HomeMy WebLinkAboutResolution No. 2011-017
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2011-O ~i -1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH CARSON AND BARNES
CIRCUS TO CONDUCT A CIRCUS ON THE SOUTHWEST
CORNER OF FIVE STAR COMPLEX MARCH 23-24, 2011;
PROVIDING AN EFFECTIVE DATE
WHEREAS, That the City Council of the City of The Colony, Texas, hereby
approves the use of city owned property to wit: Five Star Park for the location of a
temporary circus; and
WHEREAS, The Colony City Council has determined it to be in the best interest
of its citizens to enter into an Agreement with Carson and Barnes Circus for the purpose
of conducting a circus on March 23-24, 2011.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby
authorizes the city manager to execute an Agreement with Carson and Barnes Circus for
the purpose of conducting a circus.
Section 2. That the circus will be conducted March 23-24, 2011 on the
southwest corner of Five Star Complex.
Section 3. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 1st day of March, 2011.
Joe McCourry, Mayor
City of The Colony, Texas
A EtI- c Christie Wilson, TRMC, City Secretary
APPROVED AS TO FORM:
~i
Jeff Moor , City Attorney
General Office Booking Office
PO Box J. c/o Alfrieda Wilkins
Hugo, OIL 74743 1408 Simpson Ct.
Phone: 580/326-2233 Marina, CA 93933
Fax: 580/326-7466 Phone: 831-582-2300
Visit us at:ittp: vxIw.carsonbarnescircus.com
And \A'v,'%~,,.circusfundl-aiser.com
THIS Agreement is entered into this 2 Day of February, 2011 by and between Carson & Barnes
Circus hereinafter referred to as the Circus, and the City of The Colony, Texas hereinafter
referred to as the Host. Whereas the Host hereby contracts with the Circus, to host the
appearance of a BIG TOP CIRCUS, designed for family entertainment in the city of The Colony,
Texas on the show grounds known as 5 Star Complex with the physical address of 4100 Blair
Drive for performances scheduled on Wednesday & Thursday March 23 and 24, 2011.
(1) Circus agrees to furnish at no cost to Host:
Performers, music, animals, show manager, all other personnel, tents and seating, costumes,
props, music, sound, and lighting for the presentation of the Circus.
c A Certificate of Public Liability & Property Damage in the amount of One million dollars
naming additional insured, the Host and property owner.
• Services as judged advisable by Circus such as newspaper, radio and outdoor advertising.
s Special promotion and marketing support. Circus reserves the right to distribute
complimentary tickets to aid in obtaining publicity.
A direct mail distribution of BOGO coupons, including providing coupons to Host for
distribution.
t 150 posters for Host's use and comprehensive bill-posting in surrounding area.
(2) Host agrees to furnish at no cost to Circus:
Suitable show grounds (300 x 500 ft.) and additional space for parking. Said grounds to be
mowed, firm and level, clear of wires with an entrance for semi-tractor trailers. Underground
lines and cables must be marked.
F All licenses and permits as may be necessary for the performance of the Circus, and furnish
police and fire protection as required by local regulations.
c 1000 gallons of potable water for circus needs from a water hydrant per day.
F Trash receptacles for trash and animal refuse without lids, having a top opening at least 8 feet
wide with an aggregate total of 20 cubic yards. Circus personnel will pick up / bag trash.
6 Assistance with phone promotion. (Advance sale of bulk children's tickets to businesses.)
(3) IT IS MUTUALLY AGREED:
The Price of admission on show date, at the Box Office shall be as.follolvs:
CHILD (2-11) $10.00 ADULT (12 & over) at least $18.00.
The Circus will recommend a phone promoter to contact businesses, on behalf of the Host, and
offer bulk children's tickets for sale at a discounted $6. The promoter will bundle tickets into an
Mail completed documents to: Carson & Barnes Circus, c/o Alfrieda Wilkins, 1408 Simpson Ct., Marina, CA 93933
:lit i„: tLLC C;l'e+~. t._ , .1_i1E i~.i i 1~:f1 L ii i.1',-F. ul:~! Ci.lt~~ .i~?!i- _ .11~„ If.t~ .ce•_ L13,lLC-• ~i t.~.'_t~1ia, A:t4
split will be 25% to Host, 25% to phone promoter and 50% to circus. These tickets are often
donated back to Hest organization for use by worthy groups within the community.
• Host amerces to mount an advance ticket sales campaign in the form of a Super Saver
Ticket. Circus will provide host up to 250 Super Saver Ticket to be sold for $25.
• Each Family `T'icket will admit up to 2 Adults and up to 3 children (ages 2-11.) Host will
receive 201/1fs of each Super Saver Tickets sold in Advance, after settlement of taxes.
• No Super Saver Tickets will be sold on Circus Day.
Host agrees to sell an adult/child advance tickets. Circus will provide 1,000 tickets to be
sold at $10.00 which will admit one adult or one child. Host will receive 25% of these
tickets sold in advance, after settlement of taxes.
Settlement on advance child sales is to be made at the Circus office at 10:00 a_m. on Circus Day.
• Host will receive 10% of all box office sales, including seating upgrades after tax monies
are deducted. At the 10:00 a_m. settlement, starting ticket numbers will be provided.
Settlement to the Host will be made at approximately 8:30 p.m. at the Circus office.
• Host will be provided 150 posters. Advertising may be sold on these posters and Host may
retain the rcvenues. Circus will print advertisers on 50 posters (6 advertisers total) and ship
posters to Host for distribution.
• The Circus shall have the exclusive rights to the operation of all midway attractions, animal
rides, and concessions on show grounds and shall retain all revenue from same.
• The Circus shall have no liability to the Host in the event the Circus is prevented from
fulfillment of its obligations by reason of accident, riots, civil commotion, goN-emment order,
act of god, or any other cause beyond its control.
• The Circus shall have exclusive control of its performance.
• All ticket prices include all applicable state and local sales and amusement taxes. Settlement
of all ticket sales will be made after the applicable tax monies have been deducted from the
gross sales. All tax. monies will be turned over to the Circus for direct payment to revenue
agencies.
ABSOLUTELY NO VERBAL AGREEMENTS WILL BE RECOGNIZED, ALL CHANGES
MUST BE IN WRITING, AND WILL CONSTITUTE PART OF THIS AGREEMENT.
In ~vitnes whereof th parties hereto have caused this agreement to be made and executed:
CIRC C NTR I>\'G AGENT FOR THE HOST
ACCEPTED BY I IRCUS FOR THE HOST
Mail completed documents to: Carson & Bames Circus, e`o Alfrieda Wilkins, 1408 Simpson Ct., Marina. CA 93933
Circus Contact Information: General Offices, 580.326.2233, fax 580.326.7466, email:
Caj sol ha `i; iU Si (r,C);) ii
Host Contact Information: OFFICIAL NAME (to be used in advertising, etc)
Organization:
Address (Street, City, State, Zip)
MAIN CONTACT: Contact me at: Home Work Both (circle one)
Name:
k
Email:
T
Fed Ex or UPS Address:
(materials will be shipped here, please include complete street address, city, `state, zip lrxc?'
Day Telephone: ( r ext.
Home or Cell Telephone: O
SECONDARY CONTACT: Contact me at: Home Work Both (circle one)
Name:
Email: V1 "C1
v 1,
Work Telephone. ext.
Home or Cell Telephone: O
Mail completed documents to: Carson & Barnes Circus, c/o Alfrieda Wilkins, 1408 Simpson Ct., Marina, CA 93933