Title
AMENDMENT NO. 3 TO THE INTRUST BANK ARENA MANAGEMENT AGREEMENT BETWEEN SEDGWICK COUNTY AND SMG.
Presented by: Ron Holt, Assistant County Manager.
RECOMMENDED ACTION: Approve the amendment to the agreement and authorize the Chairman to sign.
Body
On August 1, 2007 the County entered into an agreement with SMG, a Pennsylvania general partnership, to provide pre-opening consulting services for the INTRUST Bank Arena and management services for the INTRUST Bank Arena and the Kansas Coliseum Complex.
The agreement contains separate requirements for SMG (1) to provide services during the pre-opening period while the new arena was being planned, designed and constructed; (2) to provide management services for the Existing Facility (i.e., Britt Brown Arena - if the County elects to continue to use it as an event venue, all Pavilion facilities and other facilities that are part of the Kansas Coliseum Complex); and, (3) provide management services for the INTRUST Bank Arena being constructed in downtown Wichita.
The Original Agreement was amended as follows:
1. On August 13, 2008, the County and SMG agreed to Amendment # 1, adjusting provisions pertaining to the Operating Expenses, Transition Period, Transition Services, and Management Term pertaining to the "Existing Facility" which is no longer owned or operated by either the County or SMG; and
2. On October 28, 2009, the County and SMG agreed to Amendment # 2, relating to the "Existing Facility" which is no longer owned or operated by either the County or SMG.
This Amendment further amends the Original Agreement with respect to the New Facility as follows:
1. Section 3.2 "Management Term and Renewal," subsection (b) and (c) are deleted in their entirety
(b) The Management Term for the New Facility shall commence when it hosts its first event that is open to the public (anticipated to be October 1, 2009) and will continue through December 31st of the fifth (5th) full year thereafter, unless earlier t...
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