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Travis County Commissioners Court

September 28, 2004
Item 22

View captioned video.

It is a few minutes after 11:00. We indicated we would call up number 22 at 11:00. 22 is consider and 25 appropriate action on modification number 5 to option to license with capital hockey ventures for hockey games at the Travis County exposition center.
>> alicia perez. Here with me at the table is jeff buck, who is the president of hockey -- capital hockey ventures. And roger corey, the director of facilities management and also have purview over the exposition center. What you have before you is amendment number 5 to the ice bats' contract. And this particular proposal covers several items. And what we wanted to do today is present these to the court, get your reading or approval, and then have the county attorney's office actually draft the amendment number 5. So these are discussion points and then the amendment will come to you for approval at a later date. Number 1 is an increase in the rental fee for the ice bats, and that's a 10% increase to minimum and maximum and a 5% increase to if percentage rate. This year is the first year of their second option. And that option has two one-year extensions to it. So for the '04-'05 we are proposing an increase of 10% to the minimum and a 10% to the maximum. The same thing for '05-'06 season. Their season starts in October, goes through March or April if indeed they have playoff games. Number 2 -- is there any question?
>> I知 waiting.
>> also joining us, I want to point out, is scott Davis, and he is the director of the expo center. Number 2 is the ice bats will give the county title to the -- to 900 chairs pending receipt of an inventory or bill of sale from them, with the understanding that there will be no cost to the use of the chairs. This also very explicitly states that the acceptance of the chair will impose no obligation on the county to maintain or replace the chairs. They will be kept and stored by the ice bats, but we will be able to use them in any event where it's appropriate. Number 3, the bats will release Travis County from any obligation pertaining to any pouring rights. We used a particular soft drink there, but really it's any pouring right agreement. And no. 4, the bats will waive any rights whether real or perceived with respect to a sign from a beer company that has been at the arena for the past three years in lieu of revenue for the mens league and signage fee for the 2003 and 4 season. And the value of that beer sign that is inside the arena is $20,000. And consideration for that, what the bats would owe the county for signage fees and mens league is $18,500. Number 5, beginning in the county's fiscal year '05, Travis County will split annual fee from another beer company sign that is inside the arena only. We have also looked at the mens league play. And we are proposing a change to that. Right now it's $75 an hour, but the contract does not address whether there is hvac or not. Give ten time the contract was drafted, we did not have hvac. What we have done in this particular proposal is to change the amount that is being paid per hour for mens league to $100 per hour if the hvac is on, $50 if it is not, to provide some incentives to the ice bats on the mens league play not to use the hvac. It does have a minimum, both of these. When the hvac is turned on, the minimum fee for mens league play is $300, and the maximum is 1200. Minimum cost if the hvac is not turned on is 200 with a maximum of $600. The ice bats will be allowed to have home Gomez up until the move-in date of the star of Texas rodeo. We are also asking the court to consider a non-exclusive agent to sell advertising inside the arena and have the ice bats be that non-exclusive agent. Right now the contract provides them with exclusive agent or rights to sell signs during their season inside the arena. This is non-exclusive. Which allows us to bring in promoters on a date that the ice bats are not playing and the promoters then can sell signage inside the arena. And inside the arena fee for signage sold by the ice bats during the remainder of the year, and that's not during the ice bat games, the county will receive 85% of the revenue and the ice bats a 15% commission. And they do have a sales force that is ready and able to sell signs for inside. And outside --
>> in the current contract regarding the selling of advertise stph-g.
>> it has a clause that gives them exclusive rights to sell signs inside the arena. Number 8 is non-exclusive agent to sell advertising outside the arena. And on this they will be able to sell signs outside the arena. The county will receive 80% commission and the ice bats will receive 20% commission. We would ask in both 7 and 8 to allow the director of the exposition center to execute the ability to appoint the ice bats as the agents to sell the advertising. On the founders club, the ice bats would like to bring about some improvements and bring in new chairs and tables, neon lights, banners, bar stools, tables. All such items must comply with tabc rules of course. Must be pre-approved by the county and will be supplied at the ice bats' expense. They will be responsible for paying for all the furniture. The furniture will be able to be used by the county on off season and, again, the ice bats will be responsible for removing or storing them if we need them to do so. That concludes the amendments that would be part of option number -- amendment number 5 to the option to license.
>> how do you pronounce your last name?
>> buck.
>> buck?
>> yeah. Any additional comments? Then we'll go to the court.
>> no, I think the only comment I can make is the first year we had some bumps in the roads, whether, you know perceived real, and I think in the long run that the short-term problems we may have had last year I think were really at least in my mind has really strengthened our relationship from a point of partnership to -- none of us want to even approach what happened last year and because of it there appears to be or there is a spirit of cooperation that we really want to work together to not just make -- or hope for the ice bats to make additional moneys but also to use our staff to hopefully sell additional signage throughout the facility which can help increase the revenue for the county as well.
>> do you feel -- I知 sorry, Commissioner Sonleitner.
>> go ahead. Go ahead first.
>> okay. I guess I知 kind of just want to make sure that we are on the same page and I see what we're trying to do here as far as you continuing to use the expo center for your hockey games. However, I知 still kind of concerned about your tenure of staying out there because it had been rumored that maybe you would be leaving us, looking for greener grass on the other side of the hill. And if that's the case, is anything substantial to that rumor that you will be vacating us here in the near future?
>> the -- you know, the rumors of another city perhaps building a new arena or some private entities, you know, is there anything to the rumors. I mean there's certainly something to the rumor. Whether it will happen or not, I have absolutely no idea. You all have lived through this two years ago, I believe, and nothing came of it. And whereas if I sat here in July or in June I would have thought the likelihood of us not playing there after our lease expires in two years I would have thought was probably fairly high. At this point I知 not as confident of that based on some of the changes that have happened in other municipalities and things like that. I think there's no question we will be here for the remainder of our lease, and barring anything changing, you know, we would like to extend that even further. Again she as I said, two or three months ago I would have thought based on what I was told yes, we would be vacating at the end. But right now I don't know.
>> okay.
>> let me ask about -- kind of where I was going, Commissioner. And let me say up front, I have been a season ticket holder from the ice bats since day one. I知 on the blue line and they are very popular auction items. I get confused because I am reading things in the Austin business journal, I am hearing things on the radio. In fact, I heard something on the radio with your voice, not a reporter's voice, but your voice three or four weeks ago saying that you look forward to going to Cedar Park, but if Cedar Park doesn't work out, that you are confident that you will have a new arena and you are talking to others to make that happen. And that doesn't sound to me like you are here with Travis County and that you've discussed anything -- you are not discussing a new arena with us, so you have to be discussing it with other municipalities or private interests. So I get very confused when I hear in court we're partners, we've had a great relationship, and then I hear your voice on the radio saying we look forward to being anywhere else and not even acknowledging the relationship that has been here in terms of the county opening its arms to the ice bats and giving you this organization a home when others were not willing to make that same kind of an agreement. So I知 confused. Because it was your voice that I heard on the radio.
>> that's right, no, and I知 equally confused. But I will say there are two potentials, and again, I can't -- when I speak to the potentials, just because I want it to be, I don't have the money to pay for it, but I will say this. We know the Cedar Park thing has been out in the papers many times. Where that will end up, I have no idea. We know the mayor who was behind it is no longer there. The mayor pro tem who was our second biggest supporter is also no longer there. So you go from there. The other site, which is a private piece of land, is 100% in Travis County. Now, we haven't come to anyone asking for any financial assistance, anything along those lines, but if this facility -- and again, it's private money. At the end of the day, somebody has to be willing to put in a large sum somewhere north of $20 million. The land is already owned by somebody, and again, it's in Travis County. The piece of land that we're talking about. So I guess there's two points here. If that deal happens to happen -- and again, if you ask me what are the probabilities of that, I have no idea. I mean again, if somebody says to you that we think we're going to have a investor willing to put in this amount of money to build on this piece of land, that sounds nice, that sounds great, but there's a lot of steps before it gets to the next level. And, you know, as much as I may want to believe it and I知 confident it may or may not happen, I知 also a realist, and to me when people agree on a deal and the funding is supposedly there, that's when it gets to 75%. But when we talk about the partnership with Travis County, there's no question in my mind that this partnership is absolutely, for the next two years without a doubt. That's all we have left on our lease. Would we like it to continue afterwards? You know, absolutely. Not only from my standpoint, even if we left the facility and went somewhere else, we still have a professional sales staff that we would love to be able to sell in the building. And that's a big if, if we leave. But neither here nor there. This probably didn't help you become any less confused. I just -- I don't have an answer because I don't know. I mean I just do know what's happened in the past and at the end we're still together.
>> well, and it's also one of those things that if it is something that is in the unincorporated part of a city or in somebody's e.t.j., There are going to be development issues. And I know I知 going through this right now in tphrao fl of something that may or may not be in our jurisdiction, right now it is, related to a race track. And certainly there are huge issues that you would certainly want to have conversations with transportation and natural resources about what that kind of facility generates in terms of traffic, impervious cover, and all sorts of issues that all of a sudden when you have a facility that's already there and it's accepted in the community and the impervious cover, of which there's lots, on 100-acre piece of property that's park land, that's a very minor thing compared to putting all that impervious cover and traffic and all sorts of issues. And that's the kind of thing that if some other community were considering it, i'd certainly want to have conversations with that person of be careful what you ask for and we would be happy to share the experience of owning one of these lovely facilities of well, you are one of our clients, we're still not making money off the expo center, as we all know. It can be expensive to have these kind of things and we would certainly love to share our experience and how much money has to be going into these things. So I guess that leads into my question really for john hilly, what does the contract say or not say related to anybody, whether it be the ice bats or the rodeo in terms of exercising an option? Does that lock them in, that whether they are there or not for the entire -- do they have to take or pay for the entire event season? Because there are a lot of events that lock in dates long out, and if all of a sudden the bats came in with, you know, manna from heaven, somebody built us a facility overnight, we would be stuck with a facility that had been leased, we told everybody else, no, it's not available, and then somebody dumps out. Even if our own leases we've got for office space, we have things listed if there that says you cannot bail on this lease just because you find something cheap. And you have to be fair to your landlord in terms of giving them notice. And they get to recover costs like amortization that didn't quite get paid out over the length of the intended lease.
>> the difficulty in answering your question is that there are a variety of different players in the whole expo center realm of universe. And different kinds of relationship. If you recall, the city of Austin has first pick. They get to pick 10 days and in a year that's coming up. Then the next in pecking or the would be the rodeo. They get to pick their use days, which is a actual sublease. And so that is really a locking in of a time period that we can't lease out or license out the facility for other folks. And then the ice bats get their pick of certain days in the future after that. But they get an option to license. Whether they exercise all those options and they fill in the actual license agreements, that's what we're kind of waiting for. I think you are kind of intimating that would be nice to have it hrobgtd down and we're going to make sure we're going to get that money. They place that on depoeutsz whenever they sign them. That's whenever finally scott and roger and their folks get to start leasing out all those other available dates. So it is -- once you get past all those dates, it's hard to market a facility whenever you have those locked up.
>> we have a lot of discussion every year how is the expo center doing, what is the certified revenue. If we know you are going to be here all season, the auditor's office can say we're based on the rate, this is what we can certify. If you all are to fail mid-season and say guess what, January, we're going to move it over to chap rel ice and deal wit. What are we supposed to do? I知 just trying to get a sense of -- I appreciate your comments and I want to continue this partnership, but at some point we almost need a pre-tphufplt p because people need to be able to count on each other in this marriage.
>> from a point of practicality, even if somebody came to us today and said we want to build you a new building, it is just -- i'll say impossible. I知 not in the building business, but I just -- I don't see any possible way that this facility could be operational operational before the end of two years. It's not two years, it's 16, 17 months is really what we have left on the lease. It's two seasons, but it's 16, 17 months. Even if it's 18 months. And there isn't anybody who is going to come to me today and say we're going to start building a building. So from a practical standpoint, you know, we have to play, and we want to play in the expo center so we're not going to leave. You know, you might want to kick me out, but it's -- what skropb said is right. We have the option to lease, but if we don't, in the following year we either have to make up that money or we're gone. But from our standpoint, from everybody's standpoint, there's no -- I mean I say whatever adjective you want to use, we're going to be there. It's just not possible for us not to be.
>> i've said all I want to say, but can you please understand the sensitivity that when we hear and read things that make it look like you are pursuing other options and there are not conversations back to us saying we're having these other conversations, it doesn't look good.
>> yeah.
>> and it just creates uncertainty and it's like what, we can't pick up a telephone? I have to read about this in the business journal, hear about it on klbj?
>> and I agree what you are saying and I do -- I am sorry for that. I think, again, part of my original statement if we could do last year over again would we, absolutely. From it i've learned quite a bit and I think the relationship has gone absolutely 180 in the sense of now there is a feeling of comfort, a feeling of if something is coming up to absolutely let you know ahead of time. I hear what you are saying and agree with what you are saying and on a go forward basis hopefully I will do what I say.
>> the contract does require the ice bats notify us in January preceding the beginning of the season, which is in October, of what dates they would request the set-aside for ice bat games much we follow up with them with individual licenses for each of those dates. The contract also requires a 20% deposit for the set-aside of those dates. So there is a process in the contract laid out that would financially obligate the ice bats once the license agreements are signed to pay for those dates even if they chose not to play games on those dates.
>> well, I mean let's really say what there is here. I mean it's a breach of contract. I mean jeff understands that, when you sign a contract, you are liable for what ever you sign up for. So you have the legal remedy of somebody just not being able to walk away from it. I mean since the ice bats have been here, I have known, and I think everybody in this community knows that if they could have a facility built, a new facility built for them, I mean you know, you don't have stadiums, from dallas to all over the world, I mean, that people aren't wanting new facilities. It's not offensive to me if I hear something that the ice bats would like to have a chapperal ice kind of a structure built for you. You've always wanted that. That's -- and I don't know whether it's that people have, you know, gotten away from coming out and watching ice hockey or whether it's a way to get out there. You know, there are all sorts of factors and I知 sure you all have done the demographics saying where your people come from and maybe the Cedar Park area was something the Cedar Park-round rock area that you saw there were a lot of people. So I知 not necessarily offended by that, but I do think we have always got in the back of your mind, if you all had a facility, you probably would go there. But I agree I think the return on the investment for your kind of a deal, I mean and i've been in the recreational sports business and I know how difficult it is so get people to look at those kind of endeavors. As long as we can keep you there, we're probably advantageous to do that and when scott and alicia showed me the new contract, I said this is a pretty good deal for us. If the ice bats are willing to sign up for this deal, we don't have a lot of exposure in the thing. We get the benefit, you know, from the thing. So I would move that you guys are willing to sign up for this, I think it's a good deal for us.
>> second.
>> we actually have to get the contract amendments?
>> this is a presentation of business terms and commitment to see if jeff is ready to go with the business terms and i'll start drafting it now.
>> motion is to put these into contract [inaudible] seconded by Commissioner Gomez. Any more discussion? All in favor? That passes by unanimous vote. Thank you very much.
>> thank you.

The Closed Caption log for this Commissioners Court agenda item is provided by Travis County Internet Services. Since this file is derived from the Closed Captions created during live cablecasts, there are occasional spelling and grammatical errors. This Closed Caption log is not an official record the Commissioners Court Meeting and cannot be relied on for official purposes. For official records please contact the County Clerk at (512) 854-4722.


Last Modified: Thursday, October 27, 2005 9:24 AM