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106250 1 RESOLUTION NO. 10, 6 2 5 0 2 3 AN RESOLUTION TO APPROVE A TWO YEAR a EXTENSION FOR THE PROMOTER AGREEMENT AT S THE RIVERFEST AMPHITHEATRE; ANDFOR OTHER 6 PURPOSES. 7 465 8 WHEREAS, after review by a professional consulting firm on the best way to utilize 9 the Riverfest Amphitheatre it was determined that a single promoter to coordinate events in 10 the amphitheatre was desired, and 11 WHEREAS, because of various problems with weather, construction, and other 12 matters, the City was not able to timely fulfill all of the assurances that it had made, and 13 WHEREAS, in 1998 and 1999 the Concert Company has dramatically increased the 14 number and quality of shows, and in 1999 has substantially increased the income to the City 15 for these shows, and 16 WHEREAS, The Concert Company, which after this ordinance will agree to become 17 The Management Company, desires to have five full years of operation as anticipated in the 18 initial agreement, 19 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 20 THE CITY OF LITTLE ROCK, ARKANSAS: 21 Section 1. The City Manager is authorized to enter into an agreement approved by 22 the City Attorney to extend the term of agreement between the City of Little Rock and The 23 Concert Company for a period of two years to provide entertainment in the Riverfest 24 Amphitheatre. 25 Section 2. The City Manager is authorized to negotiate certain modifications to the 26 agreement, in a form approved by the City Attorney, including but not limited to approving 27 the change in name of The Concert Company to The Management Company. 28 ADOPTED: August 17, 1999 29 ATTEST: APPROVED: 30 _ n p nn 31 32 Robbie Hancock, City Clerk Jim D66ey, Mayor 33 -1- 0 0 1 APPROVED AS TO LEGAL FORM: 2 4 Thomas M. Carpenter, City A omey 6 7 9 10 it 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 .2. `f.8O +1 bV AMENDMENT TO PROMOTER AGREEMENT This Amendment is made and entered into on this 21 st day of September, 1999, by and between the City of Little Rock, Arkansas, hereinafter referred to as "City ", and the Management Company, Inc., an Arkansas corporation, hereinafter referred to as "Promoter." WITNESETH: WHEREAS, the parties entered into an original Agreement dated February 22, 1996 (the "Agreement "), concerning the exclusive right of Promoter to present entertainment at City's Riverfest Amphitheatre (the "Facility "); and WHEREAS, the parties amended the original Agreement on June 15, 1998 to, among other things, extend the term of the Agreement to December 31, 2001, by authority of Little Rock Resolution No. 10,126 (November 11, 1997); and WHEREAS, the parties have determined that the Agreement should be modified and extended further as provided herein; and WHEREAS, pursuant to Little Rock Resolution No.10,625 (August 17, 1999), the City is authorized to enter into this Amendment to modify and amend the Agreement as provided for herein. NOW, THEREFORE, the parties do hereby agree as follows: FIRST The first paragraph of the Agreement shall be amended by deleting the reference to "Concert Company ", and the 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 Management Company, Inc., an Arkansas corporation, hereinafter referred to as "Promoter." SECOND The definition of "Promoter" in Section 1.01 of the Agreement is amended as follows: "Promoter" means The Management Company, Inc., an Arkansas corporation, its officers, agents and employees, and any heirs, successors or assigns permitted under the terms of this Agreement. THIRD Section 3 entitled TERM is amended as follows: The term of this Agreement shall be for a period of approximately five (5) years commencing June 15, 1998 and shall extend to and include December 31, 2003, unless sooner terminated in accordance with the provisions set forth herein. FOURTH Section 19 entitled NOTICE is hereby amended only by deleting the reference to "Concert Company" as the Promoter and inserting the following information: Butch Stone The Management Company, Inc. P. O. Box 13680 Maumelle, Arkansas 72113 (501) 851 -4300 (501) 851 -8649 (FACSIMILE) FIFTH In all other respects, the Agreement, as amended, is unchanged and shall remain in full force and effect. SIXTH Each party has reviewed the language of this Amendment to Promoter Agreement and have had an opportunity to review this language with private counsel, and neither party is deemed to have drafted this document. 2 IN WITNESS WHEREOF, the parties do hereby witness their signatures effective as of the date first above written. CITY OF,4ITTLE ROCK, ARKANSAS Cy Carney City Manager ATTEST: Robbie Hancock City Clerk APPROVED: Q v � 14A 1 Thomas M. Carpenter City Attorney 3 COMPANY, THE MANAGEMENT 4Nrma�n"�Butc " Stone `4t Q-� k 0 Aq�� � �� V, I mo\\