HomeMy WebLinkAboutResolution - 2003-R0289 - Amendment To The Coliseum Lease Agreement - South Plains Professional Hockey - 07_24_2003Resolution No. 2003-RO289
July 24, 2003
Item No. 38
RESOLUTION
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 an Amendment to the Coliseum Lease
Agreement executed on November 12, 1998, between the City of Lubbock and South
Plains Professional Hockey Club, Ltd., and any associated documents, a copy of which
Amendment 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 24th day of
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO ONTENT:
Vicki Key, Civic §erts Director
VED AS TO F
July
, 2003.
xl_-2
MAR cD0 G , MAYOR
G. Vandiver, First AssisT''afit City Attorney
DDres/CKAgreeAmend.res
June 25, 2003
AMENDMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
Resolution No. 2003-RO289
July 24, 2003
Item No. 38
WHEREAS, the City of Lubbock ("CITY' hereinafter) and South Plains
Professional Hockey Club, Ltd., ("LESSEE" hereinafter) did heretofore on the 12th day of
November, 1998, enter into a Lease Agreement for the Lubbock Municipal Coliseum; and
WHEREAS, it is the desire of the City Council and the Lessee to amend said
Lease Agreement between the CITY and the LESSEE, NOW THEREFORE:
WITNESSETH:
SECTION 1. Subsections 6(b) and 6(a) of the Lease Agreement entered into on
November 12, 1998, by and between the CITY and LESSEE are hereby amended to read
as follows:
b. LESSEE may operate a youth or amateur ice hockey program,
skating school, public skating or practice for other Western Professional Hockey
teams. LESSEE shall pay the sum of $1 per year for use of the facility for such
purposes. Days and times shall be agreed upon between the LESSEE and the
Civic Centers Manager and shall be subject to building availability.
C. Practices will be subject to building availability. LESSEE will be
given full access to the Coliseum at no additional charge for itself and for practice
purposes with other WPHL teams, regardless of whether the practice shall be on a
non -game or a game day.
SECTION 2. Section 21 of the Lease Agreement shall be amended to read as
follows:
21. TICKETING.
a. LESSEE may use "Select -a -Seat," pursuant to a separate box office
agreement with Civic Lubbock, Inc., which operates "Select -a -Seat" through a
license agreement with the CITY in connection with the sale of tickets to all
events sponsored, cosponsored or produced by LESSEE.
b. LESSEE may, at its option, handle all ticket sales for hockey
games through its office only rather than using the "Select -a -Seat" ticketing
system and service. If LESSEE chooses this option, shall provide to the CITY an
accurate accounting of the number of tickets sold and/or issued for each game.
C. LESSEE shall be limited to the two options listed above and
ticketing shall not be done otherwise.
d. LESSEE agrees to provide an accurate drop count to the CITY on a
game by game basis.
SECTION 3. Subsection 33(b) of the Lease Agreement is hereby repealed in its
entirety and shall be of no further force and effect.
SECTION 4. Subsection 33(c) of the Lease Agreement shall be amended to read
as follows:
C. The CITY and LESSEE agree that a fee may be assessed by
LESSEE for patron parking on the Auditorium -Coliseum parking lot for hockey
games and other events sponsored and/or produced by LESSEE. All sales taxes
associated with the parking revenue shall be remitted to the State Comptroller by
LESSEE in accordance with the laws of the State of Texas. LESSEE shall be
responsible for all costs and expenses associated with such parking fees and
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.
SECTION 5. A new Operational Policies Exhibit A, which is attached hereto as
Exhibit A, shall be substituted for the original Operational Policies Exhibit A referred to
in the original Lease Agreement in Section 1 and made a part thereof by reference for all
intents and purposes.
SECTION 6. All provisions of the said Agreement other than that herein amended
shall remain in full force and effect as originally written.
This Amendment to the November 12, 1998, Lease Agreement between the City
and the LESSEE is executed this 24thday of July , 2003.
South Plains Professional Hockey City of Lubbock:
Club, Ltd.:
By:
Title: O GAL, MAYOR
ATTEST:
Re ecca Garza, City Secretary
2
APPROVED AS TO CONTENT:
(-,)Co-o,- 4��
Vicki Key, Civic Se vie Manager
APPROVED AS TO FORM:
Do d G. Vandiver, First Assistant City
Attorney
ddcon/CKLeaseAmend
June 26, 2003
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.
SECTION TOPIC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
TABLE OF CONTENTS
PAGE #
Definitions..................................................................................
1
Authority....................................................................................
1
Lease or Rental Agreement........................................................
2
BookingPolicy...........................................................................
2
Conventions...............................................................................
3
Rehearsals and Move-In/Outs....................................................
3
Reletting and Sub-Leasing........................................................
3
Paymentof Fees.........................................................................
3
Authorized Refunds...................................................................
4
Insurance Requirements.............................................................
4
Liability for Lessee's Property ...................
5
Box Office and Ticketing Procedures ........................................
5
Advertising of Events................................................................
5
Broadcast or Telecast.................................................................
5
Crowd Control and Security Personnel ......................................
5
Catering and Concessions..........................................................
6
First Aid Services.......................................................................
6
Machinery, Flammable Liquids, and Electricity ........................
7
Obstruction of Doors, Passageways, Corridors or Lobbies .......
7
EquipmentUsage.......................................................................
7
Signs, Posters, Literature, Decorations and Balloons ................
8
Animals in the Building.............................................................
8
Display Advertising Rights in Facility ......................................
9
Alterations of Leased Premises ..................................................
9
Abandoned Equipment or Property ...........................................
9
Observance of Laws and Regulations ........................................
9
Permits and Licenses..................................................................
9
Intermissions..............................................................................
9
Public Address Announcements ................................................
9
Parking......................................................................................10
Recreational Vehicle Hook-ups................................................10
FacilityCapacity.......................................................................10
Non -Discrimination ...............................................................10
Objectionable Conduct..............................................................10
Photographers...........................................................................
I I
Copyright Infringement............................................................11
Solicitations..............................................................................11
Right to Alter Policies and Procedures and Rental Rates .........11
Facility Smoking Policy............................................................11
FacilityStaff..............................................................................12
Special Rates and Services........................................................12
SECTION 1- Definitions
(a) 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.
(b) 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.
(c) 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.
(d) 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.
5. 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.
SECTION 2 - Authority 7771
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.
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 determine 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.
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.
SECTION 5 - 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.
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.
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.
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, or money order.
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.
SECTION 9 -Authorized 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.
SECTION 10 - Insurance Requirements
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 (liability) 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 $1,000,000
Products $ 500,000
Personal & Adv Injury $ 500,000
Each Occurrence $ 500,000
Fire Damage $ 50,000
Medical Expense $ 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.
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 otherwise 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.
SECTION 12 - Box Office and Ticket Procedures
Tickets to all events for which there is an admission 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
ticketing 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.
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.
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.
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.
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, sneeze 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 continental breakfasts (danish, donuts, pastries) for coffee breaks.
SECTION 17 - First Aid Services
First Aid services are available through approved organizations 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 organization providing the service
to collect said fees. A list of approved organizations 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
utilized. The Facility is not responsible for the services provided by any of the approved organizations.
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 (1/2) 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 hazardous materials displayed and/or sold out of their exhibit
booths must have Material Data Safety Sheets available for those products.
Cooking and food warming devices:
Cooking and food warming devices in exhibit booths shall comply with the following:
a. Gas fired devices.
1. Compressed natural gas maybe used where permitted by the authority having jurisdiction.
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 of 2 ft (61 cm).
5. Be kept a minimum horizontal distance of 2 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.
SECTION 19 - Obstruction of Doors, Passageways, Corridors or Lobbies
No portions of the sidewalks, entries, plaza 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.
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 section, 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.
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.
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.
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 signage by the Lessee as well as the hanging location within the Facility and its premises must be approved in
advance by the Director.
SECTION 24 - Alterations of Leased Premises
If alterations of the Facility are required, said alterations must first be approved by the Director.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
SECTION 37 - Solicitations
No collections or donations shall be allowed at the Civic Centers without the approval of the Management.
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.
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.
SECTION 40 - Facility 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 Lubbock Municipal Auditorium/Coliseum
1501 6th Street 2720 6th Street
Lubbock, Texas 79401 Lubbock, Texas 79417
Telephone (806) 775-2242
Fax (806) 775-3240
Director:
775-2236
Assistant Director:
775-2237
Event Coordinators:
775-2244/775-2255
(Booking information - available dates, contracts, rates, room set-ups, etc.)
Food and Beverage Coordinator:
775-2238
(Concessions, catering, bar, tablecloths, coffee and water set-ups)
Technical Coordinator:
775-2258
(Audio visual equipment, stage, sound, lighting)
Box Office Manager:
795-1750
(Computerized ticketing services, event staffing (ushers, ticket takers, etc.)
Accounting:
775-2265
SECTION 41 - Special Rates and Services
General Information:
Building rental rates may be obtained upon request.
Maior Change -over Charges are as Follows:
Single Meeting Rooms: $35.00
Double Meeting Rooms, Room 107, Terrace Suite: $50.00
1/3 Banquet Hall: $75.00
2/3 Banquet Hall: $125.00
Full Banquet Hall: $200.00
Exhibit Hall: $500-$750
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.
Overtime Rental Charees:
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'/z 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 - 11/z times the regular overtime rates.
Base rental rates do not include the event staffing, box office, event production, food/beverage, and other specified
charges. All labor charges will be 1'/2 times the current wage scale. Over time labor charges on holiday will be 1 %2
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
• Extra Labor
• 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.
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 15 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 - $10/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.
Food/Bevera2e Services:
• Concessions:
The Facility has a contract with Civic Lubbock, Inc., a non-profit 501(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.
0 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.
INDEX
TOPIC
PAGE #
Abandoned Equipment or Property ................................................ 9
Advertising of Events.....................................................................
5
Alterations of Leased Premises.......................................................
9
Authority.........................................................................................
1
Authorized Refunds........................................................................
4
BookingPolicy................................................................................
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
EquipmentUsage............................................................................
7
FacilityCapacity............................................................................10
Facility Smoking Policy.................................................................11
FacilityStaff...................................................................................12
First Aid Services............................................................................
6
Insurance Requirements..................................................................
4
Intermissions...................................................................................
9
Lease or Rental Agreement.............................................................
2
Liability for Lessee'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
Paymentof 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