BarnWinterSportsEngelstad Posted November 5, 2021 Share Posted November 5, 2021 7 minutes ago, nodak651 said: UND doesn't technically pay the ralph rent. If you're looking at UND's financial statement to the NCAA, I would think that they classify the Ralph's cut of ticket sales and marketing revenue, etc, as rent, which is why I believe such a high number is reported. Could very well be. UND doesn't pay rent for games at the Alerus ? Quote Link to comment Share on other sites More sharing options...
nodak651 Posted November 5, 2021 Share Posted November 5, 2021 1 hour ago, BarnWinterSportsEngelstad said: Could very well be. UND doesn't pay rent for games at the Alerus ? They pay the Alerus rent. Quote Link to comment Share on other sites More sharing options...
BarnWinterSportsEngelstad Posted November 5, 2021 Share Posted November 5, 2021 3 minutes ago, nodak651 said: They pay the Alerus rent. Oh, they both pay rent. Quote Link to comment Share on other sites More sharing options...
nodak651 Posted November 5, 2021 Share Posted November 5, 2021 2 hours ago, gfhockey said: I thought rea gives us what’s left after they cover all their expenses After covering expenses AND dumping literally as much money as they want into the Ralphs Repairs, Maintenance, and Building Enhancement account. Section 2-4 - Budget/Disposition of Net Income/Audit A) Annually, on or before July 1 REA and the UND Department of Athletics will exchange proposed annual budgets, subject to availability. B) REA will annually, to the extent that funds are available as determined by UND and REA, fund a Reserve for Extraordinary Repairs, Maintenance, and Building Enhancement. There is no cap on the amount that can be funded annually to the Reserve for Extraordinary Repairs, Maintenance, and Building Enhancement account, but UND and REA desire to make an annual minimum deposit of $500,000, subject to the availability of funds. This Reserve will be reviewed annually to determine the adequacy of the funding requirements, such requirements to either remain the same or to be increased or decreased, depending upon the outcome of the review. Expenditure of the reserve will be subject to mutual agreement. At such time as REA (or another management company mutually agreed upon by UND and REA) no longer manages the Sports Complex, the entire Reserve fund will be transferred to UND for the benefit of the Sports Complex. C) One hundred twenty (120) days after REA's fiscal year ending May 31 each year, REA will remit to UND for athletic purposes; a portion of REA's net income as determined by the UAS Board of Directors. Quote Link to comment Share on other sites More sharing options...
nodak651 Posted November 5, 2021 Share Posted November 5, 2021 2 hours ago, BarnWinterSportsEngelstad said: Oh, they both pay rent. No, it's just a fee.... no big deal! Quote Link to comment Share on other sites More sharing options...
nodak651 Posted November 5, 2021 Share Posted November 5, 2021 2 hours ago, nodak651 said: USAGE AGREEMENT BETWEEN THE UNIVERSITY OF NORTH DAKOTA AND RE ARENA, INC. This Agreement, made effective as of the 1st day of July, 2020, (the Effective Date), by and between RE Arena, Inc. (REA), a Nevada Corporation, and the University of North Dakota (UND), an arm of the State of North Dakota in Grand Forks, North Dakota. WITNESSETH: WHEREAS, pursuant to a Management Agreement (Management Agreement) between Arena Construction, Inc. (ACI) and Ralph Engelstad Arena, Inc. dated March 1, 2000, andsubject to the terms and conditions of the Lease Agreement (Lease) between the State of North Dakota doing business as the State Board of Higher Education and the University of North Dakota and ACI dated March 29, 2000, REA manages, operates, and maintains a sports complex which includes the Ralph Engelstad Arena (Main Arena), the Olympic Arena, and the Betty Engelstad Sioux Center (cumulatively referred to as the Sports Complex), together with any improvements, extensions, expansions, or additions to such facility; WHEREAS, UND desires to use the Sports Complex for use by UND's athletic department; and WHEREAS, UND wishes to provide for the use of the Sports Complex by UND for other UND activities. NOW, THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE I - DEFINITIONS AND TRADEMARKS Section 1.1- Definitions A) UND ice hockey usage area: Main ice sheet, Olympic ice sheet, players' benches, penalty boxes, team locker rooms, training room, equipment room, nutrition room, weight room, Hockey Skill Center, visiting team locker room, oom, lounge, offices, coaches' locker room, officials' room, Zamboni area, goal judges' area, storage, press box and video areas, downstairs media room, main arena seating, and North and South club rooms. Team locker rooms, training rooms, equipment rooms, nutrition room, weight room, student athlete lounge and classroom, lounge, offices, and coaches' locker room in the Ralph Engelstad Arena are to be used by the UND hockey programs only. These areas are not to be used by other athletic programs without the express written consent of REA and UND. B) Other UND athletic usage areas: 1) For the Main Arena, other locker room needs as negotiated and for basketball: basketball goals, the scorers' table, the floor, players benches, locker rooms, storage, shot clocks, on floor PA, on floor press row and upper press box and video areas, downstairs media room, main arena seating, North and South club rooms (consistent with patron lease agreements), and all appropriate padding. 2) For the Betty Engelstad Sioux Center: For Basketball - locker rooms, basketball goals, scorer's table, scoreboard, storage, floor, players' benches, shot clocks, on floor PA, on floor press box, media room, seating, all necessary padding, weight room, sports medicine room(s), players' lounge(s), club lounge(s), coaches' offices, and staff area(s). For the Betty Engelstad Sioux Center: For Volleyball - locker rooms, nets, standards, scoreboards, storage, floor, players' benches, on floor PA, on floor press box, media room, seating, all necessary padding, weight room sports medicine room, players' lounge, club lounge, coaches' offices, and staff area. For the Main Arena: For Soccer - locker room, access to weight room, lounge, storage, coaches' offices, coaches locker room, sports medicine room, and general staff area office / reception area. UND agrees to utilize the BESC visiting team locker rooms for home UND basketball and volleyball events. The locker rooms in the Olympic Arena are not to be used for UND basketball and/or volleyball events in the Betty Engelstad Sioux Center, without the express written consent of REA. Visiting soccer teams will be allowed to use locker rooms in the Olympic Arena. UND Pride of the North band will be provided with storage space in the Olympic Arena during the term of this Agreement. C) The weight room and the Hockey Skill Center may be used by both UND hockey student-athletes and Hockey Academy participants. UND hockey student-athletes will be given priority with access to team workouts in the weight room and Hockey Academy participants will be given programming priority in the Hockey Skill Center. D) Other UND activity usage areas shall be determined according to the needs of the particular activity, subject to mutual written agreement of UND and REA. E) REA shall make the final determination regarding the allocation and utilization of all areas, offices, and space within the Sports Complex. REA shall consult with UND regarding the allocation and utilization of areas, offices and space occupied by UND prior to changing the allocation and/or utilization of UND occupied areas, offices, and spaces. F) REA shall maintain exclusive use of the Betty Engelstad Sioux Center storage building, however, UND Athletics will be provided with access to the storage building laundry room and UND Athletics will be allowed to use the laundry room as a uniform storage area. G) Usage Term: Shall be defined as a ten (10) year and three (3) month term beginning on July 1, 2020, and ending on September 30, 2030. Section 1.2 - Trademarks A) Ralph Engelstad Arena Trademark: The name "Ralph Engelstad Arena" is trademarked. Unauthorized use is strictly prohibited. UND is granted license to use the Ralph Engelstad Arena name only in the promotion and advertising of the events covered by this Agreement. No other use of the name "Ralph Engelstad Arena" by UND will be permitted without prior written approval from REA. B) University of North Dakota Trademark.: The name "University of North Dakota" and its associated marks are trademarked, including but not limited to the Fighting Sioux, Fighting Hawks, Interlocking ND, etc. All licensing and use of UND trademarks for merchandising and promotion will be through Learfield Licensing Partners. ARTICLE II - USAGE PERIOD; RIGHT OF ACCESS; USAGE/SERVICES; BUDGET/ DISPOSITION OF NET INCOME/AUDIT; ITEMS INCLUDED WITH FACILITY USAGE; ITEMS NOT INCLUDED WITH FACILITY USAGE; ITEMS SUPPLIED BY UND DURING UND EVENTS; PRESS BOX; AND USE OF FACILITY FOR OTHER UND EVENTS Section 2.1 - Usage Period A) REA agrees that UND ice hockey will have first priority over any other scheduling for all aspects pertaining to event dates and ice time usage in the Main Arena and the Olympic Arena in accordance with an event calendar to be developed by REA in consultation with UND. B) REA agrees that UND basketball and volleyball will have first priority over any other scheduling for all aspects pertaining to event dates in the Betty Engelstad Sioux Center in accordance with an event calendar to be developed by REA in consultation with UND. C) Other UND events, in addition to those events scheduled through the event calendar as referenced above in Sections 2.1(A) and 2.1(B) may be scheduled as time and space permits, however, upon the mutual agreement of UND and REA, these events may be cancelled or postponed, subject to rescheduling from time to time, for the booking of other events in the Sports Complex. All UND events, other than UND Athletic events, will require a separate and distinct written agreement between UND and REA. Events that will require a separate and distinct written agreement include, but are not limited to, the following: UND Camps, UND Clinics, and UND Receptions, Socials, and/or Banquets. Section 2.2 - Right of Access A) REA hereby grants UND exclusive use of the UND locker rooms, the coaches' locker rooms, the coaches' offices, team equipment rooms, and UND staff areas. For all other areas for which use is provided pursuant to Section 1.1, UND's use shall be nonexclusive in that REA may use it for other activities when not being used for a UND event or activity, subject to the advance mutual agreement of the parties. UND and REA will agree on "season" and "off-season" access hours to the Sports Complex that will be enforced by REA. B) REA shall have the right to a reasonable access of any and all areas of the Sports Complex occupied by UND. C) UND will have access to common areas necessary to effectuate usage of the facility and exterior areas including but not limited to common pedestrian and parking areas. D) UND and REA to compile a mutually agreeable gated area parking list for UND Athletic events annually. Section 2.3 - Usage Fees/Services A) REA will manage all ticket revenue from UND athletic events described below on behalf of UND. For purposes of determining the ticket revenue to be split by UND and REA, tickets which are included in suite license agreements and club lounge rooms as defined in Section 4.3 are not included in the ticket revenue pool. Ticket revenue is derived from the following categories of tickets: single game general admission tickets, single game reserved seat tickets, student single game tickets, additional single game suite / club tickets (also referred to as Standing Room Only tickets), and season tickets, including student season tickets. Ticket revenue means base ticket prices as approved by UND and does not include fees and charges such as ticketing fees, facility fees, or other service charges. REA agrees to include tickets sold to the Green Room and the Warm-Up Lounge in the ticket revenue pool. Tickets to both the Green Room and the Warm-Up Lounge will be purchased by REA at the season ticket price. If event tickets are included or traded to facilitate a sponsorship deal, the pool needs to be made whole and these trade tickets need to be included in the annual ticket settlement as paid tickets. Tickets are not deemed to be mutually exclusive or comp tickets if there is an exchange of value. Ticket revenue also includes any complimentary tickets given by UND or REA above its' allotment as set out in Section 3.3 that have not been approved by the other party. Complimentary UND student tickets are exempt from the ticket revenue calculation and comp ticket grid by mutual agreement of the parties. Single game tickets for UND football are governed by an existing contract with the Alerus Center, but the ticket revenue derived from UND football is included in the calculation of the ticket revenue in this Agreement. Ticket revenue does not include affiliated conference and/or NCAA playoff games as those events are governed by affiliated conference and/or NCAA regulations, which are incorporated herein by reference. All ticket revenue, as defined above, will be pooled into the UND / REA joint ticketing pool, excepting those revenues in the previous sentence. The following UND athletic events will be ticketed events: - men's hockey - men's basketball - women's basketball - women's volleyball - football The ticket revenue from all of these sports will be included in the gross ticket revenue that is allocated in this Agreement. There will not be a facility fee imposed on any UND Athletics regular season event tickets; however, there will be a facility fee on affiliated conference and/or NCAA playoff games as those events are governed by affiliate conference and/or NCAA agreements. There will be a facility fee on UND ticket sales for the first round of the hockey conference playoffs. The facility fee for the first-round hockey conference playoff series (such as NCHC) shall be retained by UND, subject to conference and/or NCAA policies. The facility fee for pre-season events or special events like the WNIT or NIT, post-season events like the WNIT, NIT, or CIT, and post-season conference tournaments like the Summit League Tournament, and special events like the Hockey Hall of Fame Game shall be retained by REA, subject to conference and/or NCAA policies. REA acknowledges and is aware that UND has a contractual agreement with the Alerus Center for UND football that may require UND to allocate revenue to the Alerus Center. Annual suite leases, suite rentals, and club seats sales at the Alerus Center are not included in the ticket-pool. B) Payments: 1) On or before September 1 annually, REA agrees to pay UND One Million Dollars ($1,000,000), as a ticket revenue advance. On or before June 30 annually, UND and REA agree to reconcile ticket revenue for the past usage year and REA will make a final ticket revenue payment to UND, if necessary. REA will prepare settlement documents to facilitate the June 30 payment. 2) Recognizing that UND Athletics and REA agree to jointly ticket UND athletic events, UND and REA agree to split ticket revenues as follows: - Fifty-two percent (52%) to REA and Forty-eight percent (48%) to UND The ticket revenue retained by REA, as outlined in this Agreement, is also referred to as the Facility Usage Fee in multiple locations throughout this Agreement. C) REA may contract with UND for materials and personnel in service and utility areas subject to the mutual agreement of the parties. These service and utility expenditures are to be governed by separate agreements between REA and UND and are discussed in this Agreement as a reference only. UND employees may work for REA. It is the responsibility of each UND employee to comply with the UND and the State Board of Higher Education policies regarding outside employment or consulting. D) Agreements for all other UND events, including UND camps, held at the Sports Complex will be negotiated on an event-by-event basis subject to the mutual agreement of the parties. Section 2-4 - Budget/Disposition of Net Income/Audit A) Annually, on or before July 1 REA and the UND Department of Athletics will exchange proposed annual budgets, subject to availability. B) REA will annually, to the extent that funds are available as determined by UND and REA, fund a Reserve for Extraordinary Repairs, Maintenance, and Building Enhancement. There is no cap on the amount that can be funded annually to the Reserve for Extraordinary Repairs, Maintenance, and Building Enhancement account, but UND and REA desire to make an annual minimum deposit of $500,000, subject to the availability of funds. This Reserve will be reviewed annually to determine the adequacy of the funding requirements, such requirements to either remain the same or to be increased or decreased, depending upon the outcome of the review. Expenditure of the reserve will be subject to mutual agreement. At such time as REA (or another management company mutually agreed upon by UND and REA) no longer manages the Sports Complex, the entire Reserve fund will be transferred to UND for the benefit of the Sports Complex. C) One hundred twenty (120) days after REA's fiscal year ending May 31 each year, REA will remit to UND for athletic purposes; a portion of REA's net income as determined by the UAS Board of Directors. D) Annually, REA agrees to provide the President of UND with the following: REA financial statements including separately reported assets, noncurrent assets, current liabilities, and noncurrent liabilities and a copy of REA's most recently filed IRS form 990. In addition, REA will provide to UND a monthly financial report. E) Pursuant to National Collegiate Athletic Association (NCAA) regulations, REA will allow UND to audit its operations to determine the expenditures REA has made for or on behalf of UND's intercollegiate athletic program. Section 2.5 - Items Included with Facility Usage Fee The aforementioned usage fee includes: lighting, heating, air conditioning, and water; the light and sound systems as installed; standard equipment; event staffing (including but not limited to police, security, ushers, ticket takers, parking staff, audio/video technicians, medics for men's hockey, and an electrician); ambulance service for spectators and fans if deemed necessary by REA; standard cleaning services normally provided after each event; and all other services, space, or available equipment necessary to present the event. Section 2.6 - Items Not Included with Facility Usage Fee All equipment, staffing, and services requested by UND not included in the usage fee or supplied by UND shall be provided by REA at UND's sole expense per REA's published Equipment, Staffing, and Services rate schedule except where otherwise noted. These following items are not included with the facility usage fee: A) License fees: License fees required for UND activities associated with UND events. B) Unique equipment, staffing, or service costs: Only as required by UND and with UND's approval of actual charges. If outside vendors of equipment, staffing, or services are to be used, the use of such outside vendors will be mutually agreed upon and coordinated with REA. C) Special hook-ups for electrical and utility services: In accordance with all applicable codes and as per UND written requirements for any event. D) Food, beverage, and catering services: Press box food, suites, Champions Club pre-game events, as per agreement of the parties, such agreement to be reached at least three (3) days before the event. E) Medics for Men's and Women's Basketball, Women's Volleyball, and Women's Soccer. F) UND Owned Equipment: The equipment located in the Sports Complex for which UND has title will be managed consistent with UND policy for equipment inventory located in non-UND owned facilities. The equipment will be tagged with a UND inventory tag and insured by UND. On an annual basis, UND will do a physical inventory of this equipment and provide REA with a copy of the inventory report for the REA files. Section 2.7 - Items Supplied by UND during UND Events A) Public Address Announcers; and B) Medical providers (team doctors) for the teams. Section 2.8 - Press Box UND will have control of the press box area on game day. UND will supply telephone and Internet lines as needed. REA personnel will have access to the press box on game day to operate facility control systems located in this area, including video boards, air handling units, and lighting. Section 2.9 - Use of Sports Complex for Other UND Activities REA will allow intramural programs, physical education and exercise science classes, summer camps, and other UND events to use the Sports Complex at mutually agreed upon rates when booked in advance and when there are no conflicts with other major events. Any charges for these activities will be negotiated on an event by event basis and confirmed with separate agreements between REA and the sponsoring organization from UND, subject to the approval of the University of North Dakota's Vice President for Finance and Operations and the UND Director of Athletics. Once booked, these additional UND events (non-intercollegiate athletic events) may be pre-empted with advance written notice to make way for revenue producing events in the Sports Complex. UND and REA will execute separate and distinct written agreements for all UND camps and clinics that include members of the general public, subject to the approval of the University of North Dakota's Vice President for Finance and Operations and the UND Director of Athletics. These agreements will include, but will not be limited to, the following terms: - rental fees - facility usage terms, dates, and times - msurance ARTICLE III - NOVELTIES; TICKETING/FINANCIAL SEITLEMENT; COMPLIMENTARY TICKETS; AND PARKING Section 3.1 - Novelties The parties agree that REA may operate a retail outlet within the Sports Complex and that REA may sell licensed UND items from that location (including online sales and other sales from that location to off-site addresses), subject to the trademark terms outlined in Section 1.2. REA may, but is not required to, enter into a separate agreement with the UND Boosters to sell licensed UND items in the Sports Complex. Nothing in this clause gives REA the right to sell licensed UND items, or any other items, on UND property or at UND events other than events at the Sports Complex, unless approved in writing in advance byUND. Section 3.2 - Ticketing/ Box Office Operation / Financial Settlement The Athletic Box Office will be located at the Sports Complex under the management of REA. REA will be responsible for managing, monitoring, and controlling the box office activities within the necessary parameters established by UND and the NCAA to ensure appropriate institutional control. Pursuant to this agreement, both parties agree that UND must, at all times, maintain institutional control of box office activities in compliance with NCAA regulations. If at any time during the course of this agreement, UND makes a determination that institutional control has not been maintained, both parties agree to amend this agreement immediately to regain institutional control as mandated by the NCAA. REA will provide staff to manage and operate the box office. All receipts from the box office at the Sports Complex will be deposited with REA. UND Athletics will be responsible for the credit card fees on UND Athletics event tickets and Champions Club payments. REA will be responsible for all other expenses associated with running the box office except out of town travel expenses for UND Athletics events when a box office representative is requested to be present at the event. REA will invoice UND for reimbursement of these expenses incurred by box office staff as events occur. REA and UND agree to include a flat dollar amount in the UND athletics season tickets (included in the face value of the season tickets) to create a credit card revenue pool that will be used to cover the cost of credit cards for UND Athletics events (tickets and Champions Club). For the 2019-2020 season, the identifiable and flat credit card revenue amount per season ticket is $20 for men's hockey, $10 for men's and women's basketball, and $10 for football. UND will pay the box office credit card charges for UND Athletics events (tickets and Champions Club) at the rate of 2.75% with revenue from the credit card revenue pool. After paying for the credit card charges on tickets and Champions Club, UND gets the balance, if any, from the credit card revenue pool. The revenue generated from the credit card pool is excluded in the calculation of the revenue split for tickets as described in Section 2.3.B. In consideration for the expenses to be incurred by REA to operate the box office, REA will retain all revenues collected from customers during the ticket selling process above and beyond the face value of tickets sold. REA and UND agree to review a credit card plan annually and will mutually agree on any changes that need to be made to the credit card plan based on items such as credit card usage, online renewals, etc. The goal with the credit card plan is to have customers pay for credit card charges with an identifiable credit card revenue pool included in the face value of season tickets. Section 3.3 - Complimentary Tickets/Trade-outs A) Each party will be entitled to complimentary tickets as set out in the Complimentary Ticket Grid (Grid) that is attached to and part of this Agreement. This Grid is subject to change upon the mutual agreement of the parties. Further, the parties may mutually agree to a change in the complimentary ticket allotment for any individual event. Complimentary tickets provided either under the Grid or by mutual consent will not be counted as ticket revenue. B) UND student tickets are not counted as comp tickets in this Agreement. Complimentary UND student tickets are considered to be mutually exclusive and are not counted against either of the parties to this Agreement. C) Marketing promotions made by the mutual agreement of UND and REA are not included in the Grid and do not count against the complimentary ticket allotment of either party or as ticket revenue. D) Operation Enduring Friendship (OEF) is a promotion between UND and REA. Ticket revenue generated by the Operation Enduring Friendship promotion will be counted as ticket revenue; however, complimentary tickets do not count against the complimentary ticket allotment of either party under the Grid provided both UND and REA agree in writing to the OEF complimentary ticket plan. E) Trade-outs (a service given to UND or REA in exchange for tickets or advertising) will be treated as a cash sale at face value in the calculation of ticket revenue or advertising revenue as it pertains to this Agreement. Section 3.4 - Parking REA will be responsible for parking lot staffing and traffic management in all REA leased lots (North, South, and East) on game day for all men's hockey regular season games and conference playoff games, men's and women's basketball regular season games and conference playoff games, volleyball regular season games and conference playoff games, and all other post-season athletics events. Special parking areas will be designated for UND coaches, players, event staff, and Champions Club members. Parking in those areas will be allowed with a pass only. Parking lot staffing for all other UND athletic events at the Sports Complex, including NCAA championship events will be negotiated on an event- by-event basis as there may be a charge for guest parking and/or parking lot staffing for other events. UND and REA will coordinate parking activities in an attempt to remain compliant with UND's campus parking plan for all events. The Champions Club is responsible for the cost associated with the development of Champions Club hang tags. REA reserves the right of final approval of hang tag design and artwork due to the fact that REA staff will have to differentiate these hang tags in the parking lots during events. REA retains the right to sell sponsorships / naming rights to REA owned parking lots. The Champions Club is responsible for the cost associated with Champions Club Diamond Club parking signage. REA reserves the right of final approval of parking signage artwork, as well as the location and quantity of Champions Club Diamond Club parking. UND and REA to mutually agree on a parking and access plan for UND Lot #84 (Gravel Lot). ARTICLE IV - ADVERTISING; CONCESSIONS; SUITES; AND ALCOHOL SALES Section 4.1-Advertising A) The UND Athletic Department shall maintain Institutional Control of all marketing activities and sponsorship sales as outlined by the NCAA. The marketing, advertising, and promotional activities of UND Athletics at and/or by REA shall conform to the principles as governed by the NCAA Constitution. Particular attention shall be paid to the areas of Budgetary Control and Responsibility for Actions of Outside Entities in the execution of the marketing, advertising, and promotional activities of UND Athletics. B) UND Athletics and REA agree to market and sell UND Athletic and REA events per the terms outlined in Exhibit "A" (attached). For purposes of this Agreement, revenues derived from the sale of sponsorships do not include ticket revenues or Champions Club contributions. Any and all gross revenues from the sale of the applicable inventory that is paid to or deposited with REA will be pooled for the purpose of settling the Usage Agreement, unless written agreement to the contrary is executed between the parties. Direct sales expenses associated with generating the sponsorship revenue will be deducted from the gross amount of the sponsorship money before the Usage Agreement split. Direct Sales Expenses are defined as "hard costs" directly tied to the fulfillment of a sponsorship/ advertising agreement contemplated in this agreement, not including payroll expenses. Examples of direct sales expenses include the fees associated with printing dasher board advertisement and the costs associated with providing food and beverages in the sponsor suite if such credit is included in the sponsorship package. Each direct sales expense must be incurred to fulfill the obligations of the respective sponsorship / advertising agreement. There will be a gross amount of sponsorship money, a figure for the total sales expenses, and then a net amount of sponsorship money. The net amount will be the amount that will be split by the parties per the Usage Agreement. On or before June 30, of each year and based on the terms above, REA will pay to UND thirty-six percent (36%) of all of such net sponsorship revenues received by REA. Any and all athletic sponsorship revenue from all sources that is paid to or deposited with UND from sponsors for UND Athletics will be applied as a credit toward REA's obligation to pay UND as required in this section (e.g., Rydell Chevrolet trade agreement). UND is to provide REA with the UND trade summary by April 30 of each year so that REA can facilitate the sponsorship payment noted above by June 30 of each year. REA will prepare settlement documents. REA is not involved with advertising / sponsorship sales for UND football at the Alerus Center. C) No solicitation, distribution, or sale of any products, services, raffle tickets, 50 / 50 draw tickets, advertising, or publicity materials or flyers of any type shall be permitted on the Sports Complex premises without obtaining the approval from the other party, except for game programs. D) REA reserves the right to make announcements in the interest of public safety, to provide information to attendees, to market and promote internal assets such as the Sioux Shop, and/or to announce upcoming events at the Sports Complex. E) UND shall retain all rights for radio, online (streaming), television broadcasting of UND Athletic events, web based content such as social media sponsorships and advertising on undsports.com and shall be allowed to broadcast athletic events from the Sports Complex without paying REA a rights fee. UND Athletics will keep 100% of the revenue derived from these activities. UND broadcast contractors will be given access to all areas and currently available equipment necessary to perform their duties. F) Advertising, solicitation, announcement, and broadcasting rights for NCAA, conference playoff events, and other pre-season, post- season and special events will be determined according to NCAA and conference policies and procedures. To the extent that such policies and procedures conflict with the terms of this Agreement, the league and NCAA policies and procedures govern. Section 4.2 - Concessions A) REA will retain all concessions rights, including revenues, merchandise selection, and pricing. B) No outside food and/or beverages will be allowed in the Sports Complex without the advance written approval of REA. C) Neither UND nor any of UND's attendees, advertisers, or sponsors may sell or give away any samples of food, beverages, or any product without prior written approval of REA. Section 4.3 - Suites The Arena's one-thousand and sixty-four (1,064) seats in its fifty(50) suites and two hundred sixty-four (264) seats in two (2) club lounge rooms will not be included on the ticket manifest. The suite owner, club seat owner, or REA must pay for any additional tickets at face value and such tickets are to be considered general admission tickets and treated pursuant to Section 2.3(A). The suite owner, club seat owner, or REA must pay for any additional tickets above suite seating capacity as defined in the suite license agreement or club seat contract at a price that will be no less than the general admission ticket price. Such tickets are to be treated pursuant to Section 2.3(A). Suite #225 will be used by UND and the University of North Dakota Alumni Association and Foundation pursuant to the terms of a separate and distinct suite lease agreement between REA and the following parties: UND and the University of North Dakota Alumni Association and Foundation. Suite #231 will be utilized to market Game Day sponsorship packages and single game suite rentals. UND will be allowed access to Suite #231 on UND Athletic event game days to meet and greet Game Day sponsors. Section 4-4 - Alcohol Sales In accordance with section 3.3-4(ii) of the Management Agreement for the Sports Complex signed April 4, 2000, REA may sell beverages of all kinds, including alcoholic beverages, to the extent they may be legally sold now or hereafter may become legally able to be sold, in accordance with applicable laws, ordinances, rules, and regulations. Further, there will be close control and monitoring in the facility to prevent sales to underage individuals or purchase of alcoholic beverages by anyone for underage individuals. Immediate expulsion and possible other penalties will be directed at any violator of this policy. There will be a total prohibition against any violation of the North Dakota alcohol beverage statutes and against any alcohol beverages being brought into the facility by spectators, players, and staff, other than those who have responsibility for the supplies. Any violation will result in immediate expulsion and possible further legal action. A) Beer will not be sold or allowed to be carried into and consumed in the student seating area for games included in the student season ticket package. B) There will be no beer or alcohol sales by "hawkers" in the student seating area during UND athletic events. C) The suites will have liquor availability at the discretion of REA and the suite holder. The suite holder is prohibited from allowing alcohol to be consumed by persons below the legal drinking age and to take responsibility for adherence with facility policies and North Dakota statutes. D) The availability of alcoholic beverages in the two private clubrooms will be at the discretion of REA. E) No alcoholic beverages will be sold to any individual who appears to be intoxicated, and security personnel will remove intoxicated individuals engaging in disorderly conduct from the facility. F) Unacceptable fan behavior will not be tolerated and will result in immediate expulsion with the possibility of further penalties. G) REA management will provide adequate personnel for monitoring enforcement of the established policies and compliance with North Dakota statutes. REA acknowledges that alcohol may not be allowed in public areas for NCAA championship events, subject to NCAA policy. ARTICLE V - TERM AND TERMINATION Section 5.1 - Term The Term of this Agreement is July 1, 2020 through September 30, 2030, unless otherwise terminated. Section 5.2 - Termination A) This Agreement may be terminated at any time upon the mutual written agreement of both parties. B) Defaults and Material Breaches. Each of the following shall constitute a default and material breach of this Agreement: 1) The failure by either party to cure a payment default under this Agreement, notwithstanding the non-defaulting party's right to interest on any such sums that become delinquent. 2) Either party's failure to comply with a material term or condition of, or to satisfy a material obligation it has assumed under this Agreement. C) In the event either party to this Agreement fails to perform any obligation hereunder or violates any provision of this Agreement, the other party may give notice to such party of such failure and demand the performance of the non-performing party's obligations hereunder or compliance with the terms and conditions hereof within a reasonable period after the date of such notice, which period shall not exceed thirty (30) days. In the event the party receiving notice of such failure or violation does not correct, remedy, or cease such failure or violation within the time specified in such notice, the other party may terminate this Agreement, whereupon all obligations of the parties hereto that had not been incurred as of the effective termination date, including but not limited to the obligation to pay the balance of fees due, shall terminate. In the event that fees due have been paid, a prorated return of fees will occur immediately. Any such termination of this contract shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. ARTICLE VI -AUTHORIZATION; COMPLIANCE; AND COVENANTS A) Subject to the terms and provisions of the Management Agreement between ACI and Ralph Engelstad Arena, Inc., and subject to the terms and conditions of the Lease between the State of North Dakota doing business as the State Board of Higher Education and the University of North Dakota and Arena Construction, Inc., dated March 29, 2000, REA hereby represents and warrants to UND that: REA has all requisite power and authority to enter into this Agreement and to consummate the transactions contemplated herein; all acts and proceedings required for the authorization, execution, delivery, and performance of this Agreement have been taken; and this Agreement and all documents and instruments delivered hereunder are legal, valid, and binding on REA and enforceable in accordance with their respective terms. B) UND hereby represents to REA that: UND has all requisite power and authority to enter into this Agreement and to consummate the transactions contemplated herein; all acts and proceedings required for the authorization, execution, delivery, and performance of this Agreement have been taken; and this Agreement and all documents and instruments delivered hereunder are legal, valid, and binding on UND and enforceable in accordance with their respective terms. ARTICLE VII - INSURANCE A) UND's general liability coverage will be provided through the state risk management fund. Limits under the fund are $250,000 per person and $1,000,000 per occurrence. UND will provide insurance coverage for UND-owned equipment and other property that is stored within the Sports Complex. B) Throughout the Term of this Agreement and at REA's expense, REA will maintain: (a) insurance against the loss or damage to the Sports Complex and any improvements by fire, lightning, windstorm, hail, explosion, riot, aircraft, vehicles, smoke, and other risks commonly included in extended coverage policies written in Grand Forks, North Dakota, in an amount not less than eighty percent (80%) of the full insurable value of the Sports Complex and any improvements or in such greater amount as is required to comply with the coinsurance provision of any insurance policy maintained by REA; (b) commercial general liability and property damage insurance in an amount of no less than Five Million Dollars ($5,000,000.00); (c) appropriate worker's compensation insurance; and (d) all other forms of insurance required by law or customarily maintained by owners of like property. C) Policy Provisions. All insurance maintained by REA pursuant to Section 7(B) will: (a) name UND and REA as insureds as their respective interests appear; (b) include an effective waiver by the insurer of all rights of subrogation against any named insured; (c) provide that UND has the same rights as REA regarding notice of cancellation or termination of the policy; and (d) be issued by companies and in forms reasonably satisfactory to UND in all other respects. D) Any attorney who represents UND under such insurance policy must first qualify as and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required under section 54-12-08 of the North Dakota Century Code. E) Delivery of Policies. Promptly at the signing of this Agreement and at least annually thereafter, REA will deliver to UND true and correct copies of all insurance policies and renewals required by this Agreement together with appropriate evidence of payment of the premiums therefore. ARTICLE VIII - LIABILITIES AND LIMITATION OF LIABILITY Section 8.1 - Liabilities Each party shall be responsible for all claims, losses, liabilities, damages, and expenses which are proximately caused by the wrongful or negligent acts or omissions of that party or its agents or employees acting within the scope of their duties. Each party disclaims any liability or responsibility for any losses, damages, or expenses that are not proximately caused by the wrongful or negligent acts or omissions of that party or its agents or employees acting within the scope of their duties. The tort liability of UND is as set out in chapter 32-12.2 of the North Dakota Century Code and subject to the conditions and limitations contained therein. Nothing herein shall preclude either party from asserting against third parties any defenses to liability it may have under the law or be construed to create a basis for a claim or suit when none would otherwise exist. In the event that a suit is brought against either party, the party sued will give notice to the other within fourteen (14) days of the service of any summons and complaint or any other claim. This provision shall survive the termination of the Agreement. ARTICLE IX - MISCELLANEOUS Section 9.1- Cooperation The parties hereto recognize that, in the performance of this Agreement, the greatest benefit will be derived by promoting the interests of both parties. Therefore, each of the parties enters into this Agreement with the intention of loyally cooperating with the other in carrying out the terms of this Agreement, and each party agrees to interpret its own provisions, insofar as it may legally do so, in such manner as will best promote the interests of both parties and will render the highest service to the public concerned. Section 9.2 - Amendments Neither the Agreement nor any term or provision hereof may be changed, waived, discharged, or terminated, except by a written instrument signed by the parties hereto. Section 9.3 - Force Majeure; Substantial Damage In the event that either party to this Agreement is unable to perform its obligations hereunder or to enjoy any of its benefits because of the substantial damage or destruction of the Sports Complex due to any cause, a natural disaster, or action or decree of a governmental body with appropriate jurisdiction (hereinafter referred to as a "Force Majeure Event"), the party that has been so affected shall immediately give notice to the other party of such fact and shall do everything possible to resume its performance. Upon the other party's receipt of such notice, each party's obligations hereunder shall be suspended for the period of such Force Majeure Event and, if applicable, the payments due pursuant to Section 2.3 shall be reduced pro rata and UND shall be refunded the difference between the amount paid and the amount of the reduced payment. If the Force Majeure Event lasts for a period one year or more from and after the date that the other party receives notice of such Force Majeure Event, and the party that received such notice has been able to perform its obligations hereunder despite such Force Majeure Event, the party that received such notice may terminate this Agreement by giving notice thereof to the party unable to perform because of such Force Majeure Event. Section 9.4 - Public Safety UND shall at all times conduct the events in full regard for public safety and will abide by all regulations as required by local authorities and REA. REA will at all times keep UND supplied with copies of its current regulations. REA shall have the right to interrupt or terminate any event when, in the sole judgment of REA, it is necessary in the interest of protecting the safety of the public. Wherever possible, REA shall confer with UND before any such termination. Section 9.5 - Evacuation REA shall have the sole right to determine when and if it is necessary to evacuate the Sports Complex for whatever reason. In the event such an evacuation occurs, REA and UND will settle the expenses for the event in a reasonable manner. Section 9.6 - Admissions A) Doors shall be opened for the event in accordance with advertised times in consultation with UND, REA policies, and North Dakota state law. REA reserves the right to open the doors early if REA deems it necessary to move the public into the Sports Complex in a safe and orderly fashion. REA may cancel any event preparations in order to safely move the public into the Sports Complex as long as the cancellation of the event preparations does not interfere with the event itself. The term "event preparations" does not include the on-the-ice or on-the-court pre-game activities of the teams. B) All Sports Complex patrons shall be prohibited from bringing food and beverages, bottles, cans, containers, alcoholic beverages, projectiles, weapons, items which may be used as weapons, incendiary devices, or any controlled or illegal substances into the Sports Complex or onto the Sports Complex premises. C) REA reserves the right to conduct a reasonable search of all persons and their possessions prior to entry. REA reserves the right to enforce the attached camera policy (Exhibit "B") for all UND athletic events. D) Re-entry on ticket stub is not permitted without an "exit scan" as allowed by Sports Complex policy. E) Smoking is not permitted inside the Sports Complex as the Sports Complex is a smoke-free facility. Guests will not be allowed to exit and re-enter for the purpose of smoking at UND athletic events. F) No animals will be permitted in the Sports Complex unless the animal is part of the show or exhibit, or if the animal is used as a service animal. G) REA reserves the right to eject or cause to be ejected from the Sports Complex premises any persons causing a danger to persons or property, a breach of the peace or other disorderly conduct, or who otherwise violates Sports Complex rules and regulations, including violations of the REA and UND Fan Code of Conduct. H) UND and REA hereby agree that they will not discriminate against any persons relative to admission, services, or privileges offered to or enjoyed by the general public. UND and REA agree that they will not discriminate against any person relative to hiring and employment practices for any UND event involving UND or REA staffing. Therefore, there will be no discrimination on the basis of race, color, sex, religion, sexual orientation, gender identity, genetic information, age, political belief or affiliation, national origin, the presence of any mental or physical disability, veteran status, or status with respect to marriage or public assistance. REA agrees to make necessary changes to the Sports Complex to comply with the ADA, and further, REA agrees to pay for said accommodations in order to comply with the ADA. Section 9.7- REA Control and Adoption of Rules and Regulations REA shall at all times maintain control of the Sports Complex and shall be the sole administrator of its rules and regulations relative to its operation of the Sports Complex. REA fully reserves all rights and authority to adopt such reasonable rules or regulations that it, in its sole discretion, deems appropriate. REA agrees to provide UND with notice of any material change in operating policies or procedures that impacts UND or UND's events. Section 9.8 - Licenses Each party shall pay, obtain, and be responsible for any and all taxes, license, or permits that are required by that party for events occurring at the Sports Complex. UND will be responsible for any and all taxes, licenses, or permits specifically required for its events, while REA will be responsible for any and all taxes, licenses, or permits required for the operation of the Sports Complex. Section 9.9 - Defacements UND shall not injure, mar, or in any manner deface the Sports Complex or any equipment contained therein, and shall not cause or permit anything to be done whereby the premises or equipment therein shall be in any manner injured, marred, or defaced. Further, other than in the areas over which UND has exclusive control or in regard to UND-owned equipment, UND will not drive or permit to be driven nails, hooks, tacks, screws into any part of the Sports Complex, or any equipment contained therein, and will not make or allow to be made any alterations of any kind to the Sports Complex or any equipment contained therein, and will not affix or permit to be affixed by adhesives any signs, posters, notices, or graphics of any description without the written consent of REA. UND agrees that if the Sports Complex is damaged by UND, UND shall pay REA such reasonable sums as shall be necessary to restore the premises to their original conditions, ordinary wear and tear excepted. Section 9.10 - Assignment This Agreement shall not be assigned, transferred, or otherwise encumbered by either party without the express written approval of the other. Section 9.11 - Severability If any of the provisions contained herein shall for any reason be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provisions contained herein. Section 9.12 - Independent Contractors The parties shall perform as independent contractors under this Agreement. Each party, its employees, agents, or representatives are not employees of the other party for any purpose, including, but not limited to, the application of the Social Security Act, the North Dakota Unemployment Compensation Act, and the North Dakota Workers' Compensation Act. No part of this Agreement shall be construed to represent the creation of an employer/employee relationship. Each party will retain sole and absolute discretion in the manner and means of carrying out its activities and responsibilities under this Agreement, except to the extent specified in this Agreement. Section 9.13 - Entire Agreement This Agreement shall constitute the entire agreement of the parties pertaining to the use of the Sports Complex by UND. Any and all prior agreements or understandings of the parties other than those contained or referenced herein shall be null and void. Section 9.14 - Compliance with Law UND and REA agree that they will comply with all applicable federal, state and local laws, rules, regulations, and/or ordinances, including but not limited to those relating to public records, Family Educational Rights and Privacy Act (FERPA), non-discrimination, accessibility and civil rights. Section 9.15 - NCAA Regulations UND and REA agree that NCAA rules and regulations pertaining but not limited to items such as institutional control and responsibilities, ticket sales, advertising, budget procedures, and employment, apply in the performance of this Agreement. REA grants UND full access to records pertaining to all ticket sales. For UND, this access would include, but not be limited to, Athletic events and Chester Fritz events, Champions Club memberships, away game ticket sales, and all information on the Archtics system, including season ticket sales. Section 9.16 - Authority and Jurisdiction Any privilege, right, or pre-eminence of authority not herein defined or clearly expressed shall be construed in accordance with the laws of the State of North Dakota, and any action herein must be brought in the Northeast Central Judicial District Court of North Dakota. Section 9.17 - Notices Any demand, notice, or request provided by this Agreement shall be in writing, addressed to the party to whom notice is to be given or to whom a demand or request is to be made, and delivery shall be made by facsimile, or certified mail, by means of which the sender obtains a receipt of delivery from the earner. The provisions of this section do not supersede any statutes or rules of court regarding notice of claims or service of process. In the event of a conflict between this section and any statutes or rules of court, the statutes or rules of court govern. Notice to REA shall be addressed as follows: RE Arena, Inc. Attn: Jody Hodgson One Ralph Engelstad Arena Drive Grand Forks, ND 58203 Phone: 701.777.6633 Facsimile: 701.777.6643 Notice to UND shall be addressed as follows: Attn: Jed Shivers Vice President for Finance and Operations / Chief Operating Officer Twamley Administration Building, Room 314 University of North Dakota 264 Centennial Drive Stop 8378 Grand Forks, ND 58202-8378 Phone: 701.777.3511 Facsimile: 701.777,4082 Bill Chaves, Director of Athletics University of North Dakota 2751 2nd Ave N. Stop 9013 Grand Forks, ND 58202-9018 Phone: 701.777.2993 Facsimile: 701.777.2285 Each party shall promptly advise the other in writing of any change of address or facsimile number. 9.18 - Confidentiality Neither REA nor UND shall disclose or use any private, confidential, proprietary, or trade secret information provided from one to the other except as required in and by the terms of this Agreement or as required by law. REA and UND shall be responsible for the storage, security and custody of their confidential information and shall take reasonable steps to protect against the unauthorized disclosure and use of proprietary and confidential information. In order to be deemed confidential hereunder, information must qualify for at least one exception to North Dakota's open records laws. Specifically, REA and UND shall: 1) Not disclose proprietary and confidential information to any third party without the prior written permission of the other party, and 2) Limit disclosure of proprietary and confidential information to those of the receiving party's officers, employees, agents and representatives who have a need to access proprietary and confidential information and who have been informed of the confidentiality of the information being disclosed and who are under a duty to comply with the confidentiality obligations under this section. 9.19 - Conflicts of Interest REA shall adopt and maintain a Conflicts of Interest policy for officers and members of the REA Board of Directors. 9.20 - Headings This Agreement's paragraph headings are for quick reference and convenience only and do not alter, amend, or otherwise affect the terms and conditions set out herein. COMPLIMENTARY TICKET GRID 2020-2030 HOCKEY Tickets Per Game - UND 700 REA 200 BASKETBALL Tickets Per Game* - UND 450 REA 50 FOOTBALL Tickets Per Game - UND 875 REA 50 VOLLEYBALL Tickets Per Game - UND 225 REA 50 *When Men's and Women's basketball play on the same night (doubleheaders), the 450- ticket allocation is for both games, not each game. The venue utilized for the home games does not affect the complimentary ticket allotment for either Men's or Women's basketball (i.e. BESC or Main Arena). Tickets included in sponsorship packages by UND and REA are not included in the grid as all sponsorship and trade tickets are to be paid tickets. Tickets provided pursuant to the Operation Enduring Friendship (OEF) promotion with the Grand Forks Air Force Base are not included in the grid and do not count against the complimentary ticket allotment of either party provided both UND and REA agree in writing to the OEF complimentary ticket plan. EXHIBIT "A" AGREEMENT FOR SERVICES Marketing / Sales Agreement between University of North Dakota (UNO) and RE Arena, Inc. (REA) In recognition of the mutual benefit derived by UND Athletics (UNO) and the Ralph Engelstad Arena (REA) in collaborating on marketing and sales functions for the UNO athletics enterprise, both parties agree upon the following: Advertising and Marketing UNO will provide the staff, resources, and equipment necessary to market, promote, and advertise UNO athletics and UNO athletic events. Advertising Budget UNO will provide all of the funds necessary to market, promote, and advertise the UND athletic programs. Staffing UNO will provide the staff necessary to market, promote, and advertise UNO athletics and UND athletic events. The UNO Director of Athletics retains the right to approve any and all marketing activities conducted on behalf of the University. Sponsorship and Advertising Inventory REA and UND will consult with each other on advertising and/or sponsorship agreements which impact the other party due to exclusivity or any other terms limiting the other party or requiring use of inventory mutually marketed (e.g., tickets or game promotions). REA reserves the right to market, subject to market conditions and sound business practices, advertising and sponsorships that are mutually agreed upon between REA and UND. When beneficial, a UNO and/or REA representative may accompany a staff member from the other party on a sales call. Any and all Athletic marketing revenue or trade inventory from the mutually agreed upon inventory that is paid or deposited exclusively with UNO will be applied as a credit toward REA's obligation to pay UNO as outlined in the Usage Agreement (e.g., Rydell trade agreement), not including inventory the parties agree to exclude (e.g., Academic Awards and Champions Tour events). Football Inventory: UNO Athletics or its designee will sell the inventory allotted to UNO Athletics by the Alerus Center and all of this sponsorship revenue will go to UNO. Radio Inventory: UND Athletics or its designee / contracted service provider shall sell the radio inventory and UND Athletics or its designee / contracted service provider retains 100% of this revenue. Television Inventory: UND Athletics or its designee / contracted service provider shall sell the television inventory and UND Athletics or its designee / contracted service provider will retain 100% of this revenue. Web based Inventory: UND Athletics or its designee / contracted service provider shall sell web based inventory including but not limited to social media sponsorships and advertising on undsports.com and UND Athletics or its designee / contracted service provider will retain 100% of the revenue from this activity. Betty Engelstad Sioux Center Sponsorship Summary • REA will sell, manage and fulfill all permanent advertising in the BESC, this includes permanent signage such as: o Backlits o Scorer's tables o Goal standards o Triangle signs behind backboards o Permanent court advertising o Any other permanent signage The sale of this inventory is subject to split as outlined in Section 4.1. • UND Athletics ("UND") will sell, manage, and fulfill all temporary event signage and in-game opportunities in the BESC, including the following: o Game sponsorships o In-Game promotions (prior to the game, time-outs, in-game, half-time, post-game) o PA Announcements o BB I VB display opportunity (1 table in a single 8' x 10' area) o Premium items for BB and VB (handouts at doors) o UND will administer and operate all event promotions outlined above. • UND retains 100% of the revenue from the sale of this inventory. *Temporary signage in the BESC defined as any advertising, signage or other content that leaves the court area once the promotion or event is over. It is not displayed or used for the entirety of the event. Examples include floor signage, sideline signage, and in- game s1gnage. • Volleyball and Basketball Game Sponsorships to include: o Media Build-up o Online and social media build up before and during the game o Distribution rights - one table at the game o Two :15 PA announcements during the game o On court signage during halftime promotion (temporary signage) o Opportunity to purchase 10 single game tickets for that sponsored event • Rivalry Series - UND retains the right to sell a rivalry series sponsorship package for major conference opponents and for the games included in this rivalry series package, UND is allowed to place event signage in the BESC that can remain "up" and "visible" through the event, provided it does not conflict with (exclusives) or cover any existing inventory. If UND seeks to sell something not clearly identified above as UND inventory, advance written approval from REA is required. In the flow of what is made available to UND and what is not, REA controls everything and allocates inventory to UND. EXHIBIT "B" Ralph Engelstad Arena Camera Policy REA Camera Policy Non-flash, non-professional still cameras may be used to take pictures at REA events for personal use provided their use does not interfere with the game or other guests' enjoyment of the game. Fans may not block the view of others or block aisles while taking pictures. Camera lenses greater than four inches in length are prohibited. Tripods, monopods, and other camera support pods are prohibited without building issued Media Credentials. The team / event producer reserves the right to deny camera use at any time before, during or after and event and to prohibit the use of any camera that is deemed to be unacceptable. Failure to comply with the Ralph Engelstad Arena Camera Policy may result in the camera being confiscated. REA Recording Policy Video Recorders and/or Digital Cameras with recording capabilities are prohibited at all times time during REA events without building issued Media Credentials. The Ralph Engelstad Arena reserves the right to examine and prohibit use of any camera that it's' personnel deems to be unacceptable. Tape recorders are not allowed at any time. Failure to comply with the Ralph Engelstad Arena Recording Policy may result in the tape / film being confiscated. **The camera policies are general and can be overridden based on a specific request from the team, attraction, artist or promoter. The UND/REA usage agreement is in the quote box. Quoted myself and deleted the post to prevent anyone from having to scroll through the whole thing every time they go to this thread... 1 Quote Link to comment Share on other sites More sharing options...
The Sicatoka Posted November 5, 2021 Share Posted November 5, 2021 50 minutes ago, nodak651 said: Quoted myself and deleted the post to prevent anyone from having to scroll through the whole thing every time they go to this thread... Well played. Quote Link to comment Share on other sites More sharing options...
Hammersmith Posted November 5, 2021 Share Posted November 5, 2021 Rather than everyone having to wade through that thing, here's how most of the money goes: Sept 1 - REA cuts UND a check for $1M as an advance on ticket sales During the entire year, REA takes 100% of ticket sales for MIH, MBB, WBB, VB & FB - this is called the Facility Usage Fee (UND is on the hook for credit card processing fees) During the entire year, REA collects 100% of MIH advertising money in the REA and 100% of permanent advertising for MBB, WBB, VB(UND keeps temporary/movable ad money) REA keeps 100% of concessions REA keeps 100% of suites revenue(1,328 seats, which is 11.4% of the REA capacity) UND pays for all marketing of UND athletics REA deposits $500,000 or thereabouts into a reserve account June 30 - REA gives UND 48% of the ticket revenue collected throughout the year, minus the $1M advance June 30 - REA gives UND 36% of the net advertising money collected(this means REA gets to subtract the costs of printing the ads, etc. before giving UND its cut) Aug 29 - REA cuts UND a check for whatever it wants to, though there's an unofficial agreement that this will be between $500k and $1M. If/when UND takes over management of the arena, UND gets the money in the reserve account Looking at this, I think the USA Today report is accurate. UND "takes in" $4.9M in ticket revenue. The REA then keeps $2.55M of that, which is included in the $3.68M 'Facilities/Overhead' column. The REA then gives back something between $500k-$1M, which is either included in the 'Contributions' or 'Other' columns(probably Contributions). 2 Quote Link to comment Share on other sites More sharing options...
nodak651 Posted November 6, 2021 Share Posted November 6, 2021 5 hours ago, Hammersmith said: Rather than everyone having to wade through that thing, here's how most of the money goes: Sept 1 - REA cuts UND a check for $1M as an advance on ticket sales During the entire year, REA takes 100% of ticket sales for MIH, MBB, WBB, VB & FB - this is called the Facility Usage Fee (UND is on the hook for credit card processing fees) During the entire year, REA collects 100% of MIH advertising money in the REA and 100% of permanent advertising for MBB, WBB, VB(UND keeps temporary/movable ad money) REA keeps 100% of concessions REA keeps 100% of suites revenue(1,328 seats, which is 11.4% of the REA capacity) UND pays for all marketing of UND athletics REA deposits $500,000 or thereabouts into a reserve account June 30 - REA gives UND 48% of the ticket revenue collected throughout the year, minus the $1M advance June 30 - REA gives UND 36% of the net advertising money collected(this means REA gets to subtract the costs of printing the ads, etc. before giving UND its cut) Aug 29 - REA cuts UND a check for whatever it wants to, though there's an unofficial agreement that this will be between $500k and $1M. If/when UND takes over management of the arena, UND gets the money in the reserve account Looking at this, I think the USA Today report is accurate. UND "takes in" $4.9M in ticket revenue. The REA then keeps $2.55M of that, which is included in the $3.68M 'Facilities/Overhead' column. The REA then gives back something between $500k-$1M, which is either included in the 'Contributions' or 'Other' columns(probably Contributions). Thanks for the summary. I just wanted to put the whole thing out there because people just don't understand how much money the Ralph really controls, and people bashed Kennedy for trying to improve this deal... Don't forget 0% merchandise/Sioux Shop. For the record, the Ralph allocated zero dollars profit to UND the past two years. 1 Quote Link to comment Share on other sites More sharing options...
Cratter Posted November 6, 2021 Share Posted November 6, 2021 Seems like a pretty fair deal to me. I mean before the new Ralph they were averaging 5,000 (and minus a 1,000 free ones for the students?) tickets a game and had to run the facility. New $6 million scoreboard probably wouldn't have happen if UND ran the Ralph. Quote Link to comment Share on other sites More sharing options...
nodak651 Posted November 6, 2021 Share Posted November 6, 2021 2 hours ago, Cratter said: Seems like a pretty fair deal to me. I mean before the new Ralph they were averaging 5,000 (and minus a 1,000 free ones for the students?) tickets a game and had to run the facility. New $6 million scoreboard probably wouldn't have happen if UND ran the Ralph. You're probably right. 2 Million of that, saved from UND Athletics profit, could have gone to where UND needed it most.... look at the state of all the other sports right now. Quote Link to comment Share on other sites More sharing options...
Cratter Posted November 6, 2021 Share Posted November 6, 2021 9 minutes ago, nodak651 said: You're probably right. 2 Million of that, saved from UND Athletics profit, could have gone to where UND needed it most.... look at the state of all the other sports right now. Then UND would have had to spend $8 million down the road for the same scoreboard eventually to upgrade it. UND sadly let all their athletic facilities fall into despair. Look at the Hyslop and Memorial Stadium. Luckily others bailed them out. They would have blown that $2 million on a new academic committee on diversity relations or just maybe start a new money sucking sport on campus....like Women's hockey. Oh wait they already tried that. What geniuses over there. Give them more money! Quote Link to comment Share on other sites More sharing options...
nodak651 Posted November 6, 2021 Share Posted November 6, 2021 5 hours ago, Cratter said: Then UND would have had to spend $8 million down the road for the same scoreboard eventually to upgrade it. UND sadly let all their athletic facilities fall into despair. Look at the Hyslop and Memorial Stadium. Luckily others bailed them out. They would have blown that $2 million on a new academic committee on diversity relations or just maybe start a new money sucking sport on campus....like Women's hockey. Oh wait they already tried that. What geniuses over there. Give them more money! Lots of assumptions. The Ralph was built twenty years ago.. the status of UND athletics and college sports in general has changed significantly since then. Can we at least stick to the facts please? The current situation is that pretty much all revenue is controlled by an organization other than the UND Athletic Department, supposedly for the benefit of UND Athletics (as a whole). Look at the status of the basketball programs while they were actually playing in the Hyslop, drawing thousands more than the Betty even holds. Thank God the Ralph helped UND Basketball move into a smaller facility. Imagine if UND actually had to pay for it themselves finance it through the alumni foundation or something, right?! In exchange for the Ralph's donation help, the basketball program only had to give up half of their ticket revenue, two thirds of their marketing sales, and all of their concession sales.. AND they now get to play in a modern and well designed gym, rather than an old dump of an arena which would need tons of updating - a dump like Duke's Cameron Indoor comes to mind, but I guess they are lucky enough in that they can at least design the floor however they want, which would maybe help if they have a branding strategy I guess. If UND M/W Basketball still played at the Hyslop, there's no way they would have won their conference tournaments that one time. As for football, how generous of the Ralph to sell Football tickets on Ticketmaster while only taking 52% of the revenue in return. Even if UND received it's full share of football revenue which has mostly nothing to do with the Ralph, UND would totally be too stupid to use it for things such as coaching pay, to help move the football locker rooms out of a hyslop swimming pool facility, scholarships, food, or even safety equipment. UND Sports programs are doing great! We have the money to attract some of the best coaches in their respective conferences! Our Mens basketball coach even hit a six figure income a few years ago, and that program doesn't lose ALL of their assistants every off season. Meanwhile, the football team has only lost two or three assistants to programs within our own league. In seeing how well UND athletics are currently doing, and considering how UND didn't spend much on it's facilities 20,30,40+ years ago, I guess you're right after all - I admit it! In regard to the money UND generates at the Ralph (and Alerus Center), we are truly lucky that the Ralph is willing to spend it for our Athletic Department. The two million they spent on a new scoreboard was probably the best use of those funds and I'm guessing the payback period on that investment will only be a couple years, at which point they can probably look to buying a full-ice video projection system or gold-plating the Ralph's toilets. It's not like UND could have put that money, and/or some of the 4 million in the Ralphs existing Capital Improvements account toward the number one project on UND Athletics master plan. For the best return to UND Athletics, spending that money to replace the best scoreboard in college hockey for an even besterest scoreboard in college hockey was definitely the best use of those funds. I'm glad the Ralph has UND's best interests in mind, as it would be just a shame if UND invested enough in non hockey sports that UND became attractive to other conferences, given the current climate of college athletics. Wouldn't want to pull or SHSU, Jacksonville State or JMU and put ourselves in a situation that could cause hockey to lose some of it's attention. If/when NDSU and SDSU changes conferences, who gives a crap if we are positioned to move with them anyways, I mean moving to D1 FCS ten years after them turned out great! Quote Link to comment Share on other sites More sharing options...
Cratter Posted November 6, 2021 Share Posted November 6, 2021 TLDR: I'm envious of NDSU and how they are great at football. Why can't UND be like them in football? Must have to spent more money! Quote Link to comment Share on other sites More sharing options...
Cratter Posted November 6, 2021 Share Posted November 6, 2021 Thanks to the decision by Faison to cut sports a few years ago UND has an extra $3 million a year. How's all that extra money working out for them? Quote Link to comment Share on other sites More sharing options...
gfhockey Posted November 6, 2021 Share Posted November 6, 2021 Is the Betty paid off Quote Link to comment Share on other sites More sharing options...
FSSD Posted November 6, 2021 Share Posted November 6, 2021 1 hour ago, gfhockey said: Is the Betty paid off Yes, that finished up last year. Quote Link to comment Share on other sites More sharing options...
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