HomeMy WebLinkAboutRotary Club of Fresno 3rd Amd to Amphitheater AgmtfRC�4"
riles REPORT TO THE CITYCOUNCIL
March 3, 2005
AGENDAITEMNO. 9:00am"FIA
COUNCIL MEETING 3/03/09
oecr�
CITY MMUa� ajo�l
FROM: RANDALL L. COOPER. Director
Parks, After -School, Recreation and Community Services Department
BY: PAUL MELIMAN, Administrative Manager¢
WILLIAM BROOMFIELD. Special Events Manager
Parks. After -School, Recreation and Community Services Department
SUBJECT: 1) APPROVE THE THIRD AMENDMENTTO ROTARY AMPHITHEATER AGREEMENT
BE'RA EEN CITY OF FRESNO AND THE ROTARY CLUB OF FRESNO
2) APPROVE THE 477"AMENDMENT TO MASTER FEE SCHEDULE RESOLUTION
NO. 80-420 REVISING RESERVATON FEES FOR THE WOODWARD ROTARY
AMPHITHEATER
RECOMMENDATIONS
Staff recommends that the City Council approve the attached third amendment to the agreement between the
City and Repay Club 0 Fresno and the 4,rih Amendment to Master Fee Resolution No. 80-020 revising the
reservation fees for the Woodward Rotary Amphitheater. and that the new fees become effective March 16,
2009. The first phase of Amphitheater tee amendments was adopted on July 29, 2008, when Council
approved the second amendment to. me agreement with the Rotary Club of Fresno for the operation of the
Amphitheater, In which all rights to concessions now vest exclusively with the City and the Improvement Fee
(charged per attendee) was updated The attached third amendment amends the agreement one additional
time to reflect that since July, the City has worked with the Rotary club to wend the percentage charged on
concession sales from the existing 20% to 35% to reflect concession agreements in place at comparable
venues.
This report will communicate the final phase of fee amendments required to support the financial strategy
required for the Woodward Park Rotary Amphitheater to become self sustaining while ensuring professional,
ofident operations and providing for continued capital investment. The management and operation of the
Amphitheater currently rests with PARCS, however the Department will be working with the City Managers
Office going forward to investigate the possibility of outsourcing to a management company. The proposed
fees are necessary in the interim to ensure the continuetl success of the venue based upon a balance of
preserving public access, meeting cost recovery targets, and we'Ighing competitive factors: all of which are
detailed in this report.
EXECUTIVE SUMMARY
The recent Improvements at the Woodward Park Rotary Amphitheater have transformed it into one of the
premiere outdoor entertainment venues in the Central Valley. The Amphitheater has hosted 27 events in 2008
with an average attendance of over 1,900 per event. The primaryddver of this increased usage is the
Department's focus on promoting the Amphitheater and recent Improvements to make it a more attractive and
viable entertainment venue. viemnrtamcbmvMll
oma =. Ric r
Sofa9oswnnoo�i= ��+R
REPORT TO THE CITY COUNCIL
WOO Nerd Rotary Amphitheater Third Amendment a Participant Fee Amendment
Mamh3,2009
Page 2 of a
The first phase of Amphitheater Improvements included $1.740,0001 for the shade structure over the entire
venue; increasing the seating capacity from 3,000 to over 4,000, upgrading the landscaping, adding mister
stations. electrical repairs, and upgraded power for sound& lightting. Future improvements to fully build out the
Amphitheater will include: building a green room ark dressing rooms, adding three restroom facilities, an
additional concession building, nraadng two vendor pavilions, and adding additional parking and A new
pedestrian entrance. The total cost of Me remaining buildout is approximately $2.5 million.
Will these significant investments, the facility Is expected to operate as an enterprise: actiuiry, generating IWA
of [as own] revenue needed to support operations, fund new amenities, and provide for ongoing capital
Improvement funds to maintain the facility. For example, the fabric used for Me new shade rnucture has an
expected Its of 10-12 years, and will require approximately $150,000 for its eventual replacement. Without an
ongoing abdicated funding stream for facility Improvements, the Department will be unable to sustain the high
level of amenities needed to attract events year after year. In addition to the required funding for ongoing
Improvements and repairs to sustain the Amphitheater, the Increased usage and additional appeal
trandates to higher operagng costs for event staff utilities, maintenance, and equipment rentals.
The Department proposes to adjust reservation fees from the current flat rate rental structure to a variable
'percentage of gross ticket sales formula (detailed beginning on page five) that ensures organizers Pay Meir
fair share of event proceeds while maintaining access for non-profit organizations. Reservation fees must afro
generate sufficient revenue to cover all operating costs and provide for capital improvements while remaining
competitive within our local and regional markets
Why Now
The timing of this fee amendment is crucial in that the Amphitheater has gone through one season with
drastically improved usage, leading to increased name recognition, and has allowed event organizers and the
public at large to seethe potential of further developing the venue. Asa pees ctive measure, the Department
has already been discussing amending reservation fees with all event organizers at the time of their particular
event booking. Most of the organizers were surprised at how low the current fees are and fully expected to
hear that rates would be increasing for the next season.
Beyond this. the timing for a fee amendment he impodam as many of the events were successful this year
because me Department put everything together on a very limited budget (at times Impacting operating funds
for other programs) and extensive use of volunteer labor. The Amphitheater simply will not main Me status of
a Pro)essional enferfainment venue without a dedicated budget for staff, operations, and continued capital
improvements; something that can be funded finitely from event evenue if managed proacgvely. Adopting
'wail and seeapproach to revising Amphitheater fees will result in another year of Insufficient revenue to fond
continued capital improvements, and the less of momentum and public excitement that has bull up this year.
Current Situation
As specified In file Master Fee Schedule, the Rotary Amphlhealer is presently rented out at the same rate as
other PARCS AmphlMeaters and Group Activity Areas; specifically the Eaton Plaza Amphitheater antl Group
Activity Areas at Woodward, Holding and the Regional Sports Complex. These venues do not have Me same
level of amenities and operating costs as the Rotary Amphitheater, requiring a differentiation of tees changed
for its use. The first phase of this differentiation was completed on July 29, 2008, when City Council adopted
the second amendment to the agreement with the Rotary Club W Fresno for Me operation of the Amphitheater,
in which all rights to concessions now vest exclusively whe the City and the Improvement Fee (charged per
attendee) was updated.
1$1 5millbnv v WNhYwd fnM the 2001 Bond ath the i¢malnip0 f2an.CW rundeE hen the uralkcared ismon of the Pad,
rater Fee Tssha¢ounr per the 401' AAO.
REPOPT TO THE CITY COUNCIL
Worried! Rotary Amphitheater Third 4menomem 8 Reservation Fee Amendment
Mand 3, 2009
Page 3 of 8
City will. corlect 20% (revised to 35% per the atlached 3" amendment) of to gross sales of ell food and
beverage tram concessionaires , with 25% payable to the City and 10% to Rotary. (Rotarysell then re-
invest the pr0caeds into facility build -out)
• The improvement fee (charged per attendee) will be $1.00 until January T 2009, when it will increase
to $2.00. The tee will increase one last lime January 1, 201010 $3.00. The eventorganizer typically
Losses this on to the ticket purchaser in the ticket price.
The Department has conducted a comparison of the current rental fees to Me fee levels necessary for the
Amphitheater M be self-surreining ti.e. achieve 100% cost recovery). An Organization can currently reserve
the Amphitheater for lust a$500 flat fee for any eventexpected to draw more than 500 people. Average
attendance at the 26 events this year of the Amphitheater has been approximately 1,900 people, with an
average 500complimentarytickeis offered per event Under the current fee structure the Amphitheater cannot
be self-sustaining and will continue to be underpricedrelative to its peers, using Me assum brons below for
stabilized usage
• 40 events per year with 80% of events being admission -charged restating in the per attendee fee being
paid. (32'admission -charged l8 non -admission -charged)
• 1,500 average cold tickets per admission -changed event
$1,000 average concession revenue per admission charged event (20% of the gross sales of food &
beverage),
Assume a reduced $500 average concession revenue for non admission changed events.
These assumptions would result in forecasted annual revenue of $153,200 in 2009 and $201.200 in 2010 and
beyond, which falls well short of Me operating and capital requirements of the facility'.
Budget Forecast- Current Fee Structure
Event Assumptions
20011
2010 f0rwainol
32 Admission Charged Events x $500 flat rental lee
is
16,000
$ 18.000
32 AdmisvomCharged x 1,500 paid tickets x
96.000
14G,000
$2.00 (ciaxiI $3D0 (2010) Improvement Fee
32 AdmissionChargedEvents x $1,00G sag Concession tea
32.000
32,OOo
0 non Admission Charged Events x $500 flat rental tee
4,090
4,000
e non -Admission Charged x Who sea Concession fee
4,000
4,000
Anticipated Advediong Revenue
1,200
i'do
Total Annual Revenue
S
153,200
5 201,200
Average Revenue par Event
S
3,830
$ S,o30
Annual Operating&Capital Requirements (sea pg 3 for derail)
S
2911000
$343,200
Required Average Revenue per Event
$
7,250
S 8drat
Net Annual Operaliona
5(13'1100)
$042,W0)
Net Operations Per Evert 14D ev n
5
3,420
S 31
As you will note, the primary driver of revenue Is Me [per attendee] Improvement Fee charged on admissi0n-
ohargedeverms While the revenue generated from Me Improvement Fee is significant her current lee
structure is net suf is ent M make the Amphitheater a self-sustaining operation and complete the buld-out of
Me facility.
REPORT TO THE CITY COUNCIL
WWdixi Battery Amphitheater TM1IN Amendment 8 Reservation Fee Amendment
All 3, M09
Page 4018
TM Four Success Factors
The Department has completed an exhaustive review of the operating and capital needs of Amphitheater
through the lens of the competitive environment that It operates in. The result was the identification at the
fallowing success factors:
T Provide adequate staffing & resources to manage rhe facilay In an efficient & profesdaral manner
2. Establish a pricing schedule that ensures organizers pay their fair share of event proceeds while
maintaining access for non-profit organizations.
3. Generate sufficient revenue to cover all operating costs and provide for capital improvements
4. Be competitive within our Local and Regional Markets
Success Factor N I —provide adequate studying & resources to manage Me laaliry in an efficient &
professional manner
In order to illustrate Me basd for a fee amendment, N is necessary to Vessel the required operating and capital
budget for the Amphitheater to be successfully operated as one of the premiere outdoor enter anment venues
in the Valley. The hlmorlral operating expenses of me la ndily are not reflective of Me future as current
improvements have vastly improved the marketability, demand, and corresponding use of this venue. The
additional amenities also pose an increased responsibility for the City to plan for their eventual repair and
replacement.
Amphitheater Annual Operating & Capital Budget
Dceratirg Budget Detail
FacIIIry Manager d4ill, fringe)
202
$ mul
2010 Orin ingt
$ 51
Overhead (phone, PC, mueage, enc.)
5,000
Eo00
Customer suppon a Evoking Fees
25,000
25oW
Event Staff(avg a people x 4 his x$1 ore)
15.000
15,01x1
Maintenance staff (1.00 FTE tamp MW 1)
30.200
m2W
Venue Supplies Custodial
7,500
]',500
really Repalm
5.000
So00
Utilities
10.000
101
Venue Marketing & Promotion
10,000
later)
Equipment Renals
25.000
25,000
Equipment service&Depreciation
10.000
10,000
Total Est Annual Operating Budget
S200,130
$200,700
CAPAW Improvement Program Budged
Equipment Acgwsidem
5 0
$ 25000
Equipment Replacement(non-Fleet manatee)
0
2.500
Shade Structure Depreciation
15, am
15.000
Annual Conference to Facility Hold Out
74300
100,000
Toll Annual Cepdal Program
$891300
5W..500
Total Annual operating is Caplbl Requirements
$ 290,000
$ 343.200
Average N Annual Events
4p
40
Regulate! Average Revenue Per Evers
$ 7.250
$ 9,590
The budget shown above is intended to capture me full -most of Me operating and capital improvement needs of
the facility including a full time Facility Manager (The Department events and outreach team will most likely
use Me Facility Manager to coordinate other evems in Me off-season mki The 2009 budget shown above
Inclludes $25000 for equipment rentals, however due to Me ongoing need for Me equlpol it is more rest-
REPORT TO THE CITY COUNCIL
W0.Wwartl Rotary Amphitheater Third Amendment 8 Reservation Fee AmeMment
Meet 3, 2009
Page 5 ci8
effective to purchase than one The 2010 (ongoing) budget includes an allocation for equipment acqulsNon.
The following table illustrates the necessary equipment and related acquisition costs:
FToW
n Coat
$15,000
ht Towers- Palling Lot Lighting 36,000
trol Mmefs 10,000
haim 5,000
Egolgmenl 10 WO
6]6,Igo
The acquisition cost for the equipment will W spread over roughly a threesyear period As the Departoent
acquires more equipment, the corresponding rental expenses will decrease. and free up resources to ether
fund unforeseen equipment needs oraccelerate the facility build -out.
Suttees Factor X2—Establish a pricing schedule thatensures organizers pay their fair sham of event
proceeds while maintaining access for non-pmtit organizations.
In order for the Amphitheater to be self-sustaining (achieving 100% cost recovery), the average revenue per
event would need to be $8,589- based upon the operating and capital budget presented above. Under the
current fee structure. the forecasted per event revenue is $3,830 in 2009 and $5,030 in 2010 and beyond. So.
even with the Improvement Fee at the highest level of $3.00 in 2010 and beyond. the City is short $$550 per
event for an ongoing annual deficit of $10$000.
Assuming that no reductions are made to the above budget that would impact the level of sconce or capital
improvements at the facillty, the Department has identified three options to fund the $142.000 annual deficit,
Option Y1 - Allocate additional General Fund dollars to subsidize the facility. This option would result In less
money for City-wide park Tumescence. Given the specialized (niche) use and revenue generation potential of
this facility, this option is not recommended.
Option p2- Reallocate approximately 73% of the caotal porion (51.00 of $3.00) of Woodward Park gate fees
to. the Amphitheater budget. This option would reset in a significant reducvon in available capital improvement
funds for Woodward Park and a deterioration of park ameirties. This option is not recommended either as the
scope of capital needs at regional parks exceed far beyond the Amphitheater,
Opton83—(Recommended)'. Amend the current fee struddre of the Amphitheater so that full cost recovery
can be achieved and fees can be competi9ve within the venue's local and regional markets'.
Proposed Fee Structure
• Increase Amphitheater use fees from a flat fee of $500 to $1500 orb%ol the gross ticket sales. whichever
is greater. This is the most important charge to the Amphitheater fee structure. The percentage of gross
ticket Miss is a typical fee arrangement found at entertainment venues, and allows for proceeds to the City
to be automatically adjusted for fluctuations In the market and provides assurance to event providers If
ticket sales do not meet projections. Based on an average ticket price of $20.Oo and t, 500 paid tickets per
event, it is undamped that most events will be subject to the 8% of gross ticket sales. The 8% of gross
ticket sales will be In affect for Me tied year (2009), with the percentage being increased to 10% for the
2010 season and beyond.
REPORT To THE C" COUNCIL
Woodward Relary Amphitheater Thirb AmarMment s Recension FM Amendment
Penh 3, 2009
Page B W a
• The Improvement fee will continue to be Wllected for all admission -charged events_ The event organizer
Wil have the ability to after up to 200 complimentary tickets per event. The City will odium the Improvement
fee from the organizer I more than 200 complimentary tickets are offered (per tickeVaUove 200)
• For norr-profit organizations wishing to hold an admissiomabaroed event, the City would offer the venue at
the current fee of $500 Wdhoulthe percentage of gross ticket sales option, plus collection of the
Improvement Fee. It is important to note that the Improvement Fee is typically passed on to Me ticket
purchaser and would not adversely impact me non-profit organization.
•
For non-profit organizations wishing to hold a non admission emerged event, a $1 500 flat rental fee would
apply, with no Improvement Fee being charged It Is important to remember that this facility is not the only
venue available in our Park system to non-proflt organizations. They will still have the ability 10 rent the
Forton Plaza Amphitheater and Group Activity Areas at all three regional parks at the previous flat rate.
• With the approval of the washed! third amentlment to the agreement with the Rotary Club, me City will
receive 35"'= of the gross sales of all food and beverages }mm concessionaires.
• In addition to reservation.ticket, and concession revenuer events at Amphitheater generate atldltlonal
parking fees at Woodward Park. Ace Parking Management has begun trackirg parking revenue for Mese
events separately. The Departrnent plans to allocate the parking revenue generated by Amphitheater
events specifically to the boasting and capital needs of the facility.
• DependiN upon schedule availability the Amphitheater will be available for rehearsals at$350Par day
-
• Standard event equipment such as Wble4chaus, crowd control owners, and scissor in will be available for
rental. The mobile stages will be also be available at the established rate of $1.200 par day.
Technical crews are scheduled for rehearsals and performances as needed, and paid for by the protlucer.
Costs for crew members are billed at prevailing wage.
Success Factor #3 -Generate sufficient revenue to cover all operating costs and provide for capeal
improvements
As stated earlier. the Department expects the venue to become 100% self-sufficient, covering all operating
costs and funding an ongoing capital improvement program. This section will demonstrate the effect of the
revised fee structure using the same assumptions of facility activity (a of events) as before
40 events per year with BVI, of events being'admission -charged resulting In the per attendee fee
being paid. (32' admission -charged'/8 non -admission charged)
• 1.500 average paid tickets per admission -charged event at an average $20.00 ticket price
• Assume 200 complimentary tickets per admission -charged event
• $1,000 average concession revenue per admission -charged event (359% of Me gross sales of food &
beverage).
Reduced $500 average concession revenue for winadmissioncharged events.
• Allocation of a portion Woodward parking revenue generated how Amphitheater events,
REPORT TO THE CITY COUNCIL
WeotivreM Rosary Amphitheater TMrd Amendment 8 Reservation Fee Amendment
Mande 3.2009
Page 9 of S
Financial Impact of
When the percentage of gross ticket sales goes to 10%And! the Improvement Fee goes to $3:000 in 2010, Me
average revenue per event of 56,930 will then meet and exceetl the operating and capital budget requirements
of the facility. The expected net income of 5350 per event will be re -invested into the Amphitheater's capital
improvement program. helping to accelerate the facility build -out. The Department projects that revenue
targets WTI be met or exceeded over the next wveral years due to Me following factors:
As the population grows and name recognition increases, the facility will hold more than 40 everts
annually.
• Event attendance will increase
Average ticket prices will exceed $20
Advertising opportunities will be actively pursued, including Me passible naming of the venue.
Suppose Fecror se -Be Competitive Will our Local anal Regional Merkefs
The Department did not wish to bring fees forward based solely on cost recovery targets. Recognizing plat the
venue will be competing for business with other entertainment venues In the Central Valley, Staff surveyed
comparable entemminment venues for their fee structures and found Me use of the'pement of gross aced
salesapproach i0 be very common. It should be noted Mat there were several priesely-lwned ourdoor
Amphitheaters in the State that Staff attempted to obtain fee Informatlon for however those organizations
w0uld not share their fee stmchure. Adhough we do not have the official fee structures for those facllMies, Staff
believes that the percent of gross ticket sales' method is also used at these venues.
2008 $sewn
2010 Sown
fin.vani
2008 fk akdvr tar Admissipn-ChmymI Events x 52,400 rental lee
'Assumes 1,50t520Ncket=$30;000. Max- talf1p�realor than$1,500
$ ]6;00
2010 geewn(OrgOing): 32 Admission Charged Events x$3,600 rental lee
Assumes 1,600 x 5201tickel=$MEI (10%- 33, 000 and greater than $1,500)
$ 991000
32 AdmissionChargedEvents x 1,500 paid tickets x
Who 20091$300(Mal Improvement fee
96,000
144000
32 ammundson-Cheread Events x $1.000 ang Concess0n has
32,000
8200
9 non- Admission Charged Events x$1,500 flat rental lee
12,00
12,000
seen -Admission CMM dEveMsx$500av Concessionlw
4,00
4,000
Anticipated Advertising Nave rm
1,200
120
Anticipated Event Parking Revenue
fi9,00
6800
0,700 did attermarkAeseash 3 persons per Par x $3.00 x 40 events
Tout Annual Revenue
S 29op00
is 35],20
Average Revenue per Event
S 7,250
S 8,830
Total Annual Operating d Capital assessment
s29o,00
$343.200
Featuired Average Revenue per Event
S 7125D
$ 3,580
Net Annual Operations
S 0
514,000
Not Otsocial Per Event
S 0
IS 350
When the percentage of gross ticket sales goes to 10%And! the Improvement Fee goes to $3:000 in 2010, Me
average revenue per event of 56,930 will then meet and exceetl the operating and capital budget requirements
of the facility. The expected net income of 5350 per event will be re -invested into the Amphitheater's capital
improvement program. helping to accelerate the facility build -out. The Department projects that revenue
targets WTI be met or exceeded over the next wveral years due to Me following factors:
As the population grows and name recognition increases, the facility will hold more than 40 everts
annually.
• Event attendance will increase
Average ticket prices will exceed $20
Advertising opportunities will be actively pursued, including Me passible naming of the venue.
Suppose Fecror se -Be Competitive Will our Local anal Regional Merkefs
The Department did not wish to bring fees forward based solely on cost recovery targets. Recognizing plat the
venue will be competing for business with other entertainment venues In the Central Valley, Staff surveyed
comparable entemminment venues for their fee structures and found Me use of the'pement of gross aced
salesapproach i0 be very common. It should be noted Mat there were several priesely-lwned ourdoor
Amphitheaters in the State that Staff attempted to obtain fee Informatlon for however those organizations
w0uld not share their fee stmchure. Adhough we do not have the official fee structures for those facllMies, Staff
believes that the percent of gross ticket sales' method is also used at these venues.
REPORT TO THE CITY COUNCIL
WmNvard Rotary Amphnbeater Tool Amendment 8 Reservation Fee Amendment
March 3, 2009
Pegs e a e
Comparable Ampbiffi ters & Local Venues
Venue
receptor
Cepecry
Assy Usefee
Aser ie
oMerfoes
n Evam
wo74wam Ror.ry
Frasm. Cq
q,00a
a%(2039)rm9(2010) o1
$1.5WMey
So W per American for
gmp"heAer
Cases neral sales, or$1W
Acm6yon.Charged erxrim
whB:hever is greater
20h. Curs Cmowsiore
-S1
-WWdsv Ior rareness
wllliem Series
Frenno.CA
2,353
Are or 10}01 Grove;
n2
No me" deal =man
Tweeter
Tkkd salesv.Lichevarm
out at ready rates.
RBler.
Greek Treater
Los Angelm,
5, Mal
t Ok or Gross T[kel Sole B. err
51,0.N/$13W
SSW non�Refurdl
CA
Upon wriCheverls greeter
GepeMing on
Reseval'gn Fee
mandarlae
for Manassas
Jell Ma"NenSCI Ford
HolnW .
1.250
or
92 0. $1 WRetained
Na
ainer
Ret$221
Anneal
CA
Negal'laled%ofGtiossss
Worynue:
radial
Non-Pm41 Rehearsal Mesa:
No, Count flaw: $3,500 A
$1790aday
wrijaral alsovillee
Masa seen easier
Mesa, q2
4.950
12% of Gross Tonal Salw', or
Flat Rues can
$3 W per Anevger
SIRW"obeear eater
dune 'ale0
wecer Pant Events
s10cNoa
variable
S5,3mfcay
$d,llMday
s%zs%'ol CprcB%gy
Cotler
CA
$o,t Tani
E3,MNdayresin -
pmrd
No sten lltluem, mmam
nal in hourly.miss.
sensor
Papebn. HE
1350
$I RGJ.I Ts GmGmy Tons
$1,200
we
Amphnhraterat
Sees
warned Creek
Nnowile Owes
Knovale,
unkmwn
$1,OWmID%NGron
S1.versay
No$reitlindudsl changed
Mlphtlhader
IN
Tbel SwNs vfiltlrever is
$]SNcey nom
out hoody ralee.
realer
proof
As mentioned eadler, the'percentage of gross ticket salesmethod was a common lee arrangement found at
other outdoor entertainment venues. This lee structure allows for the City to gat its fair share' of event
proceeds to cover operating antl capital requirements, while not overburdening the event organizer with high
fixetl costs.
The timing of this fee amendment is crucial In that the Amphitheater has gone through one season with
drastically increased usage, leading to name recognition, antl allowed event organizers and the public aPlarye
to see the potential of further developing the venue. The Amphitheater simply will not Spain the status of a
professional entertainment men le Albert a dedicated budget for staff, operations, and continued capital
Improvements, something that can be funded entirely from event revenue if managed proactively. Adopting a
'wan and see' approach to revising Amphitheater tees will result in another year of insufficient revenue to fund
confirmed capital improvement, and the loss of momentum antl public excitement that has built up this year.
Attachments: Master Fee Schedule Amentlmeet
SAmendment to the Rotary Amphitheater Agreement with the Rotary Club of Fresno
July 29, 2008 Council Report re'. 2 Amendment to Rotary Club Agreement & Restoration
Fee Revision
THIRD AMENDMENT TO ROTARY AMPHITHEATER AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT ("Amendment") made and entered
into as of this day of , 2009, amends the Agreement heretofore entered
into between the CITY OF FRESNO, a municipal corporation, hereinafter referred to as "CITY,"
and the ROTARY CLUB OF FRESNO, a California nunprofit corporation, hereinafter refened
to as "ROTARY."
RECITALS
WHEREAS. CITY and ROTARY entered into an Agreement, dated August 25, 1992 for
the design and construction of an amphitheater, as once amended, hereinafter collectively
retuned to as "Agreement;" and
WHEREAS, CITY and ROTARY desire to modify the Agreement in certain regands,
upon the terms and conditions herein.
AGREEMENT
NOW, THEREFORE, in construction of the tonguing and of the covenants, conditions
and mancises hereinafter crammed, to he kept and performed by the respective patties, the
parties agree that the aforesaid Agreement be emended as follows:
1. Paragraph 17, subsection A, shall be revised to read:
A. All non-party event permittees, licensees, promoters, and/or other
users shall (i) pay the CITY twenty five percent (25%) of the amount
determined by gross event revenues net only of sales/excise tares, and (ii)
pay the ROTARY ten percent L(Shi of the amount determined by gross
event revenues net only of sales/excise taxes. In the event ROTARY ams
as a permittee, licensee, promoter and/or other user the ROTARY shall
pay the CITY twenty five percent (25%) of the amount determined by
gross event revenues net only of sales/excise taxes. In the event the CITY
nets as a permittee, licensee, promoter and/or other user (other than as to
concessiona) activities as defined herein) the CITY shall pay the
ROl'ARY ran percent (IM) of the amount determined by gross event
revenues net only of salesrexcis t taxes. For purposes of this section the
term "gross event revenues" includes only all revenues generated by
and/or arising from concession(s) activities.
2. All capitalized terms used in the Ameruhnem, urdess otherwise defined herein.
shall have the meanings assigned to such terms in the Agreement.
3. Except as otherwise provided harem, the Agreement remains m full force and
effect.
Page I of 2
3. Except as otherwise provided herein, the Agreement remains in full force
and effect.
M WITNESS WHEREOF, the paries have executed this Amendment at Fresno,
Califomie the day aW year first above wdren.
CRY OF FRESNO, ROTARY CLUB OF FRESNO
a municipal cowraiion A California nonpmfit corpomdon
By:
Randall L. Cooper By:
Title: Director
Title President
ATTEST:
REBECCA E. JCJ.ISCH
City Clerk
m
Deputy
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City
—}/Attomaor�
By
=
aF. "[4MJti Aer I=o
Page 2 af2
REPORTTOTHECRVCOUNM AGEIDAITEMNO.
COUN�C,I,L MMMEECgET
tam°•"'�"' "'"'^ �.� _ —
N k&Al
RANDAUL L COOPER. Dimdnr
Parks, ANcSrhod, Recreation and C�(o(((m��ments Services DapereM
M
JERRY HAYNES, Jusbasm Duacear�
PAUL MELIMAN, Aulministra ve Mdd�kg9
Ease, MarStlgol. Recreation and Community SeMces Depamnxt
t) APPROVES MNDAME OMENETOMTARYAMPHITHEATEHAGHEF NT
8E EENTHECRYOFFRESNOMOTHEROTARYCLUBaFRESNO
2) APPROVETHE4ni AMENDMENTTOMASTERFEESCHMULEtiE MION
N(18 REVISING THE IMPROVEIAENFFEE FORTISWOUDWARD ROTARY
AMPHITHEATER
KEY RESULT MEA Cl6tomer5e0Aaclim
RECOMMENDATIONS
assOnsmands Mat that City CWrcil appove Me 1) Second emsMiaM Is Rotary Amqutlmlar Agraement
bout Me CItY of Fresno (Cly) and Fesno Romry Club (Ropy) and 2) the 472"' Amendment to Mester Fee
Amba No. SD420 revising Me realmlion fee for the Woodward notary AmpHdlemer, and Met this new
Easel eflIsUive August 9, OX8,
SUMMARY
Me Second amendment is la Nannette Me (NON91on regarding me
Under Me gorysed second amendment, all na s Ip xnmesimn x91.
1 night In rGam all posts.
of its concession ABMs, the City agrees W Me fdlomrig.
Invest $1.000,CW ter Amqutllealer improvements consistent x1M constitutional and loeal law
requiremems. Ifiv tats elreeEyteken pace tMwyl Me Park don0 paceeds.
cm
M Amendment to Agreement seasonal Clry add loosely
r8. 2008
2
• Assume Me reaporoido of MeseconMa assfin inter'sum.
• Complete Me aes[aectlota Meuse. er mtlirg iMudlrg Me caubutllondtlla east
atelmay al Me eaNe& ppssibb Eine.
yagraesto Memkow :
•
Coni a minimum of$W.B0o lw a mutually parasol upon oastal imprwemart prolecl(s)for
Me MrphiiMeater.
• The Rnarymalopdmpurcbambr Me AmpxdheetersMllexplre December31.2016. Atleeel
optlms 9M by Rotarystlall ba fanned in a pKwtl of le years for a mmun m d Waviness In
any detonator year.
• Seat OlNlms he lees states wJl not dd doMsidered as pad of the 10 events pressously
maintained.
• The AmpM1mtaler pen ddket handsoneem lee amount stall ba phase! In at ElOMket after
January 1. 20B W.0plicket ether January 1, 2009 and B3.o6M1kEd ether January 1.2010.
season Reven
Bbn to Me above conlreWal Momosiona, a now eeaLm has been added a to asraemere wNch
as to 8bmbm of grpas evert mnconadi revenue between the City and Rotary, Adoc irg to M's
n, aN Mmparty e1e1t pormasea, Ilcerbee9, extini under other wows shall pay Me Qty 1tlK 0Wave
commsibn (esenwis net only ofmles/m Jse Ivies, and My Me Rotary 10M of Bross avmt contestant
res not "of seleyudse Wes.
endow chair user chat Rotary
vmun repor v 11) d
slim w IrrpMWmvemem ro me
Iiserlsee, Math
a ro all reventws garyreted byndMr Main 1vm comisai
and pool
Isolated
mpMtlwsrer Mui a coved Pi to begin crlargng a reduced Et (Kendall fee, with a
r to reach a$3.DJ par icast Identical In pmceetls receivM from gross event
the tenet fee revenue WI DB used lot Me openvin and behalf hnprovement needs of
KEY OBJECTIVE BALANCE
The amondrarRv the dietary conoM WU Movade more amentias la Tren09 cnizms to enjoy w voting
Wocdead Park Al%of Undoubtedly generate posave eapereraas In dithers. City empbyees ail also
hovean0rngeeal ants to ewixanivlfios- PARCRis levereaug Ciry laths bypenmetng wlM Rolery fM
WnA'IVed )mINOVemen6lo me WdxlwarJ &npiammater.
�j
Jury Pg, gW8
Page 3
e
last
I to two&
re vlteCin
what ravened lacilgy more lees. Me per tectal p1mvOme al fes win aMw the Cim, 10 geralrate sugM^ant
C, can' to me Amphilmmalw seat sal pail hsps far capthal Improvements, The Was poor 'pM1as H lo'
1Ire the lee will al custunors ca entrance mipravannras to that vena over me next aeverel years
ba value in me face Merged. Moral an a mnservetlM esamem d 32 seam pe year abor an
> 1.500 amoebas each, Me Octel file sell protein 11,48,003 annuely, %fik8 all Ca used to oH9et
rho Ue all fed EY Nerdarwe leets. AlM's Moore, Me Oeperlmem estimates the revenue from
10% of groes event COrcre in revenue to he$10." annuallh,.
v mane in room to Ctvn co rn Me ratio Bo pan to retial, the rental rates forma Amphitheater.
ellen 0 the 10%0 goat teem mraosalon reviews,'pheotdm per tinker fee, seal rebleed
be that Me AmpMMealer WHI Oso n to Operas as an enterpise; generating sufficient reveroe b
oral craft, fund fuller capital improvenerrta, sena pace Nnds Imo a reserve to repair end
AmeMment to Holary AmpMlhaater Agreamem
feaster Fee SGwdWe PmenMreM
MONO AMENDMENTTO ROTARY AMPHITHeA R Gp�y
THIS SECOND AMENDMENT TO AGREEMENT FAmandmemr) made and
entered Into as of Ihis tat day of February, 2008, amardg Me Agreement heretofore
entered Into between the CITY OF FRESNO, a municipal corporation, heremner
ne
Rlad to as'CIW,, and Me ROTARY CLUB OF FRESNO, a Canfomh oonprofa
Corporator, hereinafter referred Io as'ROTARY•.
RECITALS
WHEREAS, CITY am ROTARY entered into an Agreement, dated August 26,
1992 for Me design and Om4taKilkal of an amphlheater, W onw amended, hereinafter
collectively referrad to as'Agreemead-am
WHEREAS. CITY and ROTARY desire le modify Me Agreement In certain
regards. upon the terms add CondMorrs herern.
AGREEMENT
NOW, THEREFORE, in consideration of the MMMOIrg and of Ma covenants,
nenz*d:
conditions, add premises h mfnarkr curtained, M be kept and Warned by the
tive pedes, Ma pmEes agree Bret Me
folksy Drag sae Agreement be amended as
1. For purposes of this Agreement Me to" 'CITY" Shelf InCMtle as dedgnee
thereof. M the discretion of Me City's Director of Pinks and ROCoal lon, Fresno United
Neighborhood, (FUN) a Cannabis nonprofit corporation, Sninam WCO'shtem will
approval by FUN. The foratinkg shall not however, repave CITY of its obligations Under
has Agreement.
heroby 1¢lnlilAll n as granted to ROTARROTARY to opemle Amphilhealar Concessiorts) are
inCludmg the right to retain all h veemaOjl eNter s e the CITY
Pmlas, ssiongI 10 the mtlout lellna hereof
yR For
purposes of MTs son or the is" Of
beverages means rchandse of on any arM an
setas by any person or ontlly of food, beverages, and Merchandise m every dM and
rm phi omumng on the Amphitheater pertllsag, nr Bd)eCenl MereN II Bold la
Amphitheater event attendees.
3. In ccnsoemoon of ROTARY'S termination of its corrpeauon light as
Provided for harem. CITY as lead and awarding agency agrees to invest $1,0oo,og0 of
allocated and available Pads funds, Consistent with catstlludonel and focal law
repulrements, on Amphitheater ImPmVemenh M be commenced on or about January i,
2008' min to responsoly promote its use. CITY agrees to proceed with the cornpletmn
Of Me east seclon of the Wand tl¢r seating Indudmg the Construction of the east
maim2y at the eadlesl posslNla time. ROTARY will coninbule a mimmum of $50." for
a mdually agreed upon capital Improvement proloctla),
a. At rights gmOle to ROTARY 10 heal and sell seal Opium for events
at the Amphitheater shall expire on December 31, 2016. It 5 understood and agreed
'hat all seal options sold by Runny shall be hovered for a pared of ren (10) years
cemmerclA) with Me year Mal the seat option hdders may exercise the option b
purchase rickets for their spedf a seats for a minimum of ten (10) e✓en's Many calendar
Yost . CRY will scalds ussfs of Me Amphitheater for free conceds or similar evens to
nodfy seal option Women of such averts, bN such events will trot moratorium one a Me
minimum ten (10) Buena.
S. Concurrent wfih Me efieceve de of Mh Second Amendment, the
Amphitheater Ticket Surcharge amount refererxad in Section T of Me Agreement shag
be $lmclmt after January 1, 2008, $?/halm( after January 1, 2009, and S&Titket after
Janua"10.
e. The following is added to the Agreement as new Segbn 17:
'17. Allocation Of Revenue and Fxpensesunless otherwise expressly
provided harem:
A. All rwnpaM erred permilteee, immense. promoters amour
other users shati (f) pay the CITY ten pem9Al (10%) Of Me amount
determined by grass event revenues net only of ameauselse taxes, and
(fl) pay Me ROTARY tan percent (10%) of the WIDUM daaonirred by
gross even revenues net only of calesrexcea taxes In the event
ROTARY ads as a Panama. liconses, promoter eMlor other user the
ROTARY shall Pay the CRY tan percent (10%) of oho amount determined
by grass event revenues Pat only of seles/exdra laves. In Me evert Me
CITY acts as a pannNee, licensee, prammer amour ether user (other than
as 10 concessions Activities az defined herein) the CITY shad pay the
ROTARY ten percent (10%) d Me amount determined by gross event
enues nut only d seas/excisa pu
laxer. For rposes m Mos sasllorl the
tarevrts 'gross even) revenues' means All revenues generated by erdror
Boeing from co'ressbn(s) activities.
B. All such FOMIMnm to Me CITY mayor ROTARY shall be
moo rot stet Man the end of the next business day fopowing the earlier
Of imudce for payment or Ma day IO which such revenues are realized ared
shall beby an appropriate accounting to CITY and
ROTARY, suchaccountingmoo be sulllcanl uMer generally accems
accounting principles.
C. Unless Pharisee expressly agreed In writing by the ponies
hereto am entrust such event carmirous, licensees, promoters ander
other users, all costs and expenses arisirq out of of rested to such
event(s) shall be home seely by the event pelmmees. Iloerlsees,
promoters ariNar other users.'
]. All capitalized terms hard In the Amendment, unties otherwise Method
herein, shall have the meanings Maligned to such terms to Me Agreement.
8. Except as dhenwlsa provided herein, the Agreement remalns In lull force am
erred.
IN WITNESS WHEREOF, Me Pah" have ececued this Amendment at Fresno,
Califomia, the May and year tm above marten.
CITYOFFRESNO ROTARY CLUB OF FRESNO,
a nhuncipal mrpoaaheh a Caliiotni M ton
By Randall L.Cooper By OanE
Title Director Thai President
AITEST:
REBECCAE. KLISCH
City Clork
By.
Deputy
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: (. 19.of
Delany zt,1(k
RESOLMON IRL
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
ADOPTING THE 472nJ AMENDMENT TO THE MASTER FEE
SCHEDULE RESOLUTION NO. 85120 INCREARING MIOOMANO
PARK ROTARY AMPHITHEATER IMPROVEMENT FEE IN RIE PARKS
SECTION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO,
THAT Me MeaW Fat SCM1OEWe Rewlutlm No. B 20 Im and Is Nraby anwNta m
o Iiilh Rg Ropry AmpNµmNr In IxI tN Fs N WrotagE Peh b aiv n®w Ile
etoaeJ aog dtl l W Mt pfMmeM a bPKKM Na CRy 0 Fe srtl Ma Rdey CWb U
kealn. roNra1 Ipyq oI Ma Maabr Fte B 1ta8yb en Ntlg] eM nIBEa a pv1 oTM6
ReplNbn.n,
THAT Itte Nell pe[pnu efl sAuAml B, 2008.
CLERICSCERIIFCATN)N
STATEOFCALIFORNIA )
COUNIYOFFRESNO )a.
CITYOFFRESNO )
I, REBECCA E. KUSCH, Cly CMI U Me CBy N Fe .
aMMy Mal Ma klapokp
Rwdulkn waa ado by Mt Ctanaa N tle CKy N Ereano. CNIbmM, N a RSUN, n g
R .WW an Ma_Wy of .2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor Approsl:
"OrAppmvNR10 R
BIN
Maw Vsb:
CouMIOrenMe VeM:
2WB
REBECCA E KLISCH
CFy CMK
APPROYEO AS TO FORM
CITY ATTORNEP OFFICE
BYl_I
Tai Yuki mdp($r. Deputy Oi AtWW
CITY OF FRESNO
MASTER FEE SCHEDULE
PARRS, AMR SCX00], RECREATION AND COMMUNITY SERVICES
Fa FY SM MH O,i PARCSh Om Ing amm kQ hag Per a9rea n Rotary Cub of
Frmno.
F.eaPeseo'pNon
cu m,
Nw
J4 , py
pB i VB.]
Am iNealy mRwemw Fee
atleMee
A. aenrzooe
tmaar
eaaaea
Aaa tmvmoa
z.ob P.r
Aeatmvwto
ioa Per
.�mbaw
Afl » dl mmrm,mmm.M.00iee T l
YFa riam.t� (JWy e)neva rnW
CITY OF FRESNO
MASTER FEE SCHEDULE
AMENDMENT DETAIL
PARKS, AFTER SCHOOL. RECREATHIN AND COMMUNITY SERVICES
V DWARD PARK ROTARY AMPHITHEATER IMPROVEMENT FEE
TM D.yeNreN �eebnmenEs ft Idbwing Ww W Pv Ro MPHINa+br ImVm'Nmant Fw
ailw4reR pa ma �nament xM 11ie Rppnry LM N Frepm.
Wo[QxvE PVF Rotary A PLI1FeaWImprswnbnlF
AeWOP1p 8 $I.NPmatl do
maolmiNB 92.WWallukee
As.M01mimo $3,WPwal dw
VFS Man6aanxtlrbmm lmuxwwnb25 ✓Ws:
NFB mlNaR(Jlpury ]ptljp4w[y:35Ty
CITY OF FRESNO
MASTER FEE SCHEDULE
Nl 4w eikeew 01,151M "poor, pbrc ,ft,p
MFSn drnwa MR IJe Xgy)nznlm 1]7 ru Fye)
E_
ee c°a Wkne
AmpFppalwv and RpMul Park Gmup A Hy Areas
%,®m
9mD0
(Sa
(Eaon Rem. Wm W Park Apfthwar'. WaW .
egyyye
RmEM1g6 R¢pLnal SpMe Park Group MMlk, Mess)
WPMS
Prlmp w rm.G pgrq
Grwp Lx
Up 10 200
Aww
2D1 bS
WQ00
PnrSM
NW
al mage WP Mfka M
Groupslw
upmmD
taut)
mi w ma
17500
(Nar m
MD.W
mdkgxmnmail apmwreE
GrowponwreEw
Grouppw',
¢
m
201 w 1o50D
-0.
Orer500
Perlwmarce pv1E 25.00.5N.00
IfIXH4 roprn0ede upm suaemla germbl
PoMolMg
aprearrenr In evnNarlm nip alrotDreW uW^4nn9enE
fmEkMaf
G Nn9 G 34
(Upb W%reluM a MPeMm w the conk,, W to
lxlllYylarmielepm oilM rMMegrttlwN)
mrp Vzo
Uplom mD
25 0,00
Ai b E 0
5wm
Qer FGO
y.000.W
Xere Cpen� J Oaprnr n Wain uy' NanWnaNtlnunMOlMwGeehony
re¢ervm x -ire
Nl 4w eikeew 01,151M "poor, pbrc ,ft,p
MFSn drnwa MR IJe Xgy)nznlm 1]7 ru Fye)
CITV OF FRESNO
MASTER FEE SCHEDULE
9ENtffIUe�CRWADQN FEES
WootlwaN PahE Entrance Fef
���
BWm
nouglIvelncee
456
J M
WovM rd Fmk Plenp labs Rerervariurr Fee.
Yaar rcunJ l nor table
FWI Wn PH
F'+ aCo
10W 500
FiMa abdlgc
2500 12M
W00,I Prove Epveerrlan Ahe Eminence Fee"'
Year Round Iper Hunan 4eWr
c.A
I �
Waodl+aN Pah Rab+Y AWPPMN+M'..
One" prpvµ Mardpeew.rl(I Fork, Fm See lMvelcpmenl Fees OgaVron4uGM
Director 1, tln ChM nY(Mre+rcenNy rq Mmu
w w� e]1M+rnerorc �0f1e d' In
++Wr+rrJ Oanrrrn ary A
Ae
nee emm�rnekas.rwy5lr+rwveJ ro Y
gmupen pe In 01tarenILMrnrbyuaerag eW
+Vl+am Ip Opm) nA4ypam pl2 sMum n]p,m W 10 on vN Mlrvrvynry
41 emoren referee
Gmmr N+rgws+q u mM rM spare M b +ppY ewrro Y.Yr rq Jelnn nex w y
w IY rnun Fenmryb ryWdypyrF}yn+Dory obr lAe Jur&knMap
Y b�iwJmMelpgl pd4he p'Ypee Penon plxveLererar
.+nunnwen+eurrnrd 8l wewlia grnN+n
Ah" here IIMI u+e.mwJm.Y unu.I.rr xooeneoprene, ,� r>,wr:
pale 4
osv -air. oiitx Csi
THIRD AMENDMENT TO ROTARY AMPHITHEATER ACREEMENT
THIS THIRD AMENDMENT TO AGREEMENT ("Amendment') made and entered
into as of Nis 3rd day of march , 2009, nations the Agreement heretofore catered
into between the MY OF FRESNO. a municipal corporation, hereinafter referred to as "CITY.
and the ROTARY CLUB OF FRESNO, a California nonprofit corporation, hereinafter referred
to as'ROTARY."
RECITALS
WHEREAS, CITY and ROTARY entered into an Agreement. dated August 25. 1992 for
Ne design and construction of an amphitheater. as once amended, hereinafter collectively
referred to as "Agreement.' and
WHEREAS. CITY and SO I'ARY desire to modify the Agreement in certain regards,
upon the terms and conditions herein.
AGREEMENT
NOW. THEREFORE in consideration of the foregoing and of the covenants, conditions
and premises hereinafter contained, to be kept and performed by Ne respective parties, the
Ponies agree that the aforesaid Agreement be amended as follows:
I. Paragraph 17, subsection A, shall be revised to read:
A. All ran -parry event permittees, licensees, prominent, andlor other
users shall til pay the CITY twenty five percent (25%) of the amount
determined by gross event revenues net only of mics/excise totes, and (it)
pay the ROTARY ten percent (10%) or the amount demrnined by gross
event revenues net only of sles/excise naves. In the event ROTARY acts
as a permittee. licensee, promoter and/or other user the ROTARY shall
pay the CI fY twenty live pement (25%) or the amount determined by
gross event revenues net only ol'salenexcise rates. In Ne event me CITY
acts as a permittee, licensee, promoter and/or other user (ether Nan as to
concessiords) activities as defined herein) the CITY shall pay Ne
ROTARY ten percent (10%) of Ne amount determined by gross event
revenues net only of sales/excise axes. For proposes of his section Ne
term "gross event re includes only all revenues generated by
and/or arising from conte sion(s) activities
2. All capitalized terns used in the Amendment, uNess otherwise defined herein.
shaft have the meanings assigned to such terms in the Agreement.
3. Except as otherwise provided herein. the Agreement remains in full force and
effect.
Page I oft
3. Except a otherwise provided herein. the Agreement remains in RiH force
and effect.
IN WITNESS WHEREOF. the parties have executed this Ameadmem at Fresno,
California the day and year first above written.
CFFY OF FRESNO, ROTARY CLUB OF FRESNO
a municipal coryoridon ACalifornia nonprofit corporation
By. ct
ndd11 Cooper By:
Title: Director
Title: President
ATTEST -
REBECCA E. KLISCH
City Clerk
BYu
Deputy Ca/Ie jb{j
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City
By:
m BrMuy
KEavn[4701A M I
Page 2 ort
March 3, 2009 m ndl Adop[ipn: 3/3/09
Mayor Approval:
TO: MAYOR ASHLEY SWEARENGIN Rt ErDVE� Mayor Veto:
yyyy
FROM: REBECCA E KLISCH, CkTC 70PYAR Overridede Request:
CM Clerk 10 PM 2:45
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
At the Council meeting of 3103109, Council took legislative action entitled Appv 0'a amndmnt
to Rotary Amphitheater agrmnt w/Rotayr Club of Fresno, Item No. 9:00 a.m. #A, by the
following vote:
Ayes Borgeas, Brand Caprioglio, Cages, Peres, Xiong. Sterling
Noes None
Absent None
Abstain None
Please indicate either your formal approval or veto by completing the following sections and
executing and paling your avian. Please file the completetl memo with the Clerk's office on
or before March 13, 2009. In computing the ten day period required by Charter, the first day
has been excluded and the tenth day has been included unless the 10'h day is a Saturday,
Sunday, or holiday, in which case it has also been excluded Failure to file this memo with
the Clerk's office within the required time limit shall commune approval of the ordinance,
resolution or action, and k shall take effect without the Mayors signed approval.
Thank you.
.............................................
APPROVED:
ETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets it necessary.)
Date'
Ashley Swear gin. Mayor
COUNCIL OVERRIDE ACTION: Date:
Ayes
Noes
Absent
Abstain
March 3. 2009 council Adoption: 3/3/09