273550 WHITE - UTV CLERK -�
PINK - FINANCE G I T A I NT PAU L COUflC1I •}_�x�
CANARY - DEPARTMENT File NO• ��`��o
BLUE - MAVOR
i 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 North Seventh Street, Minneapolis, for the purpose of presenting
a Marshall Tucker concert at the St. Paul Municipal Stadium, on
August 29, 1979; subject to the conditions as set forth in said agreement,
a copy of which is attached hereto and made a part hereof.
COUfVCILMEN Requested by Department of:
Yeas Nays
�....... Communi ty Servi ces
Hozza In Favor
Hunt
� _�__ Against BY
Maddox
Showalter
Tede Form pprove by it Attorney
Adopted by'�Cou il: Date ���
Certi�fe l ssed by Co � Secretary BY �
��_�� ►•
Appro d by av Dat _ AUG 1 Ap o by Mayor for Submi ion#o Cea cil
�
By _ _
�us►+EO AU G 2 51979 "
r , �
�
�
AGREEMENT ������
On this day of , 197 , an
agreement is hereby made and entered into by and between the CITY OF SAINT PAUL, a
municipal 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 Municipal
Stadium, 1000 North Snelling, Saint Paul , Minnesota, hereinafter referred to as
"Stadium", on August 29, 1979, for the purpose of staging of a musical concert by
. Schon. The concert will begin at 7:00 P.M. and end at 12:00 A.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 1:00 A.M. on August 30, 1979.
2. Schon 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 72� 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 Schon to the public for attendance
at the musical concert, except that before the 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 September 3, 1979, charges for field light
use at $75.00 per hour and any other such items requested and used by Schon and pro-
vided by the City, at such rates then in force.
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 August 28, 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 pubTic. The City is not respon-
sible 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 Community 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, deface-
ment, or permanent alteration of any of the Stadium's facilities.
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 September 1,
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
- 2 -
concert and those areas used by Schon, and shall deposit at the office of Community
Services the sum of One Thousand T«o 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 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 minimum of forty-five (45)
portable toilets, which shall be placed and apportioned according to sex, at the
sole discretion of the Manager.
7. Schon agrees to provide a minimum of fifty(50) 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 performance of their
customary duties of security, crowd control and crowd direction. Additionally,
Schan agrees to pay the compensation 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 4:00 P.M. to 12:00 A.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 police officers required hereunder shall be
deemed employees of Schon.
- 3 -
, , ,
� It is further agr��j:ed that Schon will pay to the City a sum equal to the total
wages the City would p;� y to such police officers at the rate now in effect. At the
discretion of the Mana�;�pr of Midway Stadium and by mutual agreement with Schon
should the advance sal� 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 ad-
ditional police officer•� in the ratio of fifty (50) police officers to fifteen
thousand (15,000) , or c�-�e (1) police officer per three thousand (3,000) people.
The rate of pay shall t�: at the present rate now in effect and shall be borne by
Schon.
Additionally, Scho-� shall staff an adequately equipped first-aid station at
the Stadium, staffed wi�h 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 ��me hours an adquately equipped ambulance vehicle.
Said Manager shall �e the controlling authority and sole judge as to the
adequacy of all things r:ntioned 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 29, 1979, then this agreement shall be void, except that Schon 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.
9. Schon agrees that every person connected with said concert entertainment
ar 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 S�tate 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 require-
ments of the Police and Fire Departments of the said City, and will not do nor
suffer to be done anything on said premises during the term of this agreement in
I
- 4 -
violati�n of such rules, laws, or ordinances; and if the attention of Schon is
called �o such violation or with reasonable care Schon, its agents and employees
should �ave 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 from 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.
In order to give full purpose and meaning to Sections 9 and 10 of this agree-
ment 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 cover-
ing liability for property damage, $300,000 covering liability for injury or wrong-
ful death per individual person, and $1,000,000 liability for each occurrence.
Additionally, Schon agrees to provide Workmen's Compensation insurance coverage in-
dicating 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 arnounts stated in this section and covering the period August 28
through Sept. 1,1979,in form to be approved by the City Attorney, shall be filed by
Schon in the office of the City Attorney of the City of Saint Paul no later than
July 15, 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
- 5 -
, • • �
agreeable date, vr�th the same rights and duties applicable to Schon and the City as
�rould exist if the musical concert were held on August 29, 1979.
12. The following essential conditions must be fully and completely furnished
and provided by Schon by 2:00 P.M. on August 29, 1979, and it is agreed that non-
fulfillment of any of the followin� 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) Fifty (50) uniformed security guards and fif�Gy (50) unifot°med Saint Paul
police officers, pursuant to the terms and conditions of paragraph 7 of
this agreement.
(2) Forty-five (45) 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 declare 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, ex-
cept as noted in Section 9 hereof.
- 6 -
_ • � , .
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the
the day and year first above written.
In Presence of: SCHON PRODUCTIONS
By
Its President
Form Approved: CITY OF SAINT PAUL .
� ,� �
c_/—� — By .
Assistant City ttorney
irector, Department of Community D�rector, Department of Finance and
Services Management Services
- 7 -
_ _ _ , F _.
�_�� � � � ������ � , ..
4' '.
�/�}��f �y! �
.....� . '� � : 9 <' � . .. ; �f�'Z ��� ���i��� „ . '�"u� �
•%
�Vli, �/f���"�i „ ,�
L . I' G� ADM�IIST '.�Z'�T'E 4 RS,
, AND Y . " . ,
Dates Ju1y 27`, Y979 ,
;
TO s 1�SAYOR G£fJRGE LaATIMER - �;
�: Thanas J. iGel1ey � .
�= Council Resolutian au��ar�#zi`ng agr��:nL w�ith �ch� Prodct���tr�, �n�.,� ;
. �;
f _
1�CT'�!t REQt3�STED: • � _
�M��i��!lrrr�.�Mi��r�i�r� . . . . . ;; � . . .
. . . . . t...:. _ . . . . . . . , . .
App�val of Council R�esolution ; : _ , ;
�
: ,_,
FU�tPaSE' :AND R�1TI8NAL� F0� T`Fi25 ACTIflN: � . - -
�..._�, �_.._� . .�.. ..� ,..�...�.....�..._..
, � `
. �.��a11 Tucker cvr�c�rt a� (�c�ra;Y ���dtum on Rugu�t 29, �479
ATTAC��ITS:' ;
-- _ _ . ;
;
� � � �� � � � � � � � � ��'
� , ,��