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RES 2009-0635 - License to TD Ameritrade Holding Corp for naming rights to new downtown stadium s OMAHA,�,4 `, °sPOOk, � RECEIVED Law Department Omaha/Douglas Civic Center zu�!�C'�'t ^ PM 1819 Farnam Street,Suite 804 o�•.-- a4:147F EBRASKA Omaha,Nebraska 68183-0804 �A ro v 1 $ tir I':(`� (402)444-5115 o+�TED FEBR�r�� Telefax(402)444-5125 City of Omaha Paul D.Kratz Jim Suttle,Mayor City Attorney Honorable President and Members of the City Council, The attached Resolution is to approve the License Agreement between Metropolitan Entertainment 1 &Convention Authority(MECA)and TD Ameritrade Holding Corporation for naming rights to the new downtown baseball stadium. The agreement among the City of Omaha,MECA,and the College World Series, Inc., dated June 10, 2008, provided that the City assigned its rights to MECA to market and license the naming rights for the new downtown stadium. The annual payments are consistent with the budget proposed for the new stadium. Your favorable consideration is requested. Respectfully submitted, Referred to City Council for Consideration: Steven N. Jen en, CP,LA Date Mayor's Office ate Planning Director Approved as to Funding: Approved: )101 ____9;____ '("r(c ---' C in Lccl II Carol A. Ebdon Date Steve Scarpello, cting Director Date Finance Director Parks, Recreation and Public Property P\LAW-CITY COUNCIL DOCUMENTS\2009\30080d1m 4 FURTHER THAT,the Finance Director is authorized to provide payment of$47,580 from the Omaha After School/Out-of-School Program Grant #2006-JL-FX-K073, Fund 12149, Organization 130743 in accordance with the contract terms. APPROVED AS TO FORM: °fle77:e•f/?7—ft) /lir 07.44744_411 .------ �' Y CITY ATTORNEY AT, P. YR\1015ajg By.. Councilmember Adopted JUN 1 6 20,l9 `7 -0 .e0;; ' 411,3.14 City Clerk/ � Approved ,��%o�!b (p d�(/ Mayor at-risk specialists. 6 s Theater is an interpretive oral reading activity in which students use their voices, facial expressions and hand gestures to interpret characters in scripts or stories. Students (in the previously described playwriting component) will adapt short, loose adaptations of scenes from their favorite movies and act them in two-character scenes from a written script. That this activity contains the word "readers" indicates its strong focus on the text. Text is the most important concept in Reader's Theatre. E. HIP HOP AND CREATIVE MOVEMENT: Building on what the middle school students have experienced with PLAYWRITING and with MUSICAL THEATER, students will write creative and innovative Hip Hop monologues and combine this type of writing to music and movement. Once again the performances will be video-recorded for YouTube. F. CITY STORYTELLING: In continuing these Urban Performance: Mind/Space components, we turn next to the ancient art of storytelling, which is especially well-suited for middle school student exploration. As a folk art in an urban backdrop, storytelling is accessible to all ages and abilities. No special equipment beyond the imagination and the power of listening and speaking is needed to create artistic images— thereby building off the previous components. As a learning tool, storytelling can encourage students to explore their unique expressiveness and can heighten a middle school student's ability to communicate thoughts and feelings in an articulate, lucid manner. These benefits transcend the art experience to support the daily life skills of a middle school student. In our fast-paced, media-driven world, storytelling can be a 5 LEASE PRINT LEGIBLY OR TYPE) Payment Terms: See Below Firm: Fireblast 451,Inc. I Incorporated In: 1997 Delivery(or completion) Name: Jessica Kuehl 1 Signature: ' i0A1, —i4 r �� Q 180 calendar days following award Title: Exec.Sales&Marketing f Phone: (951)277-8319 IFax:(951)279-1705 • Address: 4131 Tigris Way Street/P.O.Box City Riverside State CA Zip 92337 E-mail Address: jkuehl@flreblast451.com 'Miles Tax not Included 'PAYMENT SCHEDULE: 30%of total sates price due upon issuing purchase order 60%of total sales price due upon notification of delivery 10%of total sales price due upon Operational Instruction EXHIBIT A • Summary of Major Naming Rights Terms Stadium Name— "TD Ameritrade Park Omaha" Term—20 years Total Payments - $20,152,782 - Starting at $750,000 in Year 1, escalates at 3%per year to $1,315,130 in 20th Year -These Naming Rights payments, when aggregated with other expected Stadium naming and similar license revenue, is in accord with assumptions and projections made in the original Stadium agreements in May, 2008. Signage Inclusions—Scoreboard, Exterior Stadium Signage, Marquee, 2 Interior Signs Other Branding—customary logos,branding and other designations of the Stadium Name in/around the Stadium Seating Inclusions— 1 Suite, 40 Club Seats and 100 General Admission Passes NCAA Approval—Yes W:1Quotes&Bids\Bid Process\Bellcvue,NE\Betlevue-Complete Bid 5.14.09.doc C-25A CITY OF OMAHA ri LEGISLATIVE CHAMBER Omaha,Nebraska F RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, pursuant to Section 10.1 of the Lease Agreement between the City of Omaha, Metropolitan Entertainment & Convention Authority (MECA), and the College World Series of Omaha, Inc., dated June 10, 2008, the City of Omaha designated MECA to manage the process of marketing and licensing the naming rights for the new baseball stadium; and, WHEREAS, MECA has reached an agreement with TD Ameritrade Holding Corporation to name the new stadium"TD Ameritrade Park Omaha"and with principal terms as set forth on the attached Exhibit A. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the City of Omaha hereby approves the license to TD Ameritrade Holding Corporation for the naming rights to the new downtown stadium on the principal terms set forth on the attached Exhibit A. FURTHER,THAT,the City of Omaha hereby expresses its deep appreciation to the employees and management of TD Ameritrade for their commitment to Omaha and to support this new and important community asset. 1"'0• r ' S O 0 : 410.•! / 6/V0 7 CITY A ORNEY PILAW-CITY COUNCIL DOCUMENTS\2009\30081 dlm 7 \ By.. cilmember Adopted...JUN 1...6..20.0Q...... 7-_ - 0 ,s4 -,' . .,. _ .- City Clerk iy Approved 4:7C1.4° Mayor #000914ei 4 FURTHER THAT,the Finance Director is authorized to provide payment of$47,580 from the Omaha After School/Out-of-School Program Grant #2006-JL-FX-K073, Fund 12149, Organization 130743 in accordance with the contract terms. APPROVED AS TO FORM: °fle77:e•f/?7—ft) /lir 07.44744_411 .------ �' Y CITY ATTORNEY AT, P. YR\1015ajg By.. Councilmember Adopted JUN 1 6 20,l9 `7 -0 .e0;; ' 411,3.14 City Clerk/ � Approved ,��%o�!b (p d�(/ Mayor at-risk specialists. 6 s Theater is an interpretive oral reading activity in which students use their voices, facial expressions and hand gestures to interpret characters in scripts or stories. Students (in the previously described playwriting component) will adapt short, loose adaptations of scenes from their favorite movies and act them in two-character scenes from a written script. That this activity contains the word "readers" indicates its strong focus on the text. Text is the most important concept in Reader's Theatre. E. HIP HOP AND CREATIVE MOVEMENT: Building on what the middle school students have experienced with PLAYWRITING and with MUSICAL THEATER, students will write creative and innovative Hip Hop monologues and combine this type of writing to music and movement. Once again the performances will be video-recorded for YouTube. F. CITY STORYTELLING: In continuing these Urban Performance: Mind/Space components, we turn next to the ancient art of storytelling, which is especially well-suited for middle school student exploration. As a folk art in an urban backdrop, storytelling is accessible to all ages and abilities. No special equipment beyond the imagination and the power of listening and speaking is needed to create artistic images— thereby building off the previous components. As a learning tool, storytelling can encourage students to explore their unique expressiveness and can heighten a middle school student's ability to communicate thoughts and feelings in an articulate, lucid manner. These benefits transcend the art experience to support the daily life skills of a middle school student. In our fast-paced, media-driven world, storytelling can be a 5 LEASE PRINT LEGIBLY OR TYPE) Payment Terms: See Below Firm: Fireblast 451,Inc. I Incorporated In: 1997 Delivery(or completion) Name: Jessica Kuehl 1 Signature: ' i0A1, —i4 r �� Q 180 calendar days following award Title: Exec.Sales&Marketing f Phone: (951)277-8319 IFax:(951)279-1705 • Address: 4131 Tigris Way Street/P.O.Box City Riverside State CA Zip 92337 E-mail Address: jkuehl@flreblast451.com 'Miles Tax not Included 'PAYMENT SCHEDULE: 30%of total sates price due upon issuing purchase order 60%of total sales price due upon notification of delivery 10%of total sales price due upon Operational Instruction O = n•`C CD (�D O ` A, 9 ram, b n n O O O ¢ n ` 6Q vO d O• Q '�T Q "V CD C = n0 1 • -• 5 a. O O Ii5 H AD .-, CD CDa✓'73 ba .-R 2," cA ;74- n cr z acl , =. k.—.)) \ 06 ---,A i '<r) , .z • •. 0. r,,, t< ›. 12 It (4) 4. ° y y 5xb �? _� CCD N = H•cn N v, N c • 'F ots' ca.. r' cra c. 1 . • • uotes&Bids\Bid Process\Bellcvue,NE\Betlevue-Complete Bid 5.14.09.doc