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Home My WebLink About031-94 Ordinance RECORD OF ORDINANCES . Dayton Legal Blank Co. Form No, 30043 ,---- I , 31-94 Passed _ _,m_m mmm__ mmmmmm19___ Ordmance NO.___m_u__ m__m_u AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN INDUCEMENT AGREEMENT WI'rB THE COLUMBUS F.C. XOGGZ PROFESSIONAL SOCCER TEAM TO ,.... PROVIDE FOR A DUBLIN BASED FRANCHISE. t \- WHEREAS, the City of Dublin recognizes the potential contributions that professional soccer holds for the Central- Ohio community; and, WHEREAS, the XOGGZ is considering several Central-Ohio locations for its franchise operations; and, I WHEREAS, the City of Dublin is willing to offer assistance to I encourage the location of this franchise within Dublin due to the increased recreational opportunities and the other positive economic benefits which will be forthcoming. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,. State of Ohio, 7 of the elected members concurr1.ng: Section 1. That the City of Dublin, in order to encourage the XOGGZ to locate its franchise within Dublin desires to enter into an agreement which enumerates the various ways in which the City can assist in their future franchise operations. Section 2. That a copy of the agreement is hereto attached as Exhibit "A". Section 3. That the City Manager is hereby authorized and directed to execute said agreement. ,...... Section 4. That this Ordinance be, and the same hereby is, ~. declared to be an emergency measure due primarily to the I approaching home opening date of April 23, 1994 and is '-' therefore necessary for the public health, safety and welfare, and therefore, shall take effect anq be in force immediately upon its passage. , Passed this day of ~ , 1994. I Mayor I ATTEST ~ ~ ~ Clerk of Council Sponsor: City Manager II I r I ! ....... (erHy that I' 0 d' ';I I::lfon '''ere pO'l.vl in th, f,r. ~:,',lS r !nor!cel h\";'~'J : 'If .l' ';"~l I. .1" ( '-"~ 0; ~- IJ;jj: S:;ction 731.25 of the G~io Rev;sed Ceda. ~ C2--~ I I - _.-._'~--,._-~-~~ ~''''-'~- , . "EXHIBIT A" ,"- AGREEMENT OF INTENT BETWEEN CITY OF DUBLIN AND COLUMBUS F.C. XOGGZ ,~ '.........~_.__~_.m~___ TI l If . AGREEMENT OF INTENT This Agreement of Intent is entered into on , 1994 between the Ci ty of Dublin (the "City" ) and Columbus F.C. XOGGZ (the "XOGGZ") for the purpose of inducing the XOGGZ to base its professional outdoor soccer team operations within Dublin for p?' its initial season and for at least four (4) years thereafter. " I. BACKGROUND The XOGGZ have been granted an exclusive franchise for the Central-Ohio area from the United state Interregional Soccer League. This league either has or will soon have teams in most major markets in the country. The XOGGZ and their individual team members hope to contribute to the quality of life in Dublin and all of Central-Ohio by their commitment to produce a "family-type" spectator sporting activity, and to support community charitable activities and projects. From a business view, they hope to achieve success similar to the Columbus Chill in regard to marketing and public support and acceptance. They presently are a sole proprietorship with three investors. Their franchise fee to the U.S.S.I.L. has been fully paid. In the future, the XOGGZ plans to incorporate and may become a sub-chapter S entity. It is the philosophy of the XOGGZ to continue to seek investors in the range of, $2,000 and up who are committed to producing a quality athletic experience. It is recognized and understood by the city that the XOGGZ, in addition to the Dublin site, have reviewed and evaluated other locations in determining the most beneficial location for locating their 1 wrnW'>i ~. " I , , . . athletic franchise operations. To assist in the decision making process, the city desires to enumerate specific cooperative efforts which will be undertaken in the event the XOGGZ chooses to locate in Dublin rather than the other sites being evaluated. This effort is being made in recognition that the location of the franchise as well as the location of the home soccer events will create additional jobs and also result in added tourism which will provide economic benefits to the City in terms of both income and hotel/motel tax revenues, and thus further add to the quality of this community. Accordingly, the City and the XOGGZ wish to set forth certain matters as to which agreement has been reached and to indicate their intent and agreement in principle with regard to other matters. Both the City and the XOGGZ recognize that this Agreement may be replaced or supplemented in the future by more detailed agreements. However, the parties do intend that this Agreement shall set forth those intentions, principles and details as to which agreements have been reached at this time. II. AGREEMENT OF INTENT The parties, predicated on the previous recitation, agree as follows: 1. Field. As requested by the XOGGZ, the City, starting with play on April 23, 1994 and for years 1995, 1996, 1997 and 1998 will provide an international size playing field of high quality. Initially this will be accomplished by the City 2 ".""~'~'.'~-'~~'~~~'-'~~-'--'~'''-='~'''''' .~.=."" --- , . . . . negotiating with the current property owner for permission to use the former Dublin High School varsity field. In the future, should this location become unavailable, the city will be responsible for securing another location mutually agreeable to the parties. The initial effort and expense of preparing this field ~~~*' for the April 23, 1994 home opening soccer match will be a shared responsibility between the parties, the Dublin Schools and the XOGGZ corporate sponsors. 2. Seatincr. As requested by the XOGGZ, the city will be responsible for renting a maximum of 4,000 bleacher-type seats for each home game. For the initial games, by mutual agreement of the parties, less than the maximum number of seats may be provided. In the event that it becomes obvious to the parties, based on such factors as previous attendance and advance ticket sales, that additional seating is required, the City will make every good faith effort to provide additional seating. These efforts would include such ;#{l;',~, activities as moving other City or School owned bleachers to the field location. The cost of the seating to be provided by the City shall not exceed $31,600; such costs to be provided by an expenditure from Dublin's hotel/motel tax fund. In subsequent years, the City and the XOGGZ will meet on an annual basis to mutually review the need for additional seating. These discussions will begin after the conclusion of 3 phc ~--._"".__. .--. -<"-~-'---;.""""""""" ~-,,'--"-' , jj 11' each season; no later than September of each year, with a goal of reaching a mutually-agreeable seating plan by October 31st of each year. These discussions can include the possibility of renting additional seating and/or the construction of permanent facilities and the appropriate cost-sharing arrangements. 3. Related Items. The City will also provide from assets already owned or which will be purchased or rented the following: - temporary toilet facilities - portable electric generator - portable public address system - trash boxes and pick-up/disposal service - temporary field fencing and gate for field access road It is anticipated that additional portable toilet facilities will need to be rented at a cost of approximately $5,000; such cost to be charged to Dublin's hotel/motel tax fund. All other listed items are either already owned by City or are within currently budgeted resources of the City. 4. Other. The City will provide such police and traffic control services as may be mutually agreed to by the parties. The City also agrees to design, post, remove and store a maximum of four (4) "sandwich board" type signs at key intersections: within the city no more than five (5) days in advance of each home game. Also, each home game will be considered as a special event on city-controlled property and thus exempt from Dublin's sign ordinance. Therefore, such additional signage 4 -~ l'Jl . . as may be mutually agreed upon shall be permitted. 5. Coordination. The City agrees to assign the City Manager to work closely with the XOGGZ as a liaison between the city and the XOGGZ, and to serve as a coordinator with other agencies and governments. Specially, in this regard, the City will assist the XOGGZ in obtaining agreements as follows: Dublin citv Schools: field maintenance, parking, practice fields, shower facilities, and concession assistance. Washinqton Township: provision of emergency medical personnel and equipment, permits for tents and other equipment. city of Dublin: permits for bleachers, tents, etc. Dublin Visitors & Convention Bureau: provision of motels at discounted rates for teams and restaurant sponsors. Dublin Chamber of Commerce: provision for ticket sale outlets, business community support and involvement and possible business sponsorship opportunities. III. INTENTION OF COMPANY It is the XOGGZ's intention to review the City proposal with full consideration given to the inducements herein enumerated and in recognition of the other benef its available to the XOGGZ by locating its franchise in the Dublin community. LOCATION. In the event that the City'S proposal is accepted then it is the XOGGZ's intention to play its home games in the City of Dublin and to maintain a Dublin headquarters for at least its 5 .$~''fi,~_~ .~ '"~"'~ """".... . .. , . initial five (5) seasons. Also, it is the intention of the XOGGZ to locate any related women's team within the city as well as playing all home games within Dublin. The XOGGZ also agrees that as long as space is available all visiting teams will be housed in a hotel/motel located within the jI/III>., corporate limits of the City of Dublin. ~ BOARD OF DIRECTORS. The XOGGZ further agrees that at such time as a Board of Directors is appointed, the city shall be allocated two board positions to be filled by a vote of Dublin city Council. SHARED REVENUES. The XOGGZ agrees, beginning in the 1995 season, to share a percentage of the net gate proceeds after commissions, if any, with the city. The agreed upon formula is as follows: 1995/5%; 1996/6%; 1997/7% and 1998/8%. FIELD OPERATIONS. The parties recognize that field operations such as . Concessions (including beer and wine sales), sales of . souvenirs/novelties; sales of programs; parking fees (shared with provider), other items normally related to professional sports will ensure to the benefit of the XOGGZ. HOTEL/MOTEL TAX FUND: The parties recognize that a formal hotel;/motel tax fund grant application has not been required as a condition of receiving the city's support for this activity. However, the XOGGZ agreed to provide at a minimum, the same financial reports and attendance figures as would be required of any hotel/motel fund grantee. It is agreed that this information will be provided to the City Manager upon his request. 6 _,"_~~~"._.,~__"_.__,_.._._..., __"'_~'~"~""=M~ ...., < ~ . The XOGGZ intends to be bound by all terms and conditions as contemplated by this Agreement and as set forth hereinabove, provided the conditions agreed to by the city in this Agreement have been undertaken in a timely manner. IV. ARBITRATION P", In that parties do sometimes disagree, it is proposed that all disputes be resolved, if they become irreconcilable, by professional dialogue that by binding expedited arbitrators utilized pursuant to the American Arbitrators Association utilizing a columbus area arbitrator, (to be mutually selected ahead of time), requiring the arbitrator to decide immediately, fully and the parties being bound accordingly by the decision. V. EXPEDITIOUS ACTION The city and the XOGGZ recognize that this is a matter of highest priority, and therefore both parties will use their best efforts to proceed as expeditiously as possible in carrying out their responsibilities hereunder. VI. AUTHORIZATION ~. This Agreement shall become effective when fully executed by both parties. The City Manager will sign on behalf of the City following the adoption of an ordinance by Dublin City Council authorizing such action. CITY OF DUBLIN COLUMBUS F.C. XOGGZ By Timothy c. Hansley By city Manager 7 ~"