Agenda Item # 2
Columbus Consolidated Government
Council Meeting
12/15/2015
Agenda Report #
61
TO:
Mayor and Council
SUBJECT:
Fourth Amended and Restated Agreement for Professional Hockey
INITIATED BY:
City Manager’s Office
Recommendation:
Approval is requested to execute the Fourth Amended and Restated Agreement between the City of Columbus, Georgia and QB, L.L.C., a Georgia limited liability company.
Background:
The Columbus Consolidated Government entered into the original Hockey Agreement with Columbus Cottonmouths in 1996 under a different ownership. The parties entered into a renewed or amended Lease Agreements dated June 16, 1999, July 30, 2002, September 30, 2005 and November 9, 2010. The attached Forth Amended agreement has been reached between the City Manager and QB, L.L.C., subject to approval by the Mayor and Council.
Analysis:
The proposed negotiated agreement is a revision in pricing and a few other terms regarding scheduling from the previous agreement and an extension of the term of the lease to September 30, 2020. QB, L.L.C. has agreed to sign the agreement if approved by the Mayor and Council.
Financial Considerations:
N/A
Rent
:
Hockey’s rent will be fixed at $3,000 for each League Game and Hockey Event in the proposed agreement. The marketing fee paid by the City under prior version of the agreement will no longer be paid.
Concessions
:
QB, L.L.C. will receive no percentage of concession and catering in the proposed agreement, but instead will receive a bonus of $0.50 for each ticket sold over 65,000 per season.
Legal Considerations:
Both QB, L.L.C’s Attorney and the City Attorney have reviewed for legal considerations.
Recommendations/ Actions:
Approve the Resolution authorizing the City Manager to execute the Forth Amended and Restated Agreement for professional hockey.
Cottonmouths 4th Amended Lease Agreement.doc
A RESOLUTION
NO._______
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FOURTH AMENDED LEASE AGREEMENT FOR PROFESSIONAL HOCKEY AT THE COLUMBUS CIVIC CENTER WITH AN INITIAL TERM ENDING ON SEPTEMBER 30, 2020.
WHEREAS,
the Columbus Professional Hockey Club, Inc., leased the Columbus Civic Center on October 1, 1999 pursuant to an initial lease entered on June 16, 1999; and,
WHEREAS,
DVA Sports, L.L.C. assumed the lease for the performance of professional hockey at the Columbus Civic Center effective October 1, 2001 under the terms of the initial lease; and,
WHEREAS
, the original lease has been renewed, clarified and amended three times by DVA Sports, L.L.C. and its successor QB L.L.C.as authorized by Resolution Nos. 239-03,407-05 and 413-10; and,
WHEREAS,
the parties to the Lease desire to enter into a Fourth Amended and Restated Agreement to extend the rental term to 2020 and revise certain terms pertaining the scheduling of hockey events, rental amounts, concession commissions, and other related matters, and the City Manager recommends adoption of the amended lease agreement.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES AS FOLLOWS:
That the City Manager is hereby authorized to execute the Fourth Amended and Restated Agreement for the provision of professional hockey at the Columbus Civic Center between the city of Columbus, Georgia and QB, L.L.C. with an initial term effective October 1, 2015 through September 30, 2020.
___________
Introduced at a regular meeting of the Council of Columbus, Georgia held on the _______ day of__________, 2015 and adopted at said meeting by the affirmative vote of ______ members of said Council.
Councilor Allen voting __________.
Councilor Baker voting __________.
Councilor Barnes voting __________.
Councilor Buck voting __________.
Councilor Davis voting __________.
Councilor Henderson voting __________.
Councilor Huff voting __________.
Councilor Thomas voting __________.
Councilor Turner Pugh voting __________.
Councilor Woodson voting __________.
_______________________________ __________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor