FIRST AMENDMENT TO CBS RADIO AGREEMENT RE: WILDSPLASH
FIRST AMENDMENT TO CBS RADIO AGREEMENT
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This Amendment is made and entered into this 1. day of /1It...."-. , 2006
("Effective Date") by and between CBS Radio Stations Inc., d/b/a WLLD-FM, 9721 Executive
Center Drive, Suite 200, St. Petersburg, FL 33702 (hereinafter "CBS Radio") 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 CBS Radio Agreement ("Agreement")
dated February 24,200', (attached hereto and made a part hereof) and now agree to amend the
Agreement as provided for herein; and
NOW TIIEREFORE, 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 CBS Radio and the Vendor will co-promote the festival on
March 11, 2006 known as "Wildsplash" 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
CBS Radio 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 Vendor reserves the right to implement its policy at its
discretion. The policy set by the Vendor mandates that the music for the Event 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. Obscene Behavior and Compliance with Law. CBS Radio shall comply with all
applicable Federal, State and local law while occupying the Venue for the Event. CBS Radio
agrees that CBS Radio staff and DIs shall not use the word "Fuck" while on stage 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 CBS Radio revenues
to be paid hereunder, prior to the Vendor's issuance of such revenues due.
6. Public Safety. Interruption or Termination of the Event. CBS Radio agrees that it
will use commercially reasonable efforts to perform its responsibilities with respect to the Event
with full regard to the public safety, and will observe and abide by all applicable regulations and
reasonable requests by the Vendor and all other duly authorized governmental agencies
responsible 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 reasonable judgment of the Vendor such act is
necessary in the interest of the public safety.
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7. The Vendor, as part of its partnership with CBS Radio, will utilize its
Ticketmaster account for the sale of tickets to the Wildsplash 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 CBS Radio 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 forth the State Sales Tax responsibilities of each
partner in regards to ticket sales for the March 11, 2006 Wildsplash Festival.
· 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 CBS Radio will use in
calculating and paying the State Sales Tax, which is their responsibility.
· Any sales tax generated on any tickets sold directly by CBS Radio is also the
responsibility of CBS Radio.
· 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(~BY~"7L
\../Frank V. ffibbard William B. Home, II
Mayor City Manager ~ _
APPROVED AS TO FORM:
ATTEST:
By:
By: ~~.~.-./~A5~~
..J;,v C la. ~au =- [f... (f'
D- City Clerk' - : ' :' - - ." '
ATTEST:
By: \(~11~ ~ .
Name:
STATIONS, INC.
By:
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Title: \If I'I~T~.