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• RESOLUTION NO. 10,16
A RESOLUTION TO AMEND LITTLE
ROCK, ARK., RESOLUTION 9599
(JANUARY 9, 1996) TO SET OUT THE NEW
TERMS OF A PROMOTER CONTRACT
FOR THE RIVERFEST AMPHITHEATHRE;
AND FOR OTHER PURPOSES.
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WHEREAS, the Board of Directors entered into a concert promoters agreement with the
Concert Company and Contemporary Productions, Inc., to promote concerts at the Riverfest
Amphitheatre, and
WHEREAS, after two years of operation under this Agreement it has been decided to
take a new direction with respect to concert promotion and, to return the operation of the
Amphitheatre of the Parks & Recreation Department, and
WHEREAS, this necessitates amendent of the prior Board resolution and amendment of
the terms of the contract,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
Section 1. Section I of Little Rock, Ark., Resolution 9599 (January 9, 1996) is hereby
amended to read as follows:
The City Manager, after approval of a final draft contract by the
City Attorney, is authorized to enter into an agreement to redefine
the relationship with The Concert Company to promote concerts
at the Riverfest Amphitheatre not otherwise excepted by the
contract, and to set forth the terms for a mutual termination of the
relationship with Contemporary Productions, Inc., provided that
the form of the contract is substantially the same as that attached
as Exhibit A to this resolution.
1 ADOPTED: November 11, 1997 • 578
2 ATTEST: APPROVED:
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aaZi.Z. �O C-.
Robbie Hancock, City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, Ci Attorney
k
Ji Dailey, Mayor
• • EXHIBIT "A" ='30
ADDENDUM TO PROMOTER AGREEMENT
This Addendum is made and entered into on this day of , 1997, by and
between The City of Little Rock, Arkansas, hereinafter referred to as "City ", the Concert Company,
an Arkansas corporation, hereinafter referred to as "Concert", and Contemporary Productions, a
Missouri corporation, hereinafter referred to as "Contemporary".
WITNESSETH:
WHEREAS, the parties entered into an Agreement dated February 22, 1996 (the
"Agreement "), concerning the exclusive right of Concert and Contemporary to present entertainment
at City's Riverfest Amphitheatre (the "Facility "); and
WHEREAS, the parties have collectively determined that the Agreement should be modified
and amended to remove the participation of Contemporary as a party to the Agreement, as well as
to make certain other modifications to the Agreement as provided herein; and
WHEREAS, pursuant to Little Rock Resolution No. ( , 1997), the City
is authorized to enter into this Addendum modifying and amending the Agreement as provided for
herein.
NOW, THEREFORE, the parties do hereby agree as follows:
FIRST
All defined terms used in this Addendum that are not defined herein shall have the same
meaning as given in the Agreement.
SECOND
The first paragraph of the Agreement shall be amended by deleting the reference to
"Contemporary Productions ", which paragraph shall now read as follows:
"This Agreement, made and entered into by and between the City of Little
Rock, Arkansas, an Arkansas municipal corporation, hereinafter referred to as
the "City ", and the Concert Company, an Arkansas corporation, hereinafter
referred to as "Promoter "."
THIRD
The following definitions beginning on page 3 of the Agreement are amended as follows:
"Off- Season" means November 2 through April 14 during the term of this
Agreement, unless otherwise mutually agreed in writing for a particular year.
"Promoter" means The Concert Company, an Arkansas corporation, its
officers, agents and employees, and any heirs, successors or assigns permitted
under the terms of this Agreement.
"Season" means April 15 through November 1 during the term of this
Agreement, unless otherwise mutually agreed in writing for a particular year.
FOURTH
Paragraph 3 entitled TERM is amended as follows:
The term of this Agreement shall be for a period of approximately three (3)
years commencing upon the final execution of this document and shall extend
to and include December 31, 2001 unless sooner terminated in accordance
with the terms set forth herein.
FIFTH
Paragraph 4 entitled DESCRIPTION OF USE AND SERVICES is deleted in its entirety and
following language shall be substituted therefore:
(a) Promoter shall have the obligation and exclusive authority, subject only
to the provisions of this Agreement, to contract, market, promote, produce
and present, in coordination with city, "A" tier entertainment Events at the
Facility, hereinafter referred as "Events" or "Promoter Events ". Promoter
agrees to develop joint venture agreements with other promoters to ensure
quality, diversity and quantity of Events in the facility for a complete Season.
City reserves the right to contract with others to market, promote, produce and
present all events in the Facility other than Promoter Events.
(b) Promoter shall present not less than six (6) "A" tier Events per season
of this Agreement.
(c) notwithstanding the exclusive rights granted herein, the following
events shall not be considered Promoter Events:
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(i) Riverfest, Pops on the River, Jazzlights, Blues Festival and Easter
Sunrise Service;
(ii) community events, which may be "A" tier entertainment, but which is
cosponsored by the City;
(iii) events presenting local or regional artists not deemed to be "A" tier
entertainment;
(iv) orchestral, ballet, theater, comedy and public speaking engagements.
(d) The dates of City events referenced in subsection (c) (i) shall be
disclosed and reserved by the City on or before December 15 prior to the next
Season. The dates of Promoter events shall be disclosed and reserved by
Promoter on or before thirty (30) days in advance of the Event.
(e) Promoter shall purchase all talent for City events other than Riverfest,
Pops on the River, and Easter Sunrise Service. Promoter shall receive an
appropriate booking fee for all events purchased for City by Promoter. City
shall disclose and reserve dates of the events referenced in subsection (c) (ii),
(iii) and (iv) not less than ninety days (90) days in advance of the event unless
Promoter gives its prior written consent to a lesser period of time. City and
Promoter shall use best efforts not to schedule any events within eight (8) days
before or after a reserve date, however neither party shall schedule an event
within five (5) days before or after a reserve date without the prior written
consent of the other party. Furthermore, the parties agree not to schedule
events which will cause an over saturation of the market with the same or
substantially similar genre of entertainment. The parties agree that no Promoter
Event shall be scheduled the weekend before or the weekend after Riverfest
without the prior written consent of the City.
(f) If it is determined by the City, based upon sufficient and reasonable
public comment, criticism, request or suggestion, that a particular genre of
entertainment is desired by the public but has not been presented by Promoter,
City shall give notice to Promoter. The notice shall direct Promoter to present
the requested entertainment by the end of the Season in which the notice was
given by the City, if possible, and if Promoter cannot present such
entertainment in the same Season, then Promoter shall present the
entertainment in the Season following the notice from the City. If Promoter
shall not present the entertainment requested within the time specified, then the
City may present or contract the others to present the requested genre of
entertainment at the Facility. In the case the event shall not be considered a
Promoter Event nor counted toward Promoter's Six (6) "A" Tier Events per
Season.
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(g) Promoter shall manage, operate and maintain the Facility for its Events, 582
and shall contract for its use in a manner that is consistent with, promotes and
furthers the Recitals set forth in this Agreement.
(h) Promoter shall book, promote and produce a diverse array of attractions
featuring "A" tier entertainment Events at the Facility.
(i) Promoter shall arrange, provide, and pay for talent, sound and lights,
stage hands, publicity, advertisement, backstage catering, Event security,
ASCAPBMI, liability insurance, transportation, equipment, telephones, Event
maintenance, crowd sanitation, trash receptacles in such number and size
specified by the City runners and other materials, equipment, personnel and
services necessary for the efficient and safe presentation of Events at the
Facility.
0) Promoter shall prominently display the terms "Riverfest Amphitheatre"
and "River Market District' in all advertising for ticketed events presented by
Promoter at the Facility.
(k) It is specifically agreed by the parties that the terms "Riverfest
Amphitheatre" and "River Market District" are the sole and exclusive
intellectual property of the City, and Promoter agrees to refrain from using
such terms for its profit or gain other than to include such terms in advertising
Events at the Facility.
(1) Promoter acknowledges and agrees with the purposes and intent of this
Agreement as stated in the Recitals hereof. To that end, Promoter agrees to
present diverse genre of music and entertainment providing the widest possible
demographic and cultural appeal in its selection of Events.
(m) Promoter supports the local economy in form of employing area
employees for Events at the Facility.
(n) Promoter shall use an automated ticket service acceptable to the City
for all sales of tickets to the Events.
SIXTH
Paragraph 5 entitled CONSIDERATION is hereby amended only with respect to the
following provisions to read as follows:
(a) Promoter shall pay to the City a minimum of Fifty Thousand Dollars
($50,000) for each Season of this Agreement. To affect this payment,
Promoter shall pay to the City Five Thousand Dollars ($5,000) for each "A"
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tier Event and Twenty Five Hundred Dollars ($2,500) plus ten percent (10 %)
of gross receipts after deducting seven percent (7 %) sales tax for each non "A"
tier event. In the event such payments does not equal Fifty Thousand Dollars
($50,000) per Season, Promoter shall pay to the City on or before November
15 an amount equal to such deficiency. Promoter shall pay to the City a final
1997 balance in the amount of Twenty Five Thousand Dollars ($25,000)
within seven (7) day of execution of this Addendum.
(b) Promoter shall provide supplemental services to the Department of
Parks and Recreation for the purpose of promoting the River Market Pavilions
as requested by the City.
(c) Promoter shall be allowed two thousand (2,000) complimentary tickets
per Event to be averaged over the Season. Complimentary tickets may be
dispensed by Promoter at its discretion. At the end of the Season, Promoter
shall remit to the City an amount equal to One Dollar ($1.00) multiplied by
each complimentary ticket dispensed by Promoter which exceeds the
maximum allowed per Season.
(d) The City may enter into agreements with private parties for the rental
of one or both of the pavilions for special occasions. If the City leases a
pavilion during a Promoter Event, the City shall purchase or cause to be
purchased, at the lowest ticket price from the automated ticket service, a ticket
for each person using the pavilion during the Event.
SEVENTH
Paragraph 6 entitled CONCESSIONS is hereby amended to delete subparagraph (a) in its entirety
and substituting the following language therefor:
Promoter shall be responsible for concessions at all Events. Promoter shall pay
to the City ten percent (10 %) of gross concessions sales. City reserves the right
to provide concessions to meet customer service demand. In such event City
shall give Promoter thirty (30) days of its intent to provide a certain
concession(s). If promoter fails to provide the concession requested within
thirty (30) days the City may provide the concession and City shall pay to
promoter ten percent (10 %) of gross sales of the concession(s) provided by
the City.
Paragraph 6 (b) is deleted in its entirety and the next subparagraph shall be relettered (b).
EIGHTH
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Paragraph 19 entitled NOTICE is hereby amended only by deleting the reference to
Contemporary Productions as the Promoter and inserting the following language therefor:
Butch Stone
The Concert Company, Inc.
P. O. Box 13680
Maumelle, Arkansas 72113
(501) 851 -4300
and by changing the Promoter fax number to: (501) 851 -8649.
NINTH
In all other respects, the Agreement is unchanged and shall remain in full force and effect.
IN WITNESS WHEREOF, the parties do hereby witness their signatures effective as of
the date first above written.
CITY OF LITTLE ROCK, ARKANSAS
Cy Carney
Acting City Manager
ATTEST:
Robbie Hancock
City Clerk
APPROVED:
Thomas M. Carpenter
City Attorney
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THE CONCERT COMPANY
Norman "Butch" Stone