HomeMy WebLinkAboutResolution - 2004-R0298 - Lease Agreement - Auditorium-Coliseum Use South Plains Professional Hockey Club - 06/29/2004RESOLUTION
Resolution No. 2004-R 0298
June 29, 2004
Item No. 40
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Lease Agreement and any associated
documents for use of the Auditorium-Coliseum for professional hockey activities by and
between the City of Lubbock and the South Plains Professional Hockey Club, Ltd., a copy
of which License Agreement is attached hereto and which shall be spread upon the
minutes of this Council and as spread upon the minutes of this Council shall constitute
and be a part hereof as if fully copied herein in detail.
Passed by the City Council this 29th day of _____ J_un_e__. ____ , 2004.
ATTEST: /
Dbo~, .. ~ ~arza, City Secretary ~
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:,
DDres/HockeyLeaseRes
June 16, 2004
LEASE AGREEMENT
LUBBOCK MUNICIPAL COLISEUM
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
Resolution No. 2004-R0298
June 29, 2004
Item No. 40
This Agreement is made and entered into this 29th day of June , 2004, in
the City of Lubbock, Lubbock County, Texas, by and between the City of Lubbock, a municipal
corporation of the State of Texas, (hereinafter called "CITY") acting by and through its Mayor
and other designated representatives, South Plains Professional Hockey Club, Ltd. a limited
partnership (hereinafter called "LESSEE").
Whereas, it is a public purpose of the CITY to operate the Coliseum and to have regularly
scheduled events therein for the public; and
Whereas, the LESSEE desires to the use of the Coliseum to conduct professional ice
hockey games, practices, recreational ice programs, camps and other related ice events at the
Coliseum, which events will provide an economic development benefit to the CITY by bringing
sports visitors to Lubbock and the surrounding area; and
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:
1) PREMISE. That upon the terms and conditions herein expressed and in consideration
of the covenants and agreements herein expressed and of the faithful performance by the
LESSEE of all such covenants and agreements, the CITY does hereby grant unto the LESSEE the
right to use and occupy the CITY of Lubbock, Texas Municipal Coliseum (hereinafter called the
"Coliseum""), for the purpose of professional ice hockey games, practices, recreational ice
programs, camps and other related ice events and for no other purpose without the written
consent of the CITY. "Coliseum" shall be deemed to include use of associated available dressing
rooms. Storage areas will be available to LESSEE on an "as available basis" as determined by the
Civic Centers Director. This is a non-exclusive agreement and is subject to the Operational
Policies hereto attached as Exhibit A. The CITY reserves the right to schedule other ice-related
events during the hockey season, however the LESSEE will have the exclusive right to present a
professional hockey season in the Coliseum.
2. TERM.
a. The term of this Agreement shall be for a period beginning September 1, 2004 and
ending April 30, 2005. LESSEE shall have the use of the Coliseum for professional ice hockey
games and practices during the term of this Agreement beginning September 1, and ending
March 15, of each year, which time period shall be hereafter referred to as the "SEASON," and,
if necessary for playoffs, an extended time period beginning March 16, and ending April 30, of
each year, hereafter referred to as "POST SEASON." LESSEE'S use of the Coliseum for
professional ice hockey games and practices during a SEASON or POST SEASON shall be
subordinate to any pre-existing Agreement of the Coliseum for any time period during a
SEASON or POST SEASON. CITY shall make every reasonable effort to guarantee a minimum
of thirty (30) game dates during a SEASON, the specific dates being subject to availability of the
Coliseum as noted above.
3. OPTION TO RENEW. If no event of default on the part of LESSEE exists
hereunder and if the CITY determines that the Coliseum will remain operational, LESSEE shall
have the option to renew and extend the term of this Agreement on an annual basis for an
additional four (4) seasons beginning September 1, 2005, and ending April 30, 2009, under the
established terms and conditions of this Lease Agreement in effect at the time of the exercise of
such options. Said option shall be exercised by LESSEE by way of written notice to CITY not
less than five (5) months prior to September 1, 2005, and each year thereafter of its intent to
renew and extend for an additional period.
4. RENT.
a. LESSEE hereby covenants and agrees to pay to CITY, without demand at its
office in the Civic Center, for the use of said Coliseum, the sum of $1,950 per game for all
hockey games (including exhibition games, regular season games, and play-off games) and
agrees to pay to CITY on demand any and all sums which may be due to CITY for additional
services. LESSEE understands and agrees LESSOR has the right and privilege to alter rates for
services, per its discretion and established policy. LESSEE agrees that the Civic Centers
Director, in case of failure to pay any additional sum due to CITY, may deduct from the box
office receipts belonging to LESSEE, a sufficient amount to pay said additional sums to CITY.
b. LESSEE may operate a youth or amateur ice hockey program, skating school,
public skating or practice for other Central Hockey League teams. Rent for use of the facility
will be charged at no charge. Days and times shall be agreed upon between the LESSEE and the
Civic Centers Director and shall be subject to building availability. LESSEE shall insure that the
facility is properly secured following these activities and the appropriate lights are turned off.
c. Practices will be subject to building availability. On non-game days, LESSEE
will be given full access to the Coliseum for itself and for practice purposes for other CHL teams.
Rent for the use of the facility for practices will be at no charge. LESSEE shall insure that the
facility is properly secured following these activities and the appropriate lights are turned off.
d. LESSEE may wish to present and promote other events, including but not limited
to ice related touring events or concerts. Use of the Coliseum will be subject to availability and
will be subject to the established rental rates and ticketing fees charged to other promoters and
that are in effect at the time the event is scheduled. The standard facility contracts will be
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executed in these instances. ·The CITY reserves the right to schedule, promote, or produce other
professional ice events such as "Disney on Ice", "Champions on Ice", or other skating or ice
shows.
e. LESSEE may useJhe Auditorium Stage for VIP receptions on an "as available"
basis at no charge. Should the CITY have the opportunity to lease the Auditorium for another
event, the event shall take precedence and the Auditorium Stage would not be available for
LESSEE'S use.
f. Rent and all other sums due to the CITY shall be paid by LESSEE as a part of the
settlement on ticket sales and no later than the 1 oth business day following the use of the
Coliseum by LESSEE.
7. GAME REQUIREMENTS.
a. LESSEE shall file with the Civic Centers Director's office at least ninety (90)
days prior to the beginning of each SEASON, a full and detailed outline of all dates the Coliseum
will be requested, and such other information as may be required by the Civic Centers Director
concerning LESSEE's activities. LESSEE will work with all parties in a cooperative manner in
scheduling dates. LESSEE will make every effort to file date requests with the Civic Centers
Director as early as possible so that the CITY can maximize its utilization of the Coliseum for
other events.
b. LESSEE acknowledges that there are certain annual events that will continue to
take place in the Coliseum and shall have priority scheduling. The CITY reserves the right to
rent the Coliseum for these events during the term of this agreement provided such Lessees
reserve their dates at least one (1) year in advance. The CITY reserves the right to bump
practices, other than game day practices, should a major event be scheduled. The CITY will
define what constitutes a major event.
8. SCHEDULE DATE. A minimum of thirty (30) home games shall be scheduled
between October 1 and March 15 during each SEASON this Agreement is in force or during any
extension thereof Existing holds for events scheduled prior to the date of this Agreement or an
extension thereof will not be release.d by the Coliseum. Pre-season game dates shall be
scheduled after September 1 each season and post-season playoff dates for each year, as
appropriate, will be held between March 15 and April 30. The Coliseum shall tentatively reserve
available playoff game dates pending notification of non-necessity. However, LESSEE agrees to
advise as soon as practicable each year if these reserved playoff game dates are unnecessary so
that other events may be scheduled. LESSEE may not use the ice floor for any other purpose
than the presentation of professional hockey games and practices unless written permission is
given by the Civic Centers Director.
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9. PRACTICE SCHEDULE.
a. The COLISEUM will be made available to LESSEE not later than 2:00 p.m. on
each non-game day for practice and will be made available earlier if practicable.
b. Any additional practice days shall be in accordance with the following guidelines:
1) Due to other events that may be scheduled, practice time other than on day
of game may be limited. Availability shall be determined by the Civic Centers Director
who shall consider the impact on the Coliseum schedule as it relates to meeting program
schedules in a cost effective manner and minimizing operational problems and adverse
relationships with other Coliseum users.
2) All requests for available practice sessions for a home or visiting team at
the Coliseum shall be submitted to the Civic Centers Director or his/her authorized
representative for review and written approval at least 7 days in advance, Monday
through Friday -8:00 a.m. to 5:00 p.m. NO UNAUTHORIZED PRACTICES WILL BE
PERMITTED.
c. If the Coliseum is required to make a standard ice hockey set-up for any special
practice when the set-up would not ordinarily have been in place, an additional charge of the
actual costs to change from non-ice to ice and back to non-ice will be made.
10. SPECIAL PROGRAMS. Subject to prior written approval of the Civic
Centers Director for each special program, LESSEE shall have the right to engage in special
programs, if in its judgment, such efforts will be mutually beneficial and may significantly
increase gross ticket sales, total attendance, or be advantageous from an advertising, goodwill,
and publicity point of view. Written notification as to the details of such special programs shall
be submitted to the Civic Centers Director at least ten (10) days prior to the promotion. Any and
all costs associated with presenting the programs shall be at the LESSEE's expense.
11. GAME DAY ACTIVITIES. To assure proper sequencing of activities on game
days, LESSEE shall present a game day schedule forty eight (48) hours in advance of the game
starting time to assist in providing optimum operational services required under this Agreement.
LESSEE shall have access to the ice floor from 9:00 a.m. to Midnight on game days for practice
and the game.
12. QUIET ENJOYMENT.
a. CITY shall permit LESSEE to peaceably and quietly have and
enjoy the use of the Coliseum hereinabove specifically described for the purpose and for the term
aforesaid, including corridors necessary to accommodate patrons, and restroom conveniences
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customarily open to the general public. LESSEE understands and agrees that other ice programs
may take place on the PREMISES.
b. Neither the halls nor ramps of the building or surrounding premises, nor the
sidewalks, entrances or lobby thereof shall be obstructed by LESSEE nor used for any other
purposes than ingress or egress, and LESSEE will not permit any chairs, movable seats or other
obstructions to be or remain in the passageways, and will keep such passageways clear at all
times.
13. CONTROL OF PREMISES. CITY, through its Civic Centers Director, police
officers, fire fighters, and other designated representatives, shall have the right at any time to
enter any portion of the Coliseum for any purpose whatsoever and the entire building, including
the Coliseum expressly covered by this Agreement, shall at all times be under the charge and
control of the Civic Centers Director.
14. ASSIGNMENT. LESSEE shall not assign this Agreement, or any part thereof,
nor allow or permit any use of said Coliseum other than herein specified, without the prior
written consent of the CITY. For the purposes of this Agreement, assignment shall mean
assumption of the assets of LESSEE by any person, association or entity by any means.
15. DELAY IN DELIVERY OF POSSESSION. IfCITY is unable to deliver
possession of the Coliseum by the date specified for the commencement of any PRE SEASON,
SEASON, POST SEASON or any option period as a result of causes beyond CITY's reasonable
control, CITY shall not be liable for any damage caused for failing to deliver possession, and this
Agreement shall not be void or voidable. The term of this Agreement shall not be extended by
any such delay.
16. FAILURE TO TAKE POSSESSION. If the LESSEE, being entitled to possession
hereunder, shall fail for any reason to take possession of or use the Coliseum, without the prior
written consent of CITY, no rent refund shall be made and any payment made to CITY shall be
taken by CITY as liquidated damages; and the full rent called for by this Agreement, including
any disbursements or expenses incurred by CITY in connection herewith, shall be payable by the
LESSEE to the CITY.
17. LOCKS; KEYS. No additional locks or bolts of any kind shall be placed on any
of the doors or windows by LESSEE. LESSEE shall, on the termination of LESSEE'S tenancy,
deliver to CITY all keys to any space within the Coliseum, either furnished to or otherwise
procured by LESSEE, and in the event of the loss of any keys furnished, LESSEE shall pay to
CITY the cost of the keys.
18. OPENING HOURS. LESSEE must open the doors for activities and games as
scheduled unless otherwise agreed upon as necessity indicates. One hour prior to Professional
Hockey Game time shall serve as a minimum for opening doors.
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19. CONDUCT OF PLAYERS. Conduct of players should not be such as to
deliberately incite or entice patrons to leave their seats, or tend to create hazardous,
uncontrollable crowd situations. Conduct of players should not be such as to cause deliberate
damage to the facility or injury to others.
20. EQUIPMENT ENTRANCE. All articles, equipment, fixtures, materials, etc., of
LESSEE shall be brought into or out of the building and surrounding premises only at such
entrances as may be designated by the Civic Centers Director.
21. TICKETING.
a. LESSEE agrees to utilize Select-a-Seat in connection with the sale of tickets to all
events sponsored, co-sponsored or produced by the LESSEE. Terms of such use will be outlined
in a separate box office agreement with Civic Lubbock, Inc., which will be executed prior to the
beginning of each season.
b. Ticket prices will be set by the LESSEE at the beginning of each hockey season and
may be changed annually prior to the start of each hockey season. Ticket prices may also be
changed during a season for special promotional events and/or to accommodate special group
events. Written notification of ticket prices shall be given to Coliseum management prior to
tickets going on sale.
22. SEATING. Seating capacity for ice hockey in the Coliseum is established at
7,185 seats. No additional seating may be added without prior approval of the Civic Centers
Director and the Fire Marshall. LESSEE shall not sell or distribute or permit to be sold or
distributed tickets or passes in excess of seating capacity of the Coliseum
23. SMOKING NOTICE. In accordance with Laws governing smoking in public
places, LESSEE shall take reasonable and prudent care that its patrons, players, and other
employees are informed of the NO SMOKING rule. Smoking in any interior portion of the
Coliseum including, but not limited to seating areas, public restrooms, concourse, and dressing
rooms will not be permitted. LESSEE's Public Address Announcer will make periodic and
appropriate Public Address Announcements and LESSEE's security personnel and ushers shall be
responsible for monitoring these areas.
24. TELEVISION/RADIO. All broadcast rights for the LESSEE's ice hockey games
are granted to LESSEE. Any costs associated with the production of such broadcasts shall be
paid by the LESSEE.
25. STANDARD GAME DAY SET-UP. The CITY will provide at no cost to the
LESSEE the standard ice hockey set-up in the Coliseum as determined by the Civic Centers
Director. Standard ice hockey set-up is defined as the dasher system, glass and iceboxes.
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26. INTERRUPTION OR TERMINATION OF GAME. CITY shall retain the right
to cause the interruption of any game in the interest of public safety, and to likewise cause the
termination of such performance when in the sole judgment of CITY, exercised in good faith,
such act is necessary in the interest of public safety.
27. SCOREBOARD. LESSEE shall provide person(s) required to operate the
scoreboard and game timekeeping equipment at their sole cost.
28. NOVELTIES. Commissions and income from novelty and souvenir items sold or
offered for sale by LESSEE on Coliseum property may be retained by the LESSEE. LESSEE will
be responsible for payment of all federal, state, and local sales taxes. LESSEE shall be
responsible for all labor costs involved with sale of novelty and souvenir items. The Coliseum
will provide novelty area(s) for team sales at no cost to LESSEE and at locations determined by
the Coliseum management.
29. DRESSING ROOMS. LESSEE shall have access to the dressing rooms when
using the Coliseum for its games, practices and other scheduled skating activities. LESSEE
understands CITY cannot provide exclusive use of any dressing room throughout each SEASON
for the home team to keep its equipment and gear. There shall be no charge for use of the
dressing room space. For liability and security reasons and with the exception of scheduled
practices or games, admittance to the Coliseum will not be permitted without advance prior
notification to and subsequent approval by the Civic Centers Director.
30. PHYSICAL ALTERATION/SIGNAGE.
a. LESSEE will not cause or permit any nails or other fasteners to be driven into or
affixed to any portion of the building, nor any signs to be affixed either to the exterior thereof,
nor cause or permit any changes, alterations, repairs, painting or staining of any part of the
building or the furnishings or equipment thereof, nor permit to be done anything which will
damage or change the finish or appearance of the building or the furnishings thereof LESSEE
shall pay the cost ofrepairing any and all injury and damage which may be done to the building
or any of the fixtures, furniture or furnishings thereof by any act of LESSEE or any ofLESSEE's
employees or agents or anyone visiting the building upon the invitation of LESSEE including,
but not limited to, the patrons of the ice hockey games for which LESSEE is hereby renting the
Coliseum. It is expressly agreed that the Civic Centers Director and the City's Risk Management
Coordinator shall determine whether any such damage has been done, the amount thereof and the
reasonable cost of repairing the same, and whether it is one for which, under the terms of this
Agreement, LESSEE is to be held responsible. The decision of the Civic Centers Director and
City's Risk Management Coordinator shall be final.
c. Except as provided in Section 31 below, LESSEE will not post or exhibit, nor
allow to be posted or exhibited signs, advertisements, show bills, lithographs, posters or cards of
any description, inside or in front, or on any part of the building. Any exceptions to the
foregoing requirement shall be in writing from the Civic Centers Director, and LESSEE shall
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take down and remove forthwith all signs, advertisements, show bills, lithographs, posters or
cards of any description not in compliance her~with.
31. ADVERTISING.
a. Temporary Advertising: LESSEE shall have the non-exclusive ability to sell
advertising, programs, dasher board signage, signage on the side of the ice resurfacing machine,
banners and other signage temporary in nature in the Coliseum. Temporary is defined as signage
that is temporarily affixed to railings, walls, or equipment for ice hockey events (which includes
dasher system, ice floor and ice resurfacing machine) All signage must be temporary in nature
and will be allowed only during pre-game, game and post-game activities and shall be removed
or covered in a neat and professional manner acceptable to the Civic Centers Director
immediately thereafter unless there is no other scheduled activity or event between games.
LESSEE shall be solely responsible for all cost of creating, erecting, installing, maintaining,
changing, covering and removing all such signage and advertising. LESSEE shall not allow any
signage or advertising to be present at any other time or during other programs/events scheduled
at the Coliseum unless specifically approved by the Civic Centers Director. The CITY waives
any rights to commissions as a result of any temporary advertising or program sales associated
with LESSEE'S hockey game activities. Should the LESSEE wish to use advertising painted
directly on the ice surface, it will be LESSEE's full and complete obligation to provide all labor
and materials to paint such signage when LESSEE makes and/or installs ice.
b. Permanent Advertising: LESSEE shall have the non-exclusive ability to sell
permanent advertising or signage. Permanent advertising is defined as signage that is either 1)
bolted or permanently attached or painted to walls, equipment, or other approved areas within the
facility 2) hung in a location which makes it difficult to remove on an on-going basis 3) attached
or painted onto permanently installed equipment 4) visible to all events during the year 5)
contractually visible during all events. The CITY shall receive a 50% annual commission from
the revenues derived from the sale of all permanent or year-round signage sold by LESSEE; The
calculation of the CITY's commission shall be after exclusion of the LESSEE's initial
documented cost to produce and install the signage and LESSEE's 10% employee commission.
LESSEE shall furnish to CITY a statement showing revenues from any permanent advertising
less eligible deductions and shall remit to CITY the amount due to CITY at the conclusion of
each season.
c. Location of Advertising: The specific locations for display advertising and
signage must be approved in advance by the Civic Center Management. All locations selected
are subject to relocation at anytime at the Civic Centers Director's discretion. It is the intention of
the parties that the approval of locations will not be unreasonably withheld. LESSEE
understands that event requirements may dictate or restrict location of permanent display
advertising or signage.
d. All installations shall be in good taste, professionally developed, and presented
so as to be inoffensive to the general public and of such high caliber as to contribute to the
establishment of the Coliseum facilities as prestigious locations for commercial advertising
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media. LESSEE will promptly remove or modify the presentation of any advertising or signage
if so directed by the Civic Center Management if deemed to be in violation of this clause.
e. In the case of any backlit signage inside the seating areas, LESSEE understands
that there may be some events scheduled in the facility where no illumination can or will occur
during performances requiring that house lights be turned off. The fact that the production and
staging requirements for some events will partially or totally obstruct advertising copy from view
of some seats and/or areas of the concourse will not be a breach of the City's obligations under
this Agreement.
f. CITY reserves the right to audit LESSEE's books and records with respect to
display advertising and signage sales as outlined in this section of the agreement.
32. CONCESSION SALES. CITY reserves unto itself or its assigned agents the sole
right to sell or dispense soft drinks, candies, food, alcoholic beverages and related merchandise
commonly sold or dispensed in the Coliseum and retain all revenues and commissions except as
follows: The City shall retain the first $55,000 in commissions received from its concessionaire
from the sale of concessions at hockey games. Any commissions received by the City over and
above $55,000 from the concession sales at hockey games shall be paid to the LESSEE following
the conclusion of the hockey season.
33. UTILITIES AND SERVICES.
a. CITY shall furnish, at CITY's expense, heat, water, lights and air conditioning
necessary for LESSEE's use during the term of this Agreement and all necessary custodial service
deemed necessary by the Civic Centers Director, and cause the Coliseum to be kept clean and
generally cared for during the term of this Agreement, except that CITY shall not be responsible
for or liable to LESSEE for any loss resulting from any lack of heat, water, lights or air
conditioning due to an act of God or the failure of equipment to operate or function properly
through no fault or act of CITY. All utilities will be furnished from present openings in the
Coliseum and no petroleum products, oil flashlights or any other artificial lighting or light plants
or electrical equipment shall be permitted.
b. CITY agrees to provide janitorial and maintenance services for the facility and
agrees to keep and maintain all areas in a reasonably good and tenantable condition and
appearance, and further agrees to keep said Premises in a reasonably neat, clean and respectable
condition by prompt removal of all trash, litter, debris and junk. That standard for janitorial and
maintenance services shall be on the same basis as performed by the City prior to this
Agreement.
c. CITY, however, shall not be responsible for maintenance and upkeep of the ice
floor. This shall be the responsibility of the LESSEE.
d. CITY shall pay up to $50,000 per season for all electrical charges for the
separately metered chiller that is required to retain the ice surface. LESSEE shall reimburse
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CITY for electrical charges in excess of$50,000 per season. Should the Coliseum schedule
another ice event during the hockey season that is not sponsored or co-sponsored by LESSEE,
the actual cost of electricity used on the separate meter for the refrigeration equipment for those
events shall not be used in the calculation in determining the excess owed by LESSEE.
e. LESSEE shall provide for its own telephone, cable or any similar service
including any connection fees that LESSEE may require for the presentation of hockey or any
other ice-related events that LESSEE presents.
g. CITY will place LESSEE'S events on the Civic Center marquee, located at gth and
A venue Q in Lubbock, Texas, at no charge.
34. PARKING LOTS.
a. CITY reserves the right to maintain and operate the Coliseum parking lots located
within the area under the supervision and control of the Civic Centers Director. LESSEE
acknowledges that the parking lots are shared with the Municipal Auditorium and Jones SBC
Stadium (operated and owned by Texas Tech University) and events held in each of the facilities
have access to the lots. There is an existing agreement with the University which governs the use
of the lot and which remains in force as of the date of this Agreement.
b. LESSEE may reserve a VIP parking area on the Coliseum lot for its hockey
games, not to exceed 100 parking spaces, and charge and collect a parking fee for that area. All
such parking fees collected may be retained by Lessee. LESSEE will be responsible for all costs
and expenses associated with securing the VIP parking area as well as conformity with all codes,
ordinances and regulations. LESSEE will be responsible to remitting any sales tax due on
revenues collected.
c. The CITY and LESSEE agree that LESSEE is authorized to assess a fee and retain
said fees for patron parking on the Coliseum parking lot for hockey games and other events
sponsored and/or produced by LESSEE. Parking fees shall be collected by LESSEE. LESSEE
shall remit all sales tax associated with the parking revenue to the State Comptroller in
accordance with the laws of the State of Texas. LESSEE shall have the obligation to hire and pay
all parking lot attendants and have sufficient supervisory personnel to insure safe and efficient
operation of the parking areas.
35. PERSONNEL.
a. LESSEE shall arrange for and provide the following personnel for each game
and for other skating activities as applicable at LESSEE's cost:
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1) Ticket takers, door guards, and ushers in numbers approved by the Civic
Centers Director or designated representative to assure safety and control of patrons
attending the games.
2) Uniformed Security Personnel in numbers sufficient to control the seating
area, concourse areas, and control access/egress points. The actual number of Security
Personnel may increase or decrease depending on anticipated crowd size or a developing
pattern of crowd management problems at the discretion of the Civic Centers Director or
designated representative. All personnel shall be on duty until the Coliseum is cleared of
the general public.
3) Game personnel, including, but not limited to: Public Address Announcer,
message center operator, scoreboard operator, scorekeeper, timekeeper, referees, goal
attendants, Zamboni and ice edger/ice paint operators, etc.
4) Sound or stage technicians as required to operate any Coliseum sound or
lighting systems.
5) For special programs of the LESSEE, the LESSEE may be required to
provide additional security, ushers, door guards and other personnel necessary in numbers
approved by the Civic Centers Director or designated representative to assure safety and
control of the public attending the functions.
6) LESSEE shall hire and pay for any medical equipment, services and
attendants they may deem necessary, including, but not limited to, physicians, physician
assistants, trainers, paramedics, emergency medical technicians and ambulance attendants
during the hockey games and other ice related event scheduled by LESSEE.
7) CITY reserves the right at all times to control the ushers, doormen, ticket
takers, grounds, security personnel and all other employees of LESSEE. CITY shall have
the right to remove from the Coliseum any and all such employees of LESSEE and the
right, with its officers and agents, including its police officers, to eject any objectionable
person or persons from the building and surrounding premises. In the event of the
exercise of this authority, LESSEE hereby waives any and all claims for damages or
contribution against the CITY and its officers and employees on account thereof.
8) LESSEE shall hire and pay for personnel for the ice crew, including ice-
resurfacing operators, to properly maintain the ice during the term of this agreement.
LESSEE shall hire and pay for all personnel required to construct ice prior to the season
and removal upon closing of the season. LESSEE's personnel shall work closely with
LESSOR's personnel in monitoring the ice plant during the season.
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9) LESSEE shall hire and pay for personnel to oversee all other skating
activities planned and/or scheduled by LESSSEE in the Coliseum, including, but not
limited to, public skating, youth and adult amateur leagues, figure skating, etc.
LESSEE"s personnel shall insure that participants remain in the proper areas adjacent to
the ice floor and that the facility is properly secured upon leaving, i.e. lights turned off,
doors locked and secured.
36. INDEMNITY AND INSURANCE.
a. LESSEE as a material part of the consideration to be rendered to CITY under this
Agreement, hereby covenants and agrees to hold CITY harmless and relieve and discharge CITY,
its officers and employees, from any and all liability for loss, injury, or damages to any person or
persons for personal injuries or death of any person or persons, or loss or damage to property
occasioned by or sustained by reason of the occupancy and use of the Coliseum and the facilities
thereof without regard to the cause of such loss or whether the loss was caused in whole or in
part by the negligence of the CITY, its officers and employees.
b. LESSEE hereby covenants and agrees to pay for any and all damage to the
Coliseum and damage to or loss of any of the property or equipment of the Coliseum or to any
other CITY property, resulting, either directly or indirectly from such occupancy or use of the
Coliseum, by or through the negligence or other acts of LESSEE, its agents,·employees or any
person or persons participating in or attending the game in connection with or during said use
and occupancy.
c. CITY shall not be liable to LESSEE for any damage by or from any act or
negligence of any other occupant of the Coliseum. LESSEE agrees to pay for all damages to the
building, as well as all damage to other occupants of the Coliseum, caused by LESSEE's misuse
or neglect of the Coliseum, its apparatus, or appurtenances.
d. LESSEE shall secure at its own expense and provide CITY with evidence that it
met the insurance requirements as outlined in General Operating Policies and Procedures, which
are attached and are a part of this agreement. CITY shall be named as a named insured in said
policy of insurance.
e. LESSEE shall procure Worker's Compensation Insurance protecting the agents
and employees of LESSEE. Worker's Compensation coverage shall include a waiver of
subrogation in favor of CITY.
37. DAMAGE OR DESTRUCTION.
a. In case the Coliseum covered by this Agreement, or the building of which such
Coliseum are a part be totally destroyed or damaged by fire or any other cause, of if any other
casualty or unforeseen occurrence or other causes herein specified shall render fulfillment of the
contract by CITY impossible, then the term of this Agreement shall end and LESSEE shall be
12
liable for partial rent only up to the time of such termination and LESSEE hereby waives and
releases the CITY from any claim for damages or compensation on account of such termination.
b. In the event that the Coliseum should be partially damaged by fire, or other cause,
but only to such an extent that it ~an be rebuilt or repaired within ninety (90) days after the date
of such destruction, the Agreement shall be void or voidable, but not terminated except as
otherwise provided herein. If the CITY intends to rebuild or repair the Coliseum, it shall within
thirty (30) days after the date of such damage give written notice to LESSEE of the intention to
rebuild or repair and shall proceed with reasonable diligence to restore the Coliseum to
substantially the same condition in which it was immediately prior to the destruction. However,
CITY shall not be required to rebuild, repair or replace any improvements or alterations made by
tenant within the Coliseum. During the period of rebuilding or repairing, there shall be no
diminution of rent. If, after rebuilding or repairing has commenced, such rebuilding or repairing
cannot be completed within ninety (90) days after the date of such partial destruction, the CITY
may either terminate the Agreement or continue with the Agreement with a proportional rent
rebate to LESSEE. If CITY undertakes to rebuild or repair, LESSEE shall, at its own expense,
restore all work required to be done by such LESSEE under this Agreement.
38. EXPIRATION OF LEASE AGREEMENT.
a. At the expiration of this Agreement and in accordance with all applicable
provisions of this Agreement, LESSEE shall quit the Coliseum and return to the CITY all
equipment and facilities procured in as good condition and repair as when acquired, except for
normal wear and tear. If LESSEE has constructed any alterations or additions to the Coliseum, to
the extent required by the CITY, all alterations and additions made by LESSEE shall be removed,
at the sole cost of the LESSEE, and the Coliseum restored to their condition when the Lease
began. LESSEE's obligations under this paragraph shall survive the expiration or other
termination of the Lease.
b. CITY reserves the right after the expiration of the time for which the said
Coliseum is leased by this Agreement to remove from the Coliseum all effects remaining therein
and to store the same wherever it sees fit in its name, or at its option, in the name of LESSEE but
at the cost, expense and risk of LESSEE, and CITY shall not be liable in any way to LESSEE on
account of so removing and storing any such effects. For such additional period beyond the term
of this Agreement as any effects of LESSEE may so remain in the Coliseum, CITY shall be
entitled to charge LESSEE a reasonable fee for storage.
39. LICENSES AND LAWS.
(a) LESSEE shall comply with all laws of the United States, and the State of Texas,
all ordinances of the City of Lubbock, and all rules and requirements of the Police and Fire
Departments, or other municipal authorities of the CITY, and will obtain and pay for all
necessary permits and licenses, and will not do, nor suffer to be done, anything on said Coliseum
13
during the term of this Agreement in violation of any such laws, ordinances, rules or
requirements; and if the attention of LESSEE is called to any such violation on the part of said
LESSEE, or of any person erriployed by or admitted to the said Coliseum by said LESSEE, such
LESSEE will immediately desist from and correct such violations.
(b) LESSEE shall comply with the Federal Copyright Act of 1976 and assure that
all copyrighted music played or caused to be played during the time period and in the area
covered by this Agreement is played with the permission of the copyright owner. LESSEE
agrees to pay all the obligations under the copyright license, and will hold harmless and
indemnify the CITY and its employees from any such claims or obligations.
( c) Any violation of such laws and ordinances by LESSEE shall, at the discretion of
the Civic Centers Director, subject LESSEE to immediate expulsion from the Coliseum and the
forfeiture of all rents, percentages, or other fees heretofore paid, and without releasing in any
manner any obligations for the payment of the rent, percentages, or other fees required to be paid
for the full term thereof.
40. POSTPONED DELNERY. If the CITY cannot give possession of the
Coliseum on the above described times and/or dates for any reason, such event shall not be
considered an event of default hereunder, and the CITY shall not be subject to any liability, nor
shall the validity of this lease be affected, nor the lease term extended in such event. In the event
the CITY does not tender possession to LESSEE at the agreed times and dates, Lessee may
terminate the Lease at any time prior to CITY' s tender of possession by written notice to the
CITY.
41. CONDITION OF PREMISES. LESSEE has determined that the Coliseum, as
presently constituted, is sufficient for the use contemplated by LESSEE. Lessee's taking
possession of the Coliseum is conclusive evidence that the Coliseum, including, without
limitation, the equipment, fixtures, furnishings, and the building comprising the Coliseum are
clean, sanitary, and in good order and condition at the time of possession by the LESSEE.
LESSEE shall, through the lease term, maintain the Coliseum and furnishings in good, clean, and
sanitary order and condition.
42. CANCELLATION. LESSEE shall give written notice of intent to cancel this
Agreement by April 1 of each year that this Agreement is in force. In the event LESSEE cancels,
the parties hereby agree that all monies paid by the LESSEE any time prior to the date of
cancellation are presumed to be liquidated damages sustained by the CITY due to the
impracticability and extreme difficulty in fixing actual damages and such monies shall become
the property of the CITY and shall not be refunded. Any installed permanent equipment,
modifications and or improvements to the Coliseum shall become the property of the CITY.
14
43. DEFAULTS AND TERMINATION.
a. In the event LESSEE shall fail to keep and perform or shall materially violate the
terms, covenants and conditions of this Agreement and LESSEE shall not have cured or
corrected such violation or is not diligently taking action to cure or correct such violation within
ten (10) days after written notice thereof shall have been received by LESSEE, LESSEE shall be
considered to be in default hereunder. Notwithstanding the above, LESSEE shall be in default of
this Agreement if LESSEE fails to timely pay the required rentals provided for herein without the
necessity of the CITY giving LESSEE written notice of default as herein above provided.
b. Upon the occurrence of any one or more event(s) of default LESSEE's right to
possession of the Coliseum shall terminate, and LESSEE shall surrender possession thereof to
CITY immediately. In such event, LESSEE hereby grants to CITY full and free license to enter
into and upon said Coliseum, or any part thereof, to take possession thereof with process oflaw,
and to expel and remove LESSEE therefrom, or any person who may be occupying the said
PREMISES, or any part thereof, and CITY may repossess itself of the said Coliseum as of its
former estate. In addition to terminating this Agreement, CITY may sue for and recover all
damages. CITY may, if it so elects, pursue any other remedy or remedies provided by law for the
breach of this Agreement or any of its terms, covenants, conditions or stipulations. No right of
entry or remedy herein conferred upon or reserved by CITY is intended to be exclusive of any
other right or remedy.
c. CITY's acceptance of rent following an event of default hereunder shall not be
construed as CITY's waiver of such event of default. No waiver by CITY of any violation or
breach of any of the terms or provisions and covenants herein contained shall be deemed or
construed to constitute a waiver of any other violation or default. The loss or damage that CITY
may suffer by reason of LESSEE's default shall include the reasonable expense of repossession
and any reasonable repairs or remodeling undertaken by CITY following repossession.
d. LESSEE covenants that if LESSEE shall make an assignment for the benefit of
creditors, or if a petition shall be filed to have it adjudicated a bankrupt, whether voluntary or
involuntary, or if an execution issue against LESSEE and it shall fail to procure a stay thereof
within thirty (30) days after the entry of same or otherwise fail to satisfy a judgment against it,
then and in such event this Agreement, at the option of the CITY shall cease and terminate. In
the event of such termination, the entire unpaid portion of the total rental as set forth in this
Agreement shall thereupon immediately become due and payable.
44. STORAGE. CITY assumes no responsibility whatsoever for any property placed
in or on said Coliseum, and said CITY is hereby expressly released and discharged from any and
all liabilities for any loss, injury or damages to person or property that may be sustained by
reason of the occupancy of said Coliseum under this Agreement.
. 45. THIRD PARTY AGREEMENTS. CITY shall not be responsible in any way for
any third-party agreements entered into by LESSEE for supplies, services or any other items,
whether in writing or verbal. LESSEE shall be solely responsible for all such agreements and
15
any payments due thereon.
46. INDEPENDENT CONTRACTOR. LESSEE, in the performance of its functions,
duties and obligations herein, shall at all times be and act as an independent contractor. Nothing
in this Agreement shall be construed as creating a partnership or joint venture between the parties
hereto, or as constituting LESSEE as an agent or employee of CITY in any manner whatsoever,
nor shall any part of this Agreement be construed as giving LESSEE any authority whatsoever to
bind CITY in any manner whatsoever. LESSEE hereby agrees and covenants that CITY shall not
be liable for any salaries or sums of money due employees of LESSEE nor for any expense
incurred by LESSEE, nor for any debt contracted by LESSEE.
47. NON-DISCRIMINATION. LESSEE agrees that in conducting its operation
hereunder it will not discriminate against any employee, applicant for employment, customer or
patron due to age, sex, race, color, handicap, religion or national origin.
48. AMERICANS WITH DISABILITIES ACT. LESSEE agrees that it will comply
with all applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. S
12101, et. seq.
49. FIRE HAZARDS. LESSEE shall not bring or permit anyone to bring into said
building or surrounding premises or keep therein anything that generates any hazardous materials
or wastes, or causes a fire hazard.
50. HAZARDOUS MATERIALS. If lessee uses, stores, or generates any hazardous
materials or wastes, LESSEE will obey all Federal, State, and Local laws governing such
materials. In the event that hazardous materials are discharged on CITY property, LESSEE will
be responsible for all costs and activities related to proper clean-up, and will provide the Civic
Centers Director with proper documentation evidencing that a complete clean-up has occurred.
LESSEE shall be responsible for all liabilities related to the use, storage, disposal, and clean-up
of all hazardous materials on the PREMISES.
51. ATTORNEY'S FEES. If either party should commence legal proceedings to
enforce the terms and conditions of this Agreement, the prevailing party will be entitled to
reimbursement of all such legal fees and cost incurred, including the legal fees and costs incurred
in any appellate proceeding.
52. EXTENT OF AGREEMENT. This Agreement represents the entire and
integrated Agreement between the parties hereto and supersedes all prior negotiations,
representations or agreements either written or oral, and this Agreement may be amended only by
written instrument signed by both parties.
53. PROHIBITION AGAINST NUISANCE OR UNLAWFUL USE. LESSEE shall
not create or allow any nuisance to exist on the PREMISES, or use or allow the Coliseum to be
16
used for any unlawful purpose.
54. CONSENTS. CITY and LESSEE agree that whenever in this Agreement their
consent is required to be obtained such consent will not be unreasonably withheld or delayed.
55. LEGAL CONSTRUCTION. If any clause or provision of this Agreement is
illegal, invalid or unenforceable under present or future laws effective during the term of this
Agreement, or any extension thereof, then it is the intention of the parties hereto that the
remainder of this Agreement shall not be affected thereby, and it is also the intention of the
parties to this Agreement that in lieu of each clause or provision of this Agreement that is illegal,
invalid or enforceable, there be added as a part of this Agreement a clause or provision as similar
in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be
legal, valid or enforceable.
56. PARTIES BOUND. Each and every provision of this Agreement shall bind and
shall inure to the benefit of the parties to the Agreement and their legal representatives.
57. NOTICES. Any notice required hereunder shall be in writing and shall be deemed
received by the party to be notified whenever a letter containing such notice is deposited with the
United States Postal Service, certified mail, return receipt requested, with proper postage affixed
thereto and addressed to the party to be notified in the following manner:
CITY:
Civic Centers Director
1501 6th Street
Lubbock, Texas 79401
LESSEE:
General Manager
. South Plains Professional Hockey Club
1309 University Ave
Lubbock, Texas 79415
Or at such other address as CITY or LESSEE may designate in writing.
58. CAPTIONS. The captions contained in this Agreement are for convenience of
reference only, and shall in no way limit or enlarge the terms and conditions of this Agreement.
59. EXHIBITS AND ATTACHMENTS. All exhibits referred to in this Agreement
are incorporated into this Agreement and made a part hereof for all intents and purposes.
60. CHOICE OF LAW. The laws of the State of Texas shall govern the formation,
operation, construction and enforcement of this Agreement.
17
61. CITY COUNCIL APPROVAL. CITY represents and warrants that this LEASE
AGREEMENT has been approved by the City Council of Lubbock, Texas. It is understood and
acknowledged by CITY and LESSEE that any extensions of this LEASE AGREEMENT as
provided for above, are subject to the approval of the Lubbock City Council.
IN WITNESS WHEREOF, we have hereunto set our hands as date first above written.
South Plains Professional Hockey
~i .
Fred M. Meseke, General Manager
ATTEST:
ReeCCaGarza, City Secretary "'(° ·
onald G. Vandiver, Attorney of Counsel
18
Kesolution No. 2004-R0298
E~L~LT tl P/'
rr1 u n I r; I 0 "11 ~ ll cl I l 0 r I LI Ill/ c 0 11 :; fl II m
GENERAL OPERATING POLICIES AND PROCEDURES
It is understood and agreed by the Lessee that this booklet, which includes Section 1
through 41, is in fact a part of the contract between the Lessee and the Lessor. The Lessee
is charged with the responsibility of knowing and abiding by the· policies and procedures
contained herein.
1129/2004
TABLE OF CONTENTS
SECTION TOPIC PAGE#
1 Definitions.................................................................................. 1
2 Authority ...... ... .................... ................... ..... ......... ... ... ... .... ... ...... 1
3 Lease or Rental Agreement ........................................................ 2
4 Booking Policy ........................................................................... 2
5 Conventions ................................................................................ 3
6 Rehearsals and Move-In/Outs .................................................... 3
7 Reletting and Sub-Leasing ..... ..................................... ............... 3
8 Payment of Fees ......................................................................... 3
9 Authorized Refunds ................................................................... 4
10 Insurance Requirements ............................................................. 4
11 Liability for Lessee's Property ................................................... 5
12 Box Office and Ticketing Procedures ........................................ 5
13 Advertising of Events ................................................................. 5
14 Broadcast or Telecast ................................................................. 5
15 Crowd Control and Security Personnel.. .................................... 5
16 Catering and Concessions .......................................................... 6
17 First Aid Services ....................................................................... 6
18 Machinery, Flammable Liquids, and Electricity ........................ 7
19 Obstruction of Doors, Passageways, Corridors or Lobbies ....... 7
20 Equipment Usage ....................................................................... 7
21 Signs, Posters, Literature, Decorations and Balloons ............ .... 8
22 Animals in the Building ......................... ........................... ..... .... 8
23 Display Advertising Rights in Facility ....................................... 9
24 Alterations of Leased Premises .................................................. 9
25 Abandoned Equipment or Property ............................................ 9
26 Observance of Laws and Regulations ........................................ 9
27 Permits and Licenses .................................................................. 9
28 Intermissions .............................................................................. 9
29 Public Address Announcements ................................................ 9
30 Parking ...................................................................................... 10
31 Recreational Vehicle Hook-ups ................................................ 10
32 Facility Capacity ....................................................................... 10
33 Non-Discrimination ................................................................... 10
34 Objectionable Conduct .............................................................. 10
35 Photographers ............................................................................ 11
36 Copyright Infringement ............................................................. 11
37 Solicitations ............................................................................... 11
3 8 Right to Alter Policies and Procedures and Rental Rates ......... 11
39 Facility Smoking Policy ............................................................ 11
40 Facility Staff .............................................................................. 12
41 Special Rates and Services ........................................................ 12
1/29/2004
I SECTION 1 -Definitions
The Lubbock Civic Centers of the City of Lubbock and County of Lubbock, Texas hereinafter called Facility, means
any hall, theater, meeting room, or other area designated in the Lubbock Civic Center and Municipal Auditorium-
Coliseum falling under the jurisdiction of the City of Lubbock.
(a) Lease as used herein means the written contract issued to an applicant by the Director of the Facility under the
authority and condition as herein provided, including any amendment or supplement to such a contract.
(b) Lessee as used herein includes any person, association, public organization, partnership, business trust,
company or corporation that contracts to use any part of the Facility in accordance with the provisions of these
regulations.
( c) Non-Commercial/Non-Profit Events - A non-commercial or non-profit event is a function sponsored by any of
the following categories when the majority of the net proceeds are bestowed on or retained by the sponsoring
organization. Organizations claiming non-profit status must present proof of their non-profit status as issued by the
Internal Revenue Service prior to contracts being executed.
Examples:
1. Local non-profit chartered civic organizations.
2. Local non-profit fraternal organizations.
3. Local governmental organizations.
4. Local non-profit educational organizations.
S. Local non-profit religious organizations.
6. Local chartered charitable organizations.
7. Local organizations qualifying under section 501 of the Internal Revenue Service Code.
( e) Gross receipts as used in these regulations shall mean income from sales minus excise taxes or sales taxes
levied by the City, County, State or Federal Government. Any deductions from the gross receipts shall be
substantiated by submission of a statement of such deductions.
(f) Concessions as used herein shall mean the use and occupancy of any part of the Facility for the: (1) sale or
dispensing of programs, records, periodicals, books, magazines, newspapers, soft drinks, alcoholic beverages, flowers,
candies, food, novelties or related merchandise and souvenirs; (2) renting and/or sale of opera glasses, cushions,
photographs or other such articles; (3) the term concessions shall not include the sale, donation, or giving away of
merchandise or products which are a part of or directly related to an authorized convention or trade show for which a
fixed rental for booth space is otherwise charged.
I SECTION 2 -Authority
The Civic Centers Director, as referred to in these regulations, shall have full responsibility for the operation of the
Facility and shall act on behalf of the City of Lubbock in all matters pertaining to the Facility. The Director shall be
authorized to enter into rental contracts subject to the prevailing rental rates. The right is reserved by the Director or
other duly authorized representatives of the Facility to enter the Facility and all parts thereof at all times. Any
deletions, additions, or modification to the standard rental contract for the City of Lubbock facilities shall be approved
by the Director of Civic Services.
1129/2004
I SECTION 3 -Lease or Rental Agreement
All rental contracts shall be in written form and executed by the City of Lubbock. No oral agreement for the use of
the Civic Centers shall be valid.
Federal regulations require reporting of all payments in excess of $600.00 during a calendar year. 1099's will be
issued at the end of the calendar year to any Lessee or Vendor where payments for show settlements have exceeded
this amount. In order to comply with these regulations, the taxpayer identification number is required before payments
can be issued to the Lessee or Vendor.
Basic rental rates for actual event days/performances include available heat and/or cooling, available lighting and
water, normal janitorial cleaning services, and the initial chair or chair/table set-up. However, failure to furnish any of
the foregoing utilities or services resulting from circumstances beyond the control of the Facility shall not be
considered a breach of contract. Additional charges will be assessed for extraordinary or overnight utility usage.
Changes made in the initial set-up may require payment of an additional charge. Major changeovers (from one set-up
to another) made within a single working day (7:00 a.m.-1 a.m.) will require payment of an additional set-up charge.
This includes set-up changes of tables, chairs, risers, stage, head tables, etc. Pre-event and post-event charges are
covered under Section 6.
The Lessee may be required to furnish in writing any information requested by the Director to detennine which
facilities, arrangements, and special services and/or equipment might be necessary to the staging and proper
management of their event. For exhibitions or conventions, Lessee must furnish drawings as to locations, and
dimensions of all exhibit booths and equipment indicating utility requirements. These requirements must be approved
by the Director. At no time, can exhibit booths, tables, chairs, or any other set-up created by an event block entrances
and/or exits. There must be at least an 8 foot clearance between an entrance/exit and any exhibit booth or set-up.
Should Facility Management determine that exhibits or any portion of an event setup is in violation of proper fire and
safety code restrictions, Lessee will insure that the violation is corrected immediately. Any exception must be
approved by the City of Lubbock Fire Marshall.
All set-up information, in and out times and actual event times must be submitted, in writing, at least two (2) weeks
prior to the event. Due to staff scheduling requirements, these times must be adhered to by the Lessee or else an
overtime fee will be charged. (See Section 39 for charges.)
The Lessee will appoint one (1) individual to coordinate all activities and setup information with the Facility Staff.
I SECTION 4 -Booking Policy
The Director may deny rental of any of the Civic Centers facilities if, in his/her judgment, a booking conflict
appears imminent. A three (3) day protection period between similar events will be exercised at the discretion of the
Director and coordinated between both the Civic Center and the Auditorium-Coliseum. The Director reserves the right
to increase the number of protection days between similar events. This is in accordance with the usual procedures of
public assembly facilities management concerning adequate protection or unfair competition between similar events.
Tentative Dates will be held until a contract is issued or a request by another party has been received. A
contract must then be signed and deposit made or the date/dates will be released. However, should a second request be
received for tentative dates, a contract must be signed and the required deposit made within forty-eight ( 48) hours of
notification or the date/dates will be released.
2 1129/2004
I SECTIONS -Conventions
The Lubbock Convention and Visitors Bureau may negotiate to lease any of the Civic Centers facilities to any
corporation, association, club, or society during any international, national, state, or regional seminar or meeting
session thereof, which is a convention of record. Where any special service or equipment is required, the convention
shall pay the costs associated with same. The scheduling of conventions by the Lubbock Convention and Visitors
Bureau and/or the Civic Centers shall receive high priority at the Civic Center. Therefore the Civic Center Booking
Calendar will be kept open within reason. When unfilled dates are 18 months or less, other events may be scheduled.
I SECTION 6 -Rehearsals and Move-Ins/Outs
The rates listed herein entitle a Lessee to use the space specified in the rental contract for rehearsal and/or move-in
purposes of up to four consecutive hours prior to the event without additional cost. The hours shall be approved by the
Director and shall be subject to cancellation by the Director upon 24 hours notice to the Lessee. The cost of any
special labor, equipment, or services in connection with such a rehearsal and/or move-in/out will be charged to the
Lessee based upon the prevailing rates at the time of the event.
Move-ins and rehearsals prior to the date of the event and move-outs specified in the rental contract shall be subject
to additional rental which will be fifty percent (50%) of the established rental rate plus the cost of any additional
services. Rehearsal and move-in/out dates are available only when the facility is not scheduled for use by another
Lessee. Times for move-ins, move-outs, and/or set-ups and for teardowns may be negotiated at the discretion of the
Director. Energy conservation is of prime concern and minimum levels of lighting, ventilation, heat and air
conditioning will be maintained during move-in and move-out periods. A utility charge, in addition to the basic rental
fee, may be assessed for special lighting and comfort level requirements during move-in, move-out or rehearsal
periods.
I SECTION 7 -Reletting and Sub-Leasing
The City of Lubbock reserves the right to relet any portion of the Lubbock Civic Centers which becomes vacant
during the lease of any other contract. If the City of Lubbock relets because of Lessee's fraud or misrepresentation, no
refund will be due such Lessee. No Lessee shall assign any lease without approval of the Director of the Lubbock
Civic Center/ Auditorium-Coliseum.
f SECTION 8 -Payment of Fees
Fifty percent (50%) of the base rental fee shall be paid upon execution of the contract. The balance of the rental
shall be required one week prior to the event. Fees for any special services and equipment needed shall be paid prior
to the completion of the final event. Any exception to this policy must be approved by the Director. The Director, if
deemed necessary, may request that full rental and other fees be paid in advance for use of any facilities. In the event
of cancellation by the Lessee, without the "Written approval of the Director , all moneys previously paid by the Lessee
as a deposit or a rental shall become property of the City of Lubbock and shall not be refundable. All rental fees shall
be paid in lawful money of the United States by cash, certified check, money order, or personal check.
Payment of all Federal, State, County, or City taxes and licenses in connection with any attraction shall be the
responsibility of the Lessee. The Director may, on occasions, for the protection of the Lubbock Civic Center and
Municipal Auditorium-Coliseum, collect all such taxes and directly pay them over to the proper Federal, State, or other
government units.
When contracts are initiated less than 30 days in advance of event dates, the deposit will be the total amount of the
rental rate. Extra charges will be due on the last day of the event.
3 1/29/2004
I SECTION 9 -Authorlud Refunds
Refund of advance rental deposit may be authorized where:
(A} Lessee gives written notice of cancellation at least six months (180 days} prior to the date reserved.
(B} Where the scheduled performance is canceled under any of the terms of the regulations governing the
management of the Facility.
(C} Where the performance is otherwise canceled at the request of the Director and with the consent of the
Lessee.
Deposits made due to a date challenge, as described in Section 8, are not refundable.
I SECTION 10 -lnsll1'ance Requlrements
The Lessee shall be required, at its sole cost and expense, to secure and maintain during the term of this contract,
public liability with property damage liability and contractual coverage insurance against losses or claims relating to or
arising out of the holding or presentation of the Event and any use or occupancy of the Facility by the Lessee and its
agents, contractors and employees. Insurance policy must be issued by companies authorized to do business in the
State of Texas. Said Lessee must also provide certificates of insurance (liabiBty) naming the City of Lubbock as
an additional insured. The certificate of insurance provided to the Facility should include the following information
and limits:
A. Name of your Insurance Company/Name and Telephone Number of contact person.
B. Your Name/Company Name and Address as the Insured
C. Minimum Policy Limits as follows:
General Liability:
General Aggregate
Products
Personal & Adv Injury
Each Occurrence
Fire Damage
Medical Expense
$1,000,000
$ 500,000
$ 500,000
$ 500,000
$ 50,000
$ 5,000
D. Description of Operations/Locations/Restrictions/Special Items
Name of Event, Date of Event, Exact Location of Event (Facility}
Additional Insured: City of Lubbock
E. Certificate Holder: City of Lubbock
c/o Lubbock Memorial Civic Center/Auditorium/Coliseum
1501 6th Street
Lubbock, TX 79401
The insurance policies shall contain an endorsement providing contractual liability coverage to insure the
liability assumed herein. The Director shall be notified by the Lessee of any exclusion to the insurance policy
provided for the event contracted. The Director shall be provided with a certificate evidencing all such insurance as
specified herein and any other insurance, which the Director may require. This certificate shall be submitted with this
signed contract, unless otherwise approved by Facility Management, but no less than two (2) weeks prior to the event.
The City of Lubbock Risk Management Coordinator may, at his/her discretion, increase or decrease the amount of
insurance coverage required for specific events.
4 112912004
I SECTION 11 -Liability for Lessee's Property
Neither the City of Lubbock nor their employees shall be liable for any loss, damage, or injury to properties of any
kind that are shipped or otheiwise delivered to or stored in or on the premises. Due to limited storage space in the
Facility, Lessees must first obtain permission from the Director or Event Coordinator prior to shipping small quantities
of property/merchandise to the Facility. It is the responsibility of the Lessee, when using a Decorator, to insure that
vendors send their shipments directly to the Decorator. Failure to do so may result in Facility assessing an appropriate
storage/handling fee to the Lessee. Rodeos, circuses and other events involving animals shall not leave animals
unattended in the Facility. The Lessee shall bear the cost of overnight security, with said security being arranged for
by the Facility.
I SECTION 12 -Box Office and Ticket Procedll1'es
Tickets to all events for which there is an admissfon charge shall be sold through the Select-a-Seat computerized
ticketing system, which is operated by Civic Lubbock, Inc. Civic Lubbock, Inc. has been granted the license for all
tick-eting operations within the Civic Centers facilities. The Director may, at his/her discretion, authorize non-profit
organizations to handle their own ticket sales. These organizations will be required, however, to furnish the facility
with a ticket manifest showing the number of tickets printed and a record of attendance at the conclusion of their event.
All events where admission is charged at the door will be required to give the Facility an attendance count. At no time
shall the number of tickets sold exceed capacity. It is also the Lessee's responsibility to insure that attendance does not
exceed capacity when no admission is charged.
I SECTION 13 -Advertising of Events
All advertising of paid attractions must state total admission prices. The Lessee shall not announce events
scheduled at the Facility until contracts and deposits have been properly approved and executed by the Director.
I SECTION 14 -Broadcast or Telecast
It will be the responsibility of the Lessee to inform the Director when telecasts or broadcasts will be conducted in
conjunction with the contracted event at the Facility. The Director shall have the authority to negotiate charges for
these events. It will be the responsibility of the Lessee to insure that either Lubbock, Texas, or the name of the Facility
is mentioned during the telecast, broadcast or filming of the event.
I SECTION 15 -Crowd Control and Security Personnel
Lessees are responsible for the security of all areas utilized and covered under their contract. It shall be the
responsibility of the Director to determine the number of crowd control and/or security personnel required for each
event. It shall be the responsibility of the Lessee to pay for the crowd control and security personnel. Security shall be
required at any event where alcoholic beverages are served and is encouraged when admission is charged at the door or
at the Box Office. Lessees are also encouraged to arrange for overnight security during multiple day events when
Lessee's or Exhibitor's items will be left in the building overnight. Lessee shall coordinate all security with the
Director or designated representative.
s 1/29/2004
I SECTION 16 -Catering and Concessions
Concessions: The Facility reserves and retains the sole right to conduct and/or control either directly or through
separate contracted vendors all catering and concessions including but not limited to the items listed and defined in
Section 1 under "Definition, Concessions". The sale or dispensing of any items must first have prior approval and is
subject to a 25% fee (gross sales, after taxes) payable to the City at the conclusion of the event.
All sales requiring the payment of additional fees and/or percentages of sales shall require the Lessee to certify the
amount of said sales in writing. Said fees and/or percentages shall be paid at the closing of the event unless otherwise
approved by the Director.
It is the Lessee's responsibility to insure that no food or beverages are brought into the facilities unless prior
approval is obtained from the Management.
Catering: Caterers must be approved by the Director. Caterers are required to sign a catering agreement and
provide proof of insurance before catering an event in the Facility. Only those caterers on the Facility's approved list
of caterers will be eligible to cater on the premises. This facility is a tax supported municipal facility. Caterers are
provided with the building, kitchen and scullery, warmers, snee:z.e guards, tables, chairs, utilities, etc. For these
benefits and to cover these operating costs, the caterer is assessed a 15% catering fee, which is a percentage of their
total bill charged to the Lessee. Caterers who are delinquent in their payment of the catering fee shall be prohibited
from catering additional events in the Civic Centers until full payment is made. Lessees are encouraged to check with
the Facility's Food and Beverage Department to insure that the desired caterer is in good standing.
Services that are available through the Facility's Food and Beverage Concessionaire include, but are not limited to,
hot/cold beverages and contin~ntal breakfasts (danish, donuts, pastries) for coffee breaks.
I SECTION 17 -First Aid Services
First Aid services are available through approved organi.7.ations for a fee. The Lessee shall be responsible for
payment of any and all fees for these services and it shall be the responsibility of the organi:zation providing the service
to collect said fees. A list of approved organi.7.ations providing first aid services is available upon request through the
Facility Management. The Lessee shall notify the Facility Management prior to the event when these services will be
utili:z.ed. The Facility is not responsible for the services provided by any of the approved organi.7.ations.
6 1/29/2004
I SECTION 18 -Machinery, Hazardous Materials, Flammable Liquids, Electricity, Cooking/Warming Devices
No person shall use any engine, motor or other type of machinery within the Facility, or use any gas or other
flammable liquid or chemical without the approval of the Director. All electrical connections of any kind must be
approved by the Director. No gas or internal combustion vehicle shall be allowed to remain in the Facility without the
approval, in advance, of the Director. No open flamed devices shall be permitted without the approval of the Director.
Any candles used for table decorations must be fully covered by an appropriate flame guard that is higher than the
flame of the candle.
Vehicles on display or left in the facility must comply with Section 9-4.4.4 of the Life Safety Code:
a. All fuel tank openings shall be locked and sealed in an approved manner to prevent the escape of vapors.
Fuel tanks shall not be more than one-half (112) full or contain more than 10 gallons of fuel, whichever is
less.
b. At least one battery cable shall be removed from the batteries used to start the vehicle engine. The
disconnected battery cable shall then be taped.
c. Vehicles shall not be moved during show hours.
In accordance with Section 11, item 84 of the City of Lubbock Code of Ordinances, ''No person may manufacture,
sell, or give away fireworks, or store, possess, or use fireworks" unless Lessee secures a proper permit from the City of
Lubbock Fire Marshall.
Any electrical tie-in requiring 600 amps or more shall be performed, at the Lessee's expense, by a bonded, licensed
electrician. Electrician must be approved in advance by the Management.
Exhibitors must be informed by the Lessee that all ha7.8rdous materials displayed and/or sold out of their exhibit
booths must have Material Data Safety Sheets available for those products.
Cooking and food wanning devices:
Cooking and food wanning devices in exhibit booths shall comply with the following:
a. Gas fired devices.
1. Compressed natural gas may be used where permitted by the authority havingjurisdiction.
2. The use of LP-Gas cylinder is prohibited.
b. Devices shall be isolated from the public by at least 4 ft (122 cm) or by a barrier between the device and
the public.
c. Single-well cooking equipment using combustible oils or solids shall:
1. Have lids available for immediate use.
2. Be limited to 288 sq in. ( .19 sq m) of cooking surface.
3. Be placed in noncombustible surface materials.
4. Be separated from each other by a minimum horizontal distance of2 ft (61 cm).
5. Be kept a minimum horizontal distance of2 ft (61 cm) from any combustible material.
d. A 20 B:C fire extinguisher shall be provided within the booth for each device, or an approved automatic
extinguishing system shall be provided.
7 1/29/2004
l SECTION 19 -Obstruction of Doors, Passageways, Co"idors or Lobbies
No portions of the sidewalks, entries, plam walkways, passageways, doors, aisles, elevators, vestibules or other
ways of access to the public utilities of the premises shall be permitted to be obstructed, nor shall any windows,
ventilators or lighting fixtures be obstructed. No vehicles or other driveable equipment shall be driven onto or parked
on any sidewalk or entry into the Facility without prior approval of the Facility Management.
I SECTION 20 -Equipment Usage
No person may use or transport any equipment, furniture or other articles which are the property of the Facility's
without the approval of the Director. As used in this sectjon, the word "equipment" is to include all items of
inventoried equipment which are moveable or portable, such as ladders, tables, chairs, etc. A limited number of carts
are available for rent from the Facility to move in Lessee's or Exhibitor's merchandise or equipment.
l SECTION 21 -Signs, Posters, Literature, Decorations and Balloons
Posters and/or signs may only be posted on bulletin boards provided for such use within the Facility. All such
advertisements must relate to the event to be held on the premises. The hanging of pictures, banners, or other items
must have the approval of the Director.
The Lessee shall not distribute, circulate or permit to be circulated any advertising matter or programs at the
entrance to any part of the premises that does not pertain completely to the immediate attraction. No advertising
matter shall be distributed or circulated on parking facilities or walkways adjacent to the facility.
Decorations, signs, banners and similar materials may not be taped, nailed, pinned, bolted, tacked, stapled or
otherwise fastened tO ceilings, doors, walls, glass, columns, painted surfaces, fabric or decorative walls. Easels
are available to use for signage. Signage found taped or otherwise attached to walls or doors will be taken down
immediately by the Civic Center Management and the Lessee will be financially responsible for any damage that is
caused. Any floor tape to be used on carpeted areas must be approved in advance by Facility Management and Lessee
will insure that their contracted decorator removes all floor tape used in laying carpet, etc. from all floor surfaces
immediately following the event. Acceptable types of floor tape are cloth and gaffer's tape. Duct tape is NOT
acceptable. Glitter, confetti and/or sequins are highly discouraged and an additional clean up fee may be
charged when used. Lessee may be required to put plastic under decorations that are to be set on carpet i.e.
bales of hay.
The Lessee, after required approval, may elect to hang banners, posters, or pictures themselves, provided Lessee
provides the required equipment, i.e. ladders, pipe and drape, etc. Otherwise, the Stage Department will provide a
crew of no less than two (2) people to hang Lessee's materials and Lessee shall pay the cost for such labor. It will be
the responsibility of the Lessee to insure that banners are affixed in an appropriate manner. The approved method is
using pipe and drape provided through a decorator.
In order to abide by the sign ordinance in effect within the City of Lubbock, approval by the Director will be
required prior to any signs/banners of any type being placed on Civic Centers property outside of the building.
l SECTION 22 -Animals In the Building
Animals will not be allowed on the carpeted areas of the Civic Center or in the Pedestrian Mall. Animals
associated with the performance of an event or event activity will not be allowed to remain in the facility overnight
without the Director's approval. If approval is given, security may be required with the cost borne by the Lessee.
Lessees will not be allowed to remain in the building overnight with guard dogs unless they arrange for additional
security approved by the Facility Management.
8 1/29/2004
I SECTION 23 -Display Advertising Rights in Facility
The Facility retains all rights to advertising signage within the Facility and its premises. The Lessee or any of
Lessee's agents, employees or representatives, shall not obstruct, cover or remove any installed advertising signage or
portion thereof, that is under contract with the Facility at the time of the event. The hanging of temporary banners
and/or sigriage by the Lessee as well as the hanging location within the Facility and its premises must be approved in
advance by the Director.
I SECTION 24 -Alterations of Leased Premises
If alterations of the Facility are required, said alterations must first be approved by the Director.
I SECTION 25 -Abandoned Equipment or Articles
The Facility shall not be held responsible for articles left on the premises. The Facility shall assume no
responsibility for losses when such losses were caused by theft or disappearance.
I SECTION 26 -Observance of Laws and Regulations
The Lessee shall comply with all City, County, State, and Federal laws, and with regulations pertaining to the
Facility. Violations by the Lessee or its agents or employees may result in cancellation of the lease and/or
discontinuation of use of the Facility.
I SECTION 27 -Permits and Licenses
It is the responsibility of the Lessee to obtain the appropriate permits or licenses, when applicable, prior to leasing
the Facility.
I SECTION 28 -Intermissions
Lessee agrees that for ticketed events lasting one and one-half hours or more there be an intermission of not less
than 20 minutes. This intermission requirement may be waived at the discretion of the Director.
I SECTION 29 -Public Address Announcements
The Facility Management reserves the right to make public address announcements during public attractions and
intermissions. These messages and announcements will usually pertain to future attractions and such other
announcements relating to the welfare and safety of those attending events.
9 1/29/2004
I SECTION 30 -Parking
The City of Lubbock, delegating the authority to the Director of the Facility, shall maintain and control parking on
city-owned property -on and about the Facility site -excluding parking on city streets. At all times, parking for
Facility events shall have priority over parking for any other purpose. The Facility retains the right to charge a parking
fee to patrons attending events at the Municipal Auditorium-Coliseum and wishing to park in the primary lots. This
fee will be a per vehicle charge and may be sold in advance or on a first come-first serve basis at the discretion of the
Director. It should be noted that these lots might be shared when events are held at Jones Stadium.
All event-related vehicles will maintain a clear and accessible fire lane around the Facility at all times. This lane
shall provide adequate clearance for emergency vehicles. It is the Lessee's responsibility to insure that this access is
maintained.
It is the responsibility of the Lessee to insure that exhibitors loading and unloading for events adhere to Americans
with Disabilities Act regarding use of designated parking spaces. These areas are patrolled regularly by the Lubbock
Police Department's Parking Control and tickets are issued to vehicles in violation.
I SECTION 31 -Recreational Vehicle Hook-ups
A fee will be charged for available recreational vehicle hook-ups on the premises of the Civic Center. Hook-ups
are not available at the Auditorium-Coliseum. Only electrical services shall be provided for this fee. Fees should be
paid in the Civic Center Administrative Office upon arrival on the premises. All hook-ups are on a first-come first-
served basis. Facility is not responsible for any damages caused by overloading circuits or fluctuations in supply.
I SECTION 32 -Facility Capacity
The maximum capacity of the Facility is determined by the egress (exit) capacity. The maximum capacity of the
Auditorium-Coliseum shall be determined by the City of Lubbock Fire Marshall. Lessee shall not permit tickets to be
sold or distributed, including complimentary tickets, nor attendance at non-ticketed events to exceed the maximum
seating capacity for that space. The Facility reserves to right to determine when capacity has been achieved and to
control access at that point.
I SECTION 33 -Non-Discrimination
No person, group, or association shall be excluded from use of the Facility because of handicap, race, color, creed,
or national origin and no rules or regulations may be promulgated by the Lessees of the Facility which will
discriminate against any person, group, or association or exclude them from use of the facilities or participation in the
facility activities.
I SECTION 34 -Objectionable Conduct
Any performer, person or persons attending events at the Facility whose conduct becomes disorderly or disruptive
shall be subject to ejection from the premises. The Lessee shall hold the City of Lubbock harmless from any claim for
such action.
10 1129/2004
I SECTION 35 -Photographers
Commercial photographers, acting in conjunction with events held in the Facility, will be subject to a $50.00/day
flat fee which should be paid prior to the event. This fee will apply when either orders are taken or funds collected for
photographs. It is the responsibility of the Lessee to inform the photographer of this charge when souvenir
photographs or videos are to be taken. It is also the responsibility of the Lessee to insure that photographers provide
for their own special electrical needs i.e. extension cords, power strips, etc.
I SECTION 36 -Copyright Infringement
Lessee accepts all responsibility for and will assume all costs arising from the use of patented, trademarked,
franchised, or copyrighted music, materials, devices, processes or dramatic rights used on or incorporated in the event.
Lessee specifically represents and warrants that all copyrighted material to be performed has been duly licensed or
authorized by the copyright owners or their representatives. Further, it is agreed that Lessee shall defend, indemnify
and hold the City of Lubbock and the Facility harmless for any claims, losses or expenses arising from non-payment to
licensing agencies, including but not limited to ASCAP, BMI and SESAC or damages growing out of Lessee's
infringement or violation of Federal Copyright Laws and/or Regulations. The Facility expressly assumes no obligation
to review or obtain appropriate licensing, and all such licensing shall be the exclusive obligation of Lessee.
I SECTION 37 -Solicitations
No collections or donations shall be allowed at the Civic Centers without the approval of the Management.
I SECTION 38 -Right to Alter Regulations & Rental Rates
The City of Lubbock reserves the right, within reason, to change, alter, amend or cancel any and all of the
regulations contained herein with 30 days notice to Lessee. Rental rates are subject to change when new contracts are
issued.
I SECTION 39 -Facility Smoking Policy
In accordance with the City of Lubbock Ordinances, the Civic Center, Auditorium and Coliseum are smoke-free
facilities. Smoking is not permitted in these facilities. It is the responsibility of the Lessee to insure that attendees
adhere to the policy.
11 1/29/2004
I SECTION 40 -FacUity Staff
To insure that the Lessee receives the best possible service and information regarding the various services required
for the event, the Lessee should contact the section supervisor in each specific area and provide the necessary event
requirements and set-up information. The positions listed below will be available to provide advice and consultation
regarding your set-up needs and requirements.
Lubbock Memorial Civic Center
1501 6th Street
Lubbock Municipal Auditorium/Coliseum
2720 6th Street
Lubbock, Texas 79401 Lubbock, Texas 79417
Telephone (806) 775-2242
Fax (806) 775-3240
Director:
Assistant Director:
Event Coordinators:
(Booking information -available dates, contracts, rates, room set-ups, etc.)
Food and Beverage Coordinator:
(Concessions, catering, bar, tablecloths, coffee and water set-ups)
Technical Coordinator:
(Audio visual equipment, stage, sound, lighting)
Box Office Manager:
(Computerized ticketing services, event staffing (ushers, ticket takers, etc.)
Accounting: ·
I SECTION 41 -Special Rates and Services
General Information:
Building rental rates may be obtained upon request.
Major Chang&-over Charges are as Follows:
Single Meeting Rooms:
Double Meeting Rooms, Room 107, Terrace Suite:
1/3 Banquet Hall:
2/3 Banquet Hall:
Full Banquet Hall:
Exhibit Hall:
$35.00
$50.00
$75.00
$125.00
$200.00
$500-$750
775-2236
775-2237
775-2244/775-2255
775-2238
775-2258
795-1750
775-2265
A major changeover is defined as changing the room from one complete setup to another. For example, changing a
room set-up for a banquet, with table and chairs to room set auditorium-style. Minor changes will be subject to a per
table and/or per chair charge.
12 1/29/2004
Overtime Rental Charges:
If actual event concludes after 1 :00 a.m. or if move-in begins prior to 7:00 a.m. or if event continues past contracted
out time, the following charges will apply:
Exhibit Hall -$250.00 per hour or portion thereof
Banquet Hall-$150.00 per hour or portion thereof
Theater-$150.00 per hour or portion thereof
Meeting Rooms -$50.00 per hour or portion thereof
Other Areas -One-half the regular rental rate per hour or portion thereof
Holiday Rental:
Available for major events only.
Rate is 1 Y2 times the base rental, i.e. base rental $100.00, holiday base rental $150.00. Holidays include New
Year's Day, Martin Luther King, Good Friday, Easter Sunday, Memorial Day, July 4th, Labor Day, Thanksgiving
Day, Christmas Eve (after 5:00 p.m.}, Christmas Day. Holiday overtime rate -1 Y2 times the regular overtime rates.
Base rental rates do not include the event staffing, box office, event productio~, food/beverage, and other specified
charges. All labor charges will be 1 Y2 times the current wage scale. Over time labor charges on holiday will be 1 ~
times the holiday rate.
Contingency Rate:
To hold any portion of the Facility as a backup in case of rain will require a non-refundable block out fee, payable
within 10 days of placing the date on hold. This fee would apply to the full rental, should the facility actually be used.
Should the date be challenged by another event, the person/organization holding the block out date shall lose the date
and the fee shall be reimbursed.
Event Staffing:
The following personnel are arranged for upon request by the Facility or approved ticket agency. Charges for these
services are available upon request.
• Ticket Sellers
• Ticket Takers
• Door Guards
• Security for Crowd Control
• Ushers
• ExtraLabor
• Coat Check Personnel
Merchandising/Novelty Fees
• Merchandise/Novelty/Program Sales person -10% of Gross Sales
• Merchandise/Novelty/Program Sales -25% of Gross Sales
• ·Approved Food/Concession Sales -15% of Gross Sales
(Items to be sold must have the approval of the Food & Beverage Coordinator. Lessee will insure that
participants will not sell items sold by facility concessionaire)
Box Office Services:
Select-a-Seat, operated by Civic Lubbock, Inc. through a license with the City of Lubbock, is the Facility's in-
house computerized ticketing agency, and controls all ticketing functions for events held in the facilities. In addition to
the professional fee to the Lessee, there will be a handling fee added to the price of each ticket. The amount of these
fees are available upon request. It is the responsibility of the Lessee to include all handling fees in any and all
advertising placed by the Lessee.
13 1/29/2004
Facility Improvement Fee:
In addition to the ticket handling fee, a facility improvement fee of $ .25 per ticket will be collected. This fee is
used to offset costs for maintenance and upkeep of the facilities.
Security Guards:
Security may be required, based on the type of event, number and/or age of participants, etc. Security shall be
required for any event where alcoholic beverages are served. The number of Security Officers required shall be
determined in accordance with Section l 5 of this manual.
Event Production Services:
Stage technicians, including sound, spotlight operators, stagehands, riggers, forklift operators, etc. are arranged for
by the Facility. The Lessee shall be responsible for the payment of the services. Labor charges are provided upon
request. Note: A 17% charge will be added to the total labor bill for event production. This charge covers expenses
for Social Security, unemployment tax, and payroll administration. Time and a half after 12:00 a.m. will be charged
on all production personnel. One-half hour break after five (5) hours if meal is furnished in-house. One hour break
after four (4) hours if crew is sent out. Food and/or drinks (soft drinks, coffee, etc.) shall be furnished or one 15
minute break every three hours.
Penalties: Break-$5.00/Stagehand
Meal -$IO/Stagehand
Note: -Any event in the Theater, Banquet Hall, Exhibit Hall, Coliseum or Auditorium, which requires use of the
house sound system, will normally require .a sound technician at the current wage scale. Use of the portable sound
system will require a sound technician at the current wage scale. Any exceptions to this requirement must be approved
in advance by the Technical Coordinator. Use of concert staging will require stagehands for set-up and takedown at
the Lessee's expense at the current wage scale.
Sound is not available in single meeting rooms.
Lessee must confirm stage size, and other requirements such as followspot operators, one week prior to the event.
Absolutely no changes in stage size or configuration will be permitted within 48 hours notice prior to the day of the
event.
Band/DJ Policy:
Bands not using house stagehands will have one (1) hour after an event's "contracted out time" to remove
equipment from the building.
At the expense of the Lessee one ( 1) police officer will be required to remain on premises until the band is out
of the building.
• Banquet Hall
Any band not out of the building within the one (1) hour time frame will cause the Lessee to be billed for
building overtime charges. Overtime charges are $150.00 per hour or a portion thereof. A cash deposit of
$200.00 may be required to cover these expenses and is to be paid prior to the event. Any unused moneys
will be refunded the next business day following the event.
• Exhibit Hall
Any band not out of the building within the two (2) hour time frame will cause the Lessee to be billed for
building overtime charges. Overtime charges are $250.00 per hour or portion thereof. A cash deposit of
$300.00 may be required to cover these expenses and is to be paid prior to the event. Any unused moneys
will be refunded the next business day following the event.
14 1/29/2004
Food/Beverage Services:
• Concessions:
The Facility has a contract with Civic Lubbock, Inc., a non-profit 50l(c)3 corporation, to operate and/or control all
concession stands and soft drink/coffee setups. Charges for food and beverage services are available upon request.
In the event that an exhibitor requests food/beverage services, the Lessee will be billed for these services and the
Lessee will be responsible for getting reimbursement from their exhibitors. Any exception to this policy must be
approved by the Facility management, the Lessee and the Exhibitor.
• Alcoholic Beverages:
Civic Lubbock, Inc. operates and/or controls all alcoholic beverage sales. In accordance with the Texas Alcoholic
Beverage Commission rules and regulations, alcoholic beverages shall not be brought onto or removed from the
premises by any Lessee, participant, exhibitor, or patron. It will be the responsibility of the Lessee to insure that
the law is followed. The same policy applies as stated above in regard to exhibitors requesting alcoholic beverage
services.
There will be a charge for bartenders at the current wage scale with a 4-hour minimum (to include set-up and clean
up) for individual open or cash bars for which sales do not exceed $200.00.
Proceeds generated by Civic Lubbock, Inc. from the sale of concessions are used to fund public art programs and
projects in or on City-owned property and provide educational, cultural and entertainment activities in the Civic
Center and Auditorium-Coliseum.
• Tablecloths:
Tablecloths can be provided by either the caterer or the Facility's concessionaire. If the Facility's concessionaire
provides the tablecloths, prices are available upon request.
Note: All labor charges are subject to the current wage scale at the time of the event.
15 1/29/2004
INDEX
TOPIC PAGE#
Abandoned Equipment or Property ................................................ 9
Advertising of Events ..................................................................... 5
Alterations of I.eased Premises ....................................................... 9
Authority ......................................................................................... 1
Authorized Refunds ........................................................................ 4
Booking Policy ................................................................................ 2
Box Office and Ticketing Procedures ............................................. 5
Broadcast or Telecast ...................................................................... 5
Catering and Concessions ............................................................... 6
Conventions .................................................................................... 3
Copyright Infringement ................................................................. 11
Crowd Control and Security Personnel.. ......................................... 5
Definitions ....................................................................................... 1
Display Advertising Rights in Facility ........................................... 9
Equipment Usage ............................................................................ 7
Facility Capacity ............................................................................ 10
Facility Smoking Policy ................................................................. 11
Facility Staff ................................................................................... 12
First Aid Services ............................................................................ 6
Insurance Requirements .................................................................. 4
Intermissions ................................................................................... 9
Lease or Rental Agreement. ............ : ............................................... 2
Liability for I..essee's Property ........................................................ 5
Machinery, Flammable Liquids, and Electricity ............................. 7
Non-Discrimination ....................................................................... 10
Objectionable Conduct. .................................................................. 10
Observance of Laws and Regulations ............................................. 9
Obstruction of Doors, Passageways, Corridors or Lobbies ............. 7
Parking ........................................................................................... 10
Payment of Fees .............................................................................. 3
Permits and Licenses ....................................................................... 9
Photographers ................................................................................ 11
Public Address Announcements ..................................................... 9
Recreational Vehicle Hook-ups ..................................................... 10
Rehearsals and Move-in/outs .......................................................... 3
Reletting and Sub-Leasing .............................................................. 3
Right to Alter Policies and Procedures and Rental Rates .............. 11
Signs, Posters, Literature, Decorations and Balloons ..................... 8
Solicitations .................................................................................... 11
Special Rates and Services ............................................................. 12
1/29/2004