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I 'atd4;';t *trF? r }-'- o, e,/./,r4. .i ,,n itraurrfr E, ll?e '. .i... i ::i.. ''"*t}*rbiirc t; ro.r{erp ilr. aonrnl ?rriaE .-'i ,,1. OfC loalc,ell glS, Iase ec. tfxfrC Arsrtar otl,rEr €.ltf, *lr, ?3ls2 r|*ir. rtb.'g$rL€t:r !bl^r lrttrr ri.ll..'ff tt-ll rn r#mdtn to.,thi trt?E - .1179 orc Eockqr cls coat3rd rt th ryElra i GoErtEELqT Crutar. .,r ,...,,, It I* agtrnd q&d Ea$*ir$od:&t tlrc grh e!l16!Il3d gr llerltr,dr I979.r duc te_laal#t rqrter rhrtr&".bo : r.-r.i[-&!,Llrd fer aIqAB.fIr",5 llr-r 1079. 1- ' , -_ ., " .:, 1l;::.Ill=r .; ,,1;r- i .-', .- . -. : - !. : . ,.\ 'lhrr ddorerE rrrrcf*'ariLr,'t&i ate of roer:6int.. Ho yonr coBtrd' 1r effectod. ?lorc - othrs 1lorE.loE-ot ".ti=Poflturj'''.l..':..1.".,.tls] anl rrm,ura tho fotg eoslcr of thlr rddcn&u rt .06 - Glaaslo .:',..,..r...i:':..;:t.l....:....j:'....8tiqiIh.,.l:],'. ;. ,:i ' 'crai'..: . or eE$ffi G(tr1f, '1 .Icr -hrl.f Grlpprn t+rrtt Goor6l,nrtp= :t:i ?\ t{r. Borald iI-".tsorlck, rflir ifanufr? 8: 1173 : ,: \ Dettd at ohlrhmr, ilanery 8, ,I9?t; ,79. GC HGCXET CLT'B, nDnrI{ J.,, }IoilaLl dlro, 6rucrCl'Partau :r ,.i j l . . ) Council.. Agenda .rfu@#//ga Itern No. PPA. 5l3o/78 M iv ,to ig/B 0,4 /44, COUNCIL MEMO NO. I349-78 May 24, L978 TO: Trustees of Oklahorna City Public Property Authority -b*t' FROM: City Manager /General Manager, OCPPA ,d SUBJECT: Ice Hockey Agreernent ) 0 A Perrnit/Addendurn Agreernent with the OKC Hockey CIub for lease of the Myriad Arena and facilities for ice hockey galnes is presented for your consideration. Background: On Septernber 30, L976, the Director of Pub1ic Events leased certain facilities at the Myriad to Oklahorna eity Hockey, Inc., for the I976-77 ice hockey season. After a less than successful season, Oklahorna City Hockey, \ Inc., decided not to lease the facilities for the L977-78 \ season. Subsequent to this dernise, a new group of Iocal citizens forrned a partnership for the purpose of bringing ice hockey back to Oklahorna City. This partnership, known as the "OKC Hockey C1ub, t' seeks at this tirne to lease Myriad facilities for the presentation of ice hockey garnes during the 1978 -79 season. Terrn: Frorn date of execution through Maf3"1,- 1"979-for a total of 60 dates, with right to renew for an additional one-year period frorn June l, L979 through Maf31, 1.9_q0r Rental Charge: $1,000 or L5To of gross incorne as corrputed by ticket sales, whichever is greater, for each ice hockey garne played in the Myriad Arena. Recornrnendation: The Perrnit/Addendurn Agreernent be approved and the Chairrnan authorized to execute the Agreernent. Respectfully subrnitted, Jarnes J ook City er General Manager, OCPPA Attachrnent I .J. ) PERMIT I 01-74 1155' Permit to use Public Events Focilitiee sholl m€on ond refer to tho Dllgctor of Public Events or hb outhorized subrdinote. SlE PEF"MITTEE Public Events Daportment OKC Hock c1 Orr Myriqd Gor&ns Oklohomo City, Okhhorno 73102 Oklahoma Ci ok1 02 Phone /tO5-232€871 Pursuont to the Rul6 ord Rs0utotlorl3 odopted ry tL OCppl ond the opplicotim her€tofore filed for us€ sf sold Publlc Events Focility(s) ond subiect tosoidconditions,limitotio.E,ond,BtrlgtloBcorrtolrredinsoldRuleso]rdRegulqtions,Permissionisherebygronted4 OKC Hockev Club ,or Lessee her€inofter r3ferred to os Psnrittee t/ use ond oacupy- for the following ond no otirr Bxhibition f sands s FActLtrY pAY P IE TIME From See Attachment - Hockey Schedule L978-79 E AIso See Addendum Agreement - Articles I and II ''TERM" Subiect to such conditions, limitotions ond restrictions, hrmittes moy hove ond enioy the use of the focility or focilities of the Public rEvents Deport- ment hereinobove specificolly described, including corridors necessory to occommodot€ potrons ond permonent sesting ot present situoted in or o port of such focilitv or focilities for th€ purpose ond ot the time or times oforesoid together with such regulorly .provided heot, woter, light, ond jonitor s€rvice os moy be required for use of soid focility or focilities for soid purpose. This Permit sholl hove no force or effect whotsoever unless ond until it ls returned with the rentol deposit, if such is required, ond signed by the Director. Permittee sholl endorse the some "Accepted" in the spoce hereinofter provided therefore, ond by soid occeptonce Permittee sholl covenont ond ogree thot he will well ond truly perform or obide by eoch ond every term ondlor restriction ond,/or limitotion of this Permit eoch of which sholl be o condition to the continu€nce in effect of this Permit (l) PAYMENT-Permittee sholl poy to the Director, ot tfre office of the obove listed focility, os ond for the use of soid focility or focilities, the SEE ADDENDUM . ARTICLE V - sum or-% of lhe gtoss receipts, ofter deduction of Federol, Stote and Municipol toxes, whicha/er is the greoter, for such period of eo€h scheduled event in the folhcwing monner, to-wit: (A) Dollors ($-) on tfie occeptonce of permit os oforesoidl Dol,lorc ($ ) qs follows: spEctALcoNDtIoNs: Permittee shall alSO agree to abit{e bv the tcrms anrf r.nnrlitiOng outlined in the Addendum Agreement. dnd, if, for onv recxion, soid rentol is not poid os oforesoid, lt is oEreed thqt ony box office rcceipts in the possession of the Director moy be opptied to the poymmt of soid rent ond Permittee woives oll rigrhts to thot portion of the box office receipts n€oessory to poy soid rentol. prrmittee sholl furnish Director o copy of the ticket printer's monifest before eoch event Permittee must hove permission in writing, from tfre Director, before tickets for eoch event ore offured for public sole. ln oll coses, the Director sholl require thot o properly executecl permit be in effect ond tfie prescribed rentol deposit, if onv, poid in ful'l before outhorizing o ticket sole to commence. Director sholl further hove the right to count oll unsold tickets ofter eoch performon@. Permittee shol'l furnish Direqtor o box office stotement ofter eoch event. ln cose suit or oction is instituted by OCPPA to collect the rentol proyided for in this ogre€ment, OCPPA strol{ be entitled in oddition to the costs ond disbursements provided by stotute to such odditionol sum os the court mqy odludge reosonoble for ottorney's fees to be ollowed in soid suit or oction, (2) INDEMNITY-Permittee ogr€es to conduct its octivities upon the premises so os not to endonger ony person lorrfully thereon; ond to indemnify ond sove hormless Th€ City of Oklohomo City ond OCPPA ogoinst ony ond oll cloims for loss, iniury or domoge to persons or property including clolms of employees of Permiftee, or olry cortroctor or subcontroetor, orising out of the octivities conducted by the Permittee, its ogents, members or guests. Permittee will not do, or permit to be done, onything in or upon ony portion of the premises or bring or keqp onything therein or thereon wfiich witl in ony woy conflict with the conditions of ony insuronce policy upon the building or ony oort thereof, or in ony woy increose ony rote of insuronce upon the building or on prop€rty kefi there; nor sholl Permittee without the written consent of the Director, put up or operote ony engine or motor or mochinery on the premises or use oils, burning fluids, comphene, kerosene, noptho or gosoline for either mechonicol or other purposes or ony ogent other thon elec- tricity for illuminoting the premises. ln this connection, Permittee sholl furnish the Director, lO doys in odvonce of the occuponcy time of this permit, o certificote in dupl.icote, showing policy permittee there is in force o of insuronce in which the is nomed os insured with the OCppA ond City of Oklohomo City nomed os odditionol ossureds public for o minimum liobility insuronce of $100,000.00 for ony one person, ond $3Oo,OOO.OO for ony one occident, together with o minimum of $50,000.00 for property domoge; soid policy sholl olso provide for o l0 doy written notice to the Director prior to concellotion or ony moteriol modificotion. The presence of policemen. firemen. inspectors or representotives of The City of Oklohomo City sholl, in no monner diminish or offect the duties, obligo- tions or resporribilities of the Permittee. Permittee sholl olso corry Workmen's Compensotion lreuronce to tfie extent ond in the monner required by the stotutes of the Stote of oklohomo or sholl corry odequote employees, liobility insuronce. (3) EXTRA SERVICE-Permittee sholl poy to Director, on demond, such other ond further sums 6 moy become due to OCppA on occount of speciol focilities or extro services fumished or proposed to be furnished by OCPPA, the compensotion for whic+l is not included in the omounts specified under suE division (l) hereinobove. (4) EXTRA PERSONNEL--Permittee sholl furnish oll necessory personnel required for Permittee's use of the oforesoid focilities. in occordonce with the estoblished rentol rotes, including but not limited to stogehonds, ticket sellers, ticket tokers, ushers ond guords. provided however, Director msy eiect from the Public Events Focilities ony of Permittee's personnel who do not meet with Directort opprovol. (5) EXPIRATION OF PERMIT-AI the exPirotion of the time of occuponry hereinobove set forth, P€rmittee shotl quit the premises of the public Events Focility ond return to Director oll equipment ond focilities procured from Director, which premises, equipment ond focilities sholl be in os good condition ond repoir os before Permittee's use tfiereof except for weor from ordinory use. (6) MOVE OUT-Permittee sfioll remove from the premises of Pubtic Events Focitities AddendqlnTfif-::-:---- ttTFR!{" the on or beforeSee ' - Article IT - ooy oT oll property, goods ond effects belonging to permittee or coused by him to be brought upon soid premises. property lf ony such is not removed within the obove-stoted time, the Director moy store, or couse to be stored, ony such prop€rty, for which permittee sholl pov reosonoble o storog€ fee ond oll expenses incurred therefor. lf Permittee foils to redeem the property within sixty doys, ocppA moy sell soid property for soid storoge fee ond expens. (7) ASSIGNMENT-Neither this Permit nor ony of the rights of Permitte hereunder moy be ossigned without consent of the Director. (8) PROGRAM REQUIRE/VtENT-permittee sholl file with the Director, ot leost ten (10) doys prior performonce permit to holding the or ottroction for which this is isued o full ond detoiled outline of oll focilities required, oll stoge requirements, the holl ond choir set-up ond such other informotion os my be required by the Director concerning such ottroction. a * 4<-2.44, HOCKEY SCHEDULE L978-79 Exhibition Game October 6 or 7, L978 Oklahoma City vs. TuIsa October 13, L978 Oklahoma City vs. Kansas City October L4, 1978 Oklahoma City vs. Dallas October 22, L978 Oklahoma City vs. TuIsa October 27, 1978 Oklahoma City vs. Salt Lake City October 28, L978 Oklahoma City vs. Fort Worth November 1, 1978 Oklahoma City vs. Tulsa November 10, 1978 Oklahoma City vs. Kansas City November L'l , 1978 Oklahoma City vs. Salt Lake City November 18, 1978 Oklahoma City vs. SaIt Lake City November 19, L978 Oklahoma City vs. DaIlas November 26, 1978 Oklahoma City vs. Tulsa December 2, L978 Oklahoma City vs. Fort Worth December 3, 1978 Oklahoma City vs. Tulsa December 9 | 1978 Oklahoma City vs. Dallas December 13, 1978 Oklahoma City vs. SaIt Lake City December 15, L978 Oklahoma City vs. Fort Worth December 20, L978 Oklahoma City vs. Salt Lake City December 23, L978 Oklahoma City vs. Tulsa December 25, L978 Oklahoma City vs. Dallas January 3, L979 Oklahoma City vs. Kansas City January 6, L979 Oklahoma City vs. Fort Worth January J-2, L979 Oklahoma City vs. Tulsa January 13, L979 Oklahoma City vs. Kansas City January L9, L979 Oklahoma City vs. Salt Lake City January 2O, L979 Oklahoma City vs. Kansas Cit.y January 26, L979 Oklahoma City vs. Da11as January 27, L979 Oklahoma City vs. Tulsa February 3, L979 Oklahoma City vs. Fort Worth February 6, L979 Oklahoma City vs. Fort Worth February 18, L979 Oklahoma City vs. DaIIas February 20, L979 Oklahoma City vs. Tulsa March 2, L979 Oklahoma City vs. Kansas CitY March 3, L979 Oklahoma City vs. Kansas CitY March 16, L979 Oklahoma City vs. Tulsa March L'l , L979 Oklahoma City vs. Fort Worth March 25, L979 Oklahoma City vs. Dallas l,larch 30, L979 Oklahoma City vs. Salt Lake City March 31, L979 AIl contractual provisions wiIl apply to any dates jointly agreed upon by both parties for post-season playoff games. ADDENDUM AGREEMENT ARTICLE I Lessor does hereby grant and lease to Lessee and Lessee does hereby hire, accept and rent from Lessor the following facilities, premises and equipment. A dressing room for playing personnel of the hockey teamr ;1rr equipment room, a hockey office and an officials' office in the Myriad Arena as are more specifj-cal1y set forth on Exhibit A which is attached hereto and made a part hereof, and the ice surface, service seats for spectators, hockey nets, public address system, the Myriad Arena scoreboard- reader board and such other facilities upon the premises in the Myriad Arena maintained by Lessor for the conduct of hockey games, including access areas, visitors dressing rooms and officials rooms, all located on the main floor levelr €ts well as meeting room space on the second floor leveI as determined by the Myriad Manager. The said premises, facilities and equipment may be used only for the purpose of presenting professional ice hockey games to the public. It is expressly understood and agreed that the entire premises of the Myriad Arena on all other occasions than during scheduted hockey games or postponed, exhibition or playoff games as are hereinafter provided for, are not included in the premises leased hereunder except for the equipment room and hockey office which Lessee will retain at all times and except as hereafter provided for hockey team practice. ARTICLE II TERM The term of the Agreement shall be from the date of execution of this Agreement through, but not later than the thirty-first day of May, 1979, unless terminated earlier in accordance with other provisions of this Agree- ment. The Lessee shall have the right to renew this Agreement for an addi- tional one (1) year period from the first (lst) day of June, 7979, througrh, but not later than, the thirty-first day of May, 1980, unless terminated earlier in accordance with other provisions of this Agreement. In the event the Lessee intends to renew this Agreement, such intentions sha1l be made known to the Director of Public Events prior to the fifteenth (15th) day of May, 1979. A total of sixty (60) dates for the 1979 Hockey Season will be held on the Myriadrs books through May 15, L979. The avail- ability of these dates wilt be guaranteed through May 15, 1979. After that -1- time, they will be released and booked on a first-come, first-served basis. ARTICLE III RIGHT OF INGRESS AND EGRESS Lessor grants unto Lessee full and free rights of ingress and egress to and from the premises and facilities leased hereunder for Lessee, its employees, agents, guests, patrons, suppliers and fur- nishers of service. Deliveries of all supplies, goods, wares, mer- chandise and equipment to Lessee at the Myriad shall be made at such times and places as will not interfere with the public operation of the Arena and as are approved by the Pub1ic Events Director. ARTICLE IV INSPECTION BY LESSOR Lessor, its officers, agents and representatives may enter upon the premises hereby leased by Lessee hereunder at any reason- able time for the purpose of making any inspection it may deem ex- pedient to the proper enforcement of any of the covenants or condi- tions of this lease or for the purpose of making necessary repairs or for the purpose of exhibiting the facilities to persons wishing to lease the Myriad Arena. ARTICLE V RENT A. RENTAL AMOUNT: Commencing on the effective date of this Lease, the lessee covenants and promises to pay to the Lessor for the use of the premises, facilities and equipment granted hereunder in the Myriad Arena for the lease term, the following rental amountsi 1) For each ice hockey game played in bhe Myriad $1r 000 or 158 of the Lessee's Gross Income as computed from their ticket sales whichever is the greatest sum. -2- B. RENTAL PAYMENTS: On or before the tenth day after each ice hockey game, Lessee shall submit to Lessor on forms.furnished by Lessor a true and accurate statement of Lesseets Gross fncome from ticket sales by means of a certified box office statement for each such game and concurrently therewith shall pay over to Lessor the guaranteed minimum rental or the percentage rental whichever is the greater in accord with the rentals set out above in this Article. In the determination of the aforesaid percentage rentals, all taxes in- cluding sales taxes, occupation taxes, .and sim:ilar taxes, shal1 not be construed to be part of gross income for rental purposes. I I L ARTTCLE \IT TTCKET SCHEDUTES Lessee shall submit a schedule of ticket prices to Lessor for each ice hockey season sixty days (50) prior to the commencement of such season and such prices shall not be exceeded during that seasctn unless mutually agreed upon by Lessor and Lessee. ARTTCLE VTT BOOKS AND RECORDS Lessee shall maintain books and records in accordance with customary and acceptable accounting practices as specifically approved by the Director of Finance and the City Auditor- Lessee shaI1 subrnit certified box office statements to the l"Iyriad for each event held in the Myriad Arena under the terms of this Agreement. Lessor or Lessorts designated representative shall have the right to call for, inspect and audit all records of Lessee during usual business hours for the purpose of verifying the correctness of Lessee's statements. ARTICLE VIIT OBLIGATION OT'LESSEE Lessee agrees to present in said l,lyriad Arena regularly scheduled professional ice hockey gErmes on the dates and tjrnes approved by the Lessor with visiting professional hockey teams. Such games not to exceed the number of games scheduled by the Central Hockey League, such schedule dates to be mutually agreed upon between Lessor and -3- ' Lessee. AIl ice hockey games shall be scheduled within the period from September 15 to May 15, inclusive, on specific dates as mutually agreed upon by Lessor and Lessee. Lessee shall not seI1 tickets to any ice hockey game in excess of the seating capacity of the Myriad Arena without express approval of the Public Events Director. Lessee shall not admit to the Myriad Arena a larger number of persons than can safely and freely move about in the leased areas and the decision of the Myriad Manager, in this respect, will be final. The Lessee shall furnish their own tickets for the sale of paid admissions to such ice hockey garnes and shall hire all ticket sellers, ticket takers, gruards, ushers, stage- hands a-nd atl game officials, including announcers, employed during the conduct of professional ice hockey games. ''^r"=""" shall not use the premises for any purposes regarded as extra hazardous by insurance companies and wiJ.l quietly surrender the premises at the end of each ice hockey gErme. Lessee agrees that every member connected with said ice hockey gErmes shall abide, conform to and comply with all of the laws of the United States and the State of Oklahoma and all of the ordinances of the City of Oklahoma City and the rrrles and regrulat.ions presently existing or to be enacted in the future for the government and management of the llyriad, together with all :rrIes and requirements presently e>:isting or to be enacted in the future of the Police and Fire Department of the City of O]-,lahoma City and will not do or suffer to be done anything on the said premises during the term of this Lease in violation of any such laws, ordinances or rules. Lessee agrees that if said premises, . or any pcrtj-on of said building, during the term of this Lease, sha1l be damaged by the act, defaultt or negligence of the Lesseer gr of the Lessee's agent, employee or employees, patrons, guests or any person admitted to the said premises by said Lessee, the Lessee will pay to the Lessor, upon demand, such sum as shall be necessary to restore said premises to their original condition. The Lessee hereby asstrmes responsibility for the character, acts and conduct of all persons admitted to said premises, or to any portion of said building by the consent of the said Lessee, or by, or with the consent of the said Lesseers employees or any person acting for and on behalf of the said Lessee arrd Lessee agrees to have on hand at all times sufficient police force to maintain -4- order and protect persons and property. The Director of PubIic Events will determine what number of police are sufficient for each hockey game. Lessee will nct permit chairs or movable seats to be or remain in the Passageways, and will keep said passageways clear at all times. Any additional facilities, such as folding chairs, machinery or other eguipment the Lessee may need during times they are in possession for the conduct of such hockey games, are to be supplied and paid for by the Lessee No portion of the sidewalks, entries, passages, vestibules, halls, ramPs, and no lsays of access to public utilities of said builc'i-: rrg shall be obstructed by the Lessee or used for any purposes other than for ingress and egress, to .ria from the Leased premises. The doors, skylights, stai:*rays or openings that ref lect or admit -. li9rht into any place in the building, including hallways, corridors and Passageways, radiators, and house lighting attachments, shall not be obstrrrcted by the Lessee. The water cJ-osets and water apparatus shall not be used for any purpose other than tha_t for which they were constructed, and, no sweepings, rubbish, ragsr oJi other improper sub- stances shall be thrown therein. Any damage resulting to them on account of misuse thereof of any nature or character whatsoever, shall be paid by the Lessee. It is -further agreed that Lessee will be sole1y responsible for the payment of all wages and labor of employees authorized by it, incruding help as may be necessary for its purposes, such as musicians, stage hands, technicians, doormen, guard.s, ushers, policemen and others, and the Lessee will save and hold harmless the Lessor from any claim of any persons on account thereof. The Lessor likewise reserves the right, through the public Events Director or his authorized representative to eject any objectionable person or persons from said building, and upon the exercise of this authority, through its Public Events Director, agents or policemen, the r,essee hereby waives any right ald all clairn for damages against the r-essor or any of its officers or agents. -5- ARTICLE TX LESSORIS OBLTGATIONS Il}re Lessor assumes no responsibility whatever for any property placed in said Myriad Arena and Lessor is hereby expressly released and discharged from alry and all f-iability for any loss, injury or. damage to persons or Property that may be sustained by reason of the occupancy of Myriad Arena under this Lease, and all watchmen or other protective service desired by the Lessee must be arranged for by special agreement. Lessor shall operate, maintainr.and keep in good repair the Myriad Arena and .shaIl assure that the spaces Leased hereunder are adeguately lighted and cleaned and provided with ice rink equipment as is initially installed. The Lessor shall be responsible for cleaning the ice bet$reen periods of each such hockey game, at Lessorrs expense, and ice will be furnished by Lessor whenever available in as reasonabJ-y suitable conditicn for the playing of a professional hockey gErme as conditions will permit. The Lessor will furnish ice for practice sessions of Iessee I s and visiting hockey tearns' players at such times as the ice may be available, except during regnrlar daily public skating session or when Lessor may be conuuitted in the regrular course of Lessort s business with other persons. As long as the City of Oklahoma City maintains management control of the Fairground.s-Arena Lessor will provide practice ice at the Fairgrounds-Arena when the l{yriad is scheduled for other uses and when the Fairgrounds-Arena schedule permits. Lessee's hockey players and other employees and visiting hockey teams may have the use of the Leased premises hereunder at such times not to exceed two (2) hours on any one day other than from 6:00 P-m- to Midnight on any day, including the days of hockey games for ice hockey practice and training so long as such use does.not conf lict with Lessor's regular public skating sessions or other commitments of the Lessor for the use of the Leased pre.mises. It is exPressly agreed that in the event it appears 1ike1y ttrat a con- flict of use may occur, tl' e Public Events Director's decision as to the time and date of such practice sessions for Lesseets players and empJovees and those of visiting hockey teams sharl be final. -6- a ARTICLE X ! BROADCASTING Lessee shall have all television and radio rights covering its ice hockey games played in the Myriad Arena. I\rventy percent (2Ot) of any fee in excess of $101000 per year received by Lessee for such rights shall be remitted to Lessor. ARTICLE XI PROGRAMS SCORE CARDS Lessee shall have all rights to se11 advertising for and to produce and seI1 programs and score cards for all ice hockey games played at the Myriad Arena. ARTICLE XII INDEI\4NITY Lessee agrees to indemnify and hold Lessor harmless from and against all liability for injuries or death to persons or damage to property caused by Lessee's use or occupancy of the Leased pre- mises or that of its agents or employees; provided, however, that Lessee shall not be tiable for any injury, damage or loss occasioned by the negligence of Lessor, its agents or employees; and provided further that Lessor shall give to Lessee prompt and timely notice of any claim made or suit instituted which in any wdy, directly or indirectly, contingently or otherwise, affects or might affect Lessee, and Lessee shatl have the right to compromise and defend the same to the extent of its own interest. Lessee shaI1, dt its own expense, keep in force insurance of the following types, naming the Lessee, the City of Oklahoma City, and the Oklahoma City Public Property Authority as co-insured., and in not less than the following amounts, issued by a company or com- panies licensed to do business in Oklahoma and of sound and adequate financial responsibility against all liabilities for accidents arising out of or in connection with Lesseers use and occupancy of and operation of the Leased premises, except when caused by Lessorrs negligence or that of its agents or employees, and shall furnish to Lessor certificates evidencing such insurance subject to the limita- -7- " tions set forth above in respect to Lessorrs negligence, and the Lessee'.shall be furnished with a certificate to the effect that such insurance shall not be changed o5 cancelled without ten (10) days' prior notice to the Lessor, to wit: (A) Workmen I s Compensation Insurance as prescribed by State Statute. (B) Employerrs Liability - $50,000.00 on each accident. (C) Comprehensive Public Liability Insurance (including products liabilitY): 1. Bodily injury-each person -s100,000.00 2 Bodi)-y injury-each accident -s3oo, oo0. 00 3 Property damage-each person -$ 50,000. 00 4 Property damage-each accident -$100,000. 00 (D) Comprehensive Automobile Liability Insurance: 1 Bodily injury-each person -$100, 000. o0 2 Bodily injury-each accident -$200,000.00 3 Comprehensive Property Damage -$ 50,000.00 ARTICLE XIII TERI'{fNATfON BY LESSOR OR LESSEE In the event that Lessor or Lessee shall fail to perform, keep and obserye any of the terms, covenants or conditions herein contained on ttre part of Lessor or Lessee to be performed, kept and obsenred . Lessor or Lessee may give the other written notice to correct such condition or cure such default, and if any such condition or default shalJ- continue for thirty (30) days after receipt of such notice by Lessor or Lessee, the other ray, after the lapse of said thirty (30) day period and prior to the correction or curing of such condition or default, terminate this Agreement by a thirty (301 days' written notice, and the term hereof shalI thereupon cease and expire at the end of such thirty (30) days in the same manner and to the sErme effect as if it were the expiration of the leased term. No default on the part of the Lessee or Lessor shall be deemed to continue so long as Lessee or Lessor shall have promptly taken action to correct'the sElme anC shall be diligently prosecuting such action. No waiver of defauJ.t by Lessor or Lessee of any of the terms, covenarts or conditions hereof to be performed, kept or observed by Lessee or Lessor shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants and conditions herein contained to be performed, kept, and obserrred by Lessee or r-essor -g- ARTICLE XTV STGNS AND ADVERTISING No signs or any other type of advertising shaLl be erected or used by Lessee unless the prior written approval of the Public Events Director has been secured as to the method, number, size, wording ind location of such signs or advertising. No permanent sign or any other tyPe of permanent advertising may be affixed to the interior or exterior of the Iulyriad Arena. The Lessor reserves the right to sell advertising on the l"tyriad scoreboard reader board. The Lessee may selI advertising on the Myriad scoreboard reader board and retain all revenue received from the sale l of such advertising. ARTICI,E XV ASSTGNMENT AND SUBLEASE Lessee shall not at all assign this Lease nor subl"et the leased premises without'permission of the Director of Public Events. ARTTCLE XVT SUCCESSORS AI{D ASSIGNS This Agreement shal1 be binding upon the parties hereto, their successors and assigns. ARTICLE XVTI In case the Myriad Arena or any part thereof shaLl be destroyed or damaged by fire or any other cause.or if any other casualty or unforeseen occurrence shalI render the fulfiJ.lment of this Agreement by the Lessor or Lessee impossible, including without limitation thereto, ttre reguisitioning of the premises by the United States, The State of Oklahoma or The City of Oklahoma City governments or any arm or instrumental.ity thereof t ot by .reason of labor disputes then and thereupon this Agreement shall termi:rate and the Lessee shall pay rental for said premises only up to the t.ime of such termination, at the rate herein specified and ttre said tedsee and Lessor hereby waive any clai-ur for darnages or compensation should this Agreement be so terminated. If such impossibility of performance is only temporary, then this Agreement shall be abated for the period of impossibility of -9- performance and the covenants, conditions, promises and obligations of the Agreement sha11 be resumed when the cause of the impossibility has ended, and the Lessee and Lessor hereby waive any claj-m for damages or compensation should this Agreement be so abated. ,M* Accepted this J:3 day of I 1e 7y OKC HOCKEY CLUB By Secretary Corporate SeaI CITY OF OKLAHOMA CITY i By P ac Ev-en sD rec z : EXHIBIT IIAII il F U 4 ,AV ,t YIXVi F + s* H F ftH " 1-yy 'ry" t"1 b l--t - I t a r d q tn :: tts oo I t- a {-- T- , -J tl r;r I N a ,n &! o 1\ ! t :N 5 I t{ I ! o , ; Z : o o z x I u a as d t 4 s? pF s^l 7,. o Z !l 1 --+ t j .E l E $v I o ) I o I I II I IA, Notxlaot LESSOR a BY vtu r The City of Okl- City ATTEST: a Y r 30 1978 APPROVED as to form and legality this day of L978. AS nt c pa e or