arena lease and management agreement city of glendale, arizona ...

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SUBSTANTIAL FINAL DRAFT 11/27/12 12:35 8.1.10 Maintain or cause to be maintained all necessary licenses, permits and authorizations for the Arena Manager’s management of the Arena Facility in accordance with this Agreement and Applicable Law; 8.1.11 Furnish to the City the reports and other information regarding the Arena Facility and the management as required herein; 8.1.12 Other than Tickets and credentials issued by the Team Owner or any promoter or sponsor of any Event or other activity at the Arena Facility, or any agent thereof, issue all Tickets and credentials for Events and other activities at the Arena Facility; 8.1.13 Verify (and require certificates with respect thereto) that (i) each Licensee has obtained and is maintaining the insurance required by the applicable License; (ii) each concessionaire under a Concessions Agreement has obtained and is maintaining the insurance required by the applicable Concessions Agreement; (iii) the Arena Manager has obtained or caused to be obtained, and is maintaining or causing to be maintained, the insurance required to be obtained and maintained by the Arena Manager pursuant to this Agreement; (iv) the Team Owner has obtained and is maintaining the insurance required to be obtained and maintained by the Team Owner pursuant to this Agreement; and (v) with respect to each City Sponsored Event, the City has obtained the insurance, or has made adequate arrangements for self-insurance, for such Event as required by this Agreement; 8.1.14 Establish and maintain bookings, calendars and schedules for Events and other activities at the Arena Facility booked or scheduled in accordance with the Scheduling Procedures, and use commercially reasonable efforts to schedule and book such Events and other activities in order to utilize the Arena Facility as much as possible in accordance with this Agreement and the Scheduling Procedures; and 8.1.15 To the extent Home Games are cancelled or a Hockey Season is shortened or cancelled, diligently use further commercially reasonable efforts to schedule and book such Events and other activities in order to utilize the Arena Facility as much as possible in accordance with this Agreement and the Scheduling Procedures. 8.1.16 ManagementManage City Revenue Events and Operation of Parking.Community Events in accordance with this Agreement. 8.2 Management and Operation of Parking. 8.2.1 Parking Rights. In consideration of the covenants by the Arena Manager in this Agreement and of the execution and delivery of the Noncompetition/Non-Relocation Agreement by the Team Owner and Arena Manager, on the Closing Date, the City will transfer to the Arena Manager all of the City’s rights and obligations with respect to the Arena Parking Area, including the Arena Parking Rights. The City shall not take any action to reduce the Arena Parking Area. , and will ensure that the Arena Parking Area provides 5,500 parking spaces for each Event during the Term; provided, however, that if the Arena Manager notifies the City no less than three days prior to an Event that fewer parking spaces are required, the City shall only be required to make available such lower number of parking spaces. (a) Except as provided in Section 8.2.1(c), the Arena Manager shall take all actions necessary to provide, manage and operate, for the benefit of the Arena Facility, the Arena Parking Areas. 25
SUBSTANTIAL FINAL DRAFT 11/27/12 12:35 (b) The Arena Manager shall cause the Arena Parking AreaAreas to be available for each Event at a reasonable time prior to the commencement of such Event and continuing until a reasonable time after the completion of such Event. (c) The Arena Manager shall be responsible for the sweeping and other light cleaning of the Arena Parking Areas promptly after an Event; however, the Renewl and Replacement Account, Section 11.5, may be used for capital maintenance and repair of the Arena Parking Areas, including but not limited to patching, resurfacing, sealing and striping. (c)(d) All costs and expenses incurred by the Arena Manager in managing and operating the Arena Parking Area shall be paid by the Arena Manager; provided, however, that all costs and expenses incurred by the City pursuant to its obligations in Section 8.2.1(c) shall be paid by the City. (e) The Arena Manager shall receive as Operating Revenue all revenue from the Arena Parking AreaAreas, including revenue from Parking Advertising, and. Within 10 days after receipt of any revenue received from Parking Advertising, the Arena Manager shall remit to the City an amount equal to 15% of such revenue from Parking Advertising. Other than as provided in the preceding sentence, the Arena Manager shall not be obligated to remit any such revenue from the Arena Parking Areas to the City (subject to applicable taxes, and further provided that this Section 8.2.1(de) shall not limit the Arena Manager’s obligations to remit amounts to the City pursuant to Sections 7.6.4(b) or 8.8.2(d)(ii)). (d)(f) As soon as practicable after the Closing, the Arena Manager and the City will develop a set of mutually acceptable policies and procedures for the operation, maintenance and improvement of the Arena Parking Areas including, but not limited to, the process for relocating any portion of the Arena Parking Areas when that is necessary. 8.2.2 Traffic Control and Parking Security. Pursuant to the terms and conditions of the Safety and Security Agreement, the Arena Manager shall cooperate with the City and the Team Owner to develop, and to from time to time revise, a traffic management and parking security plan to facilitate the ingress and egress of traffic to and from, and the security in Arena Parking Areas for, all Events. 8.3 Event Requirements. 8.3.1 Hockey Events. (a) Arena Manager and Team Owner shall cause the Team to play not fewer than 40 Regular Season Games at the Arena. (b) In the event that the Arena Manager and Team Owner do not play 40 Regular Season Games, the Arena Manager and Team Owner, jointly or severally, will pay to the City an amount equal to $60,000 multiplied by a number equal to the Regular Season Games required by this Section less the Regular Season Games actually played; provided however, this Section 8.3.1(b) will not be applicable to the 2012-13 NHL season. 8.3.2 Arena Manager Events. (a) Each Fiscal Year Arena Manager shall cause to occur through its efforts not less than 30 Arena Manager Events. 26
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