FIRST AMENDMENT TO VENUE LICENSE AGREEMENTFIRST AMENDMENT TO VENUE LICENSE AGREEMENT
This First Amendment to the Venue License Agreement ("First Amendment") is made
as of the Ito day of , 2024 by and between the City of Clearwater, Florida, a
municipal corporation here n referred as "City" and Ruth Eckerd Hall, Inc., a Florida not-for-
profit corporation "Licensee" and collectively with the City, the "Parties".
WHEREAS, the City and Licensee entered into that certain Venue License Agreement
dated December 12, 2022 for the Licensee to manage and operate an Amphitheater located
within Coachman Park described therein, and commonly known as The Sound; and
WHEREAS, the Licensee has successfully operated The Sound since June 2024, and
has met all parameters of the lease; and
WHEREAS, during the first twelve months of operation both the Licensee and the City
have determined that there are some portions of the agreement that need clarification; and
WHEREAS, the Licensee and City also agree that there are some additional portions
of the agreement that need to be modified and strengthened; and
WHEREAS, the Parties desire to amend the Agreement to reflect the terms as
provided for in this First Amendment.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
Parties agree to amend the Venue License Agreement as follows:
Recital. The foregoing recitals are true and correct and are hereby incorporated in and
form a part of this First Amendment.
"Section 2.2(e) — Property Security for events" is hereby amended in title to say, "Section
2.2(e) — Safety of Attendees at Events," and add the following language after the final
sentence in that section:
Clearwater Police, Fire and Parks and Recreation Departments representatives
will be notified via email by Licensee immediately when an event is confirmed.
Capacity for ticketed events using the green lawn east of the covered seats shall
be determined by City safety officials. The deadline to increase or decrease
attendance capacity shall be no later than twenty-one (21) calendar days before
the event unless otherwise agreed to by the parties. The parties have agreed to
standard seating configurations depicted in composite Exhibit "G". The Licensee
may use any of these standard seating configurations for its events. In the event
the Licensee desires to use a different seating configuration, or increase the
number of seats, the Licensee will submit the request to the City for approval
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prior to selling tickets for the event. The City will review the request and, within
the applicable law and ordinances, determine in the exercise of reasonable
discretion whether the request can be granted. City will respond to such
requests in a timely manner.
The City's standard operating procedure for Severe Weather is included as
Exhibit E, and both parties have agreed to follow the City's policy regarding
Severe Weather. The City shall not be responsible for any costs, loss of revenue,
incidental, or consequential damages as a result of an event the Licensee
cancels or is required to cancel as a result of the Severe Weather policy.
"Section 2.2(h) — Operational Services" is hereby amended to add the following language
after the final sentence in that section:
Licensee shall be billed on a quarterly basis for electricity at the Venue, including without
limitation the main building and north restroom building. Concerning allocation of other
costs, Licensee also shall be billed and shall pay 100% of the cost of water, sewer, and
wastewater for the 11/2 inch meter that services the north restroom building (which is open
for Licensee or city events only). The City and Licensee each shalt be billed and shall pay:
50% of the costs of water, sewer, and wastewater for the 2 inch meter that services the public
restrooms and main building at the Venue; and 50% of the costs of water, sewer, and
wastewaterfor the 1½ inch meter that services the vendor areas in the plaza and in the green
(the grassy area beyond the venue fencing near South Gate 2). The Licensee shall also be
billed and pay 25% of all fees and charges for solid waste and trash compaction services,
which will be billed to the Licensee by the City on a quarterly basis, and the City shall pay
75% of such solid waste and trash compaction fees and charges. The Licensee shall be
billed and pay the proportionate stormwater fees forthe Venue forthe impervious area which
is shown on Exhibit F, according to the City Code of Ordinances. The City shall pay the
portion of any stormwaterfees forthe balance of Coachman Park area not included in Exhibit
F, along with 100% of any gas fees incurred as a result of the gas torches affixed to the Venue,
and not seek reimbursement from the Licensee for either expense. The gas torches shall be
separately metered. Any future utilities installed by or at the request of the Licensee, such
as dedicated Wi-Fi for the Venue or cable television for the Venue, shall be paid 100% by the
Licensee, or the City shall be reimbursed 100% for those costs.
All removable seats may remain throughout the year, apart from twice a year when all
seats are removed for turf maintenance and deep cleaning (typically Summer and
Winter). The City shall notify the Licensee at least thirty (30) days in advance of
scheduled maintenance and deep cleaning. In addition, the Licensee shall remove
some or all seats at the City's request and Licensee's expense prior to scheduled City
Events.
The parties recognize that the Venue was designed to accommodate 4,000 persons
seated under the canopy. The Licensee may hold larger events by issuing tickets for
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customers to sit in the lawn area, in addition to the 4,000 persons who can be
accommodated under the canopy. However, the total occupancy of the Venue shall
be determined by the City in compliance with the Florida Building Code and Florida
Fire Prevention Code, as amended from time to time. The Venue was designed for
public restroom facilities in the building and adjacent freestanding facility in the Lawn
seating area serving the structure and up to 4,000 persons seated under canopy. If
the Licensee elects to hold larger events, exceeding 4,000 people, the Licensee shall
provide any portable or temporary restroom facilities the Licensee deems
appropriate, at the Licensee's sole cost.
Licensee will include small or private event rentals on the event calendar for City
reference. When a private event is held solely at or within The View, the public
restrooms and other public areas will remain accessible to the public using
Coachman Park.
"Section 2.2(j) -- Parking Facility at the Venue" is hereby amended to add the following
language after the final sentence in that section:
Prior to and during an event, the south side of Drew Street adjacent to the Venue is
reserved for public safety vehicles and equipment; Licensee will utilize the north side
of Drew Street for operational use.
"Section 2.2(1) -- Compliance with Laws" is hereby amended to add the following language
after the final sentence in that section:
In the operation of the Venue, the Licensee shall materially comply with all laws,
ordinances, and regulations applicable to it with respect to operation of the Venue,
including noise ordinances, as amended from time to time. Sound levels wilt be
monitored and recorded by Licensee and all records regarding sound must be
retained for a period of one year from performance date.
The parties have agreed to propose amendments to the City's noise ordinance that,
if adopted by the City Council, will expressly allow the Licensee to conduct sound
checks within a five-hour window before gates open for a scheduled event; however,
the proposed ordinance will not allow any sound check prior to 10:00 AM unless an
exception is approved in writing by the City Manager or designee. The parties agree
that unless and until the noise ordinance is revised by the City Council, the Licensee
shall continue to comply with the City's existing noise ordinance.
Regardless of whether the City's noise ordinance is amended, the Licensee wilt
maintain a community hotline for neighbors and citizens to report real-time issues
during the events including noise mitigation. Licensee will contact the complainant
within a period of two (2) business days from the complaint; keep a record of all
complaints; assist the City with complaints reported to City Council or other City
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officials within two (2) business days; and provide reports upon request from the City
regarding the number, type and resolution of the complaints received from the
hotline.
"Section 2.2(o) — Maintenance" is hereby amended to read as follows:
Licensee shall be responsible for maintenance of all assets owned by the Licensee,
including any Wi-Fi used for operational purposes, and shall keep such assets in good
repair, normal wear and tear excepted, and shall report any known issues related to
the Venue or any other City Assets to the City's Venue Manager. The City is
responsible for general building maintenance and repairs throughout the Venue and
Coachman Park, including, without limitation, HVAC, Plumbing, Electrical and other
licensed tradeswork, and will perform these functions on weekdays between the
hours of 7:OOAM and 4:OOPM. If a repair is needed outside of these times, the
Licensee shall utilize one of the City's approved Mechanical, Electrical, and Plumbing
contractors from a list provided by the City's Building and Maintenance department.
For minor repairs and during emergencies, Licensee may utilize their own staff or
vendors to make the necessary repairs. The Licensee shall notify the City's Venue
Manager of such repairs as soon as practical after the repair commences, Licensee
shall, in consultation with the City, conduct periodic risk management inspections.
If and to the extent that any maintenance or repairs are performed on the City Assets,
for or on behalf of the City, such maintenance or repairs shall be performed in a good
and workmanlike manner and in material compliance with applicable laws. Any
repairs made to City Assets for and on behalf of the City, shall be reimbursed within
Thirty (30) days of written request to the City.
"Section 2.2(r) -- Venue Management" is hereby amended to add the following language after
the final sentence in that section:
Licensee may stage vendors in the food court or any location within the boundaries
of the Venue, as well as other locations requested and approved by the City Manager
or their designee. Licensee shall fully reimburse the City for any damage caused by
Licensee vendors to City assets, including without limitation irrigation, electrical
boxes, plant material or other foliage, fences, or other City -owned equipment. Any
damage caused by Licensee vendors must be reported to the City as soon as
possible.
Waterfront access will be available to the public during concerts unless approved
otherwise by the City Manager or their designee. As stated in Section 2.2(h), when a
private event is held at The View, the park and main building restrooms will remain
open to the public.
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A new section is hereby created in the contract, to be titled, "Section 2.2(t) - Temporary
Fencing and Other Equipment Setup and Removal." This new Section 2.2(t) shalt read as
follows:
(t) -- Beginning at 7:OOAM the day before a Licensee event, the Licensee may utilize
the Venue in a non-exclusive capacity to set up equipment such as tents, barricades,
tables, temporary fencing, and green privacy screening. The green privacy screening
may be affixed to the fence. However, the Licensee shall not be allowed to "stake" or
otherwise inert any fencing, barricade, or other equipment into City property, such as
the City's landscape or hardscape, without advance written permission from the City.
In addition, while engaging in setup activities the day before an event, the Licensee
shall allow public access to the Venue except for the seating area located under the
canopy.
Notwithstanding the previous paragraph, the Licensee may restrict access to the
Venue the day before a scheduled event for the express purpose of conducting sound
checks or performing or supervising necessary repairs. The parties intend for such
restrictions to be used infrequently, and for public access to be restricted only to the
extent absolutely necessary for the Licensee to perform these functions.
Access to the main public restrooms will be accessible until three (3) hours prior to
the scheduled gate opening, except in the event of emergency closure.
After an event concludes, any privacy screening erected by the Licensee shall be
removed by the Licensee at its own expense within twenty-four (24) hours, unless a
different performer is scheduled by the Licensee to perform within five (5) days of the
event that most recently concluded. If a different performer is scheduled by the
Licensee within that five (5) day period, the Licensee may allow the privacy screening
to remain in place.
A new section is hereby created in the contract, to be titled, "Section 2.2(u) - Modifications
and Upgrades to the Venue." This new Section 2.2(u) shall read as follows:
(u) - Licensee shall submit to the City in writing any requested or desired
improvements or modifications to the Venue. The City will determine on a case-by-
case basis whether to authorize the Licensee to perform the work at its own expense,
whether the City shall perform the work at Licensee expense, whether the City shall
participate or contribute financially to any upgrade, or whether to disapprove the
modification in whole or in part. Any modifications or upgrades to the Venue
performed by the Licensee must receive proper permits from the City.
"Section 3.3 -Securing the Venue" is hereby amended to read as follows:
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Securing the Venue. The Licensee may, in its sole discretion, take reasonable and
necessary actions to secure the stage and the covered seating area when not in use
for events or preparation therefor. Such actions shall include, but not be limited to,
locking doors, fencing, and otherwise restricting access to the public as necessary
to ensure the physical security of all City Assets and Licensee Assets at the Venue.
Notwithstanding the previous paragraph, all agreed upon and allowed locations of
temporary and permanent fencing is depicted in Exhibit F. Any permanent and
temporary fencing shall be purchased and provided by the City. The Licensee shall
only use fencing provided by the City, or expressly approved in writing by the City. Any
physical alteration of the Venue other than fencing, such as the installation of new
doors, shalt be requested by the Licensee pursuant to the process described in
Section 2.2(u) of this First Amendment.
"Section 3.5 - Venue Sponsorships and Associated Benefits" is hereby amended to read as
follows:
Venue Sponsorships and Associated Benefits. The City shall negotiate, administer,
and execute in the City s name, all Venue Sponsorships and Park Sponsorships. For
purposes of this Agreement, " Venue Sponsorships" means sponsorships for naming
rights for the Venue and any portion thereof, including suites, sections, concession
areas, etc., alcoholic and non-alcoholic pouring rights for all areas of Coachman Park
and the City, and any other sponsorship associated with the physical Venue and fixed
infrastructure to the extent owned by the City.
As one example of a Venue Sponsorship, the parties acknowledge the City's Naming
Rights Agreement with BayCare approved by the City Council on March 7, 2024. The
phrase "Venue Sponsor," as utilized in this First Amendment or elsewhere in the
original Venue License Agreement, shall now refer to BayCare, and may be used
interchangeably with BayCare.
While recognizing that the City owns the entire Venue, along with Coachman Park,
the City and, if applicable, its third -party sponsorship marketing entity, shall continue
to work in good faith with the Licensee in the negotiation, administration and
execution of any Venue Sponsorships or Park Sponsorships. The benefits available to
the Venue Sponsor, and compensation owed to the Licensee, shall be governed by
the following terms:
"Sectioh 3.5 - Venue Sponsorships and Associated Benefits" is hereby amended as to
subsections 3.5(b) and 3.5(f), with those subsections now reading as follows:
(b) - The Licensee shalt donate the ten (10) tickets described in subsection 3.5(a) to
the Venue Sponsor at no cost to either the City or the Venue Sponsor.
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(f) — In addition to the ten (10) donated tickets described in Subsection 3.5(b), but
subject to ticket availability, the Licensee shall afford the Venue Sponsor an
opportunity to purchase at least two (2) additional front section or highest price
seating tickets, as determined by the Licensee (the "Additional Tickets"). The timing
of this opportunity shall coincide with a pre -sale period determined by the Licensee,
in the exercise of reasonable discretion. Any Additional Tickets purchased by the
Venue Sponsor pursuant to this provision shall be paid by the Venue Sponsor at full
retail price, including any fees, surcharges, and taxes that would normally be
assessed to any other retail purchaser.
"Section 3.5 — Venue Sponsorships and Associated Benefits" is hereby amended to create
new subsections 3.5(g), 3.5(h), 3.5(i), 3.5(j), 3.5(k), and 3.5(1), which shall add the following
new language:
(g) — When the Licensee creates or publishes marketing materials or media buys
relating to the Venue, and said marketing materials or media buys contain a logo, the
logo shall be an approved Facility Logo, as that term is defined in that Naming Rights
Agreement between the City and BayCare approved by the City on March 7, 2024. In
addition, and without limiting the foregoing, the Licensee shall comply with the Style
Guide once finalized. The Licensee may propose a variance or departure from the
Style Guide, but the Licensee must first submit the proposal to the Venue Sponsor for
approval. Throughout this amended agreement, the phrase "Facility Logo" shall carry
the same meaning.
(h) -- Licensee shall have sixty (60) days past the effective date of an agreement
between the City and Venue Sponsor to deplete any inventory with the Old Facility
Logo, as defined in that Naming Rights Agreement between the City and BayCare
approved by the City on March 7, 2024. The Licensee shall allow the Venue Sponsor,
at the Venue Sponsor's sole discretion, to purchase any inventory for destruction.
Said purchase, should the Venue Sponsor make this election, is intended solely to
reimburse the Licensee's actual costs; therefore, the purchase shall be without
markup. Any and all inventory purchased by the Licensee after the effective date of
this agreement shall, if appropriate for the inventory item purchased, include the full
name of the Venue, a Facility Logo, or both. As provided in the naming rights
agreement between the City and BayCare, approved by the City Council on March 7,
2024 ("Naming Rights Agreement"), BayCare (the "Venue Sponsor") will be
responsible for all costs associated with the creation and distribution of staff
uniforms bearing a Facility Logo.
(i) -- Licensee shall atlowthe Venue Sponsor to reserve the VIP area —which is referred
to interchangeably as the View — to the extent provided in the Naming Rights
Agreement, upon request to Licensee, and if agreed to by Licensee, in its sole
discretion. Should the Venue Sponsor opt for use during a Licensee event, Licensee
will be compensated at the prevailing rate. To be clear, Licensee is not required to
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forego revenue associated with the View during or in connection with a Licensee
event.
(j) -- Licensee will use best efforts, including supervision of its contractors and
performers, to minimize obstruction or concealment of any stage -adjacent signage
displaying a Facility Logo.
(k) — The Licensee shall acquire and use the new domain name
www.TheBayCareSound.com as the primarywebsitefrom which customers can view
upcoming events at the Venue and purchase tickets. The Licensee shall be
responsible for hosting or contracting with a third party to host and maintain the
website.
(1) -- Licensee agrees that all Licensee staff uniforms shall include a Facility Logo if
said uniforms are designed and produced at BayCare's expense pursuant to the City's
Naming Rights Agreement with BayCare approved on March 7, 2024. The City and
Licensee recognize the Licensee's authority to set uniform and dress code standards
for its employees, but the Licensee shalt not withhold authorization or prohibit its
staff from wearing uniforms bearing a Facility Logo if the costs were paid by BayCare
and the uniforms otherwise conform to Licensee standards. The Licensee shall
ensure that any and all use of the Facility Logo complies with the Style Guide referred
to in the City's Naming Rights Agreement with BayCare approved on March 7, 2024
(m) — Licensee agrees that if the Licensee's technology allows, a Facility Logo will
appear on any and alt digital tickets sold by or issued by the Licensee. In such cases,
the Licensee shall in the exercise of reasonable discretion determine the location and
size of the Facility Logo on each digital ticket. If the Licensee's technology does not
allow a Facility Logo to appear, "The BayCare Sound" shall appear on the digital ticket
in lieu of a Facility Logo.
"Section 3.8 — City Assets and Maintenance" is hereby amended to create a new subsection
3.8(e), which shall read as follows:
(e) — The City shall pay for and stock the supply closets at the Venue with paper
products, hand soap and cleaning supplies. The City is responsible for cleanliness of
the restroom facilities on the south side of the Venue until four (4) hours prior to a
Licensee's event, at which time the Licensee becomes responsible for cleaning and
supplying the restrooms. The Licensee will ensure that all restrooms are cleaned and
restocked at the conclusion of a Licensee event, regardless of when the next Licensee
event is scheduled to occur. The Licensee may utilize the City's stock supply located
in the supply closet to perform the restock, but the Licensee shalt be responsible for
its own labor costs in performing its required cleaning and restocking.
"Section 3.11 — City Events" is hereby amended to read as follows:
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The City shall have the right to use the Venue, or any portion thereof, for governmental
purposes hosted by the City or staffed by City personnel, without payment of any
rental or usage fees, on July 4, July 5, and up to ten (10) additional dates per calendar
year during the Term (such events, "City Events"). For any City Event occurring on or
beforeJuly 1, 2024, the City shall provide at least one hundred and twenty (120) days'
notice to the Licensee prior to schedulingthe City Event.
For any City Event occurring after July 1, 2024, the City shall provide at least one
hundred eighty (180) days' notice to Licensee prior to scheduling the event. The
Licensee shall then have five (5) business days to confirm that a performer is already
contractually obligated to perform on the day(s) of the requested City event. If a
performer is contractually obligated to perform on the date(s) in question, and the
Licensee identifies that performer or artist for the City's information, the City shall
select a different date for its City Event(s). However, if five (5) business days elapse
after the City notifies the Licensee of its planned City Event, and the Licensee has not
by the end of the five (5) day period advised the City of a conflicting contractually
confirmed performance, the City Event shall be held on the date identified by the City.
For the avoidance of doubt, a temporary " hold" shall not be considered a letter of
agreement or scheduling conflict for purposes of this section.
Any unused City Events shall expire at the end of each calendar year and shall not be
subject to rolling forward to the next calendar year if unused.
The City shall act in good faith to avoid scheduling a City Event promoted by a person
or entity that competes with the Licensee, unless previously agreed in writing by the
Licensee that such event would not be a conflict.
In regard to the use of professional venue management services at City Events, the
following provisions shall govern:
The licensee will retain exclusivity for concessions and ticketing services for all City
Events notwithstanding the following. When in the determination of the City Manager,
professional venue management services are not necessary for a City Event, the City
shall not be obligated to use the Licensee's stage management services (so long as
no professional stage management services are utilized). Otherwise, the Licensee
shall retain venue exclusivity for professional venue management.
The City at its discretion can procure specific services for a City Event at a cost
savings evidenced to Licensee in the following instances:
• Where the City can secure rental equipment at a lower costs through a
vendor of its choice.
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• Where the City can source backstage catering from another vendor at
a lower cost.
• Where the City can utilize City services to clean and return the site to
pre -event conditions.
• The City retains the right to determine appropriate number of event
staff for customer service when there is open seating and, may opt to
supplement or not with licensee and/or City staff.
• The City acknowledges that when engaging other vendors, use of
Licensee's equipment by the City or its vendor may be restricted,
limited and/or require supervision, at Licensee's sole discretion.
For City Events in which Licensee services are used, the City shall reimburse the
Licensee for any hourly labor, supplies, catering, and other documented out of
pocket costs and expenses approved in advance by the City in support of the City
Event, along with any emergency or unforeseeable costs reasonably incurred by the
Licensee during the event or on the day of the event. Said reimbursement shall be
without markup or profit, and such reimbursement shall be due and payable upon
receipt of a reasonably detailed invoice from Licensee documenting each cost for
which reimbursement is sought.
The parties intend for the vast majority of City Events to be free to the public or
offered to the public at minimal cost of admission. In the event the City partners
with a for-profit entity to host or perform at a specific City Event, and the for-profit
entity sells any individual admission tickets to such City Event, and the face value of
any ticket to such City Event exceeds twenty-five dollars ($25.00), the City shall use
the Licensee for professional event management, notwithstanding the previous
paragraphs or any other provision in this First Amendment. Should the Licensee's
services be utilized pursuant to this paragraph, the City will pay Licensee (if required
by Licensee) a facility rental fee equal to fifty percent (50%) of its regular facility
rental fee. This fee will be billed to the City in a detailed, itemized invoice.
In addition to the ten (10) City Events and July 4, July 5, and July 6 (collectively, "the
Fourth of July events"), the City reserves the right to reserve the unshaded lawn
portion of the Venue at no cost to the City when no scheduling conflicts exist ("Lawn
Events"). To reserve a Lawn Event, the City must notify the Licensee of the City's
intended or tentative date. The tentative Lawn Event date must occur within sixty (60)
days of the City's notification to the Licensee. If the Licensee has been properly
notified, the Licensee shalt notify the City within three (3) business days whether the
Licensee has contractually confirmed a conflicting performance occurring on the
tentative date of the Lawn Event. In the event of such conflict, the Lawn Event shall
not occur. In the event that no conflict exists, or the Licensee fails to respond to the
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tentative Lawn Event within the allotted timeframe, the unshaded lawn portion shall
be reserved for the Lawn Event.
During Lawn Events, the City may, in its discretion, either utilize in-house staff or a
third -party vendor of its choosing to provide food and beverage or other services that
may be desired by the City for the Lawn Event. Similar to City Events, the parties
intend for the vast majority of Lawn Events to be available at no cost to the general
public, or at minimal cost. However, the City will use the Licensee for relevant
services in support of the Lawn Event if the City or a for-profit partner sells any
admission ticket to a Lawn Event which carries a ticket face value exceeding twenty-
five dollars ($25.00).
Unlike City Events, Lawn Events shall not be limited in number or by date. The City's
only restriction(s) on Lawn Events shall be the notification and conflict provisions
described in the previous paragraph.
The City shall not schedule any City Event or Lawn Event promoted by a person
or entity that competes with the Licensee, unless Licensee agrees inwritingpriortothe
scheduling of such City Event or Lawn Event.
"Section 3.12 —Additional Events" is hereby amended to read as follows:
Licensee will reserve the traditional dates for Jazz Holiday festival on an annual
basis, contingent upon mutually agreeable terms between Licensee and the event
organizer. In addition, the Licensee will use reasonable efforts to work with other
third parties to organize certain community events on mutually agreeable terms.
Remuneration and contracting for Jazz Holiday and these additional events shall be
separately negotiated between the Licensee and the entity hosting the event
without the City's involvement. In the event that Jazz Holiday and the Licensee are
unable to agree on satisfactory terms, and the City decides to host or allow Jazz
Holiday elsewhere in Coachman Park (other than the Venue), then no portion of the
Venue shall be used by the Licensee or any of its contractors or private event guests
during Jazz Holiday scheduled performance days in the park. However, Jazz Holiday
may notify the Licensee at least one hundred and eighty (180) days prior to the first
day of the third week in October that the Jazz Holiday event for that year will occur
on a different week. If such notification is made, the revised dates shall serve as the
Jazz Holiday event dates for purposes of this section. For the avoidance of doubt,
the City shall not be responsible for any payment to Licensee in support of Jazz
Holiday or any other third -party event unless the City expressly agrees otherwise.
"Section 5.2 —Profit Sharing" is hereby amended to read as follows:
Provided that its operations from the venue generates at least an eight percent (8%)
profit margin to the Licensee, the Licensee shall make an annual payment to the
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City, no later than one hundred twenty (120) days following the end of the City's prior
fiscal year, (the "Profit Share"), equal to twenty-five percent (25%) of the profits in
excess of the 8% profit margin.
"Section 5.5 - City information Rights" is hereby stricken and deleted in its entirety, and
replaced with the following:
Records and Right to Audit. The Licensee will provide the City with a quarterly report
listing the aggregated number of tickets sold for all events held during the prior
calendar quarter and the number of free tickets provided, and the number of tickets
refunded and chargebacks suffered related to ticket sales during that prior quarter.
In addition, the Licensee agrees to keep alt books, accounts, records, and other
documents covering all transactions relating to this Agreement in accordance with
generally accepted accounting principles for a period of five (5) years and for such
additional reasonable period as the City may request.
The City shall have the right, up to four (4) times per calendar year, with said dates
determined in the City's discretion upon at least ten (10) calendar days' notice to the
Licensee, to fully examine such books, accounts, and records and all other
documents and material in Licensee's possession or under its control, with respect
to the City Ticket Allocation, City Ticket Rebate, Profit Sharing, including gross sales
and associated expenses, in addition to Program, Venue and Park Sponsorships, in
accordance with the terms of this Agreement for the purpose of validating the
documentation and calculations that support all payments to the City.
The City reserves the right to conduct or cause to be conducted an independent audit
of any financial transaction under this Agreement, or other terms of this Agreement,
and such audit may be performed by the City's audit staff, a certified public
accountant firm, or other auditors designated by the City and will be conducted in
accordance with applicable professional standards and practices.
The acceptance by the City of any statement by Licensee, or of any payment, shall
not be deemed a waiver of the right of the City to claim additional payment after a
review and inspection of Licensee's books and records nor shall such acceptance
constitute a waiver by the City of any claim for a refund from Licensee for any
overpayment.
"Section 9.3 - Order of Precedence," is hereby stricken and deleted in its entirety, and
replaced with the following:
The Parties acknowledge that the City, as the entitythat owns and paid forthe Venue,
has previously entered into separate, third -party agreements with The Superlative
Group, Inc. and with BayCare. To promote a harmonious and consistent experience
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for all involved entities, vendors, and guests, the City authorizes the Licensee to enter
into a separate Memorandum of Understanding ("MOU") or side agreement relating
to the Venue with either or both of these entities. The Licensee shalt promptly provide
the City a copy of any proposed MOU or side agreement between the Licensee and
BayCare, or the Licensee and The Superlative Group, Inc. The City may, in its sole
discretion, elect to join said agreement(s) as a party.
Nothing in this First Amendment shall entitle the Licensee or any other entity to enter
into any agreement affecting or relating to any City property or City assets outside of
the Venue, unless the City has granted this right by written contract or other written
permission.
While the Parties intend for all agreements to interact seamlessly and be given
maximum effect, the Parties recognize that latent or patent ambiguities may arise, or
inadvertent conflicts may be created. In the event of a conflict or ambiguity, the order
of precedence shalt be as follows, from the most controlling agreement to the least
controlling:
• The "Naming Rights Agreement" entered into between the City and BayCare
on or around March 7, 2024.
• This "First Amendment to Venue License Agreement" entered into between
the City and the Licensee, which the Parties expect to execute in July of 2024.
• The original "Venue License Agreement" entered into between the City and
the Licensee on or around December 15, 2022.
• The "First Amendment to the Professional Services Agreement Between the
City of Clearwater, Florida &The Superlative Group," entered into between the
City and The Superlative Group on or around February 2, 2023.
• Any supplemental or side agreement entered into between the Licensee and
BayCare, or the Licensee and The Superlative Group, Inc., regardless of the
date on which said agreement is executed.
Page 13 of 14
CITY OF CLEARWATER, FLORIDA
Jen
City Man -:er
Approved as to form:
David Margolis
City Attorney
Signatures e<4,4
rant Name
11rt C ,ice
Address l _ f 337(1
City, State, Zip Code
Si nature
STI E A PR�f
Print Name
316,5 Ail m .t DR- i* 7 2 -2 -
Address
Cb cS -) rL 537W
City, State, Zip Code
19761090v
Countersigned:
Attest:
Rosemarie Call
City Clerk
REH, INC.
By:
Suaa.au.PMc
Susan M. Crockett
President and CEO
Page 14 of 14
Exhibit E
T
:a ADMINISTRATIVE POLICY & PROCEDURE MANUAL
SECTION: Facilities, Vehicles and Equipment
POLICY NO.: 7012
ADMINISTERING DEPARTMENT (S): Clearwater Fire and Rescue Department
SUBJECT: Emergency Alert System
PURPOSE: To establish guidance for staff during severe weather and to incorporate the
citywide Emergency Alert System into the warning and notification process.
POLICY: This policy is for all employees, internal and external stakeholders, and community
members who use the beach and any of our athletic facilities, recreation centers and
community parks as listed below. The Emergency Alert System is equipped to detect when
severe weather is within a set proximity and provide an audible alert or generalized messaging
based on individual departmental needs. The Emergency Alert System will be active 24 hours
a day; however, the audible alert or voice messaging will comply with city ordinance and be
active only between the hours of 7 a.m. and 10 p.m. at Clearwater Beach and Coachman Park.
All other facilities will be monitored during park hours or during scheduled events or athletic
activities. These safety guidelines are not intended to be all inclusive. All people must assume
personal responsibility and always remove themselves from danger.
Administrative Repeal:
The provisions contained herein shall supersede and replace all prior policies and procedures regarding
this subject.
/s/Jennifer Poirrier 5/21/24
Jennifer Poirrier. City Manager Date
Procedure: See attached.
Effective Date: 05/21/2024
Reference(s):
Statutes: Ordinances: Resolutions: Legal Opinions:
Administering Department Policy Committee
ADMINISTRATIVE POLICY & PROCEDURE MANUAL
RATIONALE: Florida is known as the lightning capital of the United States. That means at
any given moment, especially during the summer, life-threatening conditions can arise
along the Gulf Coast and pose a dangerous threat to any outdoor activity. City staff,
swimmers, beachgoers, and park users are at greatest risk of injury during severe
weather. Keeping people safe is of the utmost importance to the city of Clearwater.
Therefore, an Emergency Alert System has been installed at Clearwater Beach and at key
Parks and Recreation locations throughout the city, including BayCare Sound.
Clearwater Beach
1. Overview: The Emergency Alert System should be used as a tool and in conjunction with
the Clearwater Fire & Rescue Lifeguard Division Lifeguard Lightning Safety Plan (S.D.P.
701 P) within operating hours. This plan has taken Into consideration guidance from the
National Weather Service (NWS) and the United States Lifesaving Association.
1.1 Weather Watcher: Designates a person or people to monitor lightning and severe
weather each day.
1.2 Weather watcher reviews available forecasts. NWS advisories, watches and wamings
can be monitored at https://www.weather.gov/tbw/ Thunderstorm and severe weather
forecasts are also online at http://www.spc.noaa.gov.
1.3 If the weather watcher has questions about a storm, contact the NWS in Ruskin at
813-645-2323.
1.4 Weather watcher notifies lifeguard staff of predicted weather hazards.
1.5 Weather watcher and other lifeguard staff use available tools to monitor weather.
1.5.1. NOAA weather radio
1.5.2. On-site lightning detector (Severe Weather Alert System)
1.5.3. Smartphone application (Bay News 9, Weather Bug, NWS)
1.5.4. Commercial notification subscription (optional)
ADMINISTRATIVE POLICY & PROCEDURE MANUAL
2. 6- to 15 -Mile Process:
2.1 When lightning is detected within 6 to 15 miles, the Emergency Alert System will notify
the lifeguard weather watcher.
2.2 If it appears the thunderstorm is moving nearby or if a more organized thunderstorm or
cluster of thunderstorms (supercells, squall lines, bow echoes) are headed for the
location, the weather watcher should notify lifeguard staff and consider protective
actions.
2.3 Protective actions
2.3.1. Depending on the storm track, consider closing facilities that do not provide
protection from lightning.
2.3.2. Consider notifying the public of the lightning threat and recommend actions based
on storm track:
2.3.3. Consider initiating predetermined evacuation plans for lifeguard staff.
2.3.4. Ensure lifeguard staff members take action to protect themselves.
3. 0 to 5 Mile Process:
3.i When lightning is detected within 5 miles, the notification system will automatically
alert staff via the internal messaging system and the public via the audible alert.
3.2 The weather watcher will notify management and staff, then proceed with
implementing the protective actions.
3.3 Protective actions.
3.3.1. Close lifeguard towers that do not provide protection from lightning and move all
staff to Tower 0.
3.3.2. The Emergency Alert System with broadcast an audible warning and message
notifying people of the threat and recommended course of action.
3.3.2.1 Alert message templates, approved by the city's Public Communications
Department, will be utilized.
ADMINISTRATIVE POLICY
3.3.22 Close the water by utilizing red flags, lifeguard staff and system
notifications.
3.3.2.3 Instruct beachgoers to leave and find shelter (identify appropriate shelter).
No place outdoors is safe if lightning is in the area. If a substantial building is
not available, fully enclosed motor vehicles can provide shelter as long as
occupants do not touch the metal framework during the thunderstorm. If no
protection from lightning is available, direct patrons to stay away from the tallest
objects (lifeguard stands, light poles, flag poles), metal objects (fences or
bleachers), standing pools of water, and open areas.
3.3.3. Implement predetermined evacuation plans for all lifeguard staff.
3.3.4. Ensure staff members take action to protect themselves.
4. All Clear:
4.1 The weather watcher will continue to monitor the proximity of thunderstorms and utilize
local observations and the Emergency Alert System to make an informed decision.
Management may then allow for normal activities to resume after 30 minutes of no
detected lightning strikes within a 5 -mile radius of the location. The weather watcher
will notify the public that beach and water activities can resume utilizing the
Emergency Alert System.
Parks and Recreation
1. Process:
1.1. When lightning is detected between 7 and 15 miles away, the Emergency Alert System
will notify parks staff.
1.2. When lightning is detected within 6 miles, the Emergency Alert System will broadcast
an audible warning and message recommending people take shelter.
1.2.1 Alert message templates, approved by the city's Public Communications
Department, will be utilized.
1.3. A safe shelter should be an enclosed public building with electrical service and
plumbing, but a vehicle can be used as safe shelter if needed as a last resort.
ADMINISTRATIVE POLICY Sr PROCEDURE MANUAL
2. All Clear:
2.1. All outdoor activities should not resume until a minimum of 30 minutes has passed
from the last lightning strike within 6 miles and an all clear has been issued by the
Emergency Alert System.
3. Monitored Sites:
3.1. Facilities — Clearwater Beach Recreation Center, Coachman Park, Countryside
Community Park, Countryside Sports Complex, Crest Lake Park, Eddie C. Moore
Complexes, Frank Tack Fields, Gien Oaks Park, Henry L. McMullen Tennis Complex, Jack
Russell Stadium, Joe DiMaggio Sports Complex, Long Center, Moccasin Lake Nature
Park, Morningside Recreation Center, North Greenwood Recreation Center, Philip Jones,
Ross Norton Recreation Center and BaMelds, Sid Lickton Complex, Walter Campbell Park.
3.2. Please note - The BayCare Sound at Coachman Park will have a separate monitoring
and alerting protocol.
Coachman Park
I. Purpose and Scope:
1.1. To provide general information for the monitoring of severe weather and
establishtheemergency response procedures at Coachman Park and City produced
events at The BayCare Sound.
2. Monitors:
2.1. City staff (Parks and Recreation, Clearwater Police Department, Clearwater Fire
&Rescue Department, Public Communications and any outside event organizers and
their staff) will continually monitor weather conditions using various resources:
2.1.1. NORA weather radio (162.400 MHZ) or KHB32, Tampa Internet radio
2.1.2. Local weather and radar applications
2.1.3. The Emergency Alert System
3. Assessment & Authorization:
V-14149
AN•,
1,2
ADMINISTRATIVE POLICY & PROCEDURE MANUAL
3.1. The presence of any of the following will trigger the decision-making process toassess
for the likelihood of dangerous conditions and the need for precautionary action:
3.1.2. Visible/auditory presence of thunder and/or lightning
3.1.3. Weather warning issued for the area.
3.1.4. Notification from the Emergency Alert System.
3.1.1.1. When lightning is detected between 7 and 15 miles away, the Emergency Alert
System will alert city staff and staff will consider protective actions.
3.1.1.2. When lightning is detected within 6 miles, the Emergency Alert System will
alert city staff who will then implement protective measures which may include delaying
or cancelling events at The BayCare Sound.
3.1.1.3. Alert message templates approved by the city's Public Communications
Department will be used if events are delayed or cancelled.
4. Evacuation Management:
4.1. The City's Emergency Management Team will coordinate tasks necessary to
interruptthe event and direct everyone to safety.
4.2. A safe shelter should be an enclosed public building with electricity and plumbing, but
a vehicle can be used as safe shelter if needed as a last resort.
5. Potential Evacuation Locations:
5.1. Venue restrooms
5.2. Under venue canopy
5.3. Personal vehicles
5.4. Public library (during normal operating hours)
5.5. Capitol Theatre (if open and available)
5.6. Local retail
Y4Tj4
N STRATIVE POLICY & PROCEDURE MANUAL
6. Re -Entry 1 Event Resumes:
6.1. The City's Staff (Parks and Recreation, Clearwater Police Department, Clearwater Fire
& Rescue Department, Public Communications and any outside event organizers and
their staff) will assess when re-entry is permissible for the event to resume. Public
messaging will be coordinated by a city representative.
Ruth Eckerd Hall Events at The BayCare Sound
1. Purpose and Scope:
1.1.To provide general information for the monitoring of severe weather and establish
theemergency response procedures at The BayCare Sound during Ruth Eckerd
Hallsponsored events.
2. Monitors:
2.1.The BayCare Sound will be subject to the Ruth Eckerd Hall's severe weather
policyduring events managed by Ruth Eckerd Hall.
2.2.The security manager and venue manager will coordinate with city staff.
Alldecisionmaking will fall under Ruth Eckerd Hall's contract with the city; Ruth Eckerd will
be responsible for managing its sponsored events.
2.3.The lightning detection portion of the Emergency Alert System will remain active
forRuth Eckerd Hall's use.
2.3.1. To provide unified messaging, Ruth Eckerd Hall will utilize its own means of
communicating safety messages, protective measures, delays, cancellations, or re-entry.
INISTRATIVE POLICY & PROCEDURE MANUAL
Weather Appendix:
1. A watch is issued when conditions are favorable for the development of severe
weather and/or tornadoes in and close to the watch area. A watch does not mean that
severe weather is actually occurring: only that conditions have created such a risk.
2. A warning is an alert issued by the National Weather Service to warn an area that a
tornado (or waterspout or severe thunderstorm) may be imminent. It can be issued after
either a tornado or a funnel cloud has already been spotted, or if there are radar indications
that a tornado may be possible. Warnings are also issued for the presence of severe
thunderstorms that could contain hail, high winds, or dangerous lightning.
Appendixes
Clearwater Fire & Rescue SDP 701P
Ruth Eckerd Hall Severe Weather at The BayCare Sound Policy
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PERMANENT FENCE
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This is not a survey
CITY OF CLEARWATER
DEPARTMENT OF PUBLIC WORKS -
ENGINEERING
DRAWN BY
Lee Cheek
CHECKED BY
Thomas Mahony _
Exhibit "F"
Imagine Clearwater
Event Venue - Fenced Area
OINO. NO.
Event Venue Fencing
SECT-TNMSP-ENG
DATE DRAWN
SHEET
1 OF 1
15 - 29 - 16
5/31/2024
Map ID
Map Name
Total Capacity
Pit Cap
Reserved Cap
Lawn Cap
G/A Cap
Lawn Bike Rike
Notes
la
Full Reserved
4258
0
4258
0
0
No
Covered/Pavilion seating only
lb
Full Reserved + Small Lawn
Up to 5,000
0
4258
Up to 1,000
0
No
Covered Reserved seats plus up 2,000 tickets sold on the lawn
lc
Full Reserved + Medium Lawn
Up to 7,000
0
4258
Up to 2,500
0
Yes- single
Covered Reserved seats plus between 2,000 and 4,700 tickets sold on lawn
id
Full Reserved + Large Lawn
Up to 9,000
0
4258
Up to 4,700
0
Yes
All reserved seats plus full lawn is open
2a
Reserved Only + Pit
4290
500
3790
0
0
No
Entirely under cover- need crash barricade
2b
Reserved + Pit + Small Lawn
Up to 5,000
500
3790
Up to 1,000
0
No
Lawn open but most seats are under the canopy
2c
Reserved + Pit + Medium Lawn
Up to 7,000
500
3790
Up to 2,500
0
Yes -Single
Lawn open but most seats are under the canopy
2d
Reserved + Pit + Large Lawn
Up to 9,000
500
3790
Up to 4,700
0
Yes
GA Pit, Reserved full seating template + full lawn with double egress lanes
3a
G/A Standing Medium
Up to 7,000
0
0
0
7,000
Yes
Standing room only under pavilion and lawn- single bike rack center lawn
3b
G/A Standing Large
Up to 9,000
0
0
0
9,000
Yes
Whole venue standing room only
4a
G/A- Seated Combo
Up to 5,000
0
0
0
Up to 5,000
No
Sections 201,202,203,204,205 10 ROWS remain (GA Seating). 8 ft emergency lanes in the lower bowl with bike rike behind the steps down into 100 sections
4b
G/A Seated Combo Medium
Up to 7,000
0
0
0
Up to 7,000
Yes
Sections 201,202,203,204,205 rows 10 ROWS remain (GA Seating). 8 ft emergency lanes in the lower bowl with bike rike behind the steps down into 100 sections
4c
G/A Seated Combo Large
Up to 9,000
0
0
0
Up to 9,000
Yes
Whole venue G/A with 1000 APPROX seats available fcfs Rows in 200s
Z
Q
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0
4t
H
H
0
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Total Reserved 4258
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Reserved wf 500 Pd. Medium lawn
Total Reserved 3790
Total Lawn. UP t07, SOO
Total Pit 500
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STAGE
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Reserved w/ SOO Pit • Large Lawn
Total R.Yerved 3790
Total Lawn. Up to 0,700
Total Pit 500
nck
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Total feats: 1137
Total GA: 44000
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Tot.tl Sett% 1137
Total GA U Io 7.000
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STAGE
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10 ft Iktartty Lanai..A
707;;;;;T,i
011 EE
GA
;
.-1000
D
GA LAWN
No Seating or Standing
on Eg al Stairs
,„t