Columbus, Georgia

Agenda Item # ________



Columbus Consolidated Government



Council Meeting



07/30/2002



Agenda Report # ___________





TO: Mayor and Council



SUBJECT: Amended and Restated Hockey Agreement



INITIATED BY: City Manager?s Office

_________________________________________________________________



Recommendation: Approve the attached resolution authorizing the City Manager

to execute the Amended and Restated Hockey Agreement between the City and DVA

Sports, L.L.C.



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 Lease Agreement dated June 16,

1999. After the City entered into a lease agreement with Arena Ventures,

LLC/NBDL on May 29, 2001, the Columbus Cottonmouths new ownership petitioned

the City to re-negotiate their lease. The attached agreement has been reached

between the City Manager and DVA Sports, L.L.C., subject to approval by the

Mayor and Council.



Analysis: The proposed negotiated Hockey agreement is a major revision in

format from the previous agreement. Both the City and DVA Sports, L.L.C. have

agreed to sign the agreement if approved by the Mayor and Council.



Financial Considerations:



Rent: Hockey?s rent will be fixed at $4,750 per night in the proposed

agreement. The current agreement has rent at $2,500 per night or 10 percent of

the adjusted gate, whichever is greater (capped at $6,500).



Concessions: Hockey will receive 25% of concession and catering in the

proposed agreement. Under the current agreement the city receives 100 percent

of concessions. Hockey receives 12% catering.



Facility fee/Ticket fee: Hockey will not pay a facility fee or ticket fee in

the proposed agreement. Under the current agreement the City assesses a

facility fee up to 20% that must be included in the advertised price of the

ticket. The City is currently assessing $1.00 per ticket for facility fee.

The City is currently assessing .50 cent per ticket as a ticket surcharge but

not more than $1,750 per game.



Legal Considerations: Both Hockey Attorney?s and the City Attorney have

reviewed for legal considerations.



Recommendations/ Actions: Approve the Resolution authorizing the City Manager

to execute the Amended and Restated Hockey Agreement retroactive to October 1,

2001.









A RESOLUTION



NO._______



A Resolution authorizing the City Manager to execute an amended lease agreement

for professional hockey at the Columbus Civic Center with an initial term

ending on September 30, 2005.



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;



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;



WHEREAS, the City Manager and DVA Sports, L.L.C. have now clarified and amended

certain provisions of the lease pertaining to dates for the scheduling of

hockey events, rental terms, provisions for ice resurfacing, and other related

matters and the City Manager recommends adoption of the amended lease

agreement.



NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES:



We hereby authorize the City Manager to execute the Amended and Restated

Agreement for the provision of professional hockey at the Columbus Civic Center

between the City of Columbus, Georgia and DVA Sports L.L.C. with an initial

term effective October 1, 2001 through September 30, 2005.

______________



Introduced at a regular meeting of the Council of Columbus, Georgia held on the

_______ day of__________, 2002 and adopted at said meeting by the affirmative

vote of ______ members of said Council.











Councilor Allen voting ______________.

Councilor Henderson voting ______________.

Councilor Hunter voting ______________.

Councilor McDaniel voting ______________.

Councilor Rodgers voting ______________.

Councilor Smith voting ______________.

Councilor Suber voting ______________.

Councilor Pugh voting ______________.

Councilor Woodson voting ______________.







____________________________ ______________________

TINY B. WASHINGTON BOBBY G. PETERS

CLERK MAYOR