8.2 SR 06-01-2020Request for Action
To
Item Number
Mayor and City Council
8.2
Agenda Section
Meeting Date
Prepared by
General BusinessJune
1, 2020
Cal Portner, City Administrator
Item Description
Reviewed by
ISD #728 Locker Room Use Agreement
Peter Beck, City Attorney
Reviewed by
Michael Hecker, Parks and Recreation Director
Action Requested
Approve, by motion, a locker room use agreement with ISD #728.
Background/Discussion
During the design phase of the multipurpose facility, communication was had with ISD #728 regarding
dedicated space for high school coaches and players locker rooms among other items of mutual interest.
During the final facility design, the district indicated they would fund and complete the final buildout of
the dedicated space and the district has worked with our architects to coordinate their work as our
subcontractors are on site.
Historically, the city and district have had "hand -shake" agreements spelling out responsibilities and
expectations. We have attempted to identify and formally memorialize these agreements to protect
ourselves and each other and to have a clear record of expectations.
This agreement has been reviewed by legal counsel by both entities and will be approved by both
governing bodies.
Financial Impact
N/A
Attachments
Use Agreement
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional,` 01 e
service, and community engagement that encourages and inspires pi ospei l_ y INAMIRE1
USE AGREEMENT
FOR THE USE AND MAINTENANCE
OF CITY OF ELK RIVER ICE HOCKEY LOCKER ROOMS
THIS AGREEMENT ("AGREEMENT") made and entered into this day of , 2020, by
and between the CITY OF ELK RIVER, a municipal corporation and political subdivision of the State of
Minnesota ("CITY") and INDEPENDENT SCHOOL DISTRICT 728, ("DISTRICT").
WITNESSETH:
WHEREAS, the CITY owns the multipurpose facility located adjacent to Elk River High School; and
WHEREAS, the multipurpose facility includes two (2) ice hockey locker rooms and two (2) coaches' ice
hockey locker rooms ("LOCKER ROOMS") intended for Elk River High School Hockey use; and
WHEREAS, the CITY and the DISTRICT intend to cooperate in the creation, maintenance, repair, and
use of said LOCKER ROOMS.
NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. The DISTRICT shall have exclusive use of the LOCKER ROOMS.
2. There shall be no fees associated with DISTRICT'S the exclusive use of the LOCKER ROOMS.
3. The DISTRICT shall be responsible for the design, construction, and improvement of the LOCKER
ROOMS, consistent with state and local building, fire, and life safety codes.
4. The DISTRICT shall be solely responsible for any repairs, replacements, or enhancements to the
LOCKER ROOMS, consistent with state and local building, fire, and life safety codes.
5. The DISTRICT shall be solely responsible for the general cleaning and housekeeping of the LOCKER
ROOMS.
6. While the DISTRICT is using the LOCKER ROOMS pursuant to the terms of this AGREEMENT, the
DISTRICT agrees to comply with the multipurpose facility rules for use, operation and supervision of
the facility as established by the CITY.
7. All CITY property situated on or within the LOCKER ROOMS shall at all times remain the property of
the CITY. The DISTRICT, as the exclusive user of the LOCKER ROOMS, shall be responsible for the
preservation, repair and upkeep of all city property situated on or within the LOCKER ROOMS, to
include but not limited to fire suppressant systems, doors, light fixtures, wall systems, electrical systems
and IT systems.
8. All DISTRICT property situated on or within the LOCKER ROOMS shall always remain the property of
the DISTRICT and the responsibility of the DISTRICT.
9. The CITY shall have the sole responsibility for scheduling the multipurpose facility, with the DISTRICT
given first priority of scheduling ice time during the MSHSL Hockey Season. Both parties acknowledge
that special situations will occur during the MSHSL Hockey Season such as scheduling of make-up
games due to inclement weather and playoff games. The appropriate CITY recreation staff and
DISTRICT staff shall meet, at minimum, two times annually to discuss season dates and scheduling
opportunities..
10. Except as otherwise provided in this AGREEMENT, the CITY will provide maintenance and
replacement of the CITY property listed in item 7 above.
11. The DISTRICT will provide to the CITY, in writing, detailed plans to construct, demolish, retrofit,
enhance, or replace amenities located in the LOCKER ROOMS prior to the commencement of such
work.
12. The use and responsibilities as stated in this AGREEMENT may be changed or amended only by
written amendment to this AGREEMENT.
13. The CITY reserves the right to allow scheduled and unscheduled general public use of all other
amenities located in the multipurpose facility during times the DISTRICT has contracted for the use of
ice. Such uses include, but are not limited to, use of party rooms, senior center, walking track, general
recreation, and parking.
14. The CITY and the DISTRICT mutually agree to provide liability insurance in amounts not less than the
statutory limits established under Minn, Stat. Ch. 466 to protect and indemnify each other from any and
all claims for injuries and damages occurred or incurred by virtue of the CITY or DISTRICT use of the
facilities identified under this Agreement. Said insurance shall be customarily set by law or industry
standards. The CITY and the DISTRICT shall each add the other as an additional insured and provide
the other with a certificate of insurance. Said insurance shall not be cancelled without at least thirty (30)
days prior written notice to the other party.
15. The CITY shall be responsible for the actions of its employees, agents or contractors performing work
under this AGREEMENT and shall indemnify, defend and hold harmless the DISTRICT for any claims,
actions, or damages resulting therefrom. Nothing contained in this AGREEMENT is intended to create
an employer/employee relationship between the DISTRICT and the CITY, nor the DISTRICT and
employees, agents, and contractors of the CITY.
16. The DISTRICT shall be responsible for the actions of its employees, agents or contractors performing
work under this AGREEMENT and shall indemnify, defend and hold harmless the CITY for any claims,
actions, or damages resulting therefrom. Nothing contained in this AGREEMENT is intended to create
an employer/employee relationship between the CITY and the DISTRICT, nor the CITY and
employees, agents and contractors of the DISTRICT.
17. Notwithstanding the indemnification provided under Paragraphs 15 and 16 of this AGREEMENT, the
provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern
liability of the DISTRICT and the CITY.
18. Nothing contained in this AGREEMENT shall be interpreted as a waiver of any governmental immunity,
defenses, or liability caps contained in state law or elsewhere, nor shall this AGREEMENT be
interpreted to provide for the stacking of any liability limits under state law.
19. This AGREEMENT shall remain in full force and effect until it is either cancelled in writing by either
party upon sixty (60) days -notice, or otherwise terminates by operation of law.
IN WITNESS WHEREOF, the parties hereto have caused this USE AGREEMENT to be executed the
day and year first written above.
CITY OF ELK RIVER
By:
Its:
By:
Its:
Approved as to Form:
Its:
INDEPENDENT SCHOOL DISTRICT 728
By:
Its:
By:
Its: