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FIRST AMENDMENT TO STATION WSJT 94.1 SPONSORSHIP AGREEMENT - SMOOTH JAZZ FEST CONCERT FIRST AMENDMENT TO STATION WSJT 94.1 SPONSORSHIP AGREEMENT This Amendment is made and entered into this $J~ day of ~ ' 2006 ("Effective Date") by and between WSJT 94.1, 9721 Executive Cente nve, SUite 200, St. Petersburg, FL 33773 ("hereinafter "\JVSJT") and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, (hereinafter "Vendor") (each individually referred to herein as "Party" or collectively as the "Parties"). WHEREAS, the Parties entered into that certain Station WSJT 94.1 Sponsorship Agreement ("Agreement") dated September 2SI, 2005, (attached hereto and made a part hereof) and now agree to amend the Agreement as provided for herein; and NOW THEREFORE, the parties agree as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by reference. 2. It is understood that WSJT and the Vendor will co-promote the festival on April 21, 2006 and April 22, 2006, known as "Smooth Jazz Fest Concert" in Coachman Park, located at 301 Drew Street, Clearwater, Florida. It is understood that this will be a paid event open to the public and that WSJT is the title/presenting sponsor of the event. 3. It is also understood that the Vendor has a sound policy for its concerts which absolutely must be adhered to and VEmdor reserves the right to implement its policy at its discretion. The policy set by the Vendor mandates that the music for this festival at Coachman Park must be completed by 9:00 p.m. 4. It is also understood that the Vendor has established safe capacity limits for Coachman Park. For this festival a maximum of 12,500 tickets will be sold through Ticketmaster and/or day of show. 5. Lewd. Obscene or Violent Behavior. WSJT shall comply with all applicable Federal, State and local law while occupying the Venue for the Event. No lewd, indecent, or obscene conduct or language shall be included in activities or events presented by WSJT, its affiliates, respective officers, directors, employees agents and representatives (collectively "WSJT Representatives") or any of their successors or assigns. In addition, WSJT Representatives shall refrain from encouraging illegal drug usage. WSJT hereby recognizes that any such references or encouragement will reflect negatively on the City of Clearwater and may be in violation of law. WSJT further agrees that the Vendor or its agents may, in their discretion, order WSJT to immediately vacate the Venue if WSJT fails to cure any of the following: (a) if the Event is indecent or obscene in violation of law; (b) if employees or agents of WSJT engage in disorderly conduct as provided by law or; (c) if the actions of WSJT incite violence, threallen or result in an immediate breach of the peace as provided by law. Further, WSJT agrees that WSJT Representatives shall not use the word "Fuck", or any variations thereof, at any time during the Event. Any such use shall result in a monetary fine of Two Thousand Five Hundred Dollars ($2,500.00) per occurrence and shall be deducted as a penalty expense from WSJT revenues to be paid hereunder, prior to the Vendor's issuance of such revenues due. 6. Public Safety, Interruption or Termination of the Event. WSJT agrees that it will at all times conduct its activities with full regard to the public safety, and will observe and abide by all applicable regulations and requests by the Vendor and all other duly authorized governmental agencies responsibl1e for the public safety. Duly authorized representatives may enter the Venue at any time and on any occasion without any restrictions whatsoever. All areas of the Venue shall remain under the control of the Vendor. Further, Vendor shall retain the right to cause interruption of any performance in the interest of public safety and to likewise cause the termination of such performance when in the sole judgment of the Vendor such act is necessary in the interest of the public safety. 7. The Vendor, as part of its partnership with WSJT, will utilize its Ticketmaster account for the sale of tickets to the Smooth Jazz Fest Concert. The Vendor, upon receipt of the final settlement from Ticketmaster, will deposit the check into the Vendor's events development account. The Vendor will then issue a check to WSJT for the amount of the check minus any deductions outlined in the agreement or additionally agreed upon by the promotions department for the station. 8. This paragraph hereby sets fOl1h the State Sales Tax responsibilities of each partner in regards to ticket sales for the April 21, 2006 and April 22, 2006 Smooth Jazz Fest Concert. . State tax is collected by Ticketmaster on all tickets sold through Ticketmaster and is included in the gross sales amount reported by them. . The check received by the Vendor from Ticketmaster is the gross sales amount collected by Ticketmaster, including State Sales Tax, deducting other applicable Ticketmaster fees. . Said gross sales amount (including the sales tax), is the amount WSJT will use in calculating and paying the State Sales Tax, which is their responsibility. . Any sales tax generated on any tickets sold directly by WSJT is also the responsibility of WSJT. . The Vendor shall not be responsible for the payment of any sales tax whatsoever. 9. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. COUNTERSIGNED: CITY OF CLEARWATER By: -~j/~ ---/Frank V. Hibbard Mayor BY:~~~ William B. Home, II City Manager APPROVED AS TO FORM: ATTEST: By: ~- [2,(0. ATTEST: 94.1 BY:e,~ e ~~,e.J- - 'R.....<I1...j b~ Name: , Cij By: , . ... // Lj - y - cJ L "-Name:C::H"~U~ oed.$' Title: Vp I '-CNtUt /I1ifiV~.