Notes from the Bills/Erie County Memorandum of Understanding

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  • BLeonard
    BoB Sabermetrician
    • Jan 2003
    • 4625

    Notes from the Bills/Erie County Memorandum of Understanding

    If you want to read it in it's entirety , the link for the PDF is here: http://www.democratandchronicle.com/...1984671221.pdf

    I figured, for those who don't want to read it all, I'd provide a "cliff notes" version:

    In the event injunctive relief is not granted or available to the County, ECSC or the State for a breach of the Non-Relocation Agreement during the term of the 2013 Stadium Lease, the Bills will be subject to liquidated damages in the amount of $400,000,000. The Bills will have a one-time option to terminate the 2013 Stadium Lease and the Non-Relocation Agreement on the seventh anniversary of the 2013 Stadium Lease, upon notice to ECSC and the County and payment of a termination fee of $28,363,500.
    So basically, no "free" out at any time. The Bills can, on the 7th anniversary of the Lease, get out of it for the $28 million number. Any other time, before or after that, is the $400 milllion number.

    Each lease year during the 2013 Stadium Lease term, the Bills shall authorize ECSC to make use of Team logos and trademarks valued at $800,000 per lease year in connection with materials and goods sold, distributed and otherwise used in connection with the promotion of the Buffalo, New York area by ECSC. Such use shall be subject to the prior approval of the Bills, in each instance, which approval may not be unreasonably withheld or delayed. In addition, during each lease year, the State of New York (the “State”) shall be given access to that portion of the Stadium (to be depicted in the 2013 Stadium Lease) to be used by the State for purposes of encouraging and fostering economic development, tourism and public awareness for the State and Western New York, and for other charitable or public functions during events that are scheduled at the Stadium (the “I ♥ New York Hospitality Center”).
    The bolded tells me that Erie County plans on doing something each season to try and get people and businesses to come to the area, while using a part of the stadium to hold the event(s).

    The Bills shall pay a base rent of $800,000 on an annual basis. Such rent, when paid, shall be credited to the Bills’ portion of the Annual Capital Improvement Allowance.
    In the previous lease, the Bills only paid rent if their ticket sales were over the NFL Average Net Ticket Revenue, which was a good reason for keeping ticket prices low... It'll be interestng to see if the ticket prices go up, down, or stay the same, especially if the Bills do well during any part of this lease.

    The references in the 1998 Stadium Lease and that certain Construction Coordinating Agreement dated as of August 1, 1998, among the County, ECSC and the Bills, to the marketing plan and the need for the Bills to be satisfied with a certain level of premium seat commitments were relevant only to the prior arrangements and shall not be included in the 2013 Stadium Lease or 2013 Construction Coordinating Agreement.
    If I'm understanding this right, in the previous lease, the county was responsible for makng sure a certain number of premium seats were sold every season. In the new lease, that "minimum guarantee" is gone, which means I'd expect a much bigger push from the Bills end to sell those premium seats, cause that's where a good chunk of their unshared revenue comes from. Any season ticket holder with premium seats expiring after this season could have the Bills by the proverbial balls.

    In those instances in which ECSC or the County seeks to sell admission to any Civic Event, ECSC or the County must use the Bills’ authorized ticket vendor to complete such sales, at ECSC’s or the County’s sole cost.
    So, while Erie County has to use the Bills' ticket vendor (which is TicketMaster) it doesn't look like the Bills pocket the revenues from any sales that aren't Buffalo Bills related, as they did in the past.

    Beginning in the 6th lease year of the 2013 Stadium Lease term, ECSC and the County, in their joint discretion, may apply up to 50% of their contributions to the ACIA to a fund
    established for new stadium design or development (the “New Stadium Fund”). At the joint discretion of ECSC, the County and the Bills, additional amounts from the ACIA may be contributed to the New Stadium Fund in any lease year of the 2013 Stadium Lease term.
    This will be interesting to follow (if it's possible to be followed from "the outside"). The sooner and the greater amount of the money starts going into the fund, the quicker and better the chances are of getting a new stadium, obviously anchoring the Bills to WNY for many years to come.

    The foregoing does not constitute a binding agreement between the Bills, ECSC and the County, as numerous (a) approvals and consents, including, without limitation, consent
    by the NFL Owners in form satisfactory to the Bills, must be obtained and (b) agreements containing significant terms and conditions not mentioned herein must be negotiated and executed.
    Just to keep everyone's feet on the ground... This is only a Memorandum of Understanding, not an actual Lease. From what I've seen on both ends (The Bills and Erie County/NYS) though, this should pass through the political side quickly and be approved at the Owner's meeting in March.


    The rest can be found starting on page 11:

    1. Expansion of live game sound into concourse restrooms $601,000
    2. New HD Video Display system to east end zone $8,764,000
    3. Expanded video control room including full conversion to High Definition $5,092,000
    4. Upgraded Tele/Data infrastructure to meet modern requirements $6,604,000
    5. New data distribution system to support IPTV and distributed TV monitors $4,194,000
    6. East End Zone Renovation including main concourse expansion and addition of a new commissary building $8,331,000
    9. New destination concession and restroom areas on the upper concourse $4,442,000
    10. Relocation and expansion of Team Store to the new west end plaza $2,641,000
    11. New stadium entry plazas including wrought iron security fence $7,108,000
    12. Steel canopies for new stadium entry plazas $1,083,000
    13. Enhanced graphics and way finding throughout entire stadium and gates $3,197,000
    14. Various infrastructure repairs and maintenance items $10,451,000
    15. Refurbish and enhance existing press box area $706,000
    16. Concourse life safety improvements to enhance code compliance $1,195,000
    17. Install galvanized intermediate aisle rails in upper bowl $954,000
    18. New fire alarm detection and notification system in Training Facility $210,000
    19. Add ADA compliant wheelchair seating in 300 level seating areas $165,000
    20. Add ADA compliant wheelchair seating in east and west end zones $609,000
    21. Install handrails on both sides of vomitory ramps on main concourse $1,011,000
    22. Cosmetically upgrade and refurbish all existing toilet rooms $3,938,000
    23. Renovate concession stands to meet modern requirements $4,067,000
    24. New equipment for renovated concession stands $3,923,000
    25. Deploy full POS system for all existing and new concession stands $1,564,000
    26. Renovation of post‐game interview room, field tunnel and storage areas $835,000
    28. Upgraded lighting throughout the main concourse $797,000
    29. Relocate writing press to tower club and convert old press box to 50 yard line club $2,256,000
    30. Repurpose operations area to field level staging area $1,012,000
    31. Cosmetically upgrade stadium suites $5,760,000
    32. Add radiant heat to sideline club seats and newly added areas of main and upper concourse $966,000
    33. Renovation of Time Warner tower club area $1,606,000
    35. Enhanced tailgate experience in parking lots $637,000
    36. Training facility modernization through expansion and upgrades $7,684,000
    Some of the numbers currently say "Intentionally Omitted." That's the reason for the jump in the numbers. My guess is, these were things that were originally part, but left out in the MoA. They may or may not return in the final lease.

    Except as otherwise agreed to by ECSC, the County and the Bills:

    A. The Team will have the right to play one (1) home pre-season game in every other NFL Season at the Rogers Centre in Toronto or at another facility located in the Southern
    Ontario/Western New York region.

    B. The Team will continue to have the right to play one (1) home regular-season game per NFL Season at the Rogers Centre in Toronto or at another facility located in the Southern Ontario/Western New York region.

    C. In addition to the foregoing, should the Team be selected by the NFL to play a home game at an international venue other than Ontario, Canada, the Team will have the right
    to play one (1) home regular-season game at such international venue once during the term of the 2013 Stadium Lease.
    So, no more than 1 Toronto Regular Season game per year and no more than one Toronto Preseason game every other year. They can only play in London (or any other international venue besides Toronto) once during the lease (as the "Home" team). With Jacksonville slated to be the Home team in London for the next 3 years, that significantly reduces the Bills chances of that happening.

    All in all, IMO, a much better lease for Erie County and NYS than the current lease is. In the current lease, the Bills paid nothing towards the total, paid no rent, took the revenue for any event at RWS, had a much lesser buyout in the current lease then they do at any time during the new one and only had to play half of their home games at RWS.

    -Bill
  • clumping platelets

    #2
    Re: Notes from the Bills/Erie County Memorandum of Understanding

    That second section gives NYS one of the suites

    Comment

    • BLeonard
      BoB Sabermetrician
      • Jan 2003
      • 4625

      #3
      Re: Notes from the Bills/Erie County Memorandum of Understanding

      Originally posted by clumping platelets View Post
      That second section gives NYS one of the suites
      Not a bad idea, since the Bills don't fill them anyway...

      Wonder why it doesn't just say that "NYS gets one of the Suites" as opposed to "that portion of the stadium," if that's the case, though.

      I also found it a bit interesting that they're relocating the "writing press" to a Tower Club, while converting the Press Box into a "50 Yard Line Club." have to assume this will be another "Premium Seating" area...

      -Bill

      Comment

      • dannyek71
        Drink Responsibly
        • Dec 2004
        • 6945

        #4
        Re: Notes from the Bills/Erie County Memorandum of Understanding

        Get a coach $4 million
        [

        Comment

        • jamze132
          Don’t hate…
          • Jun 2003
          • 29338

          #5
          Re: Notes from the Bills/Erie County Memorandum of Understanding

          Originally posted by dannyek71 View Post
          Get a coach $4 million
          Double that for a winner.

          Comment

          • Albany,n.y.
            Registered User
            • Jul 2002
            • 5599

            #6
            Re: Notes from the Bills/Erie County Memorandum of Understanding

            Questions: Is the relocation fee from the stadium or from Erie county or WNY? So-If a new stadium is built in the City of Buffalo, can they move right in or do they have to plan it for the buyout in year 7 or pay the big fee to move into it? Are there any clauses that waive the relocation fee if a new stadium is approved by Erie County?

            Comment

            • Don't Panic
              All-Pro Zoner
              • Dec 2005
              • 4227

              #7
              Re: Notes from the Bills/Erie County Memorandum of Understanding

              You rock BL... thanks for the breakdown.

              Looks good to me. And as has been stated, it definitely gives us the chance to be competitive now, with the new coach and/or GM having 7 years+ of security.

              Comment

              • BLeonard
                BoB Sabermetrician
                • Jan 2003
                • 4625

                #8
                Re: Notes from the Bills/Erie County Memorandum of Understanding

                Originally posted by Albany,n.y. View Post
                Questions: Is the relocation fee from the stadium or from Erie county or WNY? So-If a new stadium is built in the City of Buffalo, can they move right in or do they have to plan it for the buyout in year 7 or pay the big fee to move into it? Are there any clauses that waive the relocation fee if a new stadium is approved by Erie County?
                Well, the section that all of that is under is called "OBLIGATION OF THE BILLS TO REMAIN IN BUFFALO."

                In the event that a new stadium would be built in WNY, Erie County and NYS will obviously have a part in funding that. I can't see a situation where they would agree to fund a new stadium, then essentially charge the Bills to move into it. If it's done early, you'd think that the state, Erie County and the Bills would all want to get the team into it ASAP, to start reaping the benefits from the stadium.

                Keep in mind, this isn't the complete lease, either. This is simply a memorandum of understanding, so those questions aren't really covered. My guess is, it will be spelled out much more clearly in the actual lease, but again, I can't see the state or county wanting to punish the Bills for moving into a new stadium that would anchor the Bills to WNY for far longer than the 10 years that theis extention does.

                -Bill

                Comment

                • OpIv37
                  Acid Douching Asswipe
                  • Sep 2002
                  • 101255

                  #9
                  Re: Notes from the Bills/Erie County Memorandum of Understanding

                  Originally posted by Albany,n.y. View Post
                  Questions: Is the relocation fee from the stadium or from Erie county or WNY? So-If a new stadium is built in the City of Buffalo, can they move right in or do they have to plan it for the buyout in year 7 or pay the big fee to move into it? Are there any clauses that waive the relocation fee if a new stadium is approved by Erie County?
                  There has to be some kind of out for a new stadium close enough to Buffalo that they would still be the Buffalo Bills. New stadiums are expensive enough- there's no way the county or the team would want to add $400 million to that cost. Hell, if they don't build a dome, $400 million will cover almost the whole thing.
                  MiKiDo Facebook
                  MiKiDo Website

                  Comment

                  • Don't Panic
                    All-Pro Zoner
                    • Dec 2005
                    • 4227

                    #10
                    Re: Notes from the Bills/Erie County Memorandum of Understanding

                    I'd like to poll the ticket buying public to see if they'd prefer a dome. I think the majority would prefer open air. I know I would.

                    Comment

                    • better days
                      Registered User
                      • Jan 2010
                      • 22028

                      #11
                      Re: Notes from the Bills/Erie County Memorandum of Understanding

                      Originally posted by Albany,n.y. View Post
                      Questions: Is the relocation fee from the stadium or from Erie county or WNY? So-If a new stadium is built in the City of Buffalo, can they move right in or do they have to plan it for the buyout in year 7 or pay the big fee to move into it? Are there any clauses that waive the relocation fee if a new stadium is approved by Erie County?
                      I heard on the John Murphy show that a committee will be formed to look into building a new stadium after the remodel is finished on the Ralph. There are many things to consider with a new stadium, the cost, location, type of stadium; open air or dome. Then studies will have to be done in regards to traffic, impact the Stadium will have on the area it is located etc. Then they will have to pick a company to submit the drawings & plans for the new Stadium. As well as all this, the County, State, Bills & the NFL will have to come to an agreement about how the Stadium will be funded.

                      It will be very time consuming to get everything in place before ground is broken on a new Stadium. I doubt one is up & finished before year 7 of the lease, maybe not until year 10.

                      Comment

                      • BLeonard
                        BoB Sabermetrician
                        • Jan 2003
                        • 4625

                        #12
                        Re: Notes from the Bills/Erie County Memorandum of Understanding

                        Originally posted by Don't Panic View Post
                        I'd like to poll the ticket buying public to see if they'd prefer a dome. I think the majority would prefer open air. I know I would.
                        I posted an article a week or so ago... Originally, instead of RWS, the county and NYS wanted to build the Bills a dome, but apparently, politics got in the way.

                        I know some fans still think that an open air stadium is a "home field advantage," but in all honesty, it hasn't been since the 90's... Also, in this day in age, almost all new stadiums being built are either closed or retractable roofs. They almost have to be anymore, so that it can be used more than 10 times a year, to justify the cost of the stadium.

                        Originally posted by better days View Post
                        I heard on the John Murphy show that a committee will be formed to look into building a new stadium after the remodel is finished on the Ralph. There are many things to consider with a new stadium, the cost, location, type of stadium; open air or dome. Then studies will have to be done in regards to traffic, impact the Stadium will have on the area it is located etc. Then they will have to pick a company to submit the drawings & plans for the new Stadium. As well as all this, the County, State, Bills & the NFL will have to come to an agreement about how the Stadium will be funded.

                        It will be very time consuming to get everything in place before ground is broken on a new Stadium. I doubt one is up & finished before year 7 of the lease, maybe not until year 10.
                        You're partially right. The new stadium committee will actually be formed immediately, not after the remodel is finished. In fact, starting in year 6 of the new lease, the county can start putting up to 50% of the ACIA (Annual Capital Improvement Allowance) into a fund for a new stadium. If agreed on by the Bills and Erie County, they can even put more oney into that fund before year 6. In the MoU, this is explained at the end of page 6 and the start of page 7.

                        Like I said in my initial post, the more money that goes into this fund and the sooner it starts going there is better for the prosects of getting anew stadium done and keeping the Bills in WNY for many years to come. Any new stadium would certainly mean a very lengthy lease.

                        -Bill
                        Last edited by BLeonard; 12-29-2012, 08:02 PM.

                        Comment

                        • ZAZusmc03
                          Registered User
                          • Jan 2010
                          • 1150

                          #13
                          Re: Notes from the Bills/Erie County Memorandum of Understanding

                          A dome is the only choice, IMO. Bring in concerts and other events all year round. An open air stadium does not cut it in today's economy.

                          Comment

                          • trapezeus
                            Legendary Zoner
                            • Oct 2004
                            • 19525

                            #14
                            Re: Notes from the Bills/Erie County Memorandum of Understanding

                            Thanks for this info...very cool to see some details.

                            questions:
                            1. why are they called vomitory ramps. simply because people puke off the side of them
                            2. How is $4MM even remotely close enough to update the bathrooms.
                            3. love the idea of moving the press box off the 50yard line and making that a general box like at the new meadowlands. my seats would benefit greatly from that upgrade...though the cost will probably rocket through the roof.

                            Comment

                            • alnilla
                              Registered User
                              • Dec 2008
                              • 316

                              #15
                              Re: Notes from the Bills/Erie County Memorandum of Understanding

                              East Endzone is the tunnel side??

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