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66-150 .- RESOLUTION NO. 66R-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM OFFERING AN OPTION TO WILLIAM H. BRASHEARS AND BRUCE A. WERLHOF, OR A CORPORATION FORMED BY THEM, OF A CONTRACT FOR THE USE OF ANAHEIM STADIUM FOR THE EXHIBITION OF PROFESSIONAL FOOTBALL CONDITIONED UPON THEIR OBTAINDI,; AN AMERICAN FOOTBALL LEAGUE FRANCHISE, SAID OPTION TO BE FOR A PERIOD OF NINETY DA.lS. WHEREAS, the City of Anaheim bas a stadium which can be used for professional football games; and" . WHEREAS, William H. Brashears and Bruce A. Wer1hof desire to obtain an American Football League Franchise; and WHEREAS, William H. Brashears and Bruce A. Werlhof desire to enter into an agreement with the City of Anaheim for the use of Anaheim Stadium as a facility for exhibiting pro- fessional football games. NOW THEREFORE BE IT RESOLVED by the City Council of the City ot Anaheim that an option for ninety days to enter into an agreement With the City of Anaheim is hereby extended to William H~ Brashears and Bruce A. Wer1hof, or any corpora- tion formed by them, subject to their obtain1ng an American Football League Franchise. " BE IT FURTHER RESOLVED that said option is extended upon the following terms and conditions: 1. Admissions." For the first three Years of the contract, 7-1/21. of all paid admissions will be paid to the City of Anaheim. For the balance of the term after the first three Years, "7-1/21. of all paid admissions for the first 350,000 paid admissions and 1ar. of all paid admissions over 350,000 in any Year will be paid to the City of Ananeim . ,- "Paid Admissions" means the gross amount paid for admissions or the right to admission to any game, includi, tickets sold and not used, if not re- funded, ess admission and amusement taxes and also less the amount of 3t. of gross paid to the American Football League for the franchise. 2. Parkiua. Net profit freD the park~ operation on the1r game dates will be divided 5ar. to the City and Sar. to their organization. The deductible expenses from gross profit shall include all cost of operation of the parking lot and a proportionate share of all general maintenance and replacement of grounds out- side the building. -1- Attorne\l Manager Finance Dir. Tom Liegler Each Councilman Acctg. Off. "- -. " _ J -- - - 3. -.- 4. ./ Concessions. Revenues received from Concession- aire by reason of concession sales on their ~ dates will be divided 1/3 to the City and 2/3 to their organization. COncession revenues shall include revenues during game at the stadi\Dll club. Sale of stadium club DlSlberships for professional football, if provieJed, shall be divided 2/3 to their organization and 1/3 to the City. Advertisiua. The only advertising in the specta- tor portion of the stadi\D as distinguished fran the CODCourse and concessions part of the stadi\D will be on the scorebOard. The City and the Standard Oil COID~ny of California have entered into a contract for such advertising. Standard is pexmitted to display its advertising on the scoreboard and is further permitted to allow two other advertisers to disp18.y advertising/ on the scoreboard, subject to the approval of -such advertisers by the City. City will allow no additional adVertisers unless approved by ~heiT organization, provided such approval will not unreasonably be withheld. ,-f' /,.. ,- All revenues for scoreboard-advertising for the first ten years shall be used to pay for the cost of instal18.tion of the scoreboard. After the ten- year period, revenues from such advertising will be shared, with their organization receiving the proportion of lS~ of said advertising that their paid attendance in any year relates to the total paid attendance at the stadi\Dll. All revenue from advertising on their programs will belong to their organization. Programs will be sold through Concessionaire of the City and revenue fran" sale will be part of concession revenue. , S. All advertising revenue from sponsors of raiiio and television will be their revenue except for the share of television revenues necessary to protect the City in the event of canpetitive live broadcasts within a 50....ile radius of the stadi\Dll with either payor free television. The same pro- visions" with necessary modifications which pertain to footoall rather than baseball, as are contained in the agreement with the California Angels, will be used. Advertising at concession stands and in the" con- course area will belong to the City. ~eration. All cost of operation and maintenance o facl~lties for their games will be at the ex- pense of their orga.nization. The cost of prepara- tion of the field for football and the cost of returning the field to condition for use of base- ball, will be a cost of operation at their expense. During football season, after baseball season is over, if the stadi\D is used for other events, -2- prepara tion for such other events and return of the field to condition for football will be a City expense. Also included in operation expense will be the proportionate cost of general repairs and main- tenance of elevators and escalators and repairs occasioned by brea1cage by football spectators. General repairs and maintenance, except as above set forth, will be City's responsibility. 6. Insurance. Fire insurance is to be provided by Clty with no subrogation on their organization. Liability and property damage insurance with the City to be added as an additional insured is to be provided by their organization in connection with their activity at the stadium. Air travel insurance for their players is to be provided by their organization with a loss payable provision to the City in an amount to be agreed upon. .- 7. Utilities. All utilities for operation of the stadlum for their games will be a part of the operational expense and will be paid by their organization. The Concessionaire will pay concession u:ilities as a part of its expense ana the ~rking lot lighting will be charged as an expense of the parking operation. 8. Tes. The term of the agreement will be thirty- :t:1ve years with option, if desired. The agreement will provide their organiza tian with the exclusive right of exhibiting professional football at the stadium during t6eir season and will provide that professional football will not be exhibited in the stadium by others at any time without their consent, provided their consent will not unreasonably be withheld. The ~reement will require that their league scheduled home" games will be exhibited only in Anaheim Stadium and will further provide that such scheduled "home" games, plus exhibition games, will total a minimum of nine games in each year of the agreement. Their schedule will have a priority over all other events except professional baseball and, in the event of an overlap of their schedule with the California Angels schedu1e1 the California Angels will have preferential rignts. The s tadi1DD will be available for other uses by the City except for their scheduled uses under the agreement. .- -3- 9. Offices. Office space at the staditDD. will be available on a full-time basis and pursuant to a separate agreement at reasonable rental, if desired. The general format of the formal agreement will be similar to the agreement with the Ca1ifomia Angels. ...- 10. by me THE FOREGOING RESOLUTION :l.a approved and signed this 25th day of February, 1966. ~~~ JT: ~N~~ STATE OF CALIFORNIA ~ COUNTY OF OHANGE CITY OF AHAIlEDl I DENE M. WIUIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at an adjourned regular meeting of the City Council held on the 25th day of February, 1966, by the following vote of the members thereof: ss. AYES: COUNCILMEN: Dutton, Pebley, Chandler and Krein NOES: COUNCILMEN: None ABSENT: COUNCD..MEN: Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 25th day of February, 1966. . . IN wr'mESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of February, 1966. n ~~'r- . Jv~.~- -..I THE CITY ; ~M (SEAL) I, DENE M. WILLIAMS, City Clerk of the City ~f Anaheim, do hereby.certify that the foregoing is the original of Resolution No. 66R-150 duly passed and adopted bv the Anahkei~ City Council on February 25, 1966. I" ') -.., ~- , /'. -': ~"- (.1:,~-~. C!TY CLERK -4-