pal corporation of the State af Minnesota, hereinafter referred to as "City", and Feyline Presents, Incorporated, a Colorado corporation, located at 8933 East Union, Suite 250, Englewood, Colorado, 80111, hereinafter referred to as "Feyline", upon the following terms and conditions: WITNESSETH: 1. The City agrees to furnish to Feyline the use of the Saint Paul Municipal Stadium, 1000 North Snelling, Saint Paul , Minnesota, hereinafter referred to as "Stadium", on August 17, 1979, for the purpose of staging a musical concer� with an attendance of up to thirty-three thousand (33,000) patrons, by Feyline. The concert will begin at 7:00 P.M. and end at 12:00 q.M. , and it shall be the duty of Feyline, its agents and employees, to see that the Stadium is cleared of those members of the public in attendance by 1:00 A.M.on August 18, 1979. • 2. Feyline agrees to pay to the City of Saint Paul , in consideration of its use of the Stadium, the following: One Thousand and no/100 Dollars ($1,000.00)or seven and one-half percent (72�) of the gross receipts (whichever is greater). The One Thousand and no/100 Dollars ($1,000.00) shall be considered as a guaranteed sum for the date and shall be paid as follows: One Thousand and no/100 Dollars ($1,000.00) by July 27, 1979. Should the gross receipts amount to a sum requiring the payment to the City of the 7Z� share, the One Thousand and no/100 Dollars ($1,000.00) shall be applied against the final accounting. The gross receipts shall be the advance and the general admission sale by Feyline to the public for attendance at the musical concert, except that before the percentage noted is figured, Feyline 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. Feyline 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, Feyline shall pay to the City on August 20, 1979, charges for field light use at $75.00 per hour and any other such items requested and used by Feyline and provided by the City, at such rates then in force. 3. Feyline agrees that the City shall not be liable in damages to Feyline in the event the City is unable to furnish Feyline 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. Feyline shall have the right, upon the execution of this agreement by it and the City, to ingress to and egress from the Stadium effective August 17, 1979, � for the purpose of preparing and erecting staging platforms, installation 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. Feyline 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 rerrroval of items constructed, erected or installed by Feyline. Both Feyline and the City agree that Mr. Roger D. Goski, Manager of Midway Stadium in the Division of Parks, Department of Community Services, shall be the controlling authority as regards any conflict in Feyline's performance of the work noted hereunder, and Feyline agrees to accept his direction to prevent damage, defacement, or permanent alteration of any of the Stadium's facilities. Feyline further agrees, at its own expense, to remove any items it may have installed or erected in accordance with this agreement no later than August 19, 1979, and the City shall provide ingress to and egress from the Stadium for this purpose. - 2 - 5. Feyline 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 Feyline and shall deposit at the office of Co►renunity Services the sum of One Thousand Two Hundred and no/100 Dollars ($1,200.00) no later than July 27, 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 Feyline. 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 Feyline agree that all rights of ingress and egress to and from the Stadium granted to Feyline under this agreement shall be at such reasonable times as decided by said Manager and upon reasonable advance notice to him by Feyline. 6. Feyline 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 Feyline being as follows: a minimum of forty-five (45) portable toilets, which shall be placed and apportioned according to sex, at the sole discretion of the Manager. 7. Feyline agrees to provide a minimum of sixty (60) uniformed security officers from 4:00 P.M. to 12:00 A.M. , or until released, on the concert date. Such security guards will be assigned to the interior of the Stadium for the perform- ance of their customary duties of security, crowd control and crowd direction. - 3 - _ Additionally, Feyline agrees to pay the compensation of sixty (60) uniformed off duty Saint Paul police officers, who shall be assigned to exterior (and interior, if needed) crowd control and direction from 4:00 P.M.to 12:00 A.M. , or until released. It is agreed that such police officers shall be supervised by the super- visory staff of the Saint Paul Police Department; however, all police officers required hereunder shall be deemed employees of Feyline. It is further agreed that Feyline 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 Feyline 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 (3,000) people. The rate of pay shall be at the present rate now in effect and shall be borne by Feyline. Additionally, Feyline shall staff an adquately 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, Feyline shall maintain at the Stadium during the same hours an adequately equipped ambulance vehicle. 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 August 17, 1979, then this agreement shall be void, except that Feyline shall be liable to the City for all moneys owing and due hereunder. 8. The City shall have the exclusive right to sell foodstuffs and soft drinks, subject to the rights of third parties who currently have a contractual agreement with the City to sell foodstuffs and soft drinks. - 4 - 9. Feyline agrees that every person connected with said concert entertainment 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 regulations of the City for the government and management of the Stadium, together with all rules and re- quirements of the Police and Fire Departments of the said City, and will not do nor suffer to be done anything onsaid premises during the term of this agreement in violation of such rules, laws, or ordinances; and if the attention of Feyline is called to such violation or with reasonable care Feyline, its agents and employees should have noted any violation and fail to attempt to correct the same, this agreement shall be void, except that Feyline 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 Feyline or of Feyline's agent, employee, patrons, guests or any person admitted to the Stadium by Feyline, Feyline will pay to the City, upon demand, such sums as shall be necessary to restore said premises to their present condition. Feyline agrees that it will save harmless and defend the City from all claims, judgments, suits, costs, charges, damages, and expense of any nature whatsoever that may accrue to persons or property on accoupt of or arising by reason of the use of the Stadium by Feyline at such times noted in this agreement. In order to give full purpose and meaning to Sections 9 and 10 of this agreement and reasonable assurances to City, Feyline 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 cr wrongful death per individual person, and $1,000,000 liability for each occurrence. Addition- ally, Feyline agrees to provide Workmen's Compensation insurance coverage for all its - 5 - employees as declared hereunder. A certificate of insurance indicating that such insurance has been obtained and paid for by Feyline in the amounts stated in this section and covering the period August 16 through August 20, 1979, in form to be approved by the City Attorney, shall be filed by Feyline in the office of the City Attorney of the City of Saint Paul no later than August 1, 1979. 11. In the event of adverse weather conditions which, in the joint opinion of Feyline and said Manager, render or will render the musical concert unenjoyable to the public, Feyline shall have the right to hold the musical concert on a mutually agreeable date, with the same rights and duties applicable to Feyline and the City as would exist if the musical concert were held on August 17, 1979. 12. The following essential conditions must be fully and completely furnished and provided by Feyline by 2:00 P.M. on August 17, 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 immedi- ate 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. The essential conditions are: (1) Sixty (60) uniformed security guards and sixty (60) uniformed Saint Paul police officers, pursuant to the terms and conditions of paragra� 7 of this agreement. (2) Forty-five (45) portable toilets. (3) A fully staffed first-aid station which shall have as a minimum of one (1) medical doctor and two (2) registered nurses. - 6 - . � . � , . . ��Cd��'.,�"3 13. Both the City and Feyline declare thattt�is 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: FEYLINE PRESENTS, INCORPORATED B,y Its President Form Approved: CITY OF SAINT PAUL � � B ssistant C�ty tt rney a r ector, D rtm t of unity Services Director, Department o Finance and Management Services - 7 - � � . . . . � � i � .. ' � . � . .�-.,::T .... ... ...: 5'.: . .. , : -. .. � � . . . � � . � � . � � ' .. :" • . . , OM Q I.: ZZ/`I9'7S -, � . R�v. � : 9�8,�7�. . EX� TION QF AD�i3MI � '�CI�TE t�R�£RS, �€��� � 'RESOLUT AND _ � Datt: Ju1y 26, 1979 _ �0: �tAYOR GEORGE LATIMER , FR: 'mpmas J. Ke11e � � . RE: Cou�►cil `Resolution. au�Ftarizing agre�ent wfth Feyiir� �eser�t�, 2�rc. �" , ���V�ri„` rir�.�r� . . . . ... . � . � . . . � � . � � . Signature an Council Resolutior� ' ` . . � PVR8t3SE A1�U RA2IqNAL�'' FOR T�II'S�. ACT��l�i: ' ._ ..r.r`r.wir iri� i.wrw.�.rr ir+.rri��:�.1r�.r�.r. . - � �� . � . . -� � pboti� BRas. concert at.Midway StadiUm, August 17,: 1�'!'9 . i .._ .����V.• . . � ' � k'.. .� . .. . . � � Council �esoiutio� . f�py of Ag�� . ___ ':.