powered help
header-left header-center header-right
File #: 170217    Version:
Type: Resolution Status: Passed
File created: 5/9/2017 In control: COMMON COUNCIL
On agenda: Final action: 6/20/2017
Effective date:    
Title: Substitute resolution approving the First Amendment to the Parking Structure Management Agreement between the City of Milwaukee and Deer District, LLC.
Sponsors: ALD. MURPHY, ALD. BOHL
Indexes: AGREEMENTS, PARKING STRUCTURES
Attachments: 1. First Amendment to the Parking Management Agreement, 2. Hearing Notice List
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
6/28/20171 MAYOR SIGNED   Action details Meeting details Not available
6/20/20171 COMMON COUNCIL ADOPTEDPass13:0 Action details Meeting details Video Video
6/13/20171 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR ADOPTION

Minutes note: Individuals appearing: Mary Schanning, City Attorney Office Ald. Michael Murphy, 10th Aldermanic District
Pass5:0 Action details Meeting details Video Video
6/8/20171 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
6/8/20171 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
6/8/20171 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
6/8/20171 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
6/8/20171 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
6/8/20171 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
6/8/20171 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
6/8/20171 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
5/9/20170 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

170217

Version

SUBSTITUTE 1

Reference

150383, 150384

Sponsor

ALD. MURPHY AND BOHL

Title

Substitute resolution approving the First Amendment to the Parking Structure Management Agreement between the City of Milwaukee and Deer District, LLC.

Analysis

This resolution approves the First Amendment to the Parking Structure Management Agreement for the Bucks Arena. The Amendment changes the original Agreement as follows:

1.                     Section I.H. is amended to delete from the definition of “Gross Revenues” revenue from naming rights or sponsorship opportunities; delete “sponsorship fees” from the exclusion; and add to the exclusion any revenues excluded from “Gross Revenues” pursuant to section V.C.

2.                     Section III.C. is amended to add that a memorandum of both the original Agreement and the First Amendment to the Agreement shall be recorded at the Milwaukee County Register of Deeds Office.

3.                     Section V.C. is amended to add clarification to net revenue being received for naming rights or sponsorship opportunities by including the example that all naming rights or sponsorship revenues minus costs reasonably incurred by the Manager in securing and fulfilling obligations with respect to the agreement. Additionally, related costs reasonably incurred by Manager in securing and fulfilling obligations with respect to naming rights or sponsorship opportunities shall no longer be considered expenses. Finally, the Manager shall now donate 50% of all net revenue from naming rights or sponsorship opportunities to MKE Plays.

 

Body

Whereas, Tax Incremental District No. 84 was created on September 22, 2015 by Common Council File Number 150383 for the development of the Bucks Arena; and

 

Whereas, Amendment No. 4 to the Project Plan and a Development Agreement authorizing expenditures for Tax Incremental District No. 22 (Beerline “B) was passed on September 22, 2015 by Common Council File Number 150384 for the purpose of contributing toward a new parking structure for the Bucks Arena; and 

 

Whereas, A Parking Structure Management Agreement was made and entered into between the City of Milwaukee and Deer District LLC on May 16, 2016; and

 

Whereas, A First Amendment to the Parking Structure Management Agreement has been created to amend the original Management Agreement, revising Sections I.H., III.C., and V.C. of the original Management Agreement; and

 

Whereas, Section I.H. is amended to delete from the definition of “Gross Revenues” revenue from naming rights or sponsorship opportunities; delete “sponsorship fees” from the exclusion; and add to the exclusion any revenues excluded from “Gross Revenues” pursuant to section V.C.; and

 

Whereas, Section III.C. is amended to add that a memorandum of both the original Agreement and the First Amendment to the Agreement shall be recorded at the Milwaukee County Register of Deeds Office; and

 

Whereas, Section V.C. is amended to add clarification to net revenue being received for naming rights or sponsorship opportunities by including the example that all naming rights or sponsorship revenues minus costs reasonably incurred by the Manager in securing and fulfilling obligations with respect to the agreement; and

 

Whereas, Section V.C. is additionally amended so that related costs reasonably incurred by Manager in securing and fulfilling obligations with respect to naming rights or sponsorship opportunities shall no longer be considered expenses; and

 

Whereas, Section V.C. is further amended to require the Manager to donate 50% of all net revenue from naming rights or sponsorship opportunities to MKE Plays; now, therefore, be it

 

Resolved, By the Common Council of the City of Milwaukee, that the First Amendment to the Parking Structure Management Agreement between the City of Milwaukee and Deer District, LLC is approved.

 

Requestor

 

Drafter

LRB168794-1

Tea Norfolk

6/7/2017