Fiscal Note
Fiscal Note Pending.
Title
Authorizing the Mayor and City Clerk to enter into the “Second Amendment to the Breese Stevens Stadium Use and Operation Agreement” with Big Top Events LLC for the 2019-2047 calendar years. (District 6)
Body
WHEREAS, the City and Big Top Events, LLC, (the “Parties”) entered into the Breese Stevens Stadium Use and Operation Agreement on January 1, 2019 (the “Agreement”), which Agreement sets forth the terms and conditions upon which Big Top is authorized to use and operate the Breese Stevens Stadium (the “Stadium”) from 2019-2028. The Agreement replaced an earlier use agreement that authorized Big Top’s use of the Stadium beginning in 2016; and,
WHEREAS, the Parties entered into the First Amendment to the Breese Stevens Stadium Use and Operation Agreement on September 11, 2025 (the “First Amendment”), which Agreement updated the limitations on alcohol sales at Stadium Events and the fee schedule; and,
WHEREAS, Big Top desires to make significant capital improvements, at its own cost, to the Stadium to allow for greater and more efficient use of the facility, including adding a permanent stage area, an artists’ green room, a permanent locker and concession building, and stormwater improvements to the Stadium, all of which, under the terms of the existing Agreement, would become the City’s property upon completion; and,
WHEREAS, to fund these capital improvements, Big Top desires changes to the Agreement that will expand its capabilities at the Stadium including increasing the number of concerts that can held on an annual basis, as well as extending the life of the Agreement for an additional 19 years, through 2047; and,
WHEREAS, the Second Amendment establishes additional fees for this expanded use, including a per-ticket fee and show fees, of which a designated amount will be allocated to the Breese Stevens Field Capital Improvement Fund to support the repairs and improvements needed at the stadium; and,
WHEREAS, the Second Amendment includes an increased Facility Use Fee, which may be reduced by a capital improvement credit to no less than $48,000 per year; and,
WHEREAS, Big Top will assume responsibility for maintaining the new capital improvements and will assume greater responsibility for the regular maintenance of the Stadium including winterization and spring opening, resulting in both financial and staff time savings for the City; and,
WHEREAS, the expanded use of the Stadium for concerts includes a limit of no more than five shows per year on a Madison Metropolitan School District school night; and,
WHEREAS, no concerts will be allowed during the same timeframe as Fete de Marquette and the City has the right to establish up to three additional blackout dates beyond school nights with a reasonable amount of notice; and,
WHEREAS, the City recently replaced the Stadium turf, which has a useful life expectancy of ten to twelve years, and the City will be responsible for replacing the turf at Breese Stevens Field with a FIFA approved product during the remaining life of the agreement; and,
WHEREAS, the lighting at Breese Stevens Field was replaced in 2014, which has a useful life expectancy of 20 to 25 years, and the City will be responsible for replacing the Stadium lighting during the remaining life of the agreement with lighting that has greater energy efficiency and reduces skyglow.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are authorized to execute the Second Amendment to the Breese Stevens Stadium Use and Operation Agreement with Big Top Events LLC, on terms consistent with those mentioned herein, in a format that is approved by the City Attorney and that is consistent with the agreement attached hereto.