City Council

Council Agenda MEMORANDUM Item No 2 The City of 09121105 OKLAHOMA CITY TO: Mayor and Council FROM: James D. ty Manager the oklahoma city Temporary Relocation Agreement between The city of oklahoma city, public property a"*r"rityLa New orleans Horrets NBA Limited Partnership, a North carolina limited partnershiP (NBA) Homets have been Background The National Basketball Association Jirptu""a from their home arcna in New Qdsans as a result of Hurricane out arena Katrina. The NBA and the Hornets have subsequently sought a major and other facilities in cities with the potential to accommodate league basketball franchise on a temporary basis' issues p:rtai.?lg. to.the temporary Purpose The proposed Agreement covers all Ford center relocation of the NBA Hornets not expressly detailed in the be one Use License Agreement. The term of the Agreement will for year, with an option for a one-year extension' the will Under the terms of the Temporary Relocation Agreement, City provide training and practic" fu"iliti.t for the Hornets at no cost' Office ,,pu"", the furnishings and housing for employees will be.provided by 6tt, a**g th; initial term of the Agreement and certain capital .quip*"", La i-provements wilt made to accommodate NBA !e goals, etc')' basketball at Ford Cienter (e.g. new basketball court and Other financial terms are suilnarized as follows: / The city will front Ford center expenses associated with presentation of Homets basketball games' / Homets will receive game day revenues including ticket sales, advertising, ,porrro.rfrps, etc' City revenues from advertising with and sponsorship agreements currently in place will remain the CitY. ,/ Any Hornets revenue deficit below an agreed benchmark amountwillbeguaranteedbytheCityuptoamaximumof$10 million. (Note: it City" liability will be limited to a marimum " Liability of $3.3 million as the itate of Oklahoma and a Limited company have each committed to share 1/3 of this guarantee.) Page2 / Revenues in excess of the benchmark will be split, with 80% of the revenues going to the City until all City expenses (e.g. offrce space, housing, Ford center expenses, capital costs, etc.) are fully reimbursed. / Once the Crty's expenses are reimbursed, all excess revenues will be split 50% to the City and 50ohto the Hornets' A separate item appears on today's agenda directing the City Manager to finalize agreements with the State of Oklatroma and a Limited Liability Company concerning the revenue guarantee. Also on today's agenda is a procurement item to help ensure all necessary capital iiprovementsand equipment are acquired and in place prior to the start of the NBA season. A term sheet summarrzing these documents is attached for your information. Source ofFunds Oklahoma City Public Property Authority Office, Finance Review City Manager's Offrce, Municipal Counselor's Department Recommendation: ApprovetheAgreement' JDC:TAA Attachments Ageement Summarv conceming NBA Holaets what constitutes several agreements between the This summary encompassed issues and terms of Hornets; the State of oklahoma; and a city and otter purties including: the New orleans in the State of Oklahoma Limited Liability Compu"y to be named and created 1. Facilities a.NBAHornetstoplayallregularseasonandpost-seasonhomegamesdurin.gthe an agreed upon number of pre- 2005-2006 NBA season atlord center except elsewhere' season games and home games to be played Tenn of Agreement; Renewal Option' 2. NBA season' a. rh. ugr..ro"nt will have an initial term covering the 2005-2006 for one additional one-year b. The Honrets may exercrse a,enewal of the agreement Period. Practice & Training Facilities 3. available to the Hornets in a. The City will cause suitable facilities to be made will be reimbursed for any practice Oklahoma City or u iocation. The City andtrainingfacilitycostsfromHomets'"'n"""*inaccordancewiththetermsof""*ty the agreement' is reasonably possible and not in b. When the arena is available and court set-up will also be made available conflict with set-up fo, otn", events, the Ford Center to the Hornets for Practices' 4. Relocation Allowance. for Hornets employees' including a a. The city will provide a temporary housl-e- be reimbursed for its housing support $500,000 housing allowance. The city will the terms of the agteement' costs from Hornets revenues in accordance with by the City during a Hornets'"-pioy"" housing *U not be funded or provided renewal term- b. rn, city *iir provide sufficient furnished office space for Hornets operations within*ati"gai$anceoftr,eFordCenter..TheCitywillbereimbursedforits with the terms of the office ,rrppo.t"*sts from Homets revenues in accordance or provided by the city ugro-"or. Hornets offi"" s,rpport witl not be firnded during a renewal term' 5 Capital ImProvements. certain capital The city will acquire certain equipment and'/or make L (e'g' new basketball floor' improvements necessary to present Nbi basketball center-court camera, etc')' from Homets revenues ln b. The City will be ieimbursed for its capital costs accordance with the terms of the agreement' FINANCIAL TERMS 1 Revenues. to the Hornets including net Hornets receive game day revenues attributable a. novelties' signage' arena rsvenues from ticket sales, concessions, merchandise' parking, advertising, sponsorships, electronic media, print medi4 promotions and naming and L"remental aren -iaafea revenues, f -y, from additional rights preminm seating licenses, etc. 'City b. retains exiJting advertising, rulming rights, pouring rights and other revenues' 2. Expenses. a- city pays facility operating expenses for Hornets games at Ford center' b. Hornets *" r"rpooiible for its own marketing and operations expenses. from c. The City will be reimbursed for Ford Center game related operation costs Homets revenues in accordance withthe terms of the agreement. 3. Season Revenue Benchmark. a. A Homets revenue Benchmark is set at l05Yo of last season's documented tearn local revenues (all Hornets revenue except television broadca* and other NBA renewed for a revenues) for the first year of the agreement. If the agreement is secondyear,theBenchmarkwillbesetat$40million. b. The amouni of the Bencbmark will be adjusted and reduced for each Homets City- home game played at a location other than the Ford Center in Oklahoma 4. Financial Guarantee' term of the a. If the total of gross revenues eamed by the Hornets during the initial an amount agreement is 1!ss tban the Benchmarlg the City will pay the Hornets to the deficitup to amaximum of $10 million (NOTE: The City's liability and a "qrawill be limited to a morimurn of $3.3 million as the State of Oklahoma to Limited Liability Company to be named and created in the State have agreed share in the Homets guarantee otr an equal basis with the City') 5. Reimbursable ExPenses. will receive 80% of L When Hornets local revenues exceed the Benchmark, the City operating and revenues pntil all City expenses are recovered (e.g. Ford Center etc')' capital expenses, Hornets office and housing relocation expenses, 6. Revenue Sharing. revenues will be split 50% a. Once the City's expenses are fully paid, all additional to the CitY and 50Yoto the Hornets' OTTMR TERMS 1 NBA and Homets Assurances- a. The Hornets and NBA will provide assurances that complete and feasible funded by the marketing and business plans will be implemented and fully Hornets and the NBA. TEMPORARY RELOCATION AGREEMENT The parties to this Agreement dated September 21,2005 (the "Effective Date") (collectively, are the city of oklahoma city and tn. oHunoma city Public Property Authority the ..City,,i; and New Orleans Hornets NBA Limited Parbrership, a North Carolina limited parbrership (the "Hornets"). RECITALS A. The Hornets owns and operates a member team in the National Basketball Association ('NBA") known as the'New Orleans Homets'" B. The Hornets are not able to play games in their home arena in New Orleans, Louisiana as a result of Hurricane Katrina' C. The City owns the Ford Center arena (the "Arena"), has leased the Arena SMG to to the Oklahoma City public property Authority ("OCPPA") and the City has engaged dated July 1, 2003 manage the Arena o, itr behalf pursuant to a certain management agreement (the "Management Agreement"). D. The City has agreed to allow the Hornets to use the Arena for its home Hornets and its games in the 2005-06 NBA ,"uron and to provide certain other assistance to the employees, on the terms and conditions set forth in this Agreement- It is agreed as follows: 1. Use of Arena' (a) The City hereby grants to the Hornets the right to use the Arena for all of 2005-06 NBA the Homets pre-season, regular season and post-season home games during the to be played on March 18, season listed on Schedule 1-, except for (i) a game currently scheduled and March 4, 2006; and (ii) games currently scheduled to be played on November 4, January 77 which the parties have agreed wil be played in the Arena instead on November 1, December 18 to join the and January Z. The Citylas authorized and directed SMG, as manager of the Arena, City and the Hornets in the execution of an Arena Use License Agreement (the "Arena IJse 2005-06 NBA Agreement") contemporaneously with the execution of this Agreement for the to hold ,",'uro, (including an option to renew for a second season as hereinafter provided) and games, except June 8, 9, open a number of aut"r acceptable to the Hornets for potential playoff lb and l!,2006, which are previously reserved for Ringling Brothers and Barnum & Bailey Circus. (b) The Homets shall play all of its 2005-06 Home Games (as defined in the on Schedule 2 Arena Use Agreement) in the Arena except for regular season home games listed which will be played in Louisiana and except as provided in Section l(a)' (c) The Hornets shall not incur any costs or be required to pay any expenses expressly relating to use oi th. Arena for games or for any other purpose, except as otherwise Arena providld in the Arena Use Agreement. The City shall pay, or direct SMG to pay from the operating account, all Game-Day Expenses (as defined in the Arena Use Agreement), which shafl belncluded in Reimbursable Expenses referred to in Section 10OXD. The other terms under which the Hornets will play in the Arena are contained in the Arena Use Agreement. 2. Term. This Agreement and the Arena Use Agreement shall have an initial term covering the 20OS-06 NBA slason (which term includes the pre-season and the post-season), subject io the renewal right of the Homets set forth in Section l3 below- 3. Trainine Camp Facilitv. The City shall provide Southem Nazarene University, University of Ottuloroa or another mutually acceptable location to be used by the Homets for its prr-r.*o, fpining cartrp, meeting the specifications on Schedule 3, at no cost to the Hornets. All out-of-pocket expenses incurred by the City under this Section 3 shall be included as Reimbursable ExPenses. 4. Practice Facility. The City shall provide a practice facility at Southem Nazarene University, Uoirr"rsity of Oklahoma or another mutually acceptable location, meeting the specificaiions set fortl on Schedule 4, for use by the Homets for practices during the 2005-06 NBA Season, at no cost to the Hornets. In addition, when the Arena is available and court set-up is reasonably possible and not in conflict with set-up for other events, the Arena will also be made availabli to the Hornets for practices. All out of pocket expenses incurred by the City under this Section 4 shall be included as Reimbursable Expenses. 5. Office Space. The City shall provide to the Hornets for the period commencing October l, 2005 and ending thirty (30) days after the last game in the 2005-06 NBA Season played by the Hornets, approximately 25,000 usable square feet of office space, as needed, iogltn.r with adequate parking, in a Class A offrce building reasonably satisfactory to the HJrnets and within *ulkiog distance of the Arena. The space shall be fumished (with modular office furnishings and furniture) and carpeted in accordance with the standards of comparable locations in the City. The City shall pay the rent, utilities and other charges attributable to the space and furnishings. In order to limit the financial obligations of the City under this Section 5, the Hornets and sMC will, if requested by the City, provide tickets (and/or other barter in the form of advertising, signage and/or promotional opportunities not planned for sale to other parties) to one or more sponsors reasonably acceptable to the Homets in exchange for the use of ,orrr" or all of such space and fumishings without cost to the City, up to a maximum barter value of $16 per usable rqrr*. foot. All out-of-pocket costs incurred by the City under this Section 5 shall be included in Reimbursable Expenses- 6. Housine. The City shall provide 108 adequately furnished apartments located adjacent to Ottutornu Christian University, at no cost to the Hornets or its employees for o"",rp*"y or utilities, as soon as the same are available but in no event later than December 1, (the 2OO;. The City shall also provide the Hornets with an aggregate housing fund of $500,000 .,Housing Fund',y that can be drawn on by the Hornets to cover (either through direct paYrnent or reimburiment) the housing costs, including fumishings (and temporary housing in hotels) for Hornets employees and their families for which the apartments referenced above are not yet available oiotherwise not suitable. If such apartments are not available by December 1, 2005 the City shall make good faith efforts to provide additional housing funds as reasonably required until such apartnents are available. The Hornets shall, and shall direct the employees that 1598937_1.DOC 2 benefit from the Housing Fund to, apply for FEMA grants to reimburse them for their Oklahoma to do City housing costs. fne City shall alio apply to the extent the City is authorized by FEMA any so, for FEMA grants to reimburse it for the Housing Fund. The Homets shall direct pay the employee receiv-ing a FEMA reimbursement for its Oklahoma City housing costs to u*ioot of such reimbursement to the City in an amount not to exceed amounts drawn from the Housing Fund for the benefit of the employee. The aggregate amount of such palmrents to the City shall not exceed the amounts drawn from the Housing Fund minus any amount recovered directly by the City from FEMA. The City shall make residential real estate professionals at available to Hornets employees to assist them in locating housing in the Oklahoma City area, all no cost to the Hornets or the employees. The amount drawn from the Housing Fund, minus shall reimbursements provided by FEMA directly to the City or paid over by Homets employees, be included in Reimb*rutb Expenses. The housing and Housing Fund described in this paragraph are intended to provide housing for Hornets employees other than players. 7. Capital Improvements. The City shall frrnd and direct SMG to make the improvementr *a p.*ia. tn" .quipment to the Arena as set forltr on Schedule 5, in compliance wiitr Ngn standards, as soon as reasonably practicable but in no event later than November 1, 2005. The costs of those items on Schedule 5 marked with an asterisk shall be included in Reimbursable ExPenses' 8. Local Revenue. (a) "Local Revenue" means the aggregate amount (net of sales taxes and products commissions paid to any person not a Hornets employee) of cash and the fair value of (excluding or services budgeted to bi bought by the Hornets in the ordinary course of business office space reierred to in Section 5 above), derived from or relating to the following sources applicable to the 2005-06 NBA Season in the City: (i) sales of tickets to Hornets Home Games; (ii) sales of sponsorships, temporary signage and promotional opportunities relating to the Homets or the Arena; (iiD sales of advertising on electronic media and in print media inventory controlled by the Hornets (including radio, television and on the Homets website); (iv) sales of suites and premium seating for Hornets Home Games, other arena signage, naming rights (including naming rights for portions of the Arena) and promotiJnaiopportunitieslehting to the Arena to new purchasers and, in the case of sales to ixisting purchasers, in excess of amounts such purchasers had contractually committed to pay for such rights prior to the Effective Date. (For example, Local Revenue shall include all amounts paid by someooe who purchases a suite or a sign after the Effective Date and all additional u*orrrt, payable after that date by aparty that had previously agreed to purchase a suite or a sign for a lower amount); and (v) all amounts payable to SMG, as manager of the Arena, the Homets or the City from concessions, novelties, parking and other game day ancillary revenue sources relating to Hornets home games. 1598937_1.DOC J- paid over to (b) All Local Revenue shall be retained by and and/or promptly SMG, the City or any third party' the Homets whether initially collected by the Hornets, (c) ln order to maximize Local Revenues: (i) the Hornets shall provide and pay the costs of a marketing and sales force consistent with NBA standards; (ii) the Hornets shall consult with representatives- of the Oklahoma designated by the city, with respect to its sales and marketing city busin.r, "o*-,-ity, activities and community relations; and (iiD the Honlets shall work with SMG to develop a program for the joint sale of Arena and Homets inventory' 9. Accountine' Hornets in^ (a) Not later than thirty (30) days after the last game played by the City at'ue and complete statemenJ of the 2005-06 NBA Season, the Hornets thuti furnish to the as true and complete to the-best all Local Revenue, identified by revenue category and certified of the Hornets, together with back-up knowledge of the president *i ct i"r Financial-officer SMG to provide the Hornets with all information in reasonabre detail. The city sharl direct of such statement by the Homets' The information in its possession relevant to the preparation the statement (the "Review Period") to city shall have a period of thirfy (30) days afte. ie"eipt 1f to veriff the accuracy of the statement examine the books and records oi ttre Homets and sMG examination by making their books and and the Hornets and SMG shall cooperate with such If, within ten (r0) days followi"q ft-. records availabre to the city during normal business hours. shall be deemed binding on both Review period, tfre Clty do., ,oi dispute the statement, it the and the dispute is not resolved by good faith parties. If the City disputes _statement that the dispute be resolved by a panel negotiations uetveen the parties, eif!9r party may require whom shall be designated by the of three independent, certified public accountants, one of the third of whom shall be designated Hornets, one of whom shall be disignated by the city, and by the panel shall be final and jointly by the other two accountants. The resolution of the dispute binding on the Parties. the City If Local Revenue is in excess of the Local Revenue Benchmark, O) all Reimbursable Expenses, shall fumish to the Hornets a true and complete statement of The right of the Homets to verifu the together with back-up information in reasonabie detail. and the procedure by which any dispute accuracy of the stat#ent of Reimbursable Expenses above. shall be resolved shall be as set forth in section 9(a) (c) payments under Sections 10(a) and (b) shall be made after Local Revenue determined under Section 9' and Reimbursable Expenses (if applicable) has been finally by either parfy (d) The costs of the panel of independent accountants enlisted shall be borne equally by the Hornets and to resolve any dispute under section l1a) or 9(b) above the CitY. '!598937-1.DOC 4 10. Local Revenue Benchmark' (a) If Local Revenue is less than an amount equal to 105% of revenue (other received or receivable by the than broadcast rigbts fees and NBA league wide disfibutions) estimated at Forty Million Dollars Homets from 2004-2005 operations inNew orleans, presently reasonably (the "Local-Revenue Benchmark"), to be evidenced by documentation 1$+O,OOO,O00) to be paid to the Hornets an u"r"ptuUi. to'the City and the Hornets, the City shall pay or cause by the City to the Homets under ;"i-t equal to the shortfull; providedthat the amount payable this Section 10 shall not exceed Ten Million Dollars ($10,000,000)' (b) If the Local Revenue exceeds the Local Revenue Benchmark, the excess amount shall be divided between the Homets and the City as follows: (i) twenty percent (20%) to the Homets and eighty percent (80%) to Expenses; and the City until the City has received an amount equal to Reimbursable (iD thereafter, fifty percent (50%) to the Hornets and fifty percent (50%) to the CitY- (c) ..Average Per Game Revenue" means the aggregate amount of Local -concessions, sources of ancillary Revenue from ticket sales, novelties parking and similar home ,"u"n r. at games divided by the actual number of Homets pre-season and r^egular season the Local Revenue puyld at the Arena a*i"g the 2005-06 NBA Season. The amount of Lu*., play all of their pre- Benchmark has been determineJon the assumption that the Homets will 2005-06 NBA Season' season and regular season home games at the Arena during the not played at the Arena during the Therefore, for Jach such Hornets Home Game fewer than 41 by Average Per Game 2005-06 NBA season, the Local Revenue Benchmark shall be reduced Revenue. 11. Tax Matters. (a) The City shall use its best efforts to cause repeal of all sales taxes on tickets to Homets games- (b) The City shall use its best efforts to cause to be made available to the benefits available under all Hornets the maximum amount of tax credits, payments and other of job creation and other laws of the State of Oklahoma and any subdivision thereof in respect economic activity in Oklahoma City' (c) The City shall not levy, assess, charge or impose any tax, imposition, respect to (i) the activities conducted assessment, usage fee or similar charge on, against or with other consideration generated Uy ttre Hornets in Oklahomu, o, ury ircome, revenues, profits or the Use Agreement, tlierefrom, (ii) the tuansactions contemplated by this Agreement and (iii) the gross receipts or income including the sale or license of rights thaf generate revenues, or teams, except for generally of phy"ir, coaches or other .*ployr., of the Hornets or other NBA Agreement ("Targeted applicable sales taxes and income taxes in effect on the date of this Taxes"). 1598937_1.DOC 5 tZ. Other Action. Prior to execution and delivery of this Agreement: (a) The Hornets has delivered to the City true and complete information about during the certain Homets revenues including those in the categories included in Local Revenue Hornets 2OO4-05 NBA Season in New Orleans' O) The City has directed SMG to furnish to the Homets true and complete copies of: (i) all agreements currently in effect entered into prior to Effective Date with all purchasers of suites and premium seating, naming rights, signage and other promotional opportunities relating to the Arena; and (ii) all agreements with concessionaires and other parties relating to Local Revenue. (c) The Homets has delivered to the City a letter from theNBA setting forth matters relating to identification of the City on the Hornets' uniform and in various NBA communications. 13. Renewal. The Hornets shall have the right, by notice given prior to July 1, 2006, to renew this Agreement and the Use Agreement for a renewal term that covers the 2006-07 NBA Season. The business terms of such renewal shall be the same terms as are contained in this this Agreement and the Arena Use Agreement, except that Sections 3, 4, 5, 6 and 10(a) of agr.#""t shall be deleted. Further, to the extent Local Revenue exceeds $40,000,000 such ,*-""r, Local Revenue will be allocated as provided in Section 10(b) (with Reimbursable Expenses limited to Game Day Expenses). 14. Miscellaneous. (a) Any notice or other communication under this Agreement shall be in writing and suati be considered given when delivered personally, one business day after being registered mail, sent b! reputable overnight courier, or three business days after being mailed by (or returnieciipt requested,lo the parties at the addresses set forth on the Arena Use Agreement at such other address as a parly may speciff by notice similarly given). (b) This Agreement shall be govemed by and construed in accordance with the law of the State of Oklahoma applicable to agreements made and to be performed entirely in Oklahoma. (c) This Agreement, together with the Use Agreement, contains a complete all statement of the agreements u-oog the parties with respect to its subject matter, supersedes prior agreements and understandings among them with respect to that sudect matter, and cannot the terms of this te changed or terminated orally. In the event of any inconsistency between AgreemJnt and the tsrms of the Use Agreement, the terms of this Agreement shallcontrol. (d) Time shall be of the essence with respect to the performance by the parties of their obligations under this Agreement- 1598937_1.00C 6 (e) No waiver of any breach or potential breach of any party undet tt": signed UV party granting such Agreement shail be effective unless set iorth in a writing duly Jh-t shall constitute a waiver *iiro.r, and no waiver of the breach of any matter on any one occasion occasion. The failure of any of a breach of such matter or any other matter on any subsequent performance any provision of party to seek redress for violation of, or to insist upon the strict of thir-Agr".*ent slatinot prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation. (0 No parbrership or joint venture is established among the parties under this Agreement. this (g) The City unconditionally and irrevocably represents and warrants that to.be a representative of Agreemen! upon execution and delivery hereof by a peT-on purporting on the city without any fi[ther thE parties identified as the city herein, rhull be valid and binding actiin required to be taken by any govemmental body or otherwise. (h) This Agreement may be executed in counterparts, which together shall constitute the same instrument. (i) In the event the Homets default under the provisions of Section lO) bV have the following relocating from'the City during the 2005-2006 season, the City shall and 10(a); (ii) remediesl (i) the Citv snaff be rJlieved of its obligations under Section 3,4,5,6 Expenses incurr-ed the Hornets shall ,.i*b*r. the City for the pro rata amount of Reimbursable for prior to default; and (iii) the Homets shail reimburse patrons, sponsors and advertisers udr*tt palanents of Local Revenue not yet earned' 6) The City and OCppA shall be jointly and severally liable for the either such entity shall not be obligations of ti'e City under this Agreement. The obligations of the other entity- Without limited by any,rrr"nforr"ability or limitation on enforceability against are payable, limitation of the foregoing, Oipp.q. agrees that its obligations under this Agreement and without regard to any without qualificatior, to- the trust estate of OCPPA and its revenues funding of OCppA by, or other relationship with, the City' IN WITNESS WHEREOF, the parties have executed and delivered this Agteement as of the date first written above' NEW ORLEANS HORNETS NBA LIMITED PARTNERSHIP By: Shinn Enterprises lncorporated, its general partner By: 1598S37_1.DOC 7 THE CITY OF OKLAHOMA CITY llilll ,,\] OF By: -, o ,- City Clerk OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY By: sE+r, Chairman :i - Secretary 2005 Reviewed as to form and legality this 2r**, of September, M 1598937_1.DOC 8 SCHEDULES I Games 2. Louisiana Games J. Training CamP Requirements 4. Practice FacilitY 5. Arena Changes and EquiPment SCHEDULE 1 GAMES Date Oooonent Preseason Games - To Be Determined rtl4l0s Sacramento tt19l05 Orlando llll2l05 Dallas rlll6l0s Denver Atlanta 1 l/1 8/05 lll23l05 Minnesota r2l2l0s Philadelphia t2l7lDs Boston r2ll4l0s L.A. Clippers r2lt6l0s Phoenix 1212810s Houston 12131105 Dallas tl4106 Miami tl6106 Portland tlt0106 Detroit rl13106 Sacramento Ll18l06 MemPhis rlzs106 San Antonio rl27106 Utah ll30l06 Milwaukee 211106 Chicago Date Opponent 2t4106 L.A. Lakers 2t8106 Seattle 2ll0l06 New York 2l13l06 Washington 2ll5l06 Portland 2122106 San Antonio 314106 Charlotte 316106 Phoenix 318106 L.A. Lakers 3l10106 Indiana 3l12106 New Jersey 3118106 Denver 3l2l106 L.A. Clippers 3123106 Houston 3l3rl06 Memphis 4ls106 Golden State 417106 Toronto 4ltul06 Cleveland 4lt2/06 Seattle 4lt4l06 Utah Postseason Games - To Be Determined 1598937_1.DOC SCIIEDT]LE 2 LOT]ISIANA GAMES Date OPPonent tzlr6l0s Phoenix Ut3106 Sacramento U18106 MemPhis 318106 L.A. Lakers 3lr8l06 Denver 312y06 L.A. CliPPers SCIMDULE 3 TRAINING CAMP REQUIREMENTS 1. Court with a minimum of six (6) baskets (2) large whirlpools 2. Training room with four @) freatment tables and two and 3. Locker room that accommodates twenty (20) players which contains ice, beverages, adequate appropriate food (fruit, power bars, etc.). The locker room should contain and other bathroom number of toilets and showers and be stocked with towels, soap, necessities. (30) people) with a dry erase 4. Room to accommodate team meetings (approximately thirty board and video, audio, and internet capabilities a dry erase board and has video, audio, and 5 Coaches office/conference room that contains intemet capabilities 6. Strength training room 7. Media room with intemet and phone connections 8. Secured area for equipment storage g. Dedicated, secured parking ateathatis available on an all day basis 10. Access to industrial washers and dryers 11. Hospital availability in emergency situations I SCHT'DULE 4 PRACTICE FACILITY 1. Court with a minimum of six (6) baskets 2. Training room with four (4) treafinent tables and two (2) large whirlpools and J Locker room that accommodates fifteen (15) players which contains ice, beverages, appropriate food (fruit, power bars, etc.). The locker room should contain adequate numUlr of toilets and showers and be stocked with towels, soap, and other bathroom necessities. 4. Room to accommodate team meetings (approximately thirty (30) people) with a dry erase board and video, audio, and internet capabilities 5. Coaches office/conference room that contains a dry erase board and has video, audio, and intemet capabilities 6. Strength training room 7. Media room with intemet and phone connections 8. Secured area for equipment storage g. Dedicated, secured parking arealhatis available on an all day basis 10. Access to industrial washers and dryers I l. Hospital availability in emergency situations SCIIEDULE 5 ARENA CHANGES AND EQUIPMENT 1. Tickets- Add technology and equipment necessary to provide barcoding for tickets (including handheld wireless scanners) Z. playing Court* - Buy a new playrng court of grade 2 or better quality wood with NBA markings (city to use best efforts to install byNovember l, 2005). 3. Basket SupportslBackboards - Buy (3) basket supports from a manufacturer approved by NBA that will provide Gared Backboards and Gared pressure - release rims. The backboards must contain 4 strips of LED lights outlining the inside of the four sides of the backboard to indicate the expiration of time. 4. Shot Clocks- Provide proper mounting of Dakhonics three (3) or four (4) sided shot clocks or new shot clocks 5. Locker Rooms- provide the following equipment and facilities for the Home / Visiting Team and Offrcials Locker Room Shower heads must be mounted at 7' to 8' height for team locker rooms and 7' height for officials' locker rooms Video and audio equipment for reviewing game and practice footage per NBA standards Game Clock in Locker Room area Television cable feeds and closed circuit television Minimum of two (2) training tables for Visiting Team Remove wooden bench from Visiting Team locker rooms provide exclusive locker room for Hornets (Arena football team locker room) with equipment and supplies that are a part of the locker room space including: lockers, training tables, washer/dryer, coach's desk 6. Broadcasting* - Following survey from NBA Entertainment, Arena will be required to build camera platforms and remove seats for: Mid level center court "Play by Play''cameras (minimum 6 cameras across) Low "Slash" Corner Cameras (Right and Left) High Slash/Beauty (Right and Left)' 7. Merchandise- Build out or convert existing concourse space for Hornets team shop consisting of approximately 500 sq. ft-