FACILITY USE AGREEMENT
THIS FACILITY USE AGREEMENT ("Agreement") is entered into effective as of the date of the last
signature below ("Effective Date"), by and between Regents of the University of Minnesota ("University"), a
Minnesota constitutional corporation, and Minnesota Vikings Football, LLC (the "Vikings"), a Delaware limited
liability company.
RECITALS
A.
The Vikings wish to use University’s TCF Bank Stadium for NFL football games while a new Vikings’
stadium (the "New Vikings Stadium") is being constructed at the site of the Mall of America Field at Hubert H.
Humphrey Metrodome.
B.
University agrees to grant to the Vikings a license to use the TCF Bank Stadium on the terms and
conditions set forth herein.
AGREEMENT
1. Facilities. University grants to the Vikings a license to use the TCF Bank Stadium and Facilities described in
this Section 1 solely for the use described in Section 2 herein.
A. TCF Bank Stadium. For purposes of this Agreement, unless the context clearly indicates otherwise, "TCF
Bank Stadium" includes the seating bowl, playing field, western plaza, and facilities and rooms (including
the press/media facilities) identified in Exhibits A and j. The TCF Bank Stadium and other University
facilities available for the Vikings’ use as described in this Section 1 are referred to collectively herein as
"Facilities". The Vikings acknowledge and agree that various areas of the Facilities will be used by
University employees and contractors pursuant to their provision of Game Day Items (as defined in Section
5), including, without limitation, TCF Bank Stadium service elevators and the marshalling area, and that the
Vikings will not have exclusive use of these areas. Further, the Vikings shall not have use of any facilities in
the TCF Bank Stadium used by ARAMARK, University’s exclusive food service vendor, including, without
limitation, ARAMARK’s kitchen, service, storage and pantry areas as identified in Exhibit A-2. The Vikings
also acknowledge and agree that the training table room (as identified in Exhibits A-i and
) is available
only for meals or catered food events provided by ARAMARK or for food storage by ARAMARK.
B. TCF Bank Stadium Site Parking: Hospitality Tents. Reserved parking for the Vikings will be negotiated
between the parties on an annual basis on or before April 1 of each year prior to the applicable NFL Season
(as defined in Section 2.A.), as described in Section 3.A. The Vikings may place I or more hospitality tents
(provided University has approved the tent sizes) on the south side of the TCF Bank Stadium Site (as defined
in Exhibit A) adjacent to University Avenue, as shown on Exhibit A-3. University will work with the
Vikings to identify appropriate tent sizes and locations.
C. Other University Facilities (Indoor). Subject to availability on a Game-by-Game (as defined in
Section 2.A.) basis, the Vikings may use Mariucci Arena Club Room and Williams Arena Club Room, which
use shall include reasonable means of access thereto (collectively, the "Arena Space") for pre-Game events.
No additional Game Fee (as defined in Section 3.A.) will be charged for use of the Arena Space. University
shall advise the Vikings on or before August 1 of each NFL Season of the Arena Space availability for each
Game of that NFL Season, with the exception of any playoff Games, which availability University will advise
of promptly following the scheduling of any playoff Games.
D. Condition of Facilities. University will deliver the Facilities in good repair on Game days and the TCF
Bank Stadium field in game-ready condition consistent with Section 7.H. herein. The Vikings acknowledge
that the Facilities are in place to serve the needs of University, that the TCF Bank Stadium was not
constructed for winter football game use, and that University cannot guarantee that all snow, ice, and other
hazards, known or unknown, associated with winter conditions will be removed from the Facilities, Access
Ways (as defined in this paragraph), and University parking lots and ramps before Games. Subject to the
foregoing acknowledgement, University will be responsible, to the extent reasonably possible, for the timely
removal of snow and ice from the Facilities, Access Ways, and University parking lots and ramps, and the
Vikings will work cooperatively with University to take appropriate action regarding winter weather
conditions. The Vikings shall reimburse University, as a Game Day Expense (as defined in Section 3.B.), for
the costs of snow and ice removal from the Facilities and from University streets, walkways, plazas and the
transitway providing access to the TCF Bank Stadium and University parking lots and ramps (collectively,
"Access Ways"). University is obligated to pay for costs of snow and ice removal from University parking
lots and ramps, and such costs shall not be a Game Day Expense. Except for the Facility Improvement Items
described in Section 4, which University will construct or acquire at the Vikings’ expense, the Vikings agree
to accept the Facilities in "As-Is" condition, subject to University’s obligations set forth in this paragraph and
the obligation of University to maintain the Facilities consistent with University maintenance standards and to
provide the Game Day Items (as defined in Section 5) consistent with the standards described in Section 5. In
addition to snow and ice removal, the Vikings shall reimburse University as a Game Day Expense for all
other maintenance and repair costs related to winter weather operation, protection, and/or repairs resulting
solely by reason of the Vikings’ use of the Facilities in winter weather, provided such other costs related to
winter weather protection and operation would not have been incurred by University in the ordinary course of
maintenance and repair but for the use of the Facilities by the Vikings in winter weather. University
represents that, to the knowledge of University’s Building Official, as of the Effective Date, the TCF Bank
Stadium complies with University Building Codes. The Vikings acknowledge University’s right and intent to
pursue planned improvement projects with respect to the TCF Bank Stadium, which projects shall be
scheduled to avoid any conflict with the Vikings’ use of the Facilities.
2. Use and Scheduling.
A. Vikings’ Games. Subject to the provisions of this Section 2.A., the Vikings may use the Facilities for
Vikings’ home games only (each a "Game" and collectively "Games") for up to 4 consecutive NFL Seasons
commencing with the 2014 NFL Season ("Use Period"). The Vikings anticipate its use of the Facilities to be
limited to the 2014 and 2015 NFL Seasons and agree that its use of the Facilities during the 2016 and 2017
NFL Seasons are subject to the increased Game Fee and its timely provision of the 2016 Notice and 2017
Notice (as defined herein), together with all other Agreement conditions. If the Vikings desire to use the
Facilities during the 2016 NFL Season, notice to University must be provided on or before October 1, 2015
(the "2016 Notice"). If the Vikings desire to use the Facilities during the 2017 NFL Season, notice to
University must be provided on or before October 1, 2016 (the "2017 Notice"), provided that the Vikings
shall have no right to use of the Facilities during the 2017 NFL Season if the Vikings do not use the Facilities
(luring the 2016 NFL Season. If the 2016 Notice and/or the 2017 Notice, respectively, are not timely given,
the Use Period shall expire at the end of the last Game Day Period of the respective preceding NFL Season.
An "NFL Season" includes 10 home football games (2 pre-season and 8 regular season games) plus home
playoff games. Each NFL Season may be reduced by I Game if the Vikings are selected by the NFL to play
one of the Games abroad. If the NFL extends the NFL Season to include additional Games, and the Vikings
participate in such additional Games pursuant to the NFL extension, such additional Games will be subject to
the Scheduling Restrictions set forth in Section 2.B. below. Notwithstanding anything to the contrary in this
Agreement, the Use Period shall not exceed a total of 50 days, and for purposes of the 50-day calculation,
each Game Day Period (as defined in Section 2.C. below) will equal I day, except for any Game Day Period
extended up to 24 hours for a total Game Day Period of up to 48 hours in accordance with Section 2.C.
2
below, which will equal 2 days. A partially-played cancelled Game due to a Force Majeure Event (Section
30) or a University ordered shut-down (Section 7.C.) shall be counted and applied toward the 50-day
calculation.
B. Scheduling Restrictions. The Facilities will be available for Sunday Games only, provided that the
Facilities may be used for one weeknight each NFL Season when University classes are not in session (said
weeknight to be coordinated with and approved by University in its sole discretion) and on Saturdays when
there are no scheduled University football games. The foregoing availability is subject to the following
restrictions: The Vikings shall make best efforts to work with the NFL to minimize conflicts with University’s
academic calendar (including, for example and without limitation, Move-in/Welcome Week and finals week),
intercollegiate athletics events and other University events of which University provides notice to the
Vikings, and to avoid scheduling Games during the Minnesota State Fair and on the same weekends as
University home football games. As of the date of this Agreement, University’s known academic calendar and
scheduled and reserved events for the Use Period are set forth on the attached Exhibit B which Exhibit is
subject to periodic updates by University. In no event will the Facilities be available to the ’Vikings earlier
than 6 hours following a University TCF Bank Stadium event. The Vikings’ coordination efforts with the
NFL shall also include best efforts to accommodate University’s reservation of 2 Sundays in November and 2
Sundays in December for University home basketball games. If, despite use of the Vikings’ best efforts, any
Games are scheduled on the same days as University hockey or basketball games, the Vikings acknowledge
that University hockey and basketball season ticket holders will have priority with respect to Reserved
Parking spaces, notwithstanding anything to the contrary in this Agreement, and available public parking will
be severely limited. Following the scheduling of the Vikings’ Games in accordance with this paragraph,
University will not schedule any TCF Bank Stadium events on Game days, and University and the Vikings
will work collaboratively to minimize conflicts between the Games and University activities and events.
Subject to those events noted on Exhibit B as updated from time to time, University will not schedule any
large-scale TCF Bank Stadium events 24 hours prior to a Game and will use best efforts to avoid scheduling
(i) any intercollegiate athletics events or other large-scale events at Mariucci and Williams Arenas on Game
days or (ii) events that result in closure of the Access Ways on Game Days.
C. Access to and Availability of Facilities. With the exception of Storage Space (as defined in Section 2.D.)
and the Reserved Parking (as defined in Section 3.C.), the Facilities will be available for a 24-hour period
each Game day, commencing at midnight and ending at 11:59 p.m., subject to the 6-hour limitation set forth
above ("Game Day Period"). The Vikings’ use of the Storage Space will be governed by that certain Storage
Space Agreement between the parties, entered into concurrently with this Agreement. The Game Day Period
may be extended up to 24 hours for a total Game Day Period of up to 48 hours, subject to University
approval, which shall not be unreasonably withheld, delayed or conditioned, for any prime-time weeknight
Games scheduled consistent with Section 2.B. All access shall be coordinated with University’s Department
of Intercollegiate Athletics.
D. Storage Space. A portion of the marshalling area ("Marshalling Storage Space") and the north
end/entombed space ("North Storage Space"), both as identified on Exhibits A and A-i, and such additional
space University may designate in the Storage Space Agreement ("Designated Space"), will be available to
the Vikings as long-term storage space, the terms of which are set forth in the Storage Space Agreement. The
Marshalling Storage Space, North Storage Space and Designated Space are referred to collectively herein as
the "Storage Space". The parties acknowledge and agree that the Vikings shall bear the cost of certain
modifications to the North Storage Space, together with modifications to an adjacent area of the TCF Bank
Stadium that will be used by University as storage space in order to accommodate the Vikings’ use of the
Marshalling Storage Space, and it is anticipated that the cost of such modifications will equal or exceed the
fair market value of the North Storage Space and Marshalling Storage Space use. If so, there will be no
additional fee for use of the North Storage Space and the Marshalling Storage Space, provided that the
Vikings shall be responsible for storage and related transport fees for storage of portables and other Non-
Capital Improvement Items requested by the Vikings and procured on the Vikings’ behalf and stored off-site
by University until the Storage Space modifications are complete.
3. Fees. The fees and payments for the Vikings’ use of the Facilities shall consist of the Game Fee (as defined
in Section 3.A.), (ii) Game Day Expenses (as defined in Section 3.B.), (iii) Reserved Parking Fee (as defined
in Section 3.C.), (iv) Facility Improvement Expenses (as defined in Section 4.A.), and (v) any other fees,
payments or expenses expressly described in this Agreement, including, without limitation, University’s
Game Share described in Section 10.A. The maximum amount of fees with respect to the Game Fee and
University’s Game Share for an NFL Season consisting of 10 Games shall be $3,000,000 per annum for the
2014 and 2015 NFL Seasons; $3,125,000 for the 2016 NFL Season; and $3,250,000 for the 2017 NFL
Season.
A. Fixed Fee Per Game. The Vikings shall pay to University $250,000 for each Game played in the TCF
Bank Stadium in the 2014 and 2015 NFL Seasons ("Game Fee"). The Game Fee for the 2016 NFL Season
shall be $262,500 and the Game Fee for the 2017 NFL Season shall be $275,000.
B. Game Day Expenses. The Vikings shall reimburse University for all reasonable and necessary expenses
incurred by University for services, equipment, work, personnel, and supplies provided to the Vikings for
Games played in the TCF Bank Stadium, including, without limitation, those expenses described in Section 5
or other sections of this Agreement (collectively, "Game Day Expenses"). The Vikings have reviewed the
attached Exhibit D (estimates of Game Day Expenses) and agree that these expenses are of the type and
character that shall be deemed necessary and reasonable Game Day Expenses. Game Day Expenses that are
incurred pursuant to compliance with applicable University policy and other Applicable Laws (as defined in
Section 19.A.) or to ensure the safe operation of the Facilities (in University’s reasonable discretion) shall be
deemed reasonable and necessary Game Day Expenses. The Vikings acknowledge and agree that the costs
estimated as Game Day Expenses are based on available cost information as of February 2013. The Vikings
are responsible for the actual Game Day Expenses, which may be higher or lower than the estimates set forth
in Exhibit D.
C. Reserved Parking Fee. Subject to the State Fair Commitment described in Section 8 below, the priority
given to University hockey and basketball season ticket holders described in Section 2.B. above, and the
Vikings’ timely request, University shall allocate to the Vikings for passenger vehicle parking purposes only a
minimum of 500 spaces in University lots in close proximity to the TCF Bank Stadium and/or on the TCF
Bank Stadium Site, together with parking and set-up areas for media, team bus, and broadcast trucks in
available University lots ("Reserved Parking"), as negotiated by University and the Vikings on an annual
basis. The Vikings agree to make written request to University for Reserved Parking on or before April 1 of
each applicable NFL Season, and University agrees to provide its written response no later than 30 days after
receipt of the Vikings’ request. Estimated rates per parking space and lot are set forth on attached Exhibit E.
The per-Game Fee for Reserved Parking ("Reserved Parking Fee") shall also be negotiated in accordance
with such process and timeline and estimated rates on an annual basis. Other parking in University parking
ramps and lots during Games will be on an "as available" basis as further described in Section 8, but shall not
be less than 2,500 spaces per Game, subject to the limitation noted in Section 2.B. University may reserve, at
University expense, a limited number of parking spaces (approximately 40 spaces in the aggregate) in the
University Avenue Ramp, Gopher Lot, and/or other convenient location for guests attending Games in the
Athletic Director’s Suite and Athletic Development Suite.
D. Fee Payments. With the exception of (i) the Facility Improvement Items, payment for which shall be
made in accordance with Section 4 below, and (ii) the Game Share, which shall become due and payable 20
calendar days after the last Game played each NFL Season by the Vikings at TCF Bank Stadium, University
shall invoice the Vikings on a monthly basis for the actual Game Day Expenses incurred for the previous
month in such detail as the Vikings may reasonably require. The Vikings shall pay to University the amounts
invoiced for Game Day Expenses within 30 days of receipt. If the Vikings disagree with any amount
invoiced, the Vikings must notify University within 20 calendar days of receipt of the invoice, which notice
shall constitute the written notice serving to initiate the dispute resolution process described in Section 24.
The Vikings may withhold payment only of those amounts for which timely notice of dispute is given, and
only until such dispute is resolved; all other Game Day Expenses must be paid within 30 days of receipt. The
Vikings shall pay monthly to University the Game Fee and Reserved Parking Fee no later than 20 calendar
days of the month following the month in which the respective Game(s) were played. If any fee is not paid
when due, interest will accrue on the unpaid amount at the rate of 6% per annum until paid, unless timely
notice of dispute has been given. Any disputed fees must be paid within 30 days of dispute resolution, and
interest will accrue on the unpaid amount at the rate of 6% per annum. The Vikings shall also pay
University’s reasonable out of pocket costs of collection, including reasonable attorneys’ fees.
4. Facility Improvement Expenses; Collaborative Process.
A. Facility Improvement Expenses. University agrees to (i) complete the improvement work, including
design and planning, for those Capital Improvement Items (as defined below) identified on Exhibit C (the
"Required Capital Improvement Items") and any others requested by the Vikings and approved by
University, subject to the time, process and schedule limitations generally set forth in the Milestone Schedule,
as updated by the construction manager and defined in Section 4.11. below, and (ii) acquire the portables and
Non-Capital Improvement Items described on Exhibit C attached hereto, all at the Vikings’ expense, which
expenses, the Vikings represent, are authorized under the New Vikings Stadium project budget. The Vikings
acknowledge that the Required Capital Improvement Items are necessary for the operation of the TCF Bank
Stadium in winter weather and for delivery of the Game Day Services at the level specified in
Section 5
herein; provided, however, that with regard to the item "Heated Field Turf’ the parties will work
cooperatively to determine the appropriate design and technology to be utilized that ensures optimal field and
player safety conditions during winter weather play If one or more of the Required Capital Improvement
Items are unable to be completed for the 2014 NFL Season due to the time, process and schedule limitations
generally set forth in the Milestone Schedule, any such Required Capital Improvement Items shall be
completed for the 2015 NFL Season in accordance with a new Milestone Schedule prepared by University
and finalized by the construction manager awarded the construction contract for such Requirement Capital
Improvement Items, and the Vikings shall deposit with University the Pre-Design Funds, Design Funds, and
Construction Funds, as applicable, in accordance with the new Milestone Schedule. The Capital Improvement
Items, Non-Capital Improvement Items and portables are referred to collectively herein as the
"Facility
Improvement Items", and the expenses for the Facility Improvement Items are referred to collectively herein
as the "Facility Improvement Expenses". As used herein, "Capital Improvement Items" shall mean those
items constructed or installed and permanently affixed to, or made part of, the Facilities. Facility
Improvement Expenses shall include the design and construction costs of the Capital Improvement Items. For
clarification purposes, the design costs shall include Architect/Engineering fees and reimbursable expenses,
associated soft costs, including, without limitation, project management fees, and the project contingency.
The construction costs shall include those costs included as part of the Guaranteed Maximum Price ("GMP"),
reimbursable expenses, associated soft costs, including without limitation, project management fees, and the
project contingency.
B. Pre-Design Funds, Design Funds and Construction Funds for Capital Improvement Items. The Vikings
shall deposit with University pre-design funds in the amount of $100,000 ("Pre-Design Funds") on or before
April 26, 2013. In the event University’s Board of Regents does not authorize execution of this Agreement at
its May 2013 meeting, the Pre-Design Funds shall be refunded to the Vikings minus any amount reasonably
expended by University for pre-design work prior to the Board meeting. The Vikings shall deposit such
additional design funds with University as are required to complete the design work ("Design Funds") on or
before July 15, 2013. University shall provide notice to the Vikings of the Design Funds amount a minimum
of 15 calendar days prior to the deposit due date. Final reconciliation of amounts owed for design shall be
made within 30 days following completion of the design work. The Vikings shall deposit with University
funds sufficient for completion of construction of the Capital Improvement Items ("Construction Funds") on
or before January 5, 2014, or such other date specified by University. University shall provide notice to the
Vikings of the Construction Funds amount a minimum of 15 calendar days prior to the deposit due date. The
Vikings shall deposit such additional Construction Funds as are required to complete the construction work
for the Capital Improvement Items within 20 calendar days after University’s request. The Vikings
acknowledge that University will not commence any pre-design, design or construction work for the Capital
Improvement Items until payment of the Pre-Design Funds, Design Funds and Construction Funds,
respectively, are made. The Vikings further acknowledge and agree that its failure to timely pay the PreDesign, Design and Construction Funds may result in (i) increased costs for the Capital Improvement Items,
which increased costs are the Vikings’ responsibility, and/or (ii) University’s inability to timely complete the
Capital Improvement Items, for which University shall have no liability whatsoever.
C. Non-Capital Improvement Items and Portables; Temporary Bleacher Seating. University, in collaboration
with the Vikings, will develop a timeline and accompanying task list setting forth the dates by which
decisions must be made with respect to procurement of the portables and Non-Capital Improvement Items.
The Vikings shall pay to University amounts sufficient for procurement of the Non-Capital Improvement
Items and portables prior to University entering into a purchase order or other contract for the Non-Capital
Improvement Items and portables. University shall provide notice to the Vikings of the procurement amount,
which shall be paid by the Vikings within 20 calendar days after receipt of such notice. The Vikings
acknowledge that University will not enter into any purchase order or other contract for the Non-Capital
Improvement Items and portables until such payment is made. University shall have no liability whatsoever
for its inability to timely procure the Non-Capital Improvement Items and portables, and the Vikings shall be
responsible for any increased costs for the same, if the Vikings fail to (i) timely make and communicate
decisions with respect to procurement of the Non-Capital Improvement Items and portables and (ii) make
timely payment of the procurement amounts. The parties acknowledge that some of the portables and NonCapital Improvement Items may be procured by a lease arrangement; if the Vikings approve procurement by
lease, it shall be responsible for all fees and other costs with respect to the lease, which shall be paid to
University prior to entering into the lease. Final reconciliation of amounts owed under the lease shall be made
within 30 days following the end of the lease arrangement.
If the Vikings desire bleacher seating for the 2014 NFL Season, on or before July 1, 2013, the Vikings shall
deposit with University $35,000 ("Bleacher Design Funds") for the design of temporary bleacher seating it
plans to request in accordance with Section 6.C. On or before January 1, 2014, the Vikings shall deposit with
University funds for procurement of the temporary bleacher seating, which is anticipated to be procured by a
lease arrangement. University shall give notice to the Vikings of the procurement amount (which shall cover
all fees and costs with respect to the lease) at least 15 calendar days in advance of the deposit date. The
Vikings may also be required to provide an initial deposit for the bleachers prior to January 1, 2014. The
University shall give notice to the Vikings of the initial deposit amount at least 15 calendar days in advance of
the deposit date. Final reconciliation of amounts owed for the temporary bleacher seating shall be made
within 30 days following the end of the lease arrangement. As noted above, University shall have no liability
whatsoever for its inability to timely procure the bleacher seating if the Vikings fail to make timely payment
of the Bleacher Design Funds, the procurement funds or deposit or for any resulting increased costs for the
bleacher seating, which shall be the sole responsibility of the Vikings.
D. Ownership of Facility Improvement Items. University shall own and retain all of the Capital Improvement
Items at the end of the Use Period. For the avoidance of doubt, with the exception of leased items, all
portables and other such moveable kiosks, selling point carts and moveable counters of any kind or nature
shall be the sole property of the Vikings, notwithstanding any contrary provision in this Agreement. If
mutually agreed by the Vikings and University, University may purchase portables and other moveable items
from the Vikings at their depreciated value at the end of the Use Period.
E. Improvement Representatives. Kevin Warren and Steve Poppen are designated the representatives of the
Vikings (each, a "Vikings’ Improvement Representative" and together, the "Vikings’ Improvement
Representatives"), either of whom is authorized to act on the Vikings’ behalf with respect to the Facility
Improvement Items, including any reviews, approvals, and information requested by University, and at least
one of whom shall attend related meetings requested by University. University shall thereafter direct all
communications with respect to the Facility Improvement Items to the Vikings’ Improvement
Representatives. Pamela Wheelock is designated as the representative of the University ("University’s
Improvement Representative") and is authorized to act on the University’s behalf with respect to the
Facility Improvement Items. The Vikings acknowledge and agree that its failure to timely provide requested
information, approvals or review or attend meetings may result in University’s inability to timely complete
the Facility Improvement Items, for which University shall have no liability whatsoever, and/or increase
Facility Improvement Expenses for the Facility Improvement Items, and the Vikings shall be responsible for
resulting increased expenses. By way of clarification, the Vikings shall not be responsible for increased costs
due to the failure of University to obtain information (other than information University sought to obtain from
the Vikings which was not timely provided), diligently pursue the design, procurement and construction of
the Capital Improvement Items in accordance with the Milestone Schedule, or delay or failure to schedule and
attend meetings. University shall submit to the Vikings plans (to the extent applicable) for the Capital
Improvement Items for the Vikings’ approval (which approval shall not be unreasonably withheld,
conditioned, or delayed), and the Vikings shall have 15 calendar days to approve the plans or provide
University with a written list of requested changes. If the Vikings fail to either approve or provide the list of
requested changes within the 15 calendar day period, the Vikings’ response shall be deemed untimely.
University will consider the Vikings’ timely request for plan changes, and, to the extent it is feasible, in
University’s sole and reasonable discretion, any untimely requests for plan changes, revise the plans
accordingly, and resubmit the plans to the Vikings. The foregoing process for the resubmitted plans shall
apply until said plans are approved, provided that the Vikings shall have 5 business days to approve the
resubmitted plans or provide University a list of requested changes. If the Vikings fail to respond within said
5 business day period, the Vikings’ response shall be deemed untimely.
F. Procurement Process. University agrees to follow its customary procurement process and applicable
University policies to obtain competitive pricing for the Facility Improvement Items. A copy of the
applicable policy documents and related standard practices have been provided to the Vikings.
G. Collaborative Effort. Pursuant to the terms of this Agreement, the design and construction of the Capital
Improvement Items shall be a collaborative effort between University and the Vikings. The Vikings’
Improvement Representatives shall receive notice, and at least one Improvement Representative shall attend
Capital Improvement Meetings (as defined in this paragraph) with their respective consultants. Attendance at
such meetings may be in person, by telephone or video conference call, or by other means which permits each
participant to be verified and to hear and be heard by others. The Vikings’ Improvement Representatives shall
receive copies of all key design and construction documents related to the Capital Improvement Items and the
critical design and construction decisions. University shall establish in cooperation with the Vikings regular
meetings with respect to the Capital Improvement Items (the "Capital Improvement Meetings"). Special
Capital Improvement Meetings may be held upon reasonable notice in writing to all participants, including
the Vikings’ Improvement Representatives. The collaborative effort anticipated by this Agreement is such
that the parties will work with the architect and construction manager to regularly produce and review a task
list and critical design and construction decisions upon which University and the Vikings’ Improvement
Representatives will confer and agree. The purpose of the task list is to provide the timing and the deadlines
for the parties to make critical design and construction decisions and to adhere to delivery and project work
schedules established in writing by the parties. Such task list will be based on the Milestone Schedule, defined
in Section 4.11. below. University shall retain control over selection of the design and construction team and
the negotiation and award of applicable contracts in accordance with its policies and procedures, as well as
the management of the design and construction process. For clarification purposes, "critical design and
construction decisions" shall mean approval of pre-design plans and design plans for the Capital Improvement
Items, approval of the GMP for construction of the Capital Improvement Items, approval of the final budget
for the Capital Improvement Items, and approval of amendments to the GMP or final budget, all of which
shall require the approval of a Vikings’ Improvement Representative, the process for which shall be governed
by Section 4.D. above.
H. Milestone Schedule. Exhibit G is a conceptual milestone schedule for the Capital Improvement Items
("Milestone Schedule"), which must be finalized by the construction manager awarded the contract for the
Capital Improvement Items.
5. Game Day Expenses. University shall provide the services, equipment, supplies and work described on
Exhibit D hereto as Game Day Expenses (collectively, "Game Day Items"), all at the Vikings’ expense. The
Game Day Items shall be provided in a manner consistent with the standard in which such services are
customarily provided at a capacity University football game in the TCF Bank Stadium, subject to the
acknowledgement set forth in Section 1.D., the Vikings’ assumption of the risks set forth in Section 9.A., and
the completion of the Required Capital Improvements. The costs listed on Exhibit D are estimates only, and
the Vikings acknowledge that actual Game Day Expenses may exceed or be lower than this estimate.
University shall use reasonable efforts to provide any additional Game Day Items requested by the Vikings at
the Vikings’ expense. The Vikings may elect to omit one or more Game Day Items, provided it gives
University advance notice of the same and University approves of the omission. Any expenses incurred by
University for omitted Game Day Items prior to receipt of the notice and approval of the omission by
University shall be paid by the Vikings.
6. Tickets; Seating and TCF Bank Stadium Capacity.
A. Ticketing and Ticketing Revenues. The Vikings shall control ticketing, contract and pay for the services
of any desired ticket vendor, and retain all ticketing revenues, subject to the remainder of this Section 6. The
Vikings plan to use Ticketmaster but may use another ticket vendor or handle ticketing themselves, provided
that any costs incurred by University to accommodate the Vikings’ ticket vendor or ticketing services shall be
deemed a Game Day Expense and paid by the Vikings. The Vikings may use the TCF Bank Stadium ticket
office on Game days. All seats will be reserved (including any temporary bleacher seating added as a Facility
Improvement Item). All standing room only ("SRO") areas will be designated by University’s Building
Official.
B. Complimentary Tickets. The Vikings shall provide to University 100 complimentary tickets for nonpremium seating in the band seating area and 50 complimentary premium tickets for the Athletic Director’s
Suite and Athletic Development Suite for each regular NFL Season Game played in the TCF Bank Stadium.
By way of clarification and understanding, no complimentary tickets will be provided for playoff Games,
provided that University shall have the right to purchase the same number of tickets (up to 150) for any
playoff Games at the same price and terms the tickets are offered to the public. University acknowledges that
the 100 complimentary tickets for non-premium seating for play-off Games may not be the same seating as
for regular NFL Season Games.
C. Additional Seating and TCF Bank Stadium Capacity. Subject to the Vikings’ timely request, University
shall provide, as a Game Day Expense, including planning and design and other soft costs, up to 2,134
additional temporary bleacher seats on the western plaza as are requested by the Vikings, subject to approval
by University’s Building Official. The Vikings acknowledge that the 2,134 maximum temporary seating
capacity is dependent on a number of factors, including, without limitation, bleacher design, access areas, and
the location of food vendors and portable restroom facilities. The Vikings shall make written request to
University for additional seating on or before August 1, 2013. If the Vikings fail to make its request by this
date, University may be unable to timely procure the additional seating and shall have no liability whatsoever
for the same or for additional expenses related to procurement. Procurement of the temporary bleacher seating
shall be governed by the process for Non-Capital Improvement Items set forth in Section 4.C. The Vikings
acknowledge that University may locate its beer garden/alcohol sales area on the western plaza during
University football seasons falling within the Use Period. The Vikings shall be responsible as a Game Day
Expense for all costs of set-up, take-down, and storage (including, without limitation, any related
transportation expenses) of the temporary bleacher seating to accommodate the placement of University’s
beer garden/alcohol sales area, unless such beer garden/alcohol sales area is no longer utilized by University
or the beer garden/alcohol sales area is relocated due to changes in Applicable Law or other reasons. Except
for the Athletic Director’s Suite and Athletic Development Suite and the 100 non-premium seats noted above,
which are for University use, all seating and SRO TCF Bank Stadium capacity will be available to the
Vikings, subject to the rights of the Premium Seat Holders (as defined in Section 6.D.) and the provisions of
Section LA. As of the Effective Date, and based on available information, the estimated TCF Bank Stadium
capacity (including bleacher seating on the western plaza) is 54,472.
D. Premium Seating. The Vikings acknowledge that University has existing contracts with loge and suite
licensees ("Premium Seat Holders"), and that the Premium Seat Holders have a right of first refusal for
Games played in TCF Bank Stadium, allowing them the right to purchase use of the respective loge or suite
and tickets to these Games ("ROFR"). University has provided the Vikings a list of the loges and suites for
the TCF Bank Stadium dated March 12, 2013, which list identifies, as of the list date, (i) those loges and
suites which are not under contract and (ii) the expiration dates of the loges and suites which are under
contract and contain the ROFR.
(i)
Rights to Market Premium Seating Not Subject to ROFR. From and after the Effective Date, the
Vikings may market premium seating rights to those loges and suites not under contract with
University (and therefore not subject to the ROFR) as of the Effective Date solely for Games
played in the TCF Stadium during the Use Period, and also may market seating rights to any
loges and suites which become available (through contract expiration following any extensions,
renewals or termination) after the Effective Date for said Games, and retain all the proceeds
therefrom. For clarification purposes, University may, until and including September 1, 2013,
renew and extend the contracts of Premium Seat Holders that expire during the 2013, 2014, 2015,
and 2016 University football seasons, which extensions will include the ROFR. Subject to the
foregoing, University will not otherwise extend the rights of Premium Seat Holders after the
Effective Date to occupy the suites or loges for the Games. Furthermore, new contracts for
premium seating entered into by University from and after the Effective Date shall not contain a
ROFR for the Games.
(ii)
Right to Market Premium Seating Subject to ROFR. The Vikings may market premium seating
rights subject to the ROFR in accordance with the terms of this paragraph. On or before
November 1 of each calendar year prior to the applicable NFL Season, the Vikings shall provide
to University written notice of the amount the Vikings will charge the Premium Seat Holders for
the ROFR, including any applicable terms and conditions, which amount shall be no more than
the price offered by the Vikings to any other person, entity or organization (collectively,
"Person") for the loge or suite use rights and tickets, and which terms and conditions shall be no
less favorable than those terms and conditions offered to any other Person for the loge or suite use
rights and tickets (collectively, "ROFR Obligation"). University shall provide to the Vikings on
or before February 1 of each applicable NFL Season the list of Premium Seat Holders who have
not exercised their ROFR. Commencing February 1 of each applicable NFL Season, the Vikings
may market seating rights of Premium Seat Holders who have not exercised their ROFR solely
for Games played in the TCF Stadium during the forthcoming NFL Season, subject to the ROFR
Obligation, and retain all the proceeds therefrom. Upon request from University, the Vikings
agree to provide evidence reasonably satisfactory to University of the prices and terms and
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conditions offered by the Vikings for the loge or suite use rights and tickets to Persons other than
Premium Seat Holders. A 10% deposit from the Premium Seat Holders who exercise their ROFR
shall be sufficient to reserve the premium seats for the Games.
7. TCF Bank Stadium and Game Operations.
A. Security and Traffic Control. University shall provide, as a Game Day Expense, security and traffic
control services consistent with Applicable Laws and otherwise as deemed necessary by University, in its sole
and reasonable discretion, to ensure security and manage traffic operations. The Vikings’ security provider
may consult and advise University’s security on the Vikings’INFL requirements.
B. TCF Bank Stadium Operations and Ushering. University shall plan, provide and direct, as Game Day
Expenses, work related to the TCF Bank Stadium operations and ushering described on Exhibit D. The
Vikings may consult with and advise University on any proposed changes the Vikings deem advisable to
enhance such operations.
C. Game Day Command Center. Game day operations will be conducted as a unified command of
University, the Vikings, and the NFL. University’s Assistant Vice President for Public Safety or designee will
serve as Incident Commander. University will retain control over all life safety issues, including decisions
concerning TCF Bank Stadium shut-down.
D. Game Day Operations Manual and Game Script. The Game Day Operations Manual and Game Script
shall be prepared by the Vikings on a Game-by-Game basis and submitted to University for approval, which
approval shall not be unreasonably withheld, delayed or conditioned. The Vikings shall submit the Game Day
Operations Manual for approval not later than 72 hours prior to each Game and the Game Script for approval
not later than 48 hours prior to each Game.
E. Scoreboards and Public Address System. The scoreboards and public address system of the TCF Bank
Stadium will be available for exclusive use and operation by the Vikings during the Game Day Periods,
subject to Existing Contracts (as defined in Section 10) and other applicable provisions of this Agreement,
including, without limitation, Sections 10 and 14.
F. Team and Game Support. The Vikings, at its expense, shall provide and are responsible for, Game
officials (including chain gang, timer, statistics crew and spotter), Game equipment (including without
limitation footballs, field phones, sideline communication systems, and instant replay equipment), and preGame, half-time and post-Game entertainment.
G. Emergency Equipment and Personnel. University shall make arrangements for emergency vehicles,
EMTs, X-ray equipment and personnel and medical equipment as Game Day Expenses. University’s
emergency vehicles, EMTs and personnel will serve fans and other persons in the TCF Bank Stadium, not the
Vikings, the other NFL Team or other participants in the Game, or on the playing field and sidelines. The
Vikings are responsible for provision of X-ray equipment operators, emergency vehicles, and EMTs for NFL
team players, coaches, employees and others on the playing field and sidelines.
H. Field Markings and Replacement Turf. The field will be marked according to Vikings’ specifications as a
Game Day Expense. The Vikings’ field markings will be painted, with the exception of the end zone in-lays,
yard lines, teams’ bench areas, photo-security line, and out-of-bounds lines, which will be permanent
markings. The Vikings shall assist University and assume responsibility for required actions to complete the
field preparation. The Vikings and University shall use best efforts to cooperatively prepare the field, with all
expenses paid by the Vikings as a Game Day Expense, and the Vikings shall work under the supervision of
University. Vikings are responsible, as a Game Day Expense, for the cost of University’s restoration of the
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field post-Game, which includes the removal of NFL/Vikings markings and restoration of collegiate markings
and University logos and marks. The Vikings and University shall use best efforts to cooperatively restore the
field post-Game. The Vikings are also responsible, as a Facility Improvement Expense, for the cost of
University’s replacement of the turf at the end of the Use Period with new turf with permanent markings as
selected by University. The Vikings may offer or propose to University the installation of particular
replacement field turf at any time during this Agreement, but University retains the right to make all decisions
related to the replacement turf installation at the TCF Bank Stadium. The Vikings’ obligations under this
paragraph shall survive the expiration or earlier termination of this Agreement.
I. Press Box and Credentialing. The Vikings shall be responsible for assignment of space in the press box
and reimburse University for any related expenses it incurs as a Game Day Expense. The Vikings shall
manage credentialing of media personnel, Game day officials, employees, and food service workers working
at the TCF Bank Stadium and establish rules for access to non-public areas in the TCF Bank Stadium during
Game Day Periods. University shall identify University staff that must be credentialed and their respective
levels of access. University and the Vikings shall cooperate to coordinate credentialing procedures.
J. Programs. The Vikings may print and sell or distribute unwrapped Vikings programs (including programs
known as Vikings Game Day and Vikings Playbook programs as of the Effective Date) within the TCF Bank
Stadium only (and not outside any gated area or on the exterior perimeter of the TCF Bank Stadium,
including, without limitation, on the plazas or promenade) and retain all program revenue, provided that the
content of the program advertising is subject to University’s review and approval for conformance with
University’s Existing Contracts (as defined herein) and policies. University’s approval shall not be
unreasonably withheld, delayed or conditioned, provided it shall be deemed reasonable for University to
withhold approval if the program content does not conform to University’s Existing Contracts or policies.
K. Tailgating. Tailgating will be allowed during Game Day Periods in lots designated by University under
the same rules as are in effect for University football game days. A copy of the rules in effect as of the
Effective Date has been provided to the Vikings. The number of lots available and the hours will be
determined on a Game-by-Game basis based on other University-scheduled activities. The Vikings shall not
conduct or permit marketing, soliciting, or promotional activities in tailgating areas or elsewhere on the
University campus unless authorized in writing by University.
Parking and Transit. Parking in University parking ramps and lots during Game Day Periods will be on an
"as available" basis, but shall not be less than 2,500 spaces available for Games, subject to the limitation
noted in Section 2.B. University shall operate its ramps and lots, establish the parking rates, and retain the
revenue. The Vikings acknowledge that University is committed to providing approximately 3,900 parking
spaces to the State Fair during the State Fair, which requires most surface parking near the TCF Bank
Stadium and a significant number of ramp spaces ("State Fair Commitment"). No arrangements are
currently in place for parking at the State Fairgrounds during Games played at the TCF Bank Stadium; any
arrangements for such parking will be handled by University, and University shall establish the parking rates
and retain the revenue. The Vikings acknowledge there is no possibility for parking at the State Fairgrounds
during the State Fair. On or before April 1 of the applicable NFL Season, University and the Vikings shall
jointly develop and coordinate a transportation and traffic plan for Games, including the transit and shuttle
bus services to be provided by University and charter bus and taxi plan. No costs and expenses for parking
and transit other than those noted on Exhibit D may be assessed to the Vikings, which costs and expenses are
estimates; the actual costs may be higher or lower.
9. Concessions; ARAMARK Catering.
A. Terms. All food and beverages sold, distributed or offered for consumption at the Facilities will be
provided by University through its vendor, ARAMARK. The Vikings shall arrange for and make direct
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payment to ARAMARK for catering services provided on the Vikings’ behalf with respect to its hospitality
tents, the indoor club rooms, the training table room, and other Facility locations. Alcoholic beverages will be
sold pursuant to University’s license for the TCF Bank Stadium and the contract between University and
ARAMARK. The Vikings may not serve or sell, distribute, dispense, advertise or promote any food or
beverage (collectively, "Food Activity") in the TCF Bank Stadium or on University campus in violation of
University’s Existing Contracts, and any Food Activity of the Vikings must be approved in advance by
University and its Auxiliary Services Contract Administrator. The concessions menu and menu pricing for
Games shall be based on a list approved by ARAMARK with respect to required storage, preparation and
production capabilities ("Menu List"), consistent with the Food Service Management and Operations
Agreement between ARAMARK and University. The Vikings shall be responsible for meeting with
ARAMARK and developing the preliminary Menu List on or before February 1 of the applicable NFL
Season. University and the Vikings shall promptly review and discuss the Menu List and finalize the same on
or before April 1 of the applicable NFL Season. The Vikings shall have final control over the Menu List,
subject to reasonable review and approval by University, which approval may be withheld only due to a
conflict between the proposed Menu List and University’s Existing Contracts or a conflict regarding storage
space use or capacity, or Facility or equipment availability or capacity. The Vikings shall have final
determination of Menu List pricing. If the Vikings fail to timely obtain the preliminary Menu List from
ARAMARK or participate in discussions with University regarding the same, and such failure, in
University’s reasonable opinion, will hinder ARAMARK’s ability to provide food services at Games,
University may elect to designate as the default concessions menu and pricing for Games either (i) the menu
and pricing for University football games or (ii) the menu and pricing for Games from the prior NFL Season,
if applicable. The Vikings acknowledge and agree that differences in concessions menu and pricing between
Games and University football games will result in additional costs for the Vikings for ARAMARK services
and operational risks, including without limitation, that cash registers and other food-service related
equipment and items may not be timely prepared for Games, additional logistic expenses, and lack of
inventory control. The Vikings assume these operational risks and are solely and fully responsible for the
same. The Vikings are responsible, as a Game Day Expense, for the cost of restoring the cash registers, menu
boards and other food-service items to a service-ready condition for University football games.
B. Gatorade and Pepsi Products. The Vikings have informed University that the Vikings have reached an
agreement with Coke (as defined below), allowing the Vikings limited display, use, promotion and service of
Pepsi and Gatorade products, as memorialized in that certain letter agreement between the Vikings and CocaCola Refreshments, USA Inc. and The Coca-Cola Company (collectively, "Coke") dated February 14, 2013
(the "Coke Letter"), which activities are otherwise prohibited under University’s Existing Contract with
Coke. The Vikings shall defend, indemnify, and hold University harmless from and against all claims, losses,
costs, damages and expenses arising from any claim by Coke that the Vikings’ display, use, promotion and
service of Pepsi and Gatorade products causes University to be in breach of University’s Existing Contract
with Coke.
10. Sponsorships and Advertising; Game Share and Exclusive Revenues.
A. University’s Game Share. In addition to the Game Fee specified in Section 3.A., and in consideration of
the sponsorship, advertising, concession and other revenue opportunities granted to the Vikings herein, the
Vikings shall pay to University an additional $50,000 per Game played ("Game Share"). The Game Share
owing to University shall be paid in accordance with Section 3.D.
B. Existing Sponsors. The Vikings may earn sponsorships and advertising revenue from its sponsors and
advertisers existing as of the Effective Date ("Existing Vikings Sponsors"), so long as such sponsorships and
advertising comply with the terms and limitations under University’s existing contracts ("Existing
Contracts") with TCF Bank, Dairy Queen, Learfield Sports ("Learfield"), Coke, and Gold Country
(collectively, "Existing University Sponsors") and applicable terms of this Agreement. The terms of the
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Existing Contracts are generally summarized in the memorandum dated February 3, 2012 titled "Sponsorship
and Other Contractual Limitations: Use of TCF Bank Stadium by Minnesota Vikings" ("Memo"), a copy of
which has been provided to the Vikings. The Vikings shall retain 100% of the revenue from the Existing
Vikings Sponsors, and University shall retain 100% of the revenue from the Existing University Sponsors
(and any other sponsors and advertisers with whom University has agreements as of the date of this
Agreement, which shall also be "Existing University Sponsors"), subject to the provisions of Section 10.E.
below.
C. ARAMARK. The share of ARAMARK commissions revenue to which University is entitled under its
existing contract with ARAMARK is referred to herein as "Existing ARAMARK Revenue". Existing
ARAMARK Revenue generated in the Facilities during Games shall be distributed 100% to the Vikings. If
the Vikings negotiate an agreement with ARAMARK obligating ARAMARK to pay a greater percentage of
commissions revenue ("New ARAMARK Revenue") generated from sales in the Facilities during Games
than the Existing ARAMARK Revenue, such additional New ARAMARK Revenue will be distributed 100%
to the Vikings. For avoidance of doubt, the Vikings shall not be entitled to share in any ARAMARK
commissions revenue other than ARAMARK commissions revenue generated during Games in Facilities
used by the Vikings. The Vikings must comply with all terms and limitations of University’s existing contract
with ARAMARK, except to the extent any such terms and limitations are re-negotiated and approved by
University, which approval will not be unreasonably withheld, delayed or conditioned. All Existing
ARAMARK Revenue and New ARAMARK Revenue shall be deposited with University to be distributed to
the Vikings by University on a Game-by-Game basis within 10 days following (i) the Vikings’ payment of
ARAMARJ( catering services in accordance with Section 9.A. and (ii) ARAMARK’s deposit of Existing
ARAMARK Revenue and New ARAMARK Revenue with University. University shall provide a written
accounting for such distribution, including the documentation provided by ARAMARK to University.
D. New Sponsors. The Vikings may secure new sponsorships or advertising contracts with parties other than
the Existing Viking Sponsors or the Existing University Sponsors ("New Vikings Sponsors"), provided that
the Vikings and any New Vikings Sponsors comply with the terms and conditions of the Existing Contracts
and applicable terms of this Agreement. The Vikings shall retain 100% of the revenue from the New Vikings
Sponsors. For avoidance of doubt, University, through its agent, Learfield, may secure new sponsorships or
advertising contracts for intercollegiate athletic events in accordance with the Existing Contract with Learfield
("New University Sponsors") and shall retain 100% of the revenue from the New University Sponsors;
provided, however, that from and after August 31, 2013, University shall not enter into any new sponsorship
or advertising arrangements for permanent signage or displays that will remain visible during Games for the
Use Period. Notwithstanding the foregoing, if the Vikings’ use of the Facilities extends beyond the 2015 NFL
Season, University may renew and/or enter into new contracts for then-existing permanent signage that expire
after the 2014 University football season. For clarification purposes, this restriction shall not apply to
arrangements for bleacher signage described in Section 10.F. below, which the Vikings may cover during
Games at its expense.
E. New Revenue from Certain Existing University Sponsors. If the Vikings negotiate agreements with TCF
Bank, Dairy Queen, or Coke entitling them to revenue beyond what is provided for under the terms of the
Existing Contracts ("New Revenue"), such New Revenue will be distributed 100% to the Vikings, provided
that the Vikings must obtain University’s prior approval of any New Revenue arrangements, which approval
shall not be unreasonably withheld, conditioned or delayed.
F. Scoreboard and Electronic Message Boards; Other Temporary Signage; Bleacher Signage. The Vikings
shall have exclusive use of the scoreboard and electronic message boards of the TCF Bank Stadium for
presentation of advertisements or sponsorship messages as described and allocated in Section III of the
Memo, subject to the limitations and restrictions in this Agreement and the Existing Contracts. University
agrees that that the digital signage availability set forth in the Memo, hereby incorporated by reference, shall
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not be reduced during the Use Period. The Vikings may place temporary signage and/or decorations
(including field decorations) in the Facilities only with the prior approval of University, which shall not be
unreasonably withheld, delayed or conditioned, and in no event shall such signage or decorations be allowed
to cover or interfere with existing Facilities venue signs (e.g., TCF, Coke, and/or DQ). No permanent signage
shall be available for the Vikings’ use. Signage of Existing University Sponsors and any New University
Sponsors shall remain in place and visible. Subject to the restrictions and limitations herein, the Vikings may
allow Existing Vikings Sponsors or New Vikings Sponsors to maintain promotional kiosks in locations
approved by University, which approval shall not be unreasonably withheld, delayed or conditioned. If
temporary bleachers are installed on the western plaza for Games and remain in place for University football
games, University shall have the right to display signage of New or Existing University Sponsors on the
temporary bleachers, which signage may be covered by the Vikings at its expense during the Games.
University shall retain 100% of the revenue for any such bleacher signage.
G. Advertising and Sponsorship Restrictions. Except as otherwise expressly permitted in writing by
University and the applicable Existing University Sponsor or in the Coke Letter, no sponsorship/advertising
message, signage, display, public address announcement or promotional event or activity shall be allowed by
the Vikings that displays the name or trademarks of or relates to (a) any Financial Services Company (as that
term is defined in the Memo and Existing Contract with TCF Bank), (b) any beverage (other than beverages
marketed under Coco-Cola trademarks) if such message, signage, display, announcement, event or activity
would cause University to be in breach of its Existing Contract with the Coca-Cola Company, or (c) any hard
and soft-serve ice cream. Advertising/publicity may not advertise or promote gambling, drugs, adult
entertainment, tobacco, or firearms, and will not state or imply that University supports or endorses any
goods, services or political or theoretical position. Any alcohol advertising requires approval by University’s
President. The Vikings shall not take any action or use any language in its use of the Facilities that might
reasonably be expected to offend contemporary community standards, such as use of words regarding sexual
acts, defamatory language, or language that might denigrate any class or group of people.
H. TCF Bank Stadium References. The Vikings shall use only the name "TCF Bank Stadium" when
referring to the TCF Bank Stadium in writing and in any official oral references, advertisements and
promotions for the Vikings.
11. Merchandise. The Vikings acknowledge that Gold Country, the operator of the permanent TCF Bank
Stadium store, is allowed to operate its store on Game days, and that Gold Country is party to an Existing
Contract with University that is not affected by this Agreement. The Vikings are encouraged to work with
Gold Country regarding Game day sales of Vikings’ merchandise at the store and at other TCF Bank Stadium
locations. The Vikings may also sell Minnesota Vikings and NFL-licensed novelties at locations not operated
by Gold Country and approved by University and retain the proceeds therefrom. University shall confirm to
Gold Country that it does not object to Gold Country selling NFL and Vikings merchandise. University and
the Vikings shall encourage coordination among and between Gold Country, the Vikings and the Vikings’
vendors.
12. Alcohol. Pursuant to an authorizing resolution passed by University’s Board of Regents, alcohol sales and
consumption will be allowed at the TCF Bank Stadium on Vikings’ Game days, subject to University policies
and restrictions, which include, without limitation, the following: (i) beer and wine may be sold throughout
the TCF Bank Stadium pursuant to University’s license, (ii) hard liquor may be sold in premium seating areas
only (i.e., club seating, loge boxes, and suites) pursuant to University’s license, and (iii) beer, wine and hard
liquor may be sold in the Arena Space (to the extent such space is available and used by the Vikings) pursuant
to University’s license. No alcohol may be sold or served in the Minnesota Tribal Nations Plaza, as shown on
Exhibit A-4. University shall approve all alcohol sales locations. University represents that its contracts in
effect as of the Effective Date do not prevent University from entering into contracts with distributors of
Pernod Ricard, LLC, MillerCoors, LLC, Summit Brewing Company, Incorporated, August Schell Brewing
14
Company, Incorporated, Busch Media Group, Inc. and/or Anheuser-Busch, LLC ("Vikings Distributors").
University shall not enter into any new contract or modify any existing contract such that University is
prevented from entering into contracts with Vikings Distributors. Types and brands of alcoholic beverages
sold during Games shall be determined in accordance with Section 9.A.
13. Recordings; Broadcast. The Vikings, NFL and authorized networks shall have the non-exclusive right to,
and to authorize and license others to, exercise Broadcast Rights (as defined below) with respect to all Games
and to retain all revenues derived therefrom. University grants to the Vikings a non-exclusive, royalty-free
license to include in any Broadcast Rights (or fixation thereof) exercise, with respect to any Game, any
likeness, image, sound or other item visible or available in the TCF Bank Stadium or the Facilities from time
to time. "Broadcast Rights" shall mean the rights, licenses, and other fees and arrangements relating to the
production and distribution of the Games for commercial televisions, non-commercial televisions (by overthe-air cable or otherwise), internet and other interactive media, and any other media available whether or not
within the current contemplation of University and the Vikings, including direct sales of advertising and
promotions by the Vikings, radio broadcast and any other media fees and revenues, and any income
attributable to such broadcasts (whether in or out of the local market). The Vikings or its designee(s) shall
own in perpetuity and may exploit the products of all such activities in its discretion throughout the world in
all media without further payment or compensation to University; provided that the Vikings shall pay for any
additional out-of-pocket expenses reasonably incurred by University related to such activities, including labor
costs, which are deemed to be Game Day Expenses.
14. Neighborhood Noise and Sound Disturbance. The parties acknowledge that there are long-established
residential and business neighborhoods in the vicinity of the TCF Bank Stadium. These neighborhoods have
significant concerns about noise levels affecting residents. Both parties wish to foster their goodwill and the
relationship between University and the neighborhoods. Therefore, the Vikings shall take all reasonable steps
to assure compliance with state and local noise regulations and ordinances, including without limitation,
Minnesota Rules Chapter 7030, and Minneapolis Ordinance Chapter 389, and the parties shall cooperate with
each other in this regard. The Vikings shall appoint a representative who shall serve as the contact and
neighborhood liaison with respect to all noise, sound disturbance and other community impact issues related
to Games. All sound checks, sound system testing, and other loud activities prior to Games shall be concluded
before 5 p.m. and may not commence before 9 a.m. The Vikings shall inform University of the schedule for
such activities at least 48 hours prior to Game days. The Vikings shall defend and indemnify University from
and against any loss, cost, fines, and other penalties or damages arising from or related to any non-compliance
with these regulations and ordinances.
15. Vikings Good Neighbor Partnership Fund. The Vikings desire to work with the nearby residential
neighborhoods and businesses to create a Good Neighbor Partnership ("Partnership") for the years that it
will play its Games at the TCF Bank Stadium. This Partnership will be based on University’s good neighbor
plan yet recognize that the Vikings can bring unique resources and visibility to the University District. The
Partnership will have the following components:
A. A Minnesota Vikings Good Neighbor Partnership Fund ("Partnership Fund") will be established and
administered through the existing University Good Neighbor Fund. The Partnership Fund will be used to
implement tangible and visible projects during the years the Vikings play at the TCF Bank Stadium. The
projects selected must be beneficial to the nearby neighborhoods and businesses and allow for participation by
the Vikings and their business partners.
B. The Vikings will contribute $90,000 per NFL Season in cash to the Partnership Fund for projects selected
under this Section 15 plus $35,000 per season in in-kind contributions for use in conjunction with the selected
projects or other initiatives beneficial to the community. The cash contributions shall be made on or before
July 1 of each NFL Season. It is the intent of the parties to fund a limited number of substantial projects each
I
year from the Vikings’ cash contributions (e.g., 1 to 3 significant projects). The in-kind contributions shall be
arranged by the Vikings for the benefit of the projects selected pursuant to this Section 15 and shall be valued
at their fair market value. It is the intent of the parties that the selected projects will be implemented during
the years that the Vikings play at the TCF Bank Stadium, presently planned for 2014 and 2015. However, any
unspent funds remaining in the Partnership Fund at the end of the Use Period shall remain in the Partnership
Fund for future allocation consistent with this Section 15. The Vikings’ obligation for in-kind contributions is
limited to the years the Vikings play at the TCF Bank Stadium.
C. Projects funded through the Partnership Fund will be selected through a collaborative process by the
Stadium Area Advisory Group (SAAG), its Good Neighbor Fund Committee, and the Vikings. The Vikings
will have a representative on the Committee and be eligible to submit projects for consideration in the
selection process. If a project is selected that is not supported by the Vikings, the Vikings shall have no
obligation to provide an in-kind contribution toward that project. Each project selected shall be subject to final
approval by University for consistency with applicable University Regents Policy.
D. SAAG and individual neighborhoods and business associations will publicly acknowledge the projects
and other contributions of the Vikings through the Good Neighbor Partnership.
E. Projects funded through the Partnership Fund shall be selected in accordance with the following criteria:
(i)
Projects must be beneficial to the affected neighborhoods and businesses;
(ii)
Projects will allow participation by the Vikings and their business partners;
(iii)
Projects will be implemented during the years the Vikings play at the TCF Bank Stadium, and
(iv)
Projects must be consistent with applicable University Regents Policy.
16. Additional Obligations of the Parties.
A. Obligations of the Vikings. The Vikings shall, at its expense: (i) provide such governmental permits,
licenses, and authorizations as may be required by Applicable Law in connection with the Games (other than
permits and licenses that University already holds or is required to hold as part of University’s ownership
and/or operation of the Facilities); (ii) except to the extent provided by University and identified in Exhibit D,
provide and pay for all personnel required for Games; (iii) transport (or cause to be transported) to and from
the Facilities all Vikings’ personnel, property and equipment for Games; (iv) timely pay all taxes and other
governmental levies due in connection with Games, contracts, and operations, including applicable sales taxes
on services provided by University; and (v) cause all persons (other than persons employed by, or under the
control of, University) that participate in, set up, prepare for or otherwise support or conduct the Games to
abide by all provisions of this Agreement applicable to them. Any breach of any obligation by a person under
the control of the Vikings, the National Football League, or their respective contractors will be deemed a
breach by the Vikings, which breach will constitute an Event of Default in accordance with the terms of
Section 23.A.
B. Obligations of University. University shall obtain, or cause its contractors to obtain, at the expense of the
Vikings, such permits and approvals as may be required by Applicable Law in connection with the design and
construction of the Facility Improvement Items and, as applicable, Game Day Items. Any breach of any
obligation by a person under the control of University will be deemed a breach by University, which breach
will constitute an Event of Default in accordance with the terms of Section 23.B.
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17. Insurance. Throughout the Use Period, the Vikings shall obtain and maintain, at its sole expense, the
following minimum insurance coverage:
(i)
Commercial General Liability covering bodily injury and property damage with minimum limits
of$1,000,000 each occurrence and $2,000,000 general aggregate.
(ii)
Automobile Liability insurance covering owned, non-owned and hired vehicles with minimum
limits of $1,000,000 each occurrence.
(iii)
Workers Compensation insurance as required by Applicable Law and Employers Liability with
limits of $1,000,000 each accident/$ 1,000,000 disease - each employee/$ 1,000,000 disease policy limit.
(iv)
Umbrella/Excess Liability with minimum limits of $50,000,000 per occurrence/general
aggregate.
(v)
Property insurance covering the Vikings’ property while located at the Facility.
The Vikings shall provide a Certificate of Insurance naming Regents of the University of Minnesota as an
additional insured for General Liability and Automobile Liability. All coverage shall apply on a primary and
non-contributory basis with any other insurance and/or self-insurance carried by University and include a
waiver of subrogation in favor of University. Policies shall be written by companies with an A.M. Best rating
of A-VII or better and licensed and authorized to do business in the State of Minnesota The policies shall
provide that the insurance coverage shall not be canceled or non-renewed before the end of the term of this
Agreement without written notice to University.
University insures its liability exposures through its wholly-owned captive insurer, RUMINCO, with limits of
$1,000,000 per claim, $3,000,000 per occurrence, and $5,000,000 annual aggregate. University will continue
to maintain such coverage throughout the Use Period.
18. Indemnification.
A. Obligations of Vikings. The Vikings shall indemnify University, its Regents, officers, employees, agents
and others acting on University’s behalf, hold them harmless, and defend and protect them from and against
loss, damage, liability, claim, cost or expense (specifically including reasonable attorneys’ fees and other
costs and expenses of investigation and defense), resulting from tort claims brought by third parties arising
from bodily injury to any person, or from loss of or damage to any property or property interest which occurs
in the TCF Bank Stadium, on the University property surrounding the TCF Bank Stadium, or on the public
sidewalks surrounding the TCF Bank Stadium in connection with or arising out of the Games, or from injury,
death or damage directly connected with the sale of any product, program, or item sold by the Vikings or its
designee in connection with the Games. The Vikings further shall indemnify University, its Regents, officers,
employees, agents and others acting on University’s behalf, hold them harmless, and defend and protect them
from and against loss, damage, liability, claim, cost or expense (specifically including reasonable attorneys’
fees and other costs and expenses of investigation and defense), resulting from the Vikings’ breach of this
Agreement. This obligation does not apply to injuries, losses or damage resulting from willful or grossly
negligent acts or omissions of University, its Regents, officers, employees, agents or others acting on
University’s behalf or from University’s breach of this Agreement.
B. Obligations of University. Subject to the limits of the Minnesota Tort Claims Act, Minnesota Statutes
§3.736, University shall indemnify the Vikings, its members, owners, officers, employees, agents and others
acting on the Vikings’ behalf, hold them harmless, and defend and protect them from and against loss,
17
damage, liability, claim, cost or expense (specifically including reasonable attorneys’ fees and other costs and
expenses of investigation and defense), resulting from tort claims brought by third parties arising from bodily
injury to any person, or from loss of or damage to any property or property interest which occurs in the TCF
Bank Stadium, on University property surrounding the TCF Bank Stadium, or on the public sidewalks
surrounding the TCF Bank Stadium in connection with or arising out of the Games, or from injury, death or
damage directly connected with the sale of any product or item sold by University or its designee in
connection with the Games. This obligation applies only to injuries, losses or damage resulting from willful or
grossly negligent acts or omissions of University, its Regents, officers, employees, agents, or others acting on
University’s behalf. For purposes of this Agreement, employees leased to University by ARAMARK shall not
be considered employees, agents or others acting on University’s behalf.
19. Legal Compliance; Restrictions on Use.
A. Applicable Laws. The Vikings shall cause the Games and the use of the TCF Bank Stadium during the
Use Period to, comply with all applicable laws, statutes, rules, orders, regulations, University policies and
other legal requirements and all lawful directions and orders of public officers and officials which impose any
obligation with respect to the Games or the TCF Bank Stadium or use or occupancy thereof (collectively,
"Applicable Laws"). University shall cause the Game Day Items to be provided in accordance with
Applicable Laws in a manner consistent with the standard set forth in Section 5.
B. Fire and Safety. Without limiting the foregoing, the Vikings shall, and shall cause all Game-related
activities to, comply with all rules, orders, regulations or requirements of the Minneapolis Fire Department
and all other Applicable Law relating to fire or safety, and shall not have or permit in or about the TCF Bank
Stadium any gasoline, acetylene or other fuel or combustible or hazardous substance without prior express
written approval of University authorized contact person or designee. All work and materials done, furnished
or permitted by the Vikings shall be subject to approval by University (and, if University so determines, the
Minneapolis Fire Department), and unless so approved may be prevented or removed by University. The
Vikings shall cause all decorations and other combustible materials to be flame proofed. If University so
requests (or if required by Applicable Law), the Vikings shall deliver to University a flame proofing
certificate in the form specified by Applicable Law. No review, approval, or failure to review or approve by
University shall discharge or limit the Vikings’ obligations hereunder.
C. University Rules. The Vikings shall cause all Game-related activities to abide by such reasonable rules
and regulations as may from time to time be adopted by University for use, occupancy and operation of the
TCF Bank Stadium ("Stadium Rules").
D. Refusal to Admit; Removal. University and its employees and agents may refuse admission to the TCF
Bank Stadium of (and remove from the TCF Bank Stadium) any person whose behavior violates any
Applicable Law, Stadium Rule or right of others or is otherwise objectionable or improper in a material way.
Each worker or other person engaged by the Vikings will be subject to the general control of University (but
shall not at any time be an agent, servant or employee of University) while in or about the TCF Bank Stadium
and may be refused entrance (or removed) by University for violation of any Applicable Law, Stadium Rule
or right of others or for objectionable or improper conduct in a material way. University shall have no liability
for any such refusal or removal, except to the extent caused by University’s negligence or willful misconduct.
University shall confer with a Vikings’ Improvement Representative prior to enforcing such restriction
against NFL officials or Vikings’ players.
E. Smoking. Smoking is not permitted anywhere in the TCF Bank Stadium or Arena Space at any time. In
addition, smoking is not permitted in the hospitality tents or other locations outside of TCF Bank Stadium
where ARAMARK food and/or beverage services are offered in a designated or controlled area. The Vikings
shall cooperate with University in enforcing such requirement throughout the TCF Bank Stadium, Arena
Space, hospitality tents, and ARAMARK food and/or beverage service locations.
18
F. EIS. The Vikings shall, and shall cause all Game-related activities to, comply with the mitigation
measures set forth in the final Environmental Impact Statement for the New Vikings Stadium, including,
without limitation, mitigation measures relating to traffic, parking, air quality, noise, fan behavior, trash and
other impacts related to the Vikings’ temporary use of the Facilities.
20. Use of University’s and Vikings’ Names and Logos. Except as specifically required by this Agreement,
neither party shall use the name, logo, or any other marks (including, but not limited to, colors and music)
owned by or associated with the other or the NFL, or the name of any representative of the other, or the NFL,
without the written permission of the other. The Vikings may use University’s name and the TCF Bank
Stadium name and logo, and University may use the Vikings’ name and logo, for the limited purpose of
identifying the location of the Games in advertising or other notices for the Games, which uses shall be
without charge. University hereby authorizes the Vikings to utilize the name and image of the TCF Bank
Stadium in connection with advertising and promotional activities related to the license granted under this
Agreement in accordance with all of its terms and conditions, including without limitation Section 10(G), and
represents and warrants that University has the right to grant such authorization.
21. End of Season Closure; Game Day Period Expiration.
A. End of Season Closure. The Vikings shall pay the incremental costs for closure and winterization, over
and above the standard cost of closure and winterization of TCF Bank Stadium ("Closure Costs") as a Game
Day Expense for any NFL Season during which the Vikings play in the Facilities. Items included in the
standard Closure Costs are listed on attached Exhibit F.
B. Game Day Period Expiration. The Vikings shall, at the expiration of each Game Day Period, cease use of
the Facilities and remove all of its property and equipment (including signage and decorations) and the
property and equipment of its employees, agents, contractors and consultants therefrom, except for such
property and equipment that is stored in the Storage Space, which must be removed at the expiration or earlier
termination of the Storage Space Agreement. The Vikings shall reimburse University for any and all
reasonable costs University incurs to repair any damage (excluding normal wear and tear) to the Facilities or
other University property or equipment arising out of or connected with a Game or other Vikings’ use of the
Facilities, unless such damage is caused solely by University, its officers, employees, agents, or
representatives. Property identified on Exhibit C as being owned by University at the end of the Use Period
must remain with University.
22. Security Deposit. On or before July 1 of each NFL Season of the Use Period, the Vikings shall deposit with
University the sum of $250,000 as security for the faithful performance by the Vikings of every term and
condition of this Agreement. If any of the fees herein or any other sum payable by the Vikings to University
shall be overdue or unpaid, or if University makes any payment on behalf of the Vikings, or if there shall be a
breach or default by the Vikings in respect to any term or condition of this Use Agreement, University may
use part or all of the security to perform the same for the account of the Vikings or as payment for any
damages or deficiency due to University under this Agreement. Any portion of the security deposit not so
applied shall be repaid, without interest, to the Vikings within thirty (30) days of the end of the then-current
NFL Season or, if later, fifteen (15) days after (i) the Vikings have paid all amounts owed under this
Agreement for such NFL Season, (ii) the Vikings have cured any default under this Agreement, and (iii) any
dispute has been resolved pursuant to dispute resolution process described in Section 24. If University uses
any portion of the security deposit, the Vikings shall make an additional deposit to restore the original balance
within ten (10) days of demand.
19
23. Default; Remedies.
A. Vikings Event of Default. Any of the following events will constitute an "Event of Default" by the
Vikings:
(i)
if the Vikings fail to pay any fees or other payments due under this Agreement when those
payments are due, which fees or payments have not been disputed by the Vikings pursuant to
Section 3.D. herein, and such failure continues after receipt of written notice from University for
a period of 20 days;
(ii)
if the Vikings fail to comply with any other provisions of this Agreement (excepting the
provisions resulting in a Health and Safety Default, which are addressed below), and such failure
continues after receipt of written notice from University for a period of 30 days; or
(iii)
if the Vikings make an assignment for the benefit of creditors, or initiate voluntary proceedings
under any bankruptcy or insolvency law or law for the relief of debtors, or if there are any such
proceedings initiated against the Vikings which are not dismissed within 60 days.
Upon an Event of Default by the Vikings, University shall be entitled to prevent the Vikings from
accessing or using the Facilities and/or require the Vikings to vacate the Facilities and to exercise all legal
or equitable remedies available to University, including, without limitation, termination of this
Agreement. In addition, if the Vikings fail to comply with any provision of this Agreement, which failure
results, in University’s sole and reasonable discretion, in a situation that threatens human health or safety
or endangers property ("Health and Safety Default"), if the Vikings do not immediately commence to
cure such failure after notice (which may be given orally, by telephone or otherwise), University is
entitled to take action to cure such failure or otherwise ensure the safety of persons and property and
charge the Vikings for costs of the same, in addition to the foregoing remedies for an Event of Default.
The Vikings shall pay to University all of University’s damages, costs and fees, including reasonable
attorneys’ fees, arising out of the Vikings’ failure to comply with the terms and conditions of this
Agreement.
B. University Event of Default. The following will constitute an "Event of Default" by University: if
University fails to comply with any provision of this Agreement, and such failure continues after 30 days
written notice by the Vikings. Upon an Event of Default by University, the Vikings shall be entitled to
exercise all legal or equitable remedies available to the Vikings, including, without limitation, termination of
this Agreement.
24. Dispute Resolution Process. If a dispute arises out of or in connection with this Agreement:
(i)
(ii)
(iii)
(iv)
the disputing party shall provide written notice to the other party, setting out the matters giving
rise to the dispute and the relief sought ("Dispute Notice");
within 20 calendar days of receiving the Dispute Notice, the recipient shall provide a written
reply to the disputing party, setting out the recipient’s response to the matters set out in the
Dispute Notice and any additional matters the recipient considers relevant ("Reply");
the parties shall, in good faith, seek to resolve the dispute within 30 days after the date on which
the disputing party received the Reply, including by involving senior management and in-house
counsel of both parties;
if the dispute is not resolved within the 30-day period noted above, the parties agree to nonbinding mediation conducted by a mediator mutually agreeable to the parties. The parties will
equally share the cost of the mediation service, but each party shall bear its own costs, including,
but not limited to, attorneys’ fees, in conjunction with the mediation proceeding.
20
The provisions of this Section 24 shall not affect a party’s rights to initiate court proceedings if the
dispute is not resolved, provided that the dispute resolution process in this section has been exhausted. In
addition, the provisions of this Section 24 shall not affect a party’s rights to serve a notice of default to
the other party under Section 23; provided, however, if the party to whom the default notice is served
disputes such default in good faith and provides a Dispute Notice to other party, the cure period under
Section 23 shall be tolled until the dispute resolution process under this section has been exhausted.
25. License Only; Relationship of the Parties. The Vikings acknowledge that this Agreement represents a grant
of a revocable license only, and not an easement or lease. Nothing in this Agreement shall be construed as
creating any joint venture, partnership or agency relationship between the parties for any purpose whatsoever
or as constituting either party as the legal representative, guarantor, surety or agent of the other. The parties
are independent contractors of each other. Neither party shall have the right or authority to assume, create or
incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the
other.
26. Limitation of Liability. IN NO EVENT SHALL UNIVERSITY BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL, LOST PROFITS OR LIKE EXPECTANCY DAMAGES ARISING
OUT OF THIS AGREEMENT, PROVIDED THAT THE FOREGOING SHALL NOT APPLY TO
UNIVERSITY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 18.B., IN WHICH CASE THE
LIMITS OF THE MINNESOTA TORT CLAIMS ACT SHALL APPLY. UNIVERSITY’S TOTAL
LIABILITY FOR BREACH OF THIS AGREEMENT IS THE TOTAL OF THE FEES PAYABLE BY THE
VIKINGS (EXCLUDING THE REIMBURSEABLE EXPENSES) AS SET FORTH IN SECTION 3 OF
THIS AGREEMENT, PROVIDED THAT THE FOREGOING SHALL NOT APPLY TO BREACHES OF
UNIVERSITY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 18.B., IN WHICH CASE THE
LIMITS OF THE MINNESOTA TORT CLAIMS ACT SHALL APPLY.
27. Personal Property. Except to the extent caused by the willful misconduct or gross negligence of University,
University is not responsible for loss of or damage to any personal property of the Vikings, its guests, agents,
employees or invitees, brought into the Facilities or onto University property in connection with the Games.
Except for personal property stored in the Storage Space, University has the right to remove, place in storage
or dispose of any such personal property left in the Facilities or elsewhere on University property following
the Games at the Vikings’ sole expense, provided that University shall advise the Vikings in writing of any
such expenses to be incurred to allow the Vikings to avoid such expense and take charge of such personal
property. The Vikings’ obligation to remove personal property at the end of each Game Day Period is set
forth in Section 21.13.
28. Copyright Representation and Release. The Vikings represent that copies of presentation materials it
provides to University for copying and/or distribution to attendees, as well as all materials that the Vikings
present using University multimedia equipment at the Games, will be legal copies and that the Vikings have
the right to make this use of the materials either because the Vikings (a) own the copyright; (b) have written
permission of the copyright owner(s) for this use; (c) reasonably believes such use to be fair use pursuant to
17 United State Code § 107, Limitations on exclusive rights: Fair use, or (d) reasonably believe the material
to be in the public domain. The Vikings further represent that copyright notices have not been altered and that
required attributions are made. The Vikings release and shall defend, indemnify and hold harmless University,
its Regents, officers, employees and agents from claims of copyright infringement related to Vikings’
presentation materials.
29. Alterations; Liens. Except for Facility Improvement Items approved and completed by University, the
Vikings shall not make or permit any improvements or alterations to the Facilities. The Vikings shall not
21
permit to accrue, and shall defend and indemnify University against and hold University harmless from, any
liens for labor or materials provided to the Vikings, or claimed to have been so provided.
30. Force Majeure Event. If the TCF Bank Stadium becomes unavailable for a Game, or a Game is otherwise
unable to proceed, because of an act of God, act of nature, national emergency, war, terrorism or threat
thereof, civil disorder, labor dispute, failure of public utilities, fire, weather-related damage, casualty,
mechanical failure, order of government authorities, or other cause beyond the reasonable control of the
parties (a "Force Majeure Event"), then (a) the Vikings shall pay to University the Game Day Expenses
incurred by University (or for which University then is and will unavoidably remain committed) up to that
time, together with any additional Game Day Expenses incurred by University to vacate the Facilities and
clean and restore the same pursuant to its customary operations; and (b) a proportional and equitable share of
the Reserved Parking Fee and Game Fee, if a Game has commenced (no Reserved Parking Fee or Game Day
Fee or any portion thereof will be due if a Game has not commenced), and the parties shall otherwise be
excused from performance under this Agreement with respect to said Game(s). For avoidance of doubt, the
Vikings shall remain liable to pay all Facility Improvement Expenses.
31. Notices. All notices, approvals, requests, consents and other communications required or elected to be given
hereunder must be in writing and shall be delivered personally, or by facsimile or electronic mail (provided
such delivery is confirmed), or by a recognized overnight courier service or by United States mail, first-class,
certified or registered, postage prepaid, return receipt requested, to the other party at its address set forth
below or to such other address as such party may designate by notice given pursuant to this section.
University of Minnesota
Department of Intercollegiate Athletics
Attn: Scott Ellison, Associate Athletics Director
TCF Bank Stadium
420 23rd Avenue SE
Minneapolis, MN 55455
Facsimile No.: (612) 624-5677
Email: e1lis004@umn.edu
do
With a copy to:
University of Minnesota
do Real Estate Office
Attn: Leasing Manager
424 Donhowe Building
31915th Avenue SE
Minneapolis, MN 55455-0199
Facsimile No.: (612) 624-6345
Email: reo@umn.edu
With a copy to:
University of Minnesota
Attn: Pamela Wheelock, Vice President of University Services
Room 317 Morrill Hall
100 Church Street SE
Minneapolis, MN 55455
Facsimile No.: (612) 626-2278
Email: wheelock@umn.edu
22
With a copy of University of Minnesota
default notices to:
Office of the General Counsel
Attn: Transactional Law Services Group
360 McNamara Alumni Center
200 Oak Street SE
Minneapolis, MN 55455-2006
Facsimile No.: (612) 626-9624
Email: contracts@mail.ogc.umn.edu
If to Vikings:
Minnesota Vikings Football, LLC
Attn: Kevin Warren, Esq.
Vice President of Legal Affairs & Chief Administrative Officer
9520 Viking Drive
Eden Prairie, MN 55344
Facsimile No. (952) 828-6514
Email: warrenk@vikings.nfl.net
With a copy to:
Minnesota Vikings Football, LLC
Attn: Steven D. Poppen
Vice President of Finance & Chief Financial Officer
9520 Vikings Drive
Eden Prairie, MN 55344
Facsimile No: (952) 828-6514
Email: poppens@vikings.nfl.net
With a copy to:
Minnesota Vikings Football, LLC
Attn: Steve LaCroix
Vice President of Sales & Marketing/Chief Marketing Officer
9520 Vikings Drive
Eden Prairie, MN 55344
Facsimile No. (952)-828-6514
Email: Lacroixs@vikings.nfl.net
With a copy to:
Briggs and Morgan, P.A.
Attn: Michael J. Grimes and Brian D. Wenger
2200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
Facsimile No. (612) 977-8650
Email: mgrimesbrigs .com; bwenger@briggs.com
32, Amendments; No Assignment. This Agreement may be amended only in a writing executed by all the
parties to this Agreement. University shall not assign its rights under this Agreement without the prior written
consent of the Vikings. The Vikings shall not assign or transfer its rights under this Agreement without the
prior written consent of University. Provided no Event of Default has occurred, University agrees not to
withhold its consent to the assignment of (i) any of the obligations of the Vikings under this Agreement to a
related entity of the Vikings, or a third party with common beneficial or equity ownership with the Vikings
(including trusts or other entities established for the benefit of one or more members of the Vikings’
ownership or one or more family members of the Vikings’ ownership) and/or (ii) the right of the Vikings to
receive revenues under this Agreement to a related entity of the Vikings or a third party with common
beneficial or equity ownership with the Vikings (including trusts or other entities established for the benefit of
23
one or more members of the Vikings’ ownership or one or more family members of the Vikings’ ownership);
provided, however, that (i) the assignment to the assignee shall not violate, or create any potential violation of
Applicable Laws; (ii) the assignee shall provide such information about the assignee’s financial and
reputational status as may be requested by University to assure University that the assignee can satisfy the
obligations of the Vikings under this Agreement; and (iii) the assignee shall assume in writing the obligations
of the Vikings under this Agreement. Notwithstanding any assignment, the Vikings shall remain fully liable
for the performance of all obligations under this Agreement and shall not be released from its obligations
under this Agreement. Consent by University to any assignment shall not waive the necessity for consent to
any subsequent assignment. If any of the obligations of the Vikings is assigned, University may collect
payment from the assignee and apply the same to the payments owed by the Vikings under this Agreement,
but no such assignment and collection of payments shall be deemed a waiver of this section or the acceptance
of the assignee, or a release of the Vikings from the performance of any covenants on the part of the Vikings
contained in this Agreement.
33. Non-Waiver. No waiver by any party of a default or non-performance by the other party shall be deemed a
waiver of any subsequent default or non-performance.
34. Governing Law; Forum. The laws of the state of Minnesota govern the validity, construction and
enforceability of this Agreement. Suits, actions, claims and causes of action relating to the construction,
validity, performance and enforcement of this Agreement may be brought only in the state courts of
Minnesota.
35. Entire Agreement. This Agreement (including all exhibits) is intended by the parties as the final and binding
expression of their agreement and as the complete and exclusive statement of its terms. The Recitals hereto
are incorporated by reference herein as essential terms of this Agreement. This Agreement supersedes all
prior negotiations, representations and agreements between the parties, whether oral or written, relating to the
subject matter of this Agreement.
36. NFL Obligations of Vikings. University is aware that the Vikings are required to comply with the following:
(i)
the NFL Constitution;
(ii)
the NFL Bylaws;
(iii)
the other rules, regulations and policies of the NFL and the resolutions of its Board of Governors;
(iv)
collective bargaining agreement to which the NFL or any member club is a party;
(v)
consent decrees and settlement agreements entered into between or among the NFL and its
member clubs (or the NFL, NFL member clubs and/or other persons) in furtherance of NFL
business or interests or as otherwise authorized directly or indirectly by the NFL Board of
Governors, the NFL Commissioner, or the NFL Constitution;
(vi)
national network agreements between the NFL and third parties; and
(vii)
national corporate marketing, licensing, sponsorship or similar agreements between the NFL (or
NFL affiliates) and third parties, all as the same may now exist or hereafter be amended or
enacted or as they may be interpreted by the Commissioner of the NFL.
The foregoing, however, shall not limit or modify the terms and provision of this Agreement or the Vikings’
obligations hereunder.
24
37. Representations and Warranties. Each party represents and warrants to the other that it has the right and is
duly authorized to enter into this Agreement.
38. Miscellaneous Provisions.
A. Counterparts and Delivery of Electronic Signatures. This Agreement may be executed in any number of
counterparts, each of which will be deemed an original, and all of which together will constitute one single
agreement. The executed counterparts of this Agreement may be delivered by electronic means, such as
email and/or facsimile, and the receiving party may rely on the receipt of such executed counterpart as if the
original had been received.
B. Headings. The headings of sections and paragraphs in this Agreement are for convenience only and do
not affect the construction or interpretation of the Agreement. Each reference herein to "include" or
"including" or "includes" shall be deemed to be followed by the words "without limitation".
C. Severability. If any provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement will not be affected thereby but will continue to be valid and enforceable to the fullest extent
permitted by law.
D. Survival. After expiration or termination of this Agreement, all provisions relating to payment of amounts
previously accrued will survive until completion of required payments. In addition to those provisions which
specifically provide for survival beyond expiration or termination, all provisions, if any, regarding ownership,
indemnification, warranty, liability and limits thereon or which by implication were intended to continue, will
survive until fulfilled.
E. Vikings Assets. The University shall look only to the limited liability assets of the Vikings and not to the
assets of any partner or other person, including without limitation the Vikings general partner and Vikings
owner for the satisfaction of any obligation or debt under this Agreement.
F. Vikings’ Responsibility for Costs. The costs and expenses to the Vikings for the use of the TCF Bank
Stadium shall be chargeable to the New Vikings Stadium project costs and expenses to the extent provided in
that certain Preliminary Development Agreement by and between Minnesota Sports Facility Authority
("Authority") and the Vikings dated as of December 7, 2012, and pursuant to any other agreement between
the Vikings and the Authority. Notwithstanding anything to the contrary in this Agreement, the Vikings shall
be fully responsible for timely payment of all fees, costs, expenses, charges and payments set forth in this
Agreement (collectively, "Costs"), regardless of whether the Costs are chargeable to the New Vikings
Stadium project costs and expenses or are authorized under the New Vikings Stadium project budget.
,
39. Exhibits. The terms and conditions of Exhibits A, A-i,
, A-4, B, Q, D, E, f and G attached to this
Agreement are made a part of this Agreement as if fully set forth in this Agreement. The Agreement and
attached Exhibits are intended to be read together as a whole. In the event of a conflict between their terms,
they shall be interpreted to give maximum effect to each. All capitalized terms in any Exhibit(s) that are not
specifically defined in such Exhibit(s) shall have the meanings given them in this Agreement.
40. Best Efforts. Whenever the term "best efforts" is used in this Agreement, the effort required shall not be
deemed an absolute covenant of the party charged with the obligation. The term "best efforts," however, shall
require not less than that application of the party’s skill, training, and experience, and dedication of the party’s
resources and assets the party applies and dedicates to achieve the most important goals and mission of the
party.
41. Agreement Representatives. Each party shall designate and maintain an Agreement Representative for the
duration of the Use Period. The Agreement Representatives will serve as the initial contacts for questions and
25
concerns relating to the Agreement and will facilitate communication between the parties. Pamela Wheelock,
whose contact information is listed in Section 31, is designated as University’s Agreement Representative,
and Kevin Warren, whose contact information is listed in Section 31, is designated as the Vikings’
Agreement Representative. Each party may replace its Agreement Representative at its discretion, provided
that it provides the other with prompt notice of any such replacement.
42. Termination. The Vikings and the Minnesota Sports Facilities Authority ("Authority") entered into a
preliminary development agreement as of December 7, 2012 (the "Preliminary Development Agreement"),
which agreement, as amended, addresses the relationship between the Authority and the Vikings regarding the
design and pre-construction matters for the proposed New Vikings Stadium. The Vikings, or an affiliate, and
the Authority contemplate entering into a development agreement related to the development and construction
of the New Vikings Stadium (the "Development Agreement"). If, prior to any Games played by the Vikings
in the TCF Bank Stadium, (i) the Preliminary Development Agreement is terminated without a Development
Agreement being executed or (ii) the Development Agreement is subsequently terminated, then this
Agreement shall also terminate upon receipt by University of notice of termination by the Vikings (the
"Termination Date"). On the Termination Date, the rights and obligations of the parties under this
Agreement shall cease, subject to the provisions of Section 38.D. and the Vikings’ and University’s
obligations under this Section 42. Within 30 days following the Termination Date, the Vikings shall pay to
University all Costs incurred in accordance with this Agreement prior to the Termination Date (or for which
University then is and will unavoidably remain committed). University shall return to the Vikings all deposits
and other funds it received from the Vikings that University (i) has not expended or unavoidably committed
itself to expend, or (ii) are not otherwise owed to University pursuant to the terms of this Agreement. Any
dispute between the Vikings and University regarding amounts owed under this Section 42 shall be resolved
pursuant to the dispute resolution process in Section 24.
43. Acceptance. The submission of this Agreement to the Vikings represents a reservation of the Facilities for the
Use Period and an offer by University for the Vikings’ use of the Facilities. This offer may be accepted by the
Vikings by returning a copy of this Agreement signed on behalf of the Vikings, together with the Pre-Design
Funds deposit required by Section 4.B. This offer and the reservation of the Facilities expire if University has
not received the signed Agreement and the Pre-Design Funds by 5 p.m. Central Standard Time on April 26,
2013, whereupon neither University nor the Vikings will have any further obligations to the other with respect
to the use of the Facilities described herein.
[Signatures on following page
26
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Accepted and agreed:
Minnesota Vikings Football, LLC
Regents of the University of Minnesota
By:
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27
EXHIBIT A
STADIUM FACILITIES LICENSED TO THE VIKINGS
TCF Bank Stadium Site
Area bounded by University Avenue, Oak Street SE, 6th Street SE and 23rd Avenue SE,
exclusive of the 2221 Building.
TCF Bank Stadium
000 Level
Service concourse
Elevators (co-use by Vikings and Stadium operations/ARAMARK staff)
Premium Entrance
Ticket Office
Hall of Fame
M-Club (except bar area; finishing kitchen/storage space)
Home Team Complex, including training rooms, locker rooms, equipment room,
training table room (Vikings’use for food-related events only), interview room,
coaches suite, recruiting room
Media pass gate located inside of Dodge County entrance
Loading dock
Marshaling Area, including officials’ locker rooms, x-ray exam room, ramps and
access points from the exterior of the building to marshaling as well as from the
field to marshaling Excludes computer/check-in area designated as exclusive use
by ARAMARK.)
Band Complex, excluding instrument storage, equipment storage, instrument
repair, library, archives room, and office area. Includes use of large rehearsal hall
and smaller ensemble rehearsal rooms as agreed upon between the VIKINGS and
UNIVERSITY
Visiting Team Complex including training rooms, locker rooms, equipment room,
interview room
Auxiliary Locker Room Complex
North Storage Space and Marshalling Storage Space ("Storage Space"),
addressed under separate agreement.
100 Level
Main Concourse (except space utilized by Gopher Game Day portable
concessionaires)
Restrooms
Guest Services Rooms
First Aid Rooms
200 Level
Excluded from agreement
300 Level
All except areas designated as exclusive use by ARAMARK
400 Level
All, excluding unfinished spaces (subject to rights of Premium Seat Holders and
areas designated as exclusive use by ARAMARK)
500 Level
All (subject to rights of Premium Seat Holders). Excludes areas designated as
exclusive use by ARAMARK.
600 Level
All, except for suites reserved for University use
The following suites are reserved for University use:
Athletic Director Suite
Athletic Development Suite
Excludes areas designated as exclusive use by ARAMARK
Includes shared use of the Command Center and the Videoboard Control Room
Bowl
All upper and lower
Mariucci Arena
Club Room, depending on availability
Williams Arena
Club Room, depending on availability
Reserved Parking
As negotiated between the parties
South Lawn Area
Area for tents with location and sizes TBD
LEVEL 000
SERVICE LEVEL
STORAGE SPACE
1
4
LI.
-4
- C
Rocroilino Rom
Gopher Locker Room
Home Team LockerRoom -Indioidoollool,ero)170)
000 Room
HomeMediolniev,
Nome leomLookerRoom-Cooclre,LookerRoom
NeodC0ocheLookorRoom
P-1 Rom
Kitchen
T.orrringToble
Exam R
0
000rm
018 ol Locker Roo (2)
Morcho))rflg Area
Enrry Sole ond Entry Pioco
001
002
003
004
005
006
0070 0078
008
009
010
011
017
013
014
015
016
c
[10808) 03’A
0176 0368
0304t
a
0T
Jm_S1’
1
MARSHALLING
STORAGE
SPACE
020
338
318\ 0000
0320
032
___
U,
HomeTe00
i:L:::JL
’$\
/
8
CE
03S 0
-
WtPl000
Entry Gate (PenrromEntry)
Hall of Fame
iOCo,e
M.Cho5000re
Stadium TickerOff, ce
H
7
Locker R
0
Rom
Home Team Locker Room - Hydro Room
Oommg Room
ST
MEP
1
1
I
VertocolCrrco(olron
VIKINGS
--
-
-o
-
______
022
001
018
010 024
Oporolrono/Slorogelsopporl
023
RelOVfllke0n9/GoeolSo,or000
f(
020
Food
00
/
071A 0718
022
023
I
0
/
0
- /
00 1
’’
.
000iorlin .offl000
firy
Room
08 76
v snors Locker Rom
V
9 learn Locker Room Coaches 100te Room (2)
Violtlrrg Team lock00 Room -Troorog Room )2)
Vrtrr,ngTeom locker Room - loom Room (2)
vrriling Team Locker 900rn- Equipment Roor,r/2)
VoiriflgTeOnrLOckel000m-)oditrdool Lockers (800)
Aoorkory locker Room
Aoohory
r Locke
Room (2)
Aooillory Locker Room - CoCheo Locker Roorn)2)
000(507 Locker Room - (ndivrdool Lock000 )App ,00.R0)
029
1(>
RIB
031A 0316
0374 0028
0336 08-30
0100
coo
035
0360 0068
0374 0376
038
011
/
,i,.L_
I,
811
-
Ql7"
\l0
’
Futore Doo&opment
01
014
-
060
l) ,
010
33
r-
(I
Uoxc0001ndJUfl000blr
LEVEL 100
MAIN CONCOURSE
7
VIKINGS GUEST SERVICES
Mn
Ro3102 103 104
1
WESTERN
PLAZA FOR
TEMPORARY
EACHERS
----
:::
/
--
a
-Band
= 1
-VIKINGS GUEST SERVICES
-:
-:
J
---
103
I
odSeve
EST
-
UnexrJUn,b
-
C
33
LEVEL 300
CLUB LEVEL
Home Team
Restrooms
MEP
Verrtcal Circulation
RpraittTicketlng/Gue$t SeruiCes
Band
Stadium Club
301
loud bucolIc
--
-
Lockers lauu,vroirin; officials)
Open to Below
-_
Premium Area
PrensjMedra
Future Oeuelnpmenr
Urrexcauured/Unusable
LEVEL 400
LOGE LEVEL
AINNESOTA
Home Tom
Restrooms
MEP
Vertical Circulation
OpesarmonslStorage/Support
U
Logo Lecl
LogeLOoelLorcnge
. ."."’
w
Band
AL
401
402 403
Food Service
4
Uriloal
JNFINISHED LOGE
SPACE NOT
’AILABLE ON GAME
DAY IN CURRENT
LEV. F FINISH
Retaillticketingfoueet
SUBJECT TO RIGHTS OF PREMIUM
SEAT MOWERS
Lockers laun. visiting, officials)
I)
Open so Below
Premium Area
Peevs/Mndru
Future Development
Unenvauarvd/Unusab)e
1
LEVEL 500
SUITE LEVEL
MINNESOTA
Home Team
a
Restrooms
MEP
Vertical OrCuIatron
Operations/Storage/Support
Svrte Level
Head C her Office and SoOn
Suite Leon! Lounge l4)
a
501
502
503 504 505 506
Retail/TiokerirvgfDuevr Services
Band
Food Service
-- Lockers lace, visitIng. officials!
Open IV Below
"I
Premrurn Area
L_i
Future Development
600
LEVEL
PRESS LEVEL
MINNESOTA
HomeTeam
:;
Pr et Level
President’s Suite
Athletics Development Suite
Athletic Directors Suite
indoor Club Roo
Home Audio Booth
Home Couches booth
Team Cumera Booth
TeioourOn Booth
Visiting Couches Booth
Visiting RAdiO Booth
StvtBnoth
PA. Bootir iVldeo i Scombourd Booth
Replay Booth
Ofhoiuis Booth
Secorlty Command Booth
Game Management Booth
Aoomliaryoudmo Booth l2l
Visiting AD. Booth
a
601
602
003
604
685
606
607
608
603
610
611
612
613
614
615
616
617
618 610
620
U)
Vertical Circulation
Opnratcons/SrorugeiSupport
Retamlftioketing/Guett Serorts
96
z
z
z
[8u0d
ca
Food Serroce
Locker, Duo. nIslriO
-
Open to Below
S 1256 IN ABLABOAS
’THOSE DESIGNATE
LUS"I USE BY
,
.IC DFPARTME
PLANASROO
H
1IKIN6S USE
0.6210
603
604
_L.ai JE1J1
6V451
00
lB
06
61
12
69
607
600
611
b13 615 017
[ADUSiiiEENTHE
VIKINGS AND UNIVERSITYCOMMAND CENTER
\
SHARED USE BETWEEN THE
VIKINGS AND UNIVERSITY
VIDEOBOARD CONTROL.
pificialsl
Exhibit A-2
Exclusive ARAMARK Space in TCF Bank Stadium
Floor
Ground
Ground
Ground
Room #
G180
G160
G155D
Ground
G136
Map Room #
005
No number
NW corner of
101
018
Ground
Ground
Ground
Ground
Ground
G130D
G130C
G130B
G 130
G130
No number
No number
No number
No number
017
Ground
G128
No number
Ground
Ground
G127
G081
No number
No number
Dish room
Storeroom
Office
Office
Kitchen and
coolers/freezers
Cashier marshalling
area
Cash room
Computer station
Ground
Ground
Ground
Ground
First
First
First
First
First
First
First
First
First
First
First
First
First
First
First
First
First
First
First
First
First
First
First
First
Unnumbered
G075A
G023
G006
165
164
162
161
159
155
154
153
152
148
146
145
142
140
134
133
129
127
124
122
118
116
113
111
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
No number
Alcohol storage
Storage
Storage
Storage
Concession
Storage
Concession
Concession
Concession
Concession
Concession
Storage
Concession
Concession
Concession
Storage
Concession
Vending Commissary
Uniform room
Concession
Concession
Concession
Concession
Concession
Concession
Concession
Concession
Concession
Function
M Club
Finishing kitchen
Storage
Training table
Notes
Bar area only
Coffee prep area
Recruiting room
For Vikings’ use for food
events only
Small area immediately west
of G081
Section due east of G075
Exhibit A-2
Exclusive ARAMARK Space in TCF Bank Stadium
First
First
109
Unnumbered
No number
No number
Vending Commissary
Concourse
Third
320E
No number
Third
320F
No number
Third
Unnumbered
301
DQ Club kitchen
/serving bar
DQ Club
kitchen/serving bar
DQ Club room
Third
307
Third
Fourth
Fourth
No number
No number
No number
Corner of 402
Grease cleanout
Pantry
Storage
Loge Cashier station
Corner of 403
Loge Cashier station
Fourth
Fourth
305
424
422 Northwest
corner
Unnumbered
east loge area
409
Unnumbered
No number
No number
Pantry
Upper deck
Fifth
Fifth
540L
540K
Fifth
Fifth
Sixth
540J
540E
670B
505-506
505-506
505-506
505-506
602
Sixth
Sixth
670
640
Storage
Storage
Pantry
Storage
Pres Dining Room
Cubby
Pres Bar area
Bar area
Sixth
640A
Sixth
6301
Sixth
Sixth
630S
610F
Fourth
602
605
Across from
606/607
Across from
609/610
No number
No number
Pantry
Beer Storage
Beer Storage
Press Pantry
Multiple locations for
portable stands
Multiple locations for
portable stands
Multiple locations for
portable stands
Indoor Club Room
Exhibit A-3
Tent Location Space
r
/
\\\
T
TI
\
\\ \-
I I
i1
\\j
_
/ - J’
--II
II:
uuuuiuuiu,,iui.ig
TCF Bank Stadium
University of Minnesota
L J’L,
Twin Cities Campus
WTE§
i’
TTI-
r
-
lok
go
_\
-
-
Al.
s
ca
go
I
TRIBAL NATIONS PLAZA ENHANCEMENTS
LANDSCAPE ADDITIONS
44 2 /2cal River birches
(.2
Candertbd.
6
225 #2 atcant. sivu b
4.400sqftmeadowgrass
3.100 sq ft crushed brick
reconfigure bia-swale plant material
.
r
.
Q.....
I
LEGEND:
-
.
.
LANDSCAPE DELETIONS
14 "Cal
Acolade Elm
70 #2conisb
741#tcant MisCanlhrjS
004 4 cant Block eyed Susan
I
a
--
--c
’- -
9602OO
917.
____________
_c-
-:
o
I
I
\\
LANDSCAPE PLAN
Exhibit B
University Events
University of Minnesota, Athletics
Event Calendar
August 2014
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
State Fair Begins
22
State Fair
23
State Fair
28
29
30
24
25
26
27
TBD-Gopher FB
State Fair
2/15/2012 1:23 PM SE
State Fair
Res Hall Early Move In
State Fair
Ran Hall Early Move In
State Fair
Welcome Week
EMS Professional
State Fair
Welcome Week
State Fair
Welcome Week
State Fair
Welcome Week
Page 1 of
Exhibit B
University Events
Event Calendar
University of Minnesota, Athletics
August 2014
Sunday
Monday
Tuesday
Wednesday
31
State Fair
Welcome Week
Mi
Thursday
Friday
Saturday
Exhibit B
University Events
Event Calendar
University of Minnesota, Athletics
September 2014
Sunday
Monday
Tuesday
1
2
State Fair Ends
First Day of Classes
Thursday
Friday
Saturday
3
4
5
6
Wednesday
Welcome Week
Labor Day
7
a
9
10
11
12
13
TED - Gopher Football
vs. North Carolina
14
15
16
17
18
19
20
TED - Gopher Football
vs. San Jose State
21
22
23
24
25
26
28
29
30
2/1512012 1:24 PM SE
EMS Professional
27
Page 1 of
Exhibit B
University Events
Event Calendar
University of Minnesota, Athletics
October 2014
Sunday
Monday
Tuesday
Thursday
Friday
Saturday
1
2
3
4
Wednesday
5
6
7
8
9
10
11
TED - Gopher Football
no. Northwestern
Homecoming 100 Anniversary
12
13
14
15
16
17
18
TBD - Gopher Football
vs. Michigan
19
20
21
22
23
24
26
27
28
29
30
31
2/1512012 1:24 PM SE
EMS Professional
25
Page 1 of
Exhibit B
University Events
Event Calendar
University of Minnesota, Athletics
November 2014
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
2
3
4
5
6
7
9
Hold for MBB,WBB
10
11
12
13
14
15
16
Hold for MBBM/BB
17
18
19
20
21
22
24
25
26
27
28
23
Saturday
8
TED - Gopher Football
vs. Indiana
29
TBD - Gopher Football
vs. Michigan
Thanksgiving and Floating
Holiday
30
211512012 1:24 PM SE
EMS Professional
IM
Page 1 of
Exhibit B
University Events
Event Calendar
University of Minnesota, Athletics
December 2014
Sunday
7
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
1
2
3
4
5
6
8
9
10
Last Day of Classes
11
Study Day
12
Finals
13
Finals
15
Finals
16
Finals
17
Finals
18
Finals
19
20
22
23
24
25
28
27
29
30
31
Hold for MBBIWBB
14
(Study Day
21
Hold for MBBPJBB
28
2f512012 1:24 PM SE
EMS Professional
LIM
Page I of
Exhibit B
University Events
Event Calendar
University of Minnesota, Athletics
August 2015
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
2
3
4
5
6
7
8
9
15
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
State Fair Begins
30
State Fair
2/15/2012125 Plo! S
28
29
State Fair
State Fair
31
State Fair
Res Hall Early Move In
EMS Professional
Im
Page 1 of 1
Exhibit B
University Events
Event Calendar
University of Minnesota, Athletics
September 2015
Sunday
Monday
Tuesday
1
State Fair
Res Hall Early Move In
Wednesday
2
State Fair
Welcome Week
Thursday
Friday
3
4
State Fair
Welcome Week
State Fair
Welcome Week
Saturday
5
State Fair
Welcome Week
ITBD-Gopher FB
7
State Fair Ends
Welcome Week
Labor Day
8
First Day of Classes
9
10
11
13
14
15
19
17
18
19
TED- 2015 Gopher
Football Game
20
21
22
23
24
25
26
TED- Gopher Football
vs. Ohio
27
28
29
30
5
State Fair
Welcome Week
2/1512012 125 PM SE
EMS Professional
12
Page 1 of 1
Exhibit B
University Events
University of Minnesota, Athletics
Event Calendar
October 2015
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
211512012 1:25 PM SE
EMS Professional
Ilm
Page 1 of
Exhibit B
University Events
Event Calendar
University of Minnesota, Athletics
November 2015
Sunday
Monday
Tuesday
Thursday
Friday
Saturday
1
2
3
4
5
6
7
8
Held for MSB/WBB
9
10
11
12
13
14
15
Hold for MBB/WBB
16
17
18
19
20
21
33
24
25
26
27
28
22
Wednesday
Thanksgiving and Floating
Holiday
29
2/15/2012 1:25 PM SE
30
EMS Professional
B-1O
Page 1 of I
Exhibit B
University Events
University of Minnesota, Athletics
Event Calendar
December 2015
Monday
Sunday
Thursday
Friday
Saturday
1
2
3
4
5
Tuesday
Wednesday
6
Hold for MBB)WBB
1
8
9
10
11
12
13
Hold for MBBfBB-depends on finals
week
14
15
16
17
18
19
Last Day of Finals
classes
20
IStudy Day
27
2/15/2012 1:25 PM SE
101
21
Finals
28
22
23
24
Finals
25
Finals]
26
Finals Last day of finals/semesterl
29
30
EMS Professional
B-Il
31
Page 1 of 1
Exhibit B
University Events
University of Minnesota, Athletics
Event Calendar
August 2016
Monday
Tuesday
Thursday
Friday
Saturday
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
State Fair Begins
26
State Fair
27
State Fair
28
State Fair
29
State Fair
30
State Fair
31
State Fair
Sunday
Res Hall Early move in
2/15/2012 1:26 PM SE
Wednesday
IWelcome Week
EMS Professional
B-12
I
Page 1 of I
Exhibit B
University Events
Event Calendar
University of Minnesota, Athletics
September 2016
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
1
2
3
State Fair
State Fair
Welcome Week-Tentative Welcome Week-Tentative
I T-GoPhe FB
4
State Fair
Welcome Week-Tentative
5
State Fair Ends
Labor Day
6
Welcomw(-Tentative
7
8
9
10
TBD Gopher Football
vs. Indiana State
17
First Day of Classes
Tentative
11
12
13
14
15
16
18
19
20
21
22
23
24
TED Gopher Football
vs. Colorado State
25
2115/20121:26 PM SE
26
27
28
EMS Professional
B-13
29
30
Page 1 of I
Exhibit B
University Events
University of Minnesota, Athletics
Event Calendar
October 2016
Sunday
Monday
Tuesday
2
3
4
9
10
16
17
23
24
30
31
Wednesday
Thursday
Friday
Saturday
5
6
7
8
12
13
14
15
10
19
20
21
22
20
26
27
28
29
B-14
Exhibit B
University Events
November 2016
Sunday
Monday
Thursday
Friday
Saturday
1
2
3
4
5
Tuesday
Wednesday
6
Hold for MBBIWBB
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Hold for MSBIWBB
21
22
23
24
25
26
Thanksgiving and Floating Holiday
27
2115/2012 1:27 PM SE
28
29
30
EMS Professional
B-15
Page 1 of 1
Exhibit B
University Events
Event Calendar
University of Minnesota, Athletics
December 2016
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
2
3
4
Hold for MBBIWBB
5
6
7
8
9
10
11
Hold for MBB!WBB
12
13
14
Last Day of ClassesTentative
15
Study DayTentative
16
FinalsTentative
17
FinalsTentative
18
Study DayTentative
19
FinalsTentative
20
FinalsTentative
21
FinalsTentative
22
Last Day of FinalsLast Day of
SemesterTentative
23
24
25
26
27
28
29
30
31
2/15/2012 1:27 PM SE
EMS Professional
Page 1 of 1
Exhibit B
University Events
Event Calendar
University of Minnesota, Athletics
August 2017
Sunday
Monday
Thursday
Friday
Saturday
1
2
3
4
5
Wednesday
Tuesday
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
State Fair Begins
27
State Fair
2112/2013 12:41 PM SE
28
State Fair
Res Hall Early Move In
30
29
State Fair
Res Hall Early Move In
State Fair
Welcome Week
EMS Professional
B-17
State Fair
State Fair
31
8:00 AM Hold Gopher Football
State Fair
Welcome Week
Page 1 oft
Exhibit B
University Events
Event Calendar
University of Minnesota, Athletics
September 2017
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
1
State Fair
Welcome Week
3
State Fair
Welcome Week
4
State Fair Ends
Labor Day
5
First Day of Classes
12
6
7
8
5:00AM Maintenance
13
14
15
5:00AM Maintenance
Saturday
2
State Fair
Welcome Week
9
500 AM Gopher Football
vs. Oregon State
16
10
5:00 AM Maintenance
11
17
5:00 AM Maintenance
18
19
20
21
22
23
8:00 AM Hold for Gopher
Football
25
26
27
28
29
30
8:00 AM Hold for Gopher
Football
24
2/12/2013 12:41 PM SE
EMS Professional
B-18
5:00AM Gopher Football
vs. Middle Tennessee
State
Page 1 of 1
Exhibit B
University Events
Event Calendar
University of Minnesota, Athletics
October 2017
Saturday
Sunday
Monday
Tuesday
Thursday
Friday
1
2
3
4
S
6
7
8:00 AM Hold for Gopher
Football
8
9
10
11
12
13
14
8:00 AM Hold for Gopher
Football
15
16
17
18
19
20
21
8:00 AM Hold for Gopher
Football
22
23
24
25
26
27
28
8:00 AM Hold for Gopher
Football
29
30
31
2/1212013 12:41 PM SE
Wednesday
EMS Professional
Page 1 of 1
Exhibit B
University Events
Event Calendar
University of Minnesota, Athletics
November 2017
Sunday
5
12:00 PM MBB and
WBB Hold
12
19
12:00 PM MBB and
WBB Hold
26
2112/2013 12:41 PM SE
Monday
Tuesday
Saturday
Thursday
Friday
1
2
3
4
8:00 AM Hold for Gopher
Football
Wednesday
6
7
8
9
10
11
8:00 AM Hold for Gopher
Football
13
14
15
16
17
18
8:00 AM Hold for Gopher
Football
20
21
22
27
28
29
EMS Professional
:1
23
Thanksgiving Holiday
24
Floating Holiday
25
8:00 AM Hold for Gopher
Football
30
Page 1 of 1
Exhibit B
University Events
Event Calendar
University of Minnesota, Athletics
December 2017
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
1
4
5
6
11
12
13
Last Day of Classes
17
Study Day
18
Finals
19
Finals
20
Finals
24
26
26
27
3
10
12:00 PM MEB and
WBB Hold
2112f2013 12:41 PM SE
EMS Professional
B-21
7
14
Study Day
21
Last Day of Finals
Last Day of Semester
28
8
Saturday
2
8:00 AM Hold for Gopher
Football
9
15
Finals
16
Finals
22
23
29
30
Page 1 of 2
Exhibit B
University Events
Event Calendar
University of Minnesota, Athletics
December 2017
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
12:00 PM MBB and
WEB Hold
2/1212013 12:41 PM SE
EMS Professional
B-22
Page 2 of 2
Exhibit C
TCF Bank Stadium Facility Improvement Estimated Expenses
Capital Improvements
Explanation
Ownership post Vikings
Agreed upon design & technology that ensures optimal field
X Heated Field Turf
TBD & player safety conditions during winter play.
25,000 Modify to meet NFL requirements. Quanity and scope TBD.
University
University
X Video Platform Modifications
$
X Hospitality - Beer/Vending Commissaries Build-out
$
100,000 Build-out and equip 4 commissaries.
University
x
$
100,000 Re-engineer equipment and menus.
University
Concessions: Re-engineering Concession Stands
-
Concessions: Warming Huts
Add 4 warming destinations on concourse.
University
Add to plumbing to provide ability to function in cold
X
500,000 weather.
$
Heat Trace Pipe
University
Convert temporary heaters to permanent heaters in
Gas Piping - Expand Gas Service
concession stands.
University
Provide additional insulation in areas around Stadium as
X
150,000 needed per investigation.
$
Additional Insulation
University
Build-out entombed space on north side of Stadium for
X
North End / Entombed Space Build-out
X
Design and Softcosts
x
Contingency
350,000 storage during Vikings games.
$
$
Capital Improvement Total
1,000,000
$
500,000
$
2,725,000
$
1,310,000 sale. Additional condiment cards.
Additional alcohol, concessions & retail/clothing points of
Portables
Equipment (football; coffee/hot chocolate; warehouse
transport); Ticket Office; Trailers (storage;kitchen production);
Uniforms; Menu Boards; Radios; Smallwares; Facility
Non-Capital
$
Total $
Build-out 4th level Loge lounge
1,542,500 damage/restoration.)
5,577,500
-
X Replace field turf with new turf
725,000
X Video Platforms (line 4) additional cost
Beer keg lines - service to concession level & coolers
X Camera platform conduit & fiber run
Capital Improvement Total with Additional Items $
X
50,000
46,230
3,546,230
Required Improvements in order to provide game day service and building operations to the Vikings on game day.
University
University of Minnesota
Exhibit 0 ProForma Vikings Game Day Expenses
as of February 13, 2013
Estimated Game Day Expenses
Vikings
Average Cost
per Game
Number of
Games
Vikings Cost
perSeason
before Sales
Tax
as of 2/13/13
Vikings Total
Vikings Total
Taxable Nontaxable
Cost per
Season
Additions
Subtractions
Cost per
Season
Organization:
Building Operations:
Athletics Building Operations:
Networking/Telecornm-season setup
1
NT
Elevator/Escalator Staff
10
NT
Stadium Set Up/Tear Down (bollards/bike rack/field painting, etc.)
10
NT
Operations Staff-Game Adrnin/Field Crew/Gen. Mech./Student Laborer
10
NT
Misc Expenses )food for working staff, etc.)
10
I
Temporary Seat Back-removal/reinstall for Gopher games
S
NT
Building permits
1
NT
X-ray techs/niachine
10
T
Radio Rentals- Bearcom
10
T
City of MPLS- Meter Hooding
10
NT
Perimeter Security Concrete Barricades on Oak Street - Highway Technologies
Other - Expenses
Total Building Setup/Tear Down
1
NT
10
TBD
37,076
348,891
Cleaning - Williams/Mariucci Arena
10
T
Cleaning - Stadium bowl
10
T
Cleaning-Public Restrooms (includes game coverage)
10
T
Cleaning-Premium areas (includes game coverage)
10
I
Housekeeping during game
10
I
Band Space-Staff for set up/tear down/restore for band use
4
NT
Concession Plexi-glass install/removal
2
NT
Building Prep-Wall Pads/Goal Posts/Kicking Nets/Trash Cans/Dumpsters-50/50 split
2
NT
10
NT
1
NT
Gate set up-CSC and building staff
Larger capacity dish machine
Locks on suite cabinets for alcohol storage (one time cost)
43
NT
Custodial supplies
10
TBD
Total Cleaning Housekeeping Expense
39,791
375,890
Landcare Staff
10
NI
Waste/Recycling Staffing
10
NT
Equipment - Waste/Recycling
10
I
Equipment - Portable Toilets-Tailgate
10
I
Equipment - Portable Toilets-in Stadium trailers vs. port a johns
10
I
Waste/Recycling Supplies
10
NT
Landcare Supplies
Total Waste
I Recycling Equipment and Staffing
10
49,167
349.757
-
-
349,757
397,900
-
-
397,900
491,668
-
-
491,668
NT
471.220
4/4/2013 1:01 PM
University of Minnesota
Exhibit D ProForma Vikings Game Day Expenses
Estimated Game Day Expenses
as of February 13, 2013
Vikings
Average Cost
per Game
Number of
Games
Vikings Cost
per Season
before Sales
Tax
Taxable Nontaxable
Vikings Total
Cost per
Season
as of 2/13/13
Vikings Total
Additions
Subtractions
Cost per
Season
Building Operations Cont.:
Salt, Supplies
4
NT
Heated benches/heaters for kickers
1
T
Propane for Benches
4
T
Temp Heat-Equipment/Supplies/Staffing for marshalling/lobbies/vestibules
4
NT
Snow Removal
4
NT
Snow Removal-Equipment Repair and Rental
4
NT
Winterization-post season-inscremental costs to the Vikings
Total Winterizing / Snow Removal
NT
1
Other - Expenses
10
46,260
TBD
457,000
New Vikings specific signs-room signs/gate signs/directional signs
1
Building signage-install Vikings signs as needed/directed
10
T
Traffic Control Electronic Signage
10
NT
Total Signage
10,364
10
Utilities-field heat
4
Total Utilities
Bleacher Rental-2,134 seats in West Plaza
Total Bleacher Rental
Total Building Operations
-
462,598
103,639
-
-
103,639
140,108
-
-
140,108
T
T
130,000
14,011
-
1
98,196
Utilities-game day
462,598
1
T
56,043
520,000
560,430
-
-
560,430
252,712
2,401,197
2,506.100
-
-
2,506.100
106,360
-
-
106,360
905,250
-
-
905250
Game Production/Marketing:
Electronic Design-Sound system operation
10
Video Operators-ICA Staff
10
NT
1
NT
Keyframe-content development
Daktronics Event - Technical Support
Total Game Production/Marketing
NT
NT
10
10,636
106,360
Event Management Operations:
Parking-Non FT U of M working staff
10
1
EMT’s
10
NT
Contracted Ushering-Williams/Mariucci Arenas Game Day
10
NT
Contracted Ushering/Ticket Taking-Game Day
10
NT
Contracted Security/24/7-per NFL Lock down
10
Credentials - Vikings
0___
Total Event Management Operations
90,525
1
T
899,100
Communication/ Event Staff, Ticketing Operations
Coach Comm Set up/operation
10
Bearcom Communications - walkie talkie rental
10
1
Event Staff - Salary & Fringe
10
NT
Ticket Manifesting/Preparation/Parking Pre-Sale
Total Communication / Event Staff/ Ticketing Operations
Total Event Management Operations
NT
NT
1
10,983
107,500
109,833
-
-
109,833
101,508
1,006,600
1,015,083
-
-
1,015,083
2
4/4/2013 1:01 PM
University of Minnesota
Exhibit D ProForma Vikings Game Day Expenses
Estimated Game Day Expenses
as of February 13, 2013
Vikings
Average Cost
per Game
Number of
Games
Vikings Cost
per Season
before Sales
Tax
as of 2/13/13
Vikings Total
Vikings Total
Taxable Nontaxable
Cost per
Season
Additions
Subtractions
Cost per
Season
UMN Safety and Security:
UMN Police Department Coverage:
Police Administrative Oversight
10
NT
Officers-UMPD
10
NT
Officers-Part Time-IJMPD
10
T
Traffic Enforcement Officer- IJMPD
10
NT
Community Service Officer
10
NT
UMPD Dispatch
10
NT
Dispatcher: Stadium
10
NT
Total UMN Police Department Coverage
63,426
612,520
634,263
-
634,263
15,468
-
15,468
Emergency Management Coverage:
Emergency Mgmt Administrative Oversight
Emergency Mgmt Game Day Coverage
Total Emergency Management Coverage:
1
NT
10
NT
15,468
1,547
Safety and Security
1
NT
CCTV Monitor
10
NT
MPD Traffic Control
10
NT
MPD Bomb Dogs
10
T
MPD Bomb Techs
10
Hennepin Co. Sheriff’s Transport
10
Public Safety Emergency Command Center - 911 Administrative Oversight
Total Safety and Security
Total UMN Safety and Security
T
NT
9,475
92,716
94,738
-
94,738
74,448
720,704
744,468
-
744,468
3
4/4/2013 1:01 PM
University of Minnesota
Exhibit 0 ProForma Vikings Game Day Expenses
Estimated Game Day Expenses
as of February 13, 2013
Vikings
Average Cost
per Game
Number of
Games
Vikings Cost
per Season
before Sales
Tax
as of 2/13/13
Vikings Total
Vikings Total
Taxable Nontaxable
Cost per
Season
Cost per
Additions
Subtractions
Season
Parking and Transportation Services:
Reserved Parking, trailers, storage, National Broadcast game, etc.
10
Ini. Tax
*500 reserved spaces at $40/game
Total Parking and Transportation Services
20,000
200,000
200,000
-
-
200,000
140,868
-
-
140,868
236,790
-
-
236,790
40,950
-
-
40,950
211,239
.
-
211.239
5,201,857
-
-
5,201,857
Facilities Management and Landcare:
Administrative Oversight
10
NT
Carpenter (1)
10
NT
Electrician (3)
10
NT
Plumber (3)
10
NT
NT
Mechanic (2)
10
Food-for staff outside of stadium on game day
10
T
Sign Shop Supplies
10
NT
Sign shop Staffing
10
NT
Equipment -Sign Shop
10
Total Facilities Management and Landcare
NT
140,481
14,087
Concessions Premium Food Service
Food inspectors
10
NT
Contract Administration
10
NT
Cash Register Rental-one additional month
1
NT
Portables for food/beverage/beer
0
NT
Storage Trailer - Interstate Power Systems
10
NT
Credit Card Readers
10
NT
1
NT
Beer coolers/refrigerators for the concessions stands
Total Concessions Premium Food Service
23,679
236,790
Equipment Infrastructure Repair and Replacement
Broadcast cabling
1
Overhead coiling doors
1
Trash/recycling compactors
Total Equipment Infrastructure Repair and Replacement
4,095
1
NT
NT
____
40,9S0
NT
Miscellaneous
Staff Meals
Officials Meals
Aramark Media Catering Services
Golf Cart Rentals
Total Miscellaneous
Grand Total Expenses - Vikings Game Day
21,123
522,288
10
10
10
10
196,000
5,049,082
T
T
T
1
These cost estimates were developed and provided by the areas of responsibility.
4
4/4/2013 1:01 PM
EXHIBIT E
GAME DAY PARKING MAP BY ZONE
(U
-
I-I
0
0
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0)
.v
0)
-I
LU
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0
C
U)
Exhibit F
CLOSURE COSTS
Stadium Closure! Winterization
Bench Seatbacks Removal
Storage - Loge Chairs /Trash Cans
move to interior storage
Storage - Suites Napkin/Soap/Tissue Holders
move to interior storage
Outdoor Television Heating Blankets
100, 500 levels
Outdoor Television Removal / Storage
400 level
Bike Rack Storage
store 500 pieces of bike rack on 000/100 levels
Tilt Truck Storage
move 20 tilt trucks to interior spaces
Table Storage
gather 120 tables and move to marshalling
ADA chairs storage
move all ADA chairs to Marshalling / Palletize
400 Windscreens
roll up all windscreens on 400 level
Tunnel Canopy - Home Team
remove and transport to storage
Tunnel Canopy - Visiting Team
remove and transport to storage
Main Concourse Trash Cans / Recycling Containers
move to interior 100 level restroom for storage
FM Waste Containers
move all cardboard containers / palletize
Remove field goal netting
transport to storage
Remove goalposts
transport to storage
Remove field stairs and padding (6)
transport to storage
Remove wall pads
palletize and transport to storage
Move field benches
transport to storage
Drain down all concessions water supply
Drain down all 100 level water supply
Drain down all 400 level water supply
Drain down all Minnesota Room / West Plaza
Drain down and winterize water feature
586192
Exhibit G
Conceptual Milestone Schedule for Capital Improvements for Vikings
***This schedule is conceptual and must be finalized by the successful CM@R***
Initiate RFP process to select Design Team and CM@R; complete Design Team and CM@R selection process, negotiate
contract
Predesign; predesign funds due prior to initiating Predesign
Review and approval (15 calendar days)
Prepare / Submit for required Regent approval to Amend the Capital Budget to include the project.
1St available Regent Meeting (Note - This is a full Board meeting. No Facilities Committee meetings until September
2013)
March - April 19, 2013
April 22, 2013 - May 31, 2013
May 31, 2013 -June 15, 2013
June 7, 2013 - June 21, 2013
July 12, 2013
Schematic Design; Design funds due prior to initiating Schematic Design
July 15, 2013 - August 30, 2013
Review and approval (15 calendar days)
August 30, 2013 - September 14,
2013
September 6, 2013 - September 20,
2013
October 10- 11, 2013
October 14 2013 - November 22,
2013
November 25, 2013 - December 20,
2013
December 20, 2013 -January 5,
2014
Prepare / Submit for required Regent approval of Schematic Design
1st available Regent Meeting
Design Development
Estimate and GMP
Review and approval (15 calendar days); Construction funds due upon approval of the GMP and procurement of any long
lead items
Prepare / Submit for required Regent approval to proceed (GMP Contract)
1st available Regent Meeting
Procure any long lead items
Notes:
1. Current start date supersedes Regent approval on Feb 13, 2014 and would require special Board action to meet this
proposed schedule
2. This may not be enough _time, _to be confirmed w/CM@R
Construction Documents
Final Budget and Estimating
Review and approval (15 calendar days)
Permit
Solicit Bids
Evaluate Bids and Award Contracts
January 17, 2014 -January 31, 2014
February 13, 2014
January 5, 2014 - May 9, 2014
January 5, 2014- February 21, 2014
February 21, 2014 - March 14, 2014
March 14, 2014- March 29, 2014
March 14, 2014 - April 3, 2014
April 3, 2014- April 25, 2014
April 25, 2014 - May 16, 2014
629441
Construct any field improvements
Notes:
1. Only window of availability for 2014 due to Spring Games ending and Football Camps beginning
2. This timeframe for construction of any field improvements will most likely require multi-shifts, 6 days per week (w/o
weather delays)
Construction of any non-field (back of house) improvements
April 29, 2014 June 6, 2014
May 19, 2014
-
August 1, 2014
629441