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3.6. SR 09-20-2004 *Item 3.6.* MEMORANDUM TO: Mayor and City Council FROM: Michele Bergh, Recreation Manager DATE: September 20, 2004 SUBJECT: Trott Brook Farms Barn Policy for Use I have attached a copy of the proposed fee structure for use. This includes rental fees, builcling supervision fees, and deposits. Our goal was to keep the facility affordable, inclucling the cost of a builcling supervisor. Tbe facility is located within a neighborhood and there is currently no off-street parking. We feel it is important at this time to have a supervisor on site to assure minimal inconvenience to the neighbors and to assist with the use of the facility. Additionally, I have attached a copy of the Lions Park Center Policy for Use. Staff reconunends we follow the same policy for use for all indoor city rental facilities for consistency and ease when dealing with the public. Staff Recommendation The policies and fees have been reviewed by the Facility Subcommittee and the Parks and Recreation Commission and, along with staff, we reconunend approval. Trott Brook Barn Rental Fees/Deposits Elk River SOIc3 erouDS and those Qualifvine for this status, Elk River service oreanizations sDecified, District 728* and Non-Citv of Elk River eovernmental elections and caucuses. RENT Events lasting less than 2 Events last 2 or more hours hours ~ondav-Thursday 0 0 Friday-Sunday 0 25 BUILDING SUPERVISION $15/hour DEPOSIT $100 Sherburne Countv/Elk River Residents RENT Events lasting less than 2 Events last 2 or more hours hours ~onday-Thursdav 20 30 Friday-Sunday 20 50 BUILDING SUPERVISION $15/hour DEPOSIT $100 Non-Residents RENT Events lasting less than 2 Events last 2 or more hours hours ~onday- Thursday 40 75 Fridav-Sundav 40 150 BUILDING SUPERVISION $15/hour DEPOSIT $100 *No rent for any events per our agreement with the District. Building Supervision would, however, apply. Lions Park Center GENERAL RULES The user of the Lions Park Center and surrounding grounds agrees to follow these rules: 1. Supervise the conduct of the members of their group. Disorderly conduct of participants is prohibited. 2. Use only spaces approved for use. 3. Leave spaces used in a clean, orderly fashion, including replacing items removed. 4. Trash shall be placed in designated containers. 5. All activities to conclude at the closing time stated on the permit. 6. Comply with all City ordinances, :Minnesota State Statutes, Federal laws and the established rules for use, which apply to authorized use of the Lions Park Center. 7. Use of candles or any open flame is prohibited unless approved in writing. 8. The permit holder shall assume full responsibility for any unlawful act committed in the exercise of the permit. 9. All persons and any equipment associated with the rental must be out of the Lions Park at the end of the rental time. No items are to be left overnight. 10. All bands and audio equipment must stop playing at 12:00 a.m. if inside the building. Outside bands and audio equipment must stop playing at 11 :00 p.m. 11. Violation of these rules may result in forfeiture of all deposit money, the termination of the event, and the loss of opportunity to use the facility in the future. ALCOHOL 1. An Elk River police officer must be present if alcohol served from the time alcohol is served until the end of the event. This will require an additional fee based on a minimum of three (3) hours at $50 per hour. The Facilities Coordinator may waive the presence of the officer for certain portions of the rental period. 2. In the event a caterer is hired to manage the serving of alcohol, the caterer must show proof of having a caterer's permit issued by the Commissioner of Public Health and Safety. The caterer shall notify the Police Chief and the City Clerk of the event. The caterer may sell beer/wine as an incidental part of food service that serves prepared meals. 3. Service and consumption of alcohol is allowed only in the Meeting Room. Alcohol can only be dispensed to persons rwenty- one years of age or older that are attending the event for which the beverage is being served. 4. No compensation may be exchanged for alcohol unless a caterer is hired according to the stipulations as listed in #2 or unless a temporary liquor license is acquired by a club or charitable, religious, or other non profit organization that has been in existence for at least three (3) years. This includes donations, advance sale tickets and tips. 5. No alcohol may be served after 12:00 midnight on Friday and Saturday evenings or after 10:30 p.m. on other nights. 6. The applicant, the caterer, and all parties consuming alcohol must conform to all city and state liquor laws. 7. Applicant must provide a copy of Certificate of Liability Insurance (including host liquor liability) when alcohol is served with total liability for all damages of $1,000,000 per occurrence. In the event a caterer is not hired, a copy of the applicant's homeowner's insurance will be required, showing $1,000,000 of liability coverage. 8. Violation of these rules may result in the denial of future permits for use of the Lions Park Center. Denial of use does not exempt violators from possible civil or criminal prosecution under applicable City Ordinances, State or Federal laws. SMOKING The Lions Park Center is a smoke-free building. Smoking is allowed outside the building in designated smoking areas only. Cigarette butts are to be disposed of in the receptacles provided. Clean up of cigarette butts is required in order to receive full refund of deposit. SUPERVISION The group, individual or organization using Lions Park Center must provide competent adult supervision for the entire time participants are in the building or on the surrounding grounds. LIABILITY AND INDEMNIFICATION The group, individual or organization using any or all of the facilities at Lions Park shall agree to compensate the City of Elk River for all damages to facilities, equipment or other property owned by the City, to compensate an employee for damage to personal property by any persons(s) attending the event, and further assumes all liability for any personal injuries, including death caused by participants in the scheduled event. The permit holder will be responsible for reimbursement of damages, including those in excess of the deposit. Permit holder shall be wholly and solely liable and responsible for any and all acts of every kind and nature of any member, agent, employee or guest of permit holder. Permit holder further agrees to indemnify the City and defend and hold it harmless from any and all damages, claims for damages and claims of each and every nature which might arise out of the use of the Premises during the term hereof occasioned by the act or acts of any of permit holder's members, agents, employees or guests on the Premises. IN NO EVENT SHALL THE CITY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES WHETHER OR NOT FORESEEABLE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF GOODWILL OR PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH LIABILITY. ROOM SET-UP AND DECORATION 1. Room set-up will be done the day of the event by the applicant. 2. Decorations may be put up by the user and must be removed upon completion of the event. Installation of decorations may not inconvenience any other group and must be done within the period of time reserved. Items may not be attached to the walls or ceiling. 3. Paper/metallic confetti or rice shall not be used in the building or on the grounds.