HomeMy WebLinkAbout06 TILLER DAYS RIDES 05-17-04
AGENDA REPORT
Agenda Item 6
Reviewed: . A.-
City Manager t%J-
Finance Director4/' for If,tV
MEETING DATE: MAY 17, 2004
FROM:
WILLIAM A. HUSTON, CITY MANAGER
PATRICK SANCHEZ, PARKS AND REREATION DIRECTOR
TO:
SUBJECT:
AMENDMENT NO.4 TO AGREEMENT REGARDING RIDES &
CONCESSIONS AT TILLER DAYS
SUMMARY
Amendment No.4 would extend the term of the Agreement Regarding Rides and
Concessions at Tiller Days and the EI Camino Real Street Fair & Chili Cook-Off with "0"
Entertainment for three years. The Amendment also provides for an increase in the
compensation the City derives from ticket sales and rental of vendor spaces.
RECOMMENDATION
Request the City Council Approve the attached Amendment No.4 to the Agreement
between the City and "0" Entertainment.
FISCAL IMPACT
The Amendment contains provisions that increase the percentage of revenue to the City
derived from sales of ride tickets and rental of vendor spaces at Tustin Tiller Days and
the EI camino Real Street Fair & Chili Cook-Off. Net proceeds from Tiller Days offset
festival and parade related expenses. Proceeds from the Street Fair are awarded to a
local non-profit organization selected by the organizing committee.
BACKGROUND
Hassett & Davis Entertainment, now renamed "0" Entertainment, has sucessfully
provided the City with carnival rides since 1996. They have diligently complied with
terms of the previous agreement and promptly fulfilled City Insurnace requirements and
Police Department requests.
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The proposed Amendment to the Agreement would increase net proceeds to the City at
Tiller Days and proceeds distributed to selected local non-profit organizations. The City
Attorney has reviewed the Agreement and approved as to form. Staff requests City
Council approve the proposed Amendment.
Qvd.~
Patrick Sanchez
Parks and Recreation Director
AMENDMENT NO.4 TO AGREEMENT REGARDING
RIDES AND CONCESSIONS AT TUSTIN TILLER DAYS
This Amendment No.4, dated for purposes of identification only this - day of
, 2004, is made and entered into between the CITY OF TUSTIN, a
municipal corporation, (hereinafter referred to as "City"), and "0" ENTERTAINMENT,
INC., a California corporation, (hereinafter referred to as "Operator").
RECITALS
I.
The City and Operator previously entered into the Agreement Regarding Rides
and Concessions at Tiller Days, dated March 25, 1996 (The "Agreement"). The term of
the Agreement was for three years; 1996, 1997, 1998.
2.
The Agreement was amended (Amendment No.1) on May 5, 1998 to permit the
Operator to provide rides only at the El Camino Street Fair and Chili Cook Off.
3.
The Agreement was amended (Amendment No.2) on January 5, 1999 to extend
the Agreement three years; 1999,2000,2001.
4.
The Agreement was amended (Amendment No.3) on August 6, 2001 to extend
the Agreement three years; 2002, 2003, 2004.
NOW THEREFORE, for and in consideration of the mutual promises, covenants,
and conditions contained herein, the parties agree as follows:
AGREEMENT
I.
Emplovment of Operator
Upon the terms and conditions set forth in the Agreement, City hires operator to
provide services at Tustin Tiller Days and El Camino Street Fair and Chili Cook Off.
The term of this agreement shall be for one (I) year (2005) with two (2) extensions for
(1) year unless terminated by either party.
This agreement shall be automatically
renewed in 2006 and 2007 unless terminated by either party by written notice at least
ninety (90) days prior to the scheduled event date. If the agreement is terminated, no
renewal or extension shall be assumed for a subsequent year.
2.
Compensation
A. At Tustin Tiller Days, Operator agrees to pay City twenty percent (20%) of
the gross receipts, which is 20% of the income derived from carnival rides up
to eighty-five thousand dollars ($85,000), twenty four and one-half percent
(24.5%) of all ride receipts beyond eighty-five thousand dollars ($85,000) up
to one hundred and ten thousand dollars ($110,000), and twenty nine and one-
half percent (29.5%) of all ride receipts beyond one hundred and ten thousand
dollars ($110,000). Operator may provide up to a maximum of fifteen (15)
game booths and agrees to pay the City seventy-five dollars ($75) for each
game booth. Operator may provide up to a maximum of two (2) food booths
and agrees to pay the City one hundred-fifty dollars ($150) per food booth.
Operator may provide up to a maximum often (10) vendor booths and agrees
to pay the City one hundred dollars ($100) per vendor booth.
B. At the El Camino Street Fair and Chili Cook Off, Operator agrees to pay City
sixteen and one-half percent (16.5%) of all ride receipts. Operator may
provide up to a maximum of five (5) game booths and agrees to pay the City
seventy-five dollars ($75) for each game booth. Operator is prohibited from
operating any food booths at E1 Camino Street Fair and Chili Cook Off.
3.
Agreement remains in effect - Except as specifically amended herein, all other
terms and conditions of the Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No.4 to be executed
on the dates hereinafter respectively set forth.
"City"
CITY OF TUSTIN
Dated:
Mayor
ATTEST:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
"Operator"
Dated:
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