271382 WH17E - CITV CLERK ����,���
PINK - FINANCE GITY OF SAINT PAUL Council
CANARY - DEPARTMENT
BLUE - MAVOR File NO. •
C un 'l R olution
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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
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,��. 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
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�uBtisHEO �UL 151978
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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.
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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
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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
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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
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' nt Cityr�yt�o ne�r�'" '. Mayor
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MUSICSPHERE PRODUCTION By
Director,
Dept. of Community Services
By
Its
By
D�rector,
Dept. of Finance and t+fanagement Services
By
Its
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