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271382 WH17E - CITV CLERK ����,��� PINK - FINANCE GITY OF SAINT PAUL Council CANARY - DEPARTMENT BLUE - MAVOR File NO. • C un 'l R olution . 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 an agreement with Musicsphere Productions for the provision of an outdoor music performance starring Waylon Jennings on Saturday, July 22, 1978, from 2 p.m. to 6 p.m. , at Midway Stadium, subject to the terms and conditions of said agreement, a copy of which shall be kept on file in the Department of Finance and Management Services. COUNCILMEN Yeas Nays Requested by Department of: sUter �� � Communit Services o za [n Favor t H°aa � L ine NuM � _ __ Against Y R ler �, S lve ter g�s� T desc T�esco �j �97a ,��. Form Approved b City Atto ey Adopt y�Coun il: Date — ertifie ._ed by C il/Secret BY- Appr d by :Vlavor. Da JUL r! �978 Approved by Mayor for Submission to Council gy By � J�i'r'�'`i . �uBtisHEO �UL 151978 � , �'. . ���`��� AGREEMENT This Agreement, Made and entered into this day of , 1978, by and between the CITY OF SAINT PAUL, Minnesota, hereinafter referred to as "City," and MUSICSPHERE PRODUCTIONS, hereinafter referred to as "Musicsphere"; WITNESSETH: IT IS MUTUALLY AGREED BY AND BETWEEN THE CITY AND MUSICSPHERE AS FOLLOWS: 14 That the City hereby leases and lets to Musicsphere the City's Midway Stadium for the presentation by Musicsphere of an outdoor music performance starring Waylon Jennings on Saturday, July 22, 1978, from the hours of 2:00 p.m. to 6:30 p.m. � 2. That Musicsphere authorizes the City to act as its hiring agent . for the purpose of retaining fifty-one (51 ) security guards who shall work under the direction and control of the City for the purposes of crowd control . Further, it is acknowledged by Musicsphere that such security guards retained by the City on its behalf are at all times the employees of Musicsphere. ��. That Musicsphere agrees to retain and hire an internal security force of at least twenty-five (25) persons who shall be on duty in the interior of said stadium for the hours of 12:00 p.m. to 7:00 p.m. on July 22, 1978. 4. That Musicsphere will retain and hire one (1 � licensed medical doctor and two (2) nurses to be at the stadium and, further, provide such emergency ambulance transportation as is needed to provide emergency medical treatment between the hours of 1 :00 p.m. and 6:30 p.m. on July 22, 1978. -1- I ,��. `,��� � ��,� 5. That Musicsphere will provide at its own expense sixteen (16j portable toilets to be located in the interior of said stadium as City may direct, said toilets to be installed no later than 8:00 a.m. on July 22, 1978. 6. That Musicsphere will provide and erect snow fencing around the perimeter of said stadium no later than 6:00 p.m. July 21 , 1978, and such snow fencing shall be placed and located under the City's direction and control for the purposes of traffic and patron management. � 7. That Musicsphere shall pa�y for the clean up of said stadium after the performance of the ot�tdoor music presentation, and the cost of such clean up shall not exceed the sum of Six Hundred Fifty and No�100 ($650.00) Dollars, and said sum may be deducted by the City from gate receipts collected at said stadium. 8. That Musicsphere will , no later than July 13, 1978, de- posit with the City the sum of Six Thousand Four Hundred Fifty and Ho�100 .($6,450.00)Dollars, Seven Hundred Fifty and No/100 ($750.00) Dollars of said sum being a fidelity deposit by Musicsphere and a credit to it against the pe�centage payable by Musicsphere to the City as hereinafter referenced. The remaining Five Thousand Seven Nundred and No/100 ($5,700.Q0� Dollars shall be used by the City to p�y the t�ages of the fifty-one security guards above referenced, but ir� no event shall the total wages of said security guards exceed said sum. 9. That Musicsphere will indemnify and hold the City harmless against any and all claims of whatever kind or nature and as may _2_ � ' � r , � . ���,��,� ,� be occasioned by the alleged negligence of the City or Musicsphere in the conduct of their mutual operations under this lease. In order to give this indemnification full force and effect, Music- sphere agrees to provide the City, at Musicsphere's expense, public liability insurance in the amount of One Million �$1 ,000,000.00� Dollars; property damage insurance in the amount of Fifty Thousand ($50,000.00) Dollars; and Workers' Compensation Insurance in the prescribed statutory limits, and said insurance shall name the City as a co�-insured thereon and cover the mutual operations of the City and Musicsphere relating to the performance. Said insurance shall be filed with the City Attorney no later than July 13, 1978. 10. That the City will provide, at its own expense, six (6) ticket selaers who shall be authorized by Musicsphere to conduct gates sales for said performance. Musicsphere shall furnish a mutually agreeable supply of tickets for said gate sales to the City no later than 4:00 p.m. July 21 , 1978. 11 . That in consideration of this lease, Musicsphere agrees to pay to the City, excluding the sums referenced in paragraph 8, seven and one-half (72%) percent c�" the gross receipts of all ticket sales to said Music Performance regardless of where said tickets are sold. Musicsphere agrees to submit to the City such an itemized accounting of all gross receipts as the City deems appropriate in order to accurately compute the percentage payable by Musicsphere to the City. 12. That in the event the performance cannot be held July 22, 1978, the City agrees to furnish the use of its stadium under -3- � - . � 2'�_�:�;�� the same terms and conditions as herein recited on a mutually agreeable date, but no later than August 27, 1978. 13. That all parking receipts belong to the City, without any interest or claim by Musicsphere. 14. That Musicsphere shall be entitled to sell beer at said stadium, subject to Musicsphere contracting a lawful arrange� ment with a duly licensed beer seller. 15. Musicsphere or its agent shall be entitled to sell souvenirs at stadium provided that Musicsphere shall obtain all necessary licenses and shall be bound by all City regulations concerning said sales. 16. The City or its agent shall be entitled to operate all other concession stands and all receipts shall belong to the City. IN WITNESS HEREOF, The parties have set their hands the date first a6ove written and to be inserted by the City's Department of Comnunity Services. GITY OF SAINT PAUL Approved as to form: By t ,f � � '� ,i ' nt Cityr�yt�o ne�r�'" '. Mayor i , MUSICSPHERE PRODUCTION By Director, Dept. of Community Services By Its By D�rector, Dept. of Finance and t+fanagement Services By Its _4_