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6.1 MFACSR 09-12-2022 Request for Action To Item Number Multi-Purpose Facility Advisory Commission 6.1 Agenda Section Meeting Date Prepared by Discussion Item September 12, 2022 Tim Dalton, FTCENTER Superintendent Item Description Reviewed by Review 2022-2023 Ice User Contracts Reviewed by Action Requested Staff will walk through the included contracts, seeking your review and feedback. ERYHA Annual Contract ERHS Game Contract ERHS Practice Contract Spectrum Game Contract Spectrum Practice Contract ERFSC Annual Contract MN Squatch Annual Contract Contracts of this type are approved by council action. Financial Impact The details of these contracts will have a significant impact on the revenues and expenses of the FTCENTER. Mission/Policy/Goal Provide the Commission with information pertaining to Ice User Contracts in relation to facility goals, mission and financial impact. Attachments  None The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: August 2020 FURNITURE AND THINGS COMMUNITY EVENT CENTER CITY OF ELK RIVER ELK RIVER YOUTH HOCKEY ASSOCIATION 2022-2023 This ice facility use agreement (Agreement) is made and entered into this ___ day of ____________, 2022 between the City of Elk River, a Minnesota municipal corporation, herein after referred to as (PROVIDER) and the Elk River Youth Hockey Association, herein after referred to as (USER). PROVIDER and USER agree to the following use of ice skating facilities within the Furniture and Things Community Event Center (FTCenter) located at 1000 School Street, Elk River, MN 55330 for the period of __________ to ____________. 1. SCHEDULE OF TIME: PROVIDER agrees to make ice time available to the USER at the time and dates shown on the attached ice use schedule for the USER. Such schedule may be amended from time to time upon the written agreement of both parties’ representatives. USER is required to schedule all facility use in abidance with all facility scheduling protocols. 2. USER agrees to purchase a minimum of 1900 hours of ice according to the rates below. 3. User agrees to pay the lease amounts listed below for space in the FTCenter. 4. RATES: USER agrees to pay the following rates for FTCenter usage: $240 Prime Hourly Ice Rate 9/1/2022 – 8/31/2023 $180 Non-Prime Hourly Ice Rate 9/1/2022 – 8/31/2023 $2,299 Annual Lease: Cornerstone Hallway Office Room # 126 $2,033 Annual Lease: Storage Area #1 Room # 148 $3,750 Annual Lease: Storage Area #2 Room # NA $27,000 ALT #1 20’x90’ Annual Lease: Fieldhouse Training Area Room # NA $18,000 ALT #2 20’x60’ Annual Lease: Fieldhouse Training Area Room # NA No Cost ERYHA will be allowed exclusive use of Party Room # 1 for up to two weeks during fall tryout period. (Overnight storage as needed) No Cost ERYHA will be allowed use of a suitable space for Board Meetings ERYHA will be allowed an additional 25 hours of Party or Meeting room No Cost space annually ERYHA will be allowed use of Lobby Space, Tables and Chairs as for No Cost tourneys and special events Placement of two ER Hockey Logos on each Ice Surface No Cost 5. Estimated Annual Costs a. Cost for 1900 hours of ice: $456,000 b. Office Lease $2,299 c. Storage Area #1 $2,033 d. Storage Area #2 $3,750 e. 20’x90’ Training Area $27,000 f. 20’x60’ Training Area $18,000 i. Alt #1 TOTAL $491,082 ii. Alt # 2 TOTAL $482,082 6. PRIME HOURS: Prime and Non-Prime Hours are described as follows: a. Prime Hours: i. After 2:00pm Monday thru Friday, September 1-May 31. ii. All hours on Saturday and Sunday and non-school days, September 1- May 31. b. Non-Prime Hours: i. All hours June 1 through August 31. ii. 5:00am-1:59pm on School days. 7. SERVICES: PROVIDER agrees to provide a usable ice surface, secure and clean locker facilities, parking facilities and, on the day of games, FTCenter seating for spectators. In addition, on game dates, PROVIDER shall provide appropriate management, Zamboni driver(s) and any cleanup/maintenance staff required by the USER. The USER shall provide ticket seller(s), time/score keeper(s), penalty box attendant(s) and security staff. All USER staffing of games to be reviewed and approved by the PROVIDER. 8. PAYMENTS: PROVIDER shall bill USER on a monthly basis by submitting an itemized list of hourly practice, game ice, and room usage to the USER. Upon proper billing and documentation, USER will promptly pay PROVIDER any required deposits and an amount equal to the number of hours of practice and game ice usage at the rate agreed to. 9. CANCELLATIONS: PROVIDER may cancel this Agreement for any material default by the USER in terms of this Agreement. PROVIDER may also reschedule 2 the dates or times of the scheduled ice usage upon five days written notice to the USER. PROVIDER shall not be held responsible for the cancellation of ice time for reasons beyond the reasonable control of PROVIDER, its agents, or employees, such as but not limited to equipment failure, loss of power, severe weather or acts beyond PROVIDER’S control. In the event of such an occurrence, PROVIDER will attempt to reschedule USER’S ice times or USER may cancel and promptly receive a return of any fees paid. 10. ASSIGNMENT: if scheduled ice time cannot be used by the USER, they shall promptly notify the PROVIDER in writing within 14 days and the PROVIDER will attempt to reassign that time to another group. If the time cannot be assigned to another group, the USER will pay the charged fees for their scheduled time. 11. RULES AND REGULATIONS: USER agrees to use the facilities according to the Rules and Regulations of PROVIDER which will be adopted and posted from time to time within the facility. 12. SIGNAGE: USER recognizes that it does not have rights to post any signs without the express written consent of PROVIDER. Any signs so consented shall conform to and be consistent with the sign usage policy of PROVIDER and be subject to PROVIDER review and approval. 13. LIABILITY: USER acknowledges that PROVIDER has not asserted or accepted any responsibilities for supervision, security or control of USER’S property or activities. USER shall be solely responsible to provide security for its equipment kept on the premises and shall be solely responsible to provide supervision of its players, staff, and spectators, on and off the ice. PROVIDER shall be solely responsible for the action of its employees, agents, and invitees. USER assumes all risks of personal injury arising from its usage of the FTCenter or any part connected or contiguous thereto which result from an act or failure to act on the part of the USER or others over whom it has supervisory responsibility. USER assumes responsibility for damages to the property of PROVIDER arising out of the negligence of USER under its performance of this agreement. PROVIDER will notify the USER of any damages and allow the USER a reasonable opportunity to review the damage before repairs are made. PROVIDER is responsible for the repair or replacement of PROVIDER’S property and will invoice the USER for the damages. USER’S obligation shall be to reimburse PROVIDER for the cost of labor and replacement of like-kind and quality equipment. PROVIDER agrees to indemnify and hold harmless USER from and against all claims, costs, expenses(including attorney fees) and liabilities of whatever nature arising from(i) any negligent or wrongful act or omission of PROVIDER, its licensees, agents, or employees; or (ii) arising from any accident, injury, including death, or damage to 3 any person or property occurring on the premises and caused by the negligence or other wrongful conduct of PROVIDER, excluding claims arising from USER’S performance under this agreement. This paragraph shall not act as a waiver of any tort liability caps or legal immunities that may exist to protect the PROVIDER. USER agrees to indemnify and hold harmless PROVIDER from and against all claims, costs, expenses(including attorney fees) and liabilities of whatever nature arising from (i) any negligent or wrongful act of omission of USER, its licensees, agents, or employees; or (ii) arising from any accident, injury, including death, or damage to any person or property occurring on the premises and caused by the negligence or other wrongful conduct of USER, excluding claims arising from PROVIDER’s performance under this agreement. INSURANCE: Both USER and PROVIDER shall maintain liability insurance against claims for bodily injury, death or property damage occurring on or about the FTCenter. Such insurance shall be written on an occurrence basis with a combined single limit of not less than $1,000,000 per occurrence. If the insurance policy is written on a “claims-made basis,” the party will maintain coverage for a minimum of three years past the expiration of this agreement. The retroactive date of the policy shall be indicated on the certificate of insurance outlining coverage. In addition, both parties shall name the other party as an additional insured with respect to its own operations on said policies of insurance. Both parties will maintain all workers compensation insurance required by law. THIS CONTRACT AND ANY ATTACHED SCHEDULES OR SIGNED ADDENDUMS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN PROVIDER AND USER. THE UNDERSIGNED USER AGREES TO PURCHASE ALL HOURS OUTLINED IN THE ATTACHMENT. NO PROVISION OF THIS AGREEMENT MAY BE CHANGED, WAIVED OR TERMINATED UNLESS DONE IN WRITING AND EXECUTED BY BOTH PROVIDER AND USER. Dated: ______________________ USER: By: Its: Dated: _______________________ PROVIDER: CITY OF ELK RIVER By: 4 By: Approved as to form: By: 5 FURNITURE AND THINGS COMMUNITY EVENT CENTER CITY OF ELK RIVER ICE RENTAL CONTRACT ELK RIVER HIGH SCHOOL GAME EVENTS 2022-2023 This ice facility use agreement (Agreement) is made and entered into this ___ day of ____________, 2022 between the City of Elk River, a Minnesota municipal corporation, herein after referred to as (PROVIDER) and District #728 Schools ELK RIVER HIGH SCHOOL, herein after referred to as (USER). PROVIDER and USER agree to the following use of ice skating facilities within the Furniture and Things Community Event Center (FTCenter) located at 1000 School Street, Elk River, MN 55330 for the period of __________ to ____________. 1. SCHEDULE OF TIME: PROVIDER agrees to make ice time available to the USER at the time and dates shown on the attached ice use schedule for the USER. Such schedule may be amended from time to time upon the written agreement of both parties’ representatives. 2. RATES: USER agrees to pay the following rates for FTCenter usage: $ 240.00 Prime Hourly Ice Rate 9/1/2022 – 8/31/2023 (All Game Ice) $ 100.00 Hourly Game Fee 3. Estimated costs for 2022-23 season games: a. Twenty five (25) game events, Five (5) hours per game event. b. Cost per Game: Ice $1,200. Game Fee $500 TOTAL $1,700 c. Total estimated costs for 2022-23 season games: $42,500 4. PRIME HOURS: Prime and Non-Prime Hours are described as follows: a. Prime Hours: i. After 2:00pm Monday thru Friday, September 1-May 31. ii. All hours on Saturday and Sunday and non-school days, September 1- May 31. b. Non-Prime Hours: i. All hours June 1 through August 31. ii. 5:00am-1:59pm on School days. 5. SERVICES: PROVIDER agrees to provide a usable ice surface, secure and clean locker facilities, parking facilities and, on the day of games, FTCenter seating for spectators. In addition, on game dates, PROVIDER shall provide appropriate management, Zamboni driver(s) and any cleanup/maintenance staff required by the USER. The USER shall provide ticket seller(s), time/score keeper(s), penalty box attendant(s) and security staff. All USER staffing of games to be reviewed and approved by the PROVIDER. 6. PAYMENTS: PROVIDER shall bill USER on a monthly basis by submitting an itemized list of hourly practice and game ice, to the USER. Upon proper billing and documentation, USER will promptly pay PROVIDER any required deposits and an amount equal to the number of hours of practice and game ice usage at the rate agreed to. 7. CANCELLATIONS: PROVIDER may cancel this Agreement for any material default by the USER in terms of this Agreement. PROVIDER may also reschedule the dates or times of the scheduled ice usage upon five days written notice to the USER. PROVIDER shall not be held responsible for the cancellation of ice time for reasons beyond the reasonable control of PROVIDER, its agents, or employees, such as but not limited to equipment failure, loss of power, severe weather or acts beyond PROVIDER’S control. In the event of such an occurrence, PROVIDER will attempt to reschedule USER’S ice times or USER may cancel and promptly receive a return of any fees paid. 8. ASSIGNMENT: if scheduled ice time cannot be used by the USER, they shall promptly notify the PROVIDER in writing within 14 days and the PROVIDER will attempt to reassign that time to another group. If the time cannot be assigned to another group, the USER will pay the charged fees for their scheduled time. 9. RULES AND REGULATIONS: USER agrees to use the facilities according to the Rules and Regulations of PROVIDER which will be adopted and posted from time to time within the facility. 10. SIGNAGE: USER recognizes that it does not have rights to post any signs without the express written consent of PROVIDER. Any signs so consented shall conform to and be consistent with the sign usage policy of PROVIDER and be subject to PROVIDER review and approval. 11. LIABILITY: USER acknowledges that PROVIDER has not asserted or accepted any responsibilities for supervision, security or control of USER’S property or activities. USER shall be solely responsible to provide security for its equipment kept on the premises and shall be solely responsible to provide supervision of its players, staff, and spectators, on and off the ice. PROVIDER shall be solely responsible for the action of its employees, agents, and invitees. 2 USER assumes all risks of personal injury arising from its usage of the FTCenter or any part connected or contiguous thereto which result from an act or failure to act on the part of the USER or others over whom it has supervisory responsibility. USER assumes responsibility for damages to the property of PROVIDER arising out of the negligence of USER under its performance of this agreement. PROVIDER will notify the USER of any damages and allow the USER a reasonable opportunity to review the damage before repairs are made. PROVIDER is responsible for the repair or replacement of PROVIDER’S property and will invoice the USER for the damages. USER’S obligation shall be to reimburse PROVIDER for the cost of labor and replacement of like-kind and quality equipment. PROVIDER agrees to indemnify and hold harmless USER from and against all claims, costs, expenses(including attorney fees) and liabilities of whatever nature arising from(i) any negligent or wrongful act or omission of PROVIDER, its licensees, agents, or employees; or (ii) arising from any accident, injury, including death, or damage to any person or property occurring on the premises and caused by the negligence or other wrongful conduct of PROVIDER, excluding claims arising from USER’S performance under this agreement. This paragraph shall not act as a waiver of any tort liability caps or legal immunities that may exist to protect the PROVIDER. USER agrees to indemnify and hold harmless PROVIDER from and against all claims, costs, expenses(including attorney fees) and liabilities of whatever nature arising from (i) any negligent or wrongful act of omission of USER, its licensees, agents, or employees; or (ii) arising from any accident, injury, including death, or damage to any person or property occurring on the premises and caused by the negligence or other wrongful conduct of USER, excluding claims arising from PROVIDER’s performance under this agreement. INSURANCE: Both USER and PROVIDER shall maintain liability insurance against claims for bodily injury, death or property damage occurring on or about the FTCenter. Such insurance shall be written on an occurrence basis with a combined single limit of not less than $1,000,000 per occurrence. If the insurance policy is written on a “claims-made basis,” the party will maintain coverage for a minimum of three years past the expiration of this agreement. The retroactive date of the policy shall be indicated on the certificate of insurance outlining coverage. In addition, both parties shall name the other party as an additional insured with respect to its own operations on said policies of insurance. Both parties will maintain all workers compensation insurance required by law. THIS CONTRACT AND ANY ATTACHED SCHEDULES OR SIGNED ADDENDUMS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN PROVIDER AND USER. THE UNDERSIGNED USER AGREES TO PURCHASE ALL HOURS OUTLINED IN THE 3 ATTACHMENT. NO PROVISION OF THIS AGREEMENT MAY BE CHANGED, WAIVED OR TERMINATED UNLESS DONE IN WRITING AND EXECUTED BY BOTH PROVIDER AND USER. Dated: ______________________ USER: By: Its: Dated: _______________________ PROVIDER: CITY OF ELK RIVER By: By: Approved as to form: By: 4 FURNITURE AND THINGS COMMUNITY EVENT CENTER CITY OF ELK RIVER ICE RENTAL CONTRACT ELK RIVER HIGH SCHOOL 2022-2023 PRACTICE THIS ICE FACILITY USE AGREEMENT (AGREEMENT) IS MADE AND ENTERED INTO THIS ___ DAY OF ____________, 2022 BETWEEN THE CITY OF ELK RIVER, A MINNESOTA MUNICIPAL CORPORATION, HEREIN AFTER REFERRED TO AS (PROVIDER) AND INDEPENDENT SCHOOL DISTRICT 728, HEREIN AFTER REFERRED TO AS (USER). PROVIDER AND USER AGREE TO THE FOLLOWING USE OF ICE SKATING FACILITIES WITHIN THE FURNITURE AND THINGS COMMUNITY EVENT CENTER (FTCENTER) LOCATED AT 1000 SCHOOL STREET, ELK RIVER, MN 55330 FOR THE PERIOD OF __________ TO ____________. 1. SCHEDULE OF TIME: PROVIDER agrees to make ice time available to the USER at the time and dates shown on the attached ice use schedule for the USER. Such schedule may be amended from time to time upon the written agreement of both parties’ representatives. 2. RATES: USER agrees to pay the following rates for FTCenter usage: $240/hour 3. Estimated number of practice hours reserved: Girls Program 143 hours Boys Program 145 Hours TOTAL HOURS 288 Hours @ $240/hour = $69,120 4. PRIME HOURS: Prime and Non-Prime Hours are described as follows: a. Prime Hours: i. After 2:00pm Monday thru Friday, September 1-May 31. ii. All hours on Saturday and Sunday and non-school days, September 1- May 31. b. Non-Prime Hours: i. All hours June 1 through August 31. ii. 5:00am-1:59pm on School days. 5. SERVICES: PROVIDER agrees to provide a usable ice surface, secure and clean locker facilities, parking facilities and, on the day of games, FTCenter seating for spectators. In addition, on game dates, PROVIDER shall provide appropriate management, Zamboni driver(s) and any cleanup/maintenance staff required by the USER. The USER shall provide ticket seller(s), time/score keeper(s), penalty box attendant(s) and security staff. All USER staffing of games to be reviewed and approved by the PROVIDER. 6. PAYMENTS: PROVIDER shall bill USER on a monthly basis by submitting an itemized list of hourly practice and game ice, to the USER. Upon proper billing and documentation, USER will promptly pay PROVIDER any required deposits and an amount equal to the number of hours of practice and game ice usage at the rate agreed to. 7. CANCELLATIONS: PROVIDER may cancel this Agreement for any material default by the USER in terms of this Agreement. PROVIDER may also reschedule the dates or times of the scheduled ice usage upon five days written notice to the USER. PROVIDER shall not be held responsible for the cancellation of ice time for reasons beyond the reasonable control of PROVIDER, its agents, or employees, such as but not limited to equipment failure, loss of power, severe weather or acts beyond PROVIDER’S control. In the event of such an occurrence, PROVIDER will attempt to reschedule USER’S ice times or USER may cancel and promptly receive a return of any fees paid. 8. ASSIGNMENT: if scheduled ice time cannot be used by the USER, they shall promptly notify the PROVIDER in writing within 14 days and the PROVIDER will attempt to reassign that time to another group. If the time cannot be assigned to another group, the USER will pay the charged fees for their scheduled time. 9. RULES AND REGULATIONS: USER agrees to use the facilities according to the Rules and Regulations of PROVIDER which will be adopted and posted from time to time within the facility. 10. SIGNAGE: USER recognizes that it does not have rights to post any signs without the express written consent of PROVIDER. Any signs so consented shall conform to and be consistent with the sign usage policy of PROVIDER and be subject to PROVIDER review and approval. 11. LIABILITY: USER acknowledges that PROVIDER has not asserted or accepted any responsibilities for supervision, security or control of USER’S property or activities. USER shall be solely responsible to provide security for its equipment kept on the premises and shall be solely responsible to provide supervision of its players, staff, and spectators, on and off the ice. PROVIDER shall be solely responsible for the action of its employees, agents, and invitees. 2 USER assumes all risks of personal injury arising from its usage of the FTCenter or any part connected or contiguous thereto which result from an act or failure to act on the part of the USER or others over whom it has supervisory responsibility. USER assumes responsibility for damages to the property of PROVIDER arising out of the negligence of USER under its performance of this agreement. PROVIDER will notify the USER of any damages and allow the USER a reasonable opportunity to review the damage before repairs are made. PROVIDER is responsible for the repair or replacement of PROVIDER’S property and will invoice the USER for the damages. USER’S obligation shall be to reimburse PROVIDER for the cost of labor and replacement of like-kind and quality equipment. PROVIDER agrees to indemnify and hold harmless USER from and against all claims, costs, expenses(including attorney fees) and liabilities of whatever nature arising from(i) any negligent or wrongful act or omission of PROVIDER, its licensees, agents, or employees; or (ii) arising from any accident, injury, including death, or damage to any person or property occurring on the premises and caused by the negligence or other wrongful conduct of PROVIDER, excluding claims arising from USER’S performance under this agreement. This paragraph shall not act as a waiver of any tort liability caps or legal immunities that may exist to protect the PROVIDER. USER agrees to indemnify and hold harmless PROVIDER from and against all claims, costs, expenses(including attorney fees) and liabilities of whatever nature arising from (i) any negligent or wrongful act of omission of USER, its licensees, agents, or employees; or (ii) arising from any accident, injury, including death, or damage to any person or property occurring on the premises and caused by the negligence or other wrongful conduct of USER, excluding claims arising from PROVIDER’s performance under this agreement. INSURANCE: Both USER and PROVIDER shall maintain liability insurance against claims for bodily injury, death or property damage occurring on or about the FTCenter. Such insurance shall be written on an occurrence basis with a combined single limit of not less than $1,000,000 per occurrence. If the insurance policy is written on a “claims-made basis,” the party will maintain coverage for a minimum of three years past the expiration of this agreement. The retroactive date of the policy shall be indicated on the certificate of insurance outlining coverage. In addition, both parties shall name the other party as an additional insured with respect to its own operations on said policies of insurance. Both parties will maintain all workers compensation insurance required by law. THIS CONTRACT AND ANY ATTACHED SCHEDULES OR SIGNED ADDENDUMS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN PROVIDER AND USER. THE UNDERSIGNED USER AGREES TO PURCHASE ALL HOURS OUTLINED IN THE 3 ATTACHMENT. NO PROVISION OF THIS AGREEMENT MAY BE CHANGED, WAIVED OR TERMINATED UNLESS DONE IN WRITING AND EXECUTED BY BOTH PROVIDER AND USER. Dated: ______________________ USER: By: Its: Dated: _______________________ PROVIDER: CITY OF ELK RIVER By: By: Approved as to form: By: 4 FURNITURE AND THINGS COMMUNITY EVENT CENTER CITY OF ELK RIVER ICE RENTAL CONTRACT SPECTRUM HIGH SCHOOL GAME EVENTS 2022-2023 This ice facility use agreement (Agreement) is made and entered into this ___ day of ____________, 2022 between the City of Elk River, a Minnesota municipal corporation, herein after referred to as (PROVIDER) and SPECTRUM HIGH SCHOOL, herein after referred to as (USER). PROVIDER and USER agree to the following use of ice skating facilities within the Furniture and Things Community Event Center (FTCenter) located at 1000 School Street, Elk River, MN 55330 for the period of __________ to ____________. 1. SCHEDULE OF TIME: PROVIDER agrees to make ice time available to the USER at the time and dates shown on the attached ice use schedule for the USER. Such schedule may be amended from time to time upon the written agreement of both parties’ representatives. 2. RATES: USER agrees to pay the following rates for FTCenter usage: $ 240.00 Prime Hourly Ice Rate 9/1/2022 – 8/31/2023 (All Game Ice) $ 100.00 Hourly Game Fee 3. Estimated costs for 2022-23 season games. a. Eight games, two (2) hours per game. b. Cost per Game: Ice $480. Game Fee $200 TOTAL $680 c. Total estimated costs for 2022-23 season games: $5440. 4. PRIME HOURS: Prime and Non-Prime Hours are described as follows: a. Prime Hours: i. After 2:00pm Monday thru Friday, September 1-May 31. ii. All hours on Saturday and Sunday and non-school days, September 1- May 31. b. Non-Prime Hours: i. All hours June 1 through August 31. ii. 5:00am-1:59pm on School days. 5. SERVICES: PROVIDER agrees to provide a usable ice surface, secure and clean locker facilities, parking facilities and, on the day of games, FTCenter seating for spectators. In addition, on game dates, PROVIDER shall provide appropriate management, Zamboni driver(s) and any cleanup/maintenance staff required by the USER. The USER shall provide ticket seller(s), time/score keeper(s), penalty box attendant(s) and security staff. All USER staffing of games to be reviewed and approved by the PROVIDER. 6. PAYMENTS: PROVIDER shall bill USER on a monthly basis by submitting an itemized list of hourly practice and game ice to the USER. Upon proper billing and documentation, USER will promptly pay PROVIDER any required deposits and an amount equal to the number of hours of practice and game ice usage at the rate agreed to. 7. CANCELLATIONS: PROVIDER may cancel this Agreement for any material default by the USER in terms of this Agreement. PROVIDER may also reschedule the dates or times of the scheduled ice usage upon five days written notice to the USER. PROVIDER shall not be held responsible for the cancellation of ice time for reasons beyond the reasonable control of PROVIDER, its agents, or employees, such as but not limited to equipment failure, loss of power, severe weather or acts beyond PROVIDER’S control. In the event of such an occurrence, PROVIDER will attempt to reschedule USER’S ice times or USER may cancel and promptly receive a return of any fees paid. 8. ASSIGNMENT: if scheduled ice time cannot be used by the USER, they shall promptly notify the PROVIDER in writing within 14 days and the PROVIDER will attempt to reassign that time to another group. If the time cannot be assigned to another group, the USER will pay the charged fees for their scheduled time. 9. RULES AND REGULATIONS: USER agrees to use the facilities according to the Rules and Regulations of PROVIDER which will be adopted and posted from time to time within the facility. 10. SIGNAGE: USER recognizes that it does not have rights to post any signs without the express written consent of PROVIDER. Any signs so consented shall conform to and be consistent with the sign usage policy of PROVIDER and be subject to PROVIDER review and approval. 11. LIABILITY: USER acknowledges that PROVIDER has not asserted or accepted any responsibilities for supervision, security or control of USER’S property or activities. USER shall be solely responsible to provide security for its equipment kept on the premises and shall be solely responsible to provide supervision of its players, staff, and spectators, on and off the ice. PROVIDER shall be solely responsible for the action of its employees, agents, and invitees. 2 USER assumes all risks of personal injury arising from its usage of the FTCenter or any part connected or contiguous thereto which result from an act or failure to act on the part of the USER or others over whom it has supervisory responsibility. USER assumes responsibility for damages to the property of PROVIDER arising out of the negligence of USER under its performance of this agreement. PROVIDER will notify the USER of any damages and allow the USER a reasonable opportunity to review the damage before repairs are made. PROVIDER is responsible for the repair or replacement of PROVIDER’S property and will invoice the USER for the damages. USER’S obligation shall be to reimburse PROVIDER for the cost of labor and replacement of like-kind and quality equipment. PROVIDER agrees to indemnify and hold harmless USER from and against all claims, costs, expenses(including attorney fees) and liabilities of whatever nature arising from(i) any negligent or wrongful act or omission of PROVIDER, its licensees, agents, or employees; or (ii) arising from any accident, injury, including death, or damage to any person or property occurring on the premises and caused by the negligence or other wrongful conduct of PROVIDER, excluding claims arising from USER’S performance under this agreement. This paragraph shall not act as a waiver of any tort liability caps or legal immunities that may exist to protect the PROVIDER. USER agrees to indemnify and hold harmless PROVIDER from and against all claims, costs, expenses(including attorney fees) and liabilities of whatever nature arising from (i) any negligent or wrongful act of omission of USER, its licensees, agents, or employees; or (ii) arising from any accident, injury, including death, or damage to any person or property occurring on the premises and caused by the negligence or other wrongful conduct of USER, excluding claims arising from PROVIDER’s performance under this agreement. INSURANCE: Both USER and PROVIDER shall maintain liability insurance against claims for bodily injury, death or property damage occurring on or about the FTCenter. Such insurance shall be written on an occurrence basis with a combined single limit of not less than $1,000,000 per occurrence. If the insurance policy is written on a “claims-made basis,” the party will maintain coverage for a minimum of three years past the expiration of this agreement. The retroactive date of the policy shall be indicated on the certificate of insurance outlining coverage. In addition, both parties shall name the other party as an additional insured with respect to its own operations on said policies of insurance. Both parties will maintain all workers compensation insurance required by law. THIS CONTRACT AND ANY ATTACHED SCHEDULES OR SIGNED ADDENDUMS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN PROVIDER AND USER. THE UNDERSIGNED USER AGREES TO PURCHASE ALL HOURS OUTLINED IN THE 3 ATTACHMENT. NO PROVISION OF THIS AGREEMENT MAY BE CHANGED, WAIVED OR TERMINATED UNLESS DONE IN WRITING AND EXECUTED BY BOTH PROVIDER AND USER. Dated: ______________________ USER: By: Its: Dated: _______________________ PROVIDER: CITY OF ELK RIVER By: By: Approved as to form: By: 4 FURNITURE AND THINGS COMMUNITY EVENT CENTER CITY OF ELK RIVER ICE RENTAL CONTRACT SPECTRUM HIGH SCHOOL 2022-2023 PRACTICE THIS ICE FACILITY USE AGREEMENT (AGREEMENT) IS MADE AND ENTERED INTO THIS ___ DAY OF ____________, 2022 BETWEEN THE CITY OF ELK RIVER, A MINNESOTA MUNICIPAL CORPORATION, HEREIN AFTER REFERRED TO AS (PROVIDER) AND SPECTRUM HIGH SCHOOL, HEREIN AFTER REFERRED TO AS (USER). PROVIDER AND USER AGREE TO THE FOLLOWING USE OF ICE SKATING FACILITIES WITHIN THE FURNITURE AND THINGS COMMUNITY EVENT CENTER (FTCENTER) LOCATED AT 1000 SCHOOL STREET, ELK RIVER, MN 55330 FOR THE PERIOD OF __________ TO ____________. 1. SCHEDULE OF TIME: PROVIDER agrees to make ice time available to the USER at the time and dates shown on the attached ice use schedule for the USER. Such schedule may be amended from time to time upon the written agreement of both parties’ representatives. 2. RATES: USER agrees to pay the following rates for FTCenter usage: $240/hour 3. Estimated number of practice hours reserved 45 @ $240/hour Total dollar amount of estimated hours contracted $10,800 4. PRIME HOURS: Prime and Non-Prime Hours are described as follows: a. Prime Hours: i. After 2:00pm Monday thru Friday, September 1-May 31. ii. All hours on Saturday and Sunday and non-school days, September 1- May 31. b. Non-Prime Hours: i. All hours June 1 through August 31. ii. 5:00am-1:59pm on School days. 5. SERVICES: PROVIDER agrees to provide a usable ice surface, secure and clean locker facilities, parking facilities and, on the day of games, FTCenter seating for spectators. In addition, on game dates, PROVIDER shall provide appropriate management, Zamboni driver(s) and any cleanup/maintenance staff required by the USER. The USER shall provide ticket seller(s), time/score keeper(s), penalty box attendant(s) and security staff. All USER staffing of games to be reviewed and approved by the PROVIDER. 6. PAYMENTS: PROVIDER shall bill USER on a monthly basis by submitting an itemized list of hourly practice and game ice, to the USER. Upon proper billing and documentation, USER will promptly pay PROVIDER any required deposits and an amount equal to the number of hours of practice and game ice usage at the rate agreed to. 7. CANCELLATIONS: PROVIDER may cancel this Agreement for any material default by the USER in terms of this Agreement. PROVIDER may also reschedule the dates or times of the scheduled ice usage upon five days written notice to the USER. PROVIDER shall not be held responsible for the cancellation of ice time for reasons beyond the reasonable control of PROVIDER, its agents, or employees, such as but not limited to equipment failure, loss of power, severe weather or acts beyond PROVIDER’S control. In the event of such an occurrence, PROVIDER will attempt to reschedule USER’S ice times or USER may cancel and promptly receive a return of any fees paid. 8. ASSIGNMENT: if scheduled ice time cannot be used by the USER, they shall promptly notify the PROVIDER in writing within 14 days and the PROVIDER will attempt to reassign that time to another group. If the time cannot be assigned to another group, the USER will pay the charged fees for their scheduled time. 9. RULES AND REGULATIONS: USER agrees to use the facilities according to the Rules and Regulations of PROVIDER which will be adopted and posted from time to time within the facility. 10. SIGNAGE: USER recognizes that it does not have rights to post any signs without the express written consent of PROVIDER. Any signs so consented shall conform to and be consistent with the sign usage policy of PROVIDER and be subject to PROVIDER review and approval. 11. LIABILITY: USER acknowledges that PROVIDER has not asserted or accepted any responsibilities for supervision, security or control of USER’S property or activities. USER shall be solely responsible to provide security for its equipment kept on the premises and shall be solely responsible to provide supervision of its players, staff, and spectators, on and off the ice. PROVIDER shall be solely responsible for the action of its employees, agents, and invitees. USER assumes all risks of personal injury arising from its usage of the FTCenter or any part connected or contiguous thereto which result from an act or failure to act on the part of the USER or others over whom it has supervisory responsibility. USER assumes responsibility for damages to the property of PROVIDER arising out of the 2 negligence of USER under its performance of this agreement. PROVIDER will notify the USER of any damages and allow the USER a reasonable opportunity to review the damage before repairs are made. PROVIDER is responsible for the repair or replacement of PROVIDER’S property and will invoice the USER for the damages. USER’S obligation shall be to reimburse PROVIDER for the cost of labor and replacement of like-kind and quality equipment. PROVIDER agrees to indemnify and hold harmless USER from and against all claims, costs, expenses(including attorney fees) and liabilities of whatever nature arising from(i) any negligent or wrongful act or omission of PROVIDER, its licensees, agents, or employees; or (ii) arising from any accident, injury, including death, or damage to any person or property occurring on the premises and caused by the negligence or other wrongful conduct of PROVIDER, excluding claims arising from USER’S performance under this agreement. This paragraph shall not act as a waiver of any tort liability caps or legal immunities that may exist to protect the PROVIDER. USER agrees to indemnify and hold harmless PROVIDER from and against all claims, costs, expenses(including attorney fees) and liabilities of whatever nature arising from (i) any negligent or wrongful act of omission of USER, its licensees, agents, or employees; or (ii) arising from any accident, injury, including death, or damage to any person or property occurring on the premises and caused by the negligence or other wrongful conduct of USER, excluding claims arising from PROVIDER’s performance under this agreement. INSURANCE: Both USER and PROVIDER shall maintain liability insurance against claims for bodily injury, death or property damage occurring on or about the FTCenter. Such insurance shall be written on an occurrence basis with a combined single limit of not less than $1,000,000 per occurrence. If the insurance policy is written on a “claims-made basis,” the party will maintain coverage for a minimum of three years past the expiration of this agreement. The retroactive date of the policy shall be indicated on the certificate of insurance outlining coverage. In addition, both parties shall name the other party as an additional insured with respect to its own operations on said policies of insurance. Both parties will maintain all workers compensation insurance required by law. THIS CONTRACT AND ANY ATTACHED SCHEDULES OR SIGNED ADDENDUMS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN PROVIDER AND USER. THE UNDERSIGNED USER AGREES TO PURCHASE ALL HOURS OUTLINED IN THE ATTACHMENT. NO PROVISION OF THIS AGREEMENT MAY BE CHANGED, WAIVED OR TERMINATED UNLESS DONE IN WRITING AND EXECUTED BY BOTH PROVIDER AND USER. 3 Dated: ______________________ USER: By: Its: Dated: _______________________ PROVIDER: CITY OF ELK RIVER By: By: Approved as to form: By: 4 FURNITURE AND THINGS COMMUNITY EVENT CENTER CITY OF ELK RIVER ICE RENTAL CONTRACT ELK RIVER FIGURE SKATING CLUB 2022-2023 THIS ICE FACILITY USE AGREEMENT (AGREEMENT) IS MADE AND ENTERED INTO THIS ___ DAY OF ____________, 2022 BETWEEN THE CITY OF ELK RIVER, A MINNESOTA MUNICIPAL CORPORATION, HEREIN AFTER REFERRED TO AS (PROVIDER) AND ELK RIVER FIGURE SKATING CLUB , HEREIN AFTER REFERRED TO AS (USER). PROVIDER AND USER AGREE TO THE FOLLOWING USE OF ICE SKATING FACILITIES WITHIN THE FURNITURE AND THINGS COMMUNITY EVENT CENTER (FTCENTER) LOCATED AT 1000 SCHOOL STREET, ELK RIVER, MN 55330 FOR THE PERIOD OF __________ TO ____________. 1. SCHEDULE OF TIME: PROVIDER agrees to make ice time available to the USER at the time and dates shown on the attached ice use schedule for the USER. Such schedule may be amended from time to time upon the written agreement of both parties’ representatives. 2. RATES: USER agrees to pay the following rates for FTCenter usage: $ 240.00 Prime Hourly Ice Rate 9/1/2022 – 3/13/2023 $ 180.00 Non-Prime Hourly Ice Rate 3/14/2023 - 8/31-2023 3. Estimated total hours rented 320 Prime Time hours rented 190 Cost @ $240/hour $45,600 Non-Prime hours rented 130 Cost @ $180/hour $23,400 Total value at time of contract $69,000 4. PRIME HOURS: Prime and Non-Prime Hours are described as follows: a. Prime Hours: i. After 2:00pm Monday thru Friday, September 1-May 31. ii. All hours on Saturday and Sunday and non-school days, September 1- May 31. b. Non-Prime Hours: i. All hours June 1 through August 31. ii. 5:00am-1:59pm on School days. 5. SERVICES: PROVIDER agrees to provide a usable ice surface, secure and clean locker facilities, parking facilities and, on the day of games, FTCenter seating for spectators. In addition, on game dates, PROVIDER shall provide appropriate management, Zamboni driver(s) and any cleanup/maintenance staff required by the USER. The USER shall provide ticket seller(s), time/score keeper(s), penalty box attendant(s) and security staff. All USER staffing of games to be reviewed and approved by the PROVIDER. 6. PAYMENTS: PROVIDER shall bill USER on a monthly basis by submitting an itemized list of hourly practice and game ice, to the USER. Upon proper billing and documentation, USER will promptly pay PROVIDER any required deposits and an amount equal to the number of hours of practice and game ice usage at the rate agreed to. 7. CANCELLATIONS: PROVIDER may cancel this Agreement for any material default by the USER in terms of this Agreement. PROVIDER may also reschedule the dates or times of the scheduled ice usage upon five days written notice to the USER. PROVIDER shall not be held responsible for the cancellation of ice time for reasons beyond the reasonable control of PROVIDER, its agents, or employees, such as but not limited to equipment failure, loss of power, severe weather or acts beyond PROVIDER’S control. In the event of such an occurrence, PROVIDER will attempt to reschedule USER’S ice times or USER may cancel and promptly receive a return of any fees paid. 8. ASSIGNMENT: if scheduled ice time cannot be used by the USER, they shall promptly notify the PROVIDER in writing within 14 days and the PROVIDER will attempt to reassign that time to another group. If the time cannot be assigned to another group, the USER will pay the charged fees for their scheduled time. 9. RULES AND REGULATIONS: USER agrees to use the facilities according to the Rules and Regulations of PROVIDER which will be adopted and posted from time to time within the facility. 10. SIGNAGE: USER recognizes that it does not have rights to post any signs without the express written consent of PROVIDER. Any signs so consented shall conform to and be consistent with the sign usage policy of PROVIDER and be subject to PROVIDER review and approval. 11. LIABILITY: USER acknowledges that PROVIDER has not asserted or accepted any responsibilities for supervision, security or control of USER’S property or activities. USER shall be solely responsible to provide security for its equipment kept on the premises and shall be solely responsible to provide supervision of its players, staff, and spectators, on and off the ice. PROVIDER shall be solely responsible for the action of its employees, agents, and invitees. 2 USER assumes all risks of personal injury arising from its usage of the FTCenter or any part connected or contiguous thereto which result from an act or failure to act on the part of the USER or others over whom it has supervisory responsibility. USER assumes responsibility for damages to the property of PROVIDER arising out of the negligence of USER under its performance of this agreement. PROVIDER will notify the USER of any damages and allow the USER a reasonable opportunity to review the damage before repairs are made. PROVIDER is responsible for the repair or replacement of PROVIDER’S property and will invoice the USER for the damages. USER’S obligation shall be to reimburse PROVIDER for the cost of labor and replacement of like-kind and quality equipment. PROVIDER agrees to indemnify and hold harmless USER from and against all claims, costs, expenses(including attorney fees) and liabilities of whatever nature arising from(i) any negligent or wrongful act or omission of PROVIDER, its licensees, agents, or employees; or (ii) arising from any accident, injury, including death, or damage to any person or property occurring on the premises and caused by the negligence or other wrongful conduct of PROVIDER, excluding claims arising from USER’S performance under this agreement. This paragraph shall not act as a waiver of any tort liability caps or legal immunities that may exist to protect the PROVIDER. USER agrees to indemnify and hold harmless PROVIDER from and against all claims, costs, expenses(including attorney fees) and liabilities of whatever nature arising from (i) any negligent or wrongful act of omission of USER, its licensees, agents, or employees; or (ii) arising from any accident, injury, including death, or damage to any person or property occurring on the premises and caused by the negligence or other wrongful conduct of USER, excluding claims arising from PROVIDER’s performance under this agreement. INSURANCE: Both USER and PROVIDER shall maintain liability insurance against claims for bodily injury, death or property damage occurring on or about the FTCenter. Such insurance shall be written on an occurrence basis with a combined single limit of not less than $1,000,000 per occurrence. If the insurance policy is written on a “claims-made basis,” the party will maintain coverage for a minimum of three years past the expiration of this agreement. The retroactive date of the policy shall be indicated on the certificate of insurance outlining coverage. In addition, both parties shall name the other party as an additional insured with respect to its own operations on said policies of insurance. Both parties will maintain all workers compensation insurance required by law. THIS CONTRACT AND ANY ATTACHED SCHEDULES OR SIGNED ADDENDUMS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN PROVIDER AND USER. THE UNDERSIGNED USER AGREES TO PURCHASE ALL HOURS OUTLINED IN THE 3 ATTACHMENT. NO PROVISION OF THIS AGREEMENT MAY BE CHANGED, WAIVED OR TERMINATED UNLESS DONE IN WRITING AND EXECUTED BY BOTH PROVIDER AND USER. Dated: ______________________ USER: By: Its: Dated: _______________________ PROVIDER: CITY OF ELK RIVER By: By: Approved as to form: By: 4 Furniture and Things Community Event Center Contract This ice facility use agreement (Agreement) is made and entered into this ___ day of ____________, 2022 between the City of Elk River, a Minnesota municipal corporation, herein after referred to as (PROVIDER) and the Minnesota Squatch, a member of the United State Premier Hockey League (USPHL), herein after referred to as (USER). PROVIDER and USER agree to the following use of ice skating facilities within the Furniture and Things Community Event Center (FTCenter) located at 1000 School Street, Elk River, MN 55330 for the period of __________ to ____________. 1. SCHEDULE OF TIME: PROVIDER agrees to make ice time available to the USER at the time and dates shown on the attached ice use schedule for the USER. Such schedule may be amended from time to time upon the written agreement of both parties’ representatives. 2. RATES: USER agrees to pay the following rates for FTCenter usage: $ 235.00 Prime Hourly Ice Rate 9/1/2022 – 9/1/2023 (All Game Ice) $ 135.00 Daytime Hourly Practice Ice Rate $ 180.00 Nonprime Hourly Ice Rate 9/1/2022 – 9/1/2023 $ 50.00 Per Game Fee $ 3,000.00 Annual Team Room/Office Rent 3. PRIME HOURS: Prime and Non-Prime Hours are described as follows: a. Prime Hours: i. After 2:00pm Monday thru Friday, September 1-May 31. ii. All hours on Saturday and Sunday and non-school days, September 1- May 31. b. Non-Prime Hours: i. All hours June 1 through August 31. ii. 5:00am-1:59pm on School days. 4. SERVICES: PROVIDER agrees to provide a usable ice surface, secure and clean locker facilities, parking facilities and, on the day of games, FTCenter seating for spectators. In addition, on game dates, PROVIDER shall provide appropriate management, Zamboni driver(s) and any cleanup/maintenance staff required by the USER. The USER shall provide ticket seller(s), time/score keeper(s), penalty box attendant(s) and security staff. All USER staffing of games to be reviewed and approved by the PROVIDER. 5. TEAM ROOM, OFFICE SPACE AND SALES OF MERCHANDISE: USER will be allowed to utilize Locker Room #12 as its resident team room for the 2022-23 hockey season. Team Room location is delineated on Exhibit 1. USER shall be entitled to exclusive use of certain locker rooms, as determined by PROVIDER, during the term of this agreement. In exchange for exclusive use of the assigned locker rooms USER agrees to keep the locker rooms in a clean, safe, and sanitary condition, free of debris, unsightly conditions, and unreasonable odor. PROVIDER shall clean the locker rooms and bathrooms on a regular schedule as determined by PROVIDER. PROVIDER will furnish bathroom tissue and paper towels. PROVIDER and USER will conduct a locker room inspection before and after each hockey season to evaluate locker room physical conditions. PROVIDER shall have the right to use the locker rooms outside of the hockey season and said events will be coordinated with USER. USER will be responsible for all labor and costs associated with the installation of any improvements or attachments, including player locker stalls in Locker Room #12. USER shall not install any improvements or attachments without prior written approval. At the conclusion of the use of Locker Room #12 by the USER, any equipment attached in any way to the FTCenter, such as player locker stalls, white boards, etc., shall become the property of the city and shall remain in the FTCenter; and the USER shall be responsible for the repair of any damage to Locker Room #12. a. PROVIDER agrees to identify and provide for use by the USER office space described on Exhibit 1, identified there on as “office”, for the exclusive use by USER, and to provide for use by USER such additional space, as designated by PROVIDER as is reasonable required by USER for USER’S sales of team merchandise. 6. EXCLUSIVE VENUE: The USER agrees to hold all Minnesota Squatch branded events, Camps, Practices, Home Games, Tournaments, Tryouts, Training sessions, and any other team activities at the FTCenter. 7. FTCenter ACCESS: Keys and/or electronic access cards to the FTCenter and/or locker rooms are the exclusive property of the PROVIDER and will be issued as deemed necessary by the FTCenter management to USER’s approved personnel. Keys and/or access cards must be signed for at the beginning of each season and returned no later than two weeks after the last day of the season. Keys and/or electronic access cards may not be duplicated by USER or any of USER’s coaches or personnel. Duplication of keys and/or electronic access cards or other security breaches may be considered a breach of this Agreement and, in addition to other remedies, may result in restriction or loss of after-hours access privileges. If PROVIDER determines that a breach of security has resulted due to a violation of this paragraph PROVIDER may change the locks or change electronic access codes to the FTCenter at USER’s expense. 2 8. ANCILLARY USE OF FACILITIES: PROVIDER will allow USER reasonable limited access to and use of the FTCenter training and meeting rooms for activities ancillary to the USER’s ice hockey activities without charge. Ancillary uses are defined as team meetings when a coach is present. USER and USER’s support staff shall have use of appropriate space, as determined by the PROVIDER, without expense to conduct additional events throughout the term of the contract focused on community engagement and involvement and youth hockey activities (fundraisers, camps, etc.). USER and USER’s support staff will be allowed to bring food and beverages into the facility for personal consumption, in the same manner that PROVIDER’S staff are permitted to do so. Regarding all other food service needs, the USER will abide by the agreement with the PROVIDERS excusive food service provider, SERRANO BROTHERS CATERING. All ancillary use of the facilities must be scheduled with PROVIDER in advance and are subject to availability. PROVIDER has discretion to assign use of rooms or to modify room assignments to accommodate other priority or paid users. USER agrees to keep the facilities in a clean and orderly condition and in at least as good a condition as existed prior to USER’s ancillary use. USER agrees to pay for the actual costs of cleanup as determined by PROVIDER if the PROVIDER determines the ancillary use required additional cleaning service. 9. PAYMENTS: PROVIDER shall bill USER on a monthly basis by submitting an itemized list of hourly practice, game ice, and room usage to the USER. Upon proper billing and documentation, USER will promptly pay PROVIDER any required deposits and an amount equal to the number of hours of practice and game ice usage at the rate agreed to. 10. CANCELLATIONS: PROVIDER may cancel this Agreement for any material default by the USER in terms of this Agreement. PROVIDER may also reschedule the dates or times of the scheduled ice usage upon five days written notice to the USER. PROVIDER shall not be held responsible for the cancellation of ice time for reasons beyond the reasonable control of PROVIDER, its agents, or employees, such as but not limited to equipment failure, loss of power, severe weather or acts beyond PROVIDER’S control. In the event of such an occurrence, PROVIDER will attempt to reschedule USER’S ice times or USER may cancel and promptly receive a return of any fees paid. 11. ASSIGNMENT: if scheduled ice time cannot be used by the USER, they shall promptly notify the PROVIDER in writing within 14 days and the PROVIDER will attempt to reassign that time to another group. If the time cannot be assigned to another group, the USER will pay the charged fees for their scheduled time. 12. RULES AND REGULATIONS: USER agrees to use the facilities according to the Rules and Regulations of PROVIDER which will be adopted and posted from time to time within the facility. 3 13. SIGNAGE: USER recognizes that it does not have rights to post any signs without the express written consent of PROVIDER. Any signs so consented shall conform to and be consistent with the sign usage policy of PROVIDER and be subject to PROVIDER review and approval. USER will be allowed placement of two ten foot by seven foot (10’ x 7’) on-ice team branded logos on the Cornerstone Automotive Arena ice surface. All costs for creation of the logo art, ice applique or template, and any costs for installation, will be the responsibility of the USER. Any on ice applications shall conform to and be consistent with the sign usage policy of PROVIDER and be subject to PROVIDER review and approval. 14. LIABILITY: USER acknowledges that PROVIDER has not asserted or accepted any responsibilities for supervision, security or control of USER’S property or activities. USER shall be solely responsible to provide security for its equipment kept on the premises and shall be solely responsible to provide supervision of its players, staff, and spectators, on and off the ice. PROVIDER shall be solely responsible for the action of its employees, agents, and invitees. USER assumes all risks of personal injury arising from its usage of the FTCenter or any part connected or contiguous thereto which result from an act or failure to act on the part of the USER or others over whom it has supervisory responsibility. USER assumes responsibility for damages to the property of PROVIDER arising out of the negligence of USER under its performance of this agreement. PROVIDER will notify the USER of any damages and allow the USER a reasonable opportunity to review the damage before repairs are made. PROVIDER is responsible for the repair or replacement of PROVIDER’S property and will invoice the USER for the damages. USER’S obligation shall be to reimburse PROVIDER for the cost of labor and replacement of like-kind and quality equipment. PROVIDER agrees to indemnify and hold harmless USER from and against all claims, costs, expenses(including attorney fees) and liabilities of whatever nature arising from(i) any negligent or wrongful act or omission of PROVIDER, its licensees, agents, or employees; or (ii) arising from any accident, injury, including death, or damage to any person or property occurring on the premises and caused by the negligence or other wrongful conduct of PROVIDER, excluding claims arising from USER’S performance under this agreement. This paragraph shall not act as a waiver of any tort liability caps or legal immunities that may exist to protect the PROVIDER. USER agrees to indemnify and hold harmless PROVIDER from and against all claims, costs, expenses(including attorney fees) and liabilities of whatever nature arising from (i) any negligent or wrongful act of omission of USER, its licensees, agents, or employees; or (ii) arising from any accident, injury, including death, or damage to any person or property occurring on the premises and caused by the negligence or other 4 wrongful conduct of USER, excluding claims arising from PROVIDER’s performance under this agreement. INSURANCE: Both USER and PROVIDER shall maintain liability insurance against claims for bodily injury, death or property damage occurring on or about the FTCenter. Such insurance shall be written on an occurrence basis with a combined single limit of not less than $1,000,000 per occurrence. If the insurance policy is written on a “claims-made basis,” the party will maintain coverage for a minimum of three years past the expiration of this agreement. The retroactive date of the policy shall be indicated on the certificate of insurance outlining coverage. In addition, both parties shall name the other party as an additional insured with respect to its own operations on said policies of insurance. Both parties will maintain all workers compensation insurance required by law. THIS CONTRACT AND ANY ATTACHED SCHEDULES OR SIGNED ADDENDUMS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN PROVIDER AND USER. THE UNDERSIGNED USER AGREES TO PURCHASE ALL HOURS OUTLINED IN THE ATTACHMENT. NO PROVISION OF THIS AGREEMENT MAY BE CHANGED, WAIVED OR TERMINATED UNLESS DONE IN WRITING AND EXECUTED BY BOTH PROVIDER AND USER. Dated: ______________________ USER: By: Its: Dated: _______________________ PROVIDER: CITY OF ELK RIVER By: By: Approved as to form: By: 5 DateGame/EventAdultsStudent/SeniorBooster Club PassesLifetime PassActivity/Event PassNSC PassCoach PassNW Suburban PassDistrict Senior PassOtherAttendance Revenue collected at door Booster Pass Revenue Total Game Revenue Amount After the $900 BaseDistrict Portion (50% of amount over base)$900 Base plus 50% of the amount over base (Retained by FTCENTER)ER 21-22 Regular Season 11.20.21 Girls vs Warroad (Senior Night)92 119 59 2 1 0 0 0 273 1,278.00$ 295.00$ 1,573.00$ 673.00$ 336.50$ 1,236.50$ 11.23.21 Girls vs Blaine 95 81 32 0 0 0 0 5 6 0 219 1,080.00$ 160.00$ 1,240.00$ 340.00$ 170.00$ 1,070.00$ 11.27.21 Girls vs Centennial 121 124 45 0 0 0 0 0 5 0 295 1,467.00$ 225.00$ 1,692.00$ 792.00$ 396.00$ 1,296.00$ 12.4.21 Boys vs St. Cloud Tech 150 137 56 1 1 3 1 0 4 66 (Blue Line Buddies)419 1,722.00$ 280.00$ 2,002.00$ 1,102.00$ 551.00$ 1,451.00$ 12.7.21 Boys vs STMA (Youth Night)227 123 38 0 1 4 0 0 0 179 Youth (Free)572 2,222.00$ 190.00$ 2,412.00$ 1,512.00$ 756.00$ 1,656.00$ 12.9.21 Boys vs Armstrong/Cooper 99 151 42 5 7 0 0 3 0 307 1,448.00$ 210.00$ 1,658.00$ 758.00$ 379.00$ 1,279.00$ 12.14.21 Girls vs Maple Grove 97 71 31 2 6 3 0 3 0 3 (Little Sisters Skate)216 1,040.00$ 155.00$ 1,195.00$ 295.00$ 147.50$ 1,047.50$ 12.16.21 Girls vs Forest Lake 57 48 34 1 7 1 0 3 21 (Principal-1,Yearbook-1, Teachers-19)153 506.00$ 170.00$ 676.00$ (224.00)$ (224.00)$ 900.00$ 12.21.21 Boys vs Anoka 154 218 77 0 7 2 0 7 0 10 (Blue Line Buddies) 475 2,168.00$ 385.00$ 2,553.00$ 1,653.00$ 826.50$ 1,726.50$ 12.30.21 Boys vs Brainerd 153 148 50 3 5 0 0 6 1 2 Streaming game, 4 (Blue Line Buddy)370 1,766.00$ 250.00$ 2,016.00$ 1,116.00$ 558.00$ 1,458.00$ 1.6.22 Boys vs Champlin Park 137 139 51 4 6 1 1 12 0 0 351 1,657.00$ 255.00$ 1,912.00$ 1,012.00$ 506.00$ 1,406.00$ 1.8.22 Boys vs Spring Lake Park 115 93 52 3 1 0 0 7 0 0 271 1,285.00$ 260.00$ 1,545.00$ 645.00$ 322.50$ 1,222.50$ 1.11.22 Girls vs Rogers 86 88 38 0 9 0 0 4 0 3 (Little Sister Skater, 2 Star News)228 1,025.00$ 190.00$ 1,215.00$ 315.00$ 157.50$ 1,057.50$ 1.14.22 Girls vs Grand Rapids 112 148 40 0 11 0 1 0 93 (90 youth, 2 little skaters, 1 region 7 pass)405 1,063.00$ 200.00$ 1,263.00$ 363.00$ 181.50$ 1,081.50$ 1.18.22 Girls vs Armstrong/Cooper 65 68 46 1 7 0 0 4 1 4 (Little Skaters)196 795.00$ 230.00$ 1,025.00$ 125.00$ 62.50$ 962.50$ 1.20.22 Boys vs Centennial 139 150 55 5 2 0 0 18 1 5 (3 Blue Line Buddy, 2 St. Could passes)375 1,731.00$ 275.00$ 2,006.00$ 1,106.00$ 553.00$ 1,453.00$ 1.22.22 Girls vs Minnetonka 83 73 37 2 3 0 2 2 5 2 209 950.00$ 185.00$ 1,135.00$ 235.00$ 117.50$ 1,017.50$ 1.25.22 Boys/Girls vs Bemidji/Champlin-Parks 124 103 79 1 3 0 5 6 14 10 (Little Skaters)345 1,379.00$ 395.00$ 1,774.00$ 874.00$ 437.00$ 1,337.00$ 1.29.22 Boys vs Totino Grace 140 132 58 3 6 0 0 13 7 4 (Blue Line Buddies)363 1,639.00$ 290.00$ 1,929.00$ 1,029.00$ 514.50$ 1,414.50$ 2.3.22 Girls vs Chisago Lakes 79 83 40 0 7 0 0 7 6 3 (2 scouts, 1 press)222 967.00$ 200.00$ 1,167.00$ 267.00$ 133.50$ 1,033.50$ 2.5.22 Boys vs Duluth East 109 133 61 3 4 1 3 4 7 3 (1 Blue Line Buddy, 2 press)325 1,422.00$ 305.00$ 1,727.00$ 827.00$ 413.50$ 1,313.50$ 2.8.22 Boys vs Mounds View 104 123 50 0 5 6 1 4 5 0 298 1,343.00$ 250.00$ 1,593.00$ 693.00$ 346.50$ 1,246.50$ 2.12.22 Boys vs Blaine 156 171 60 1 5 0 0 11 2 0 406 1,953.00$ 300.00$ 2,253.00$ 1,353.00$ 676.50$ 1,576.50$ 31,906.00$ 5,655.00$ 37,561.00$ 16,861.00$ 8,318.50$ 29,242.50$ Check to ISD #728 8,318.50$ Retained by FTCENTER 29,242.50$ ERYHAAlt #1Alt #2 Ice$ 456,000$ 456,000 Office Lease $ 2,299 $ 2,299 Storage Area #1 $ 2,033 $ 2,033 Storage Area #2 $ 3,750 $ 3,750 20’x90’ Training Area $ 27,000 20’x60’ Training Area $ 18,000 TOTAL$ 491,082 $ 482,082 Main Points 2022-23 Ice Contracts Elk River Youth Hockey Association (ERYHA) 1. TERM: Sept. 1, 2022- Aug. 31, 2023 2. Per Hour 2022-23 Ice Rate: $240 3. ERYHA will purchase a minimum of 1900 hours of ice. With conditions 1-3 agreed upon, ERYHA is eligible for the following opportunities: 1. ERYHA will have exclusive use of the office area located in the West Locker Room Hallway. (Room #126, 209 SQ/FT). Regular Rate $22/SQ/FT/$4598/Yr. - $383/Mo. a. ERYHA RATE: 50% discount $2299/Yr. -$192/Mo. 2. ERYHA will have exclusive use of the Storage Room in the East Locker Room Hallway, adjacent to the Coaches Room. (Room # 148, 271 SQ/FT) Regular Rate $15/SQ/FT/$4065/Yr. - $339/Mo. a. ERYHA RATE: 50% discount $2033/Yr. -$169/Mo. 3. ERYHA will have exclusive use of the Storage Room in the East Locker Room Hallway, across from Girl’s HS Locker room. (Room # NA, 238 SQ/FT) Regular Rate $15/SQ/FT/$/3750Yr. - $298/Mo. 4. ERYHA will have exclusive use of the Training Area in Rear of Fieldhouse. a. (ALT #1: 1800 SQ/FT) 90’x20’. $15/SQ/FT/$/27,000 Yr. - $2250/Mo. b. ALT #1: (1200 SQ/FT) 60’x20’. $15/SQ/FT/$/18,000Yr. - $1500/Mo. 5. ERYHA will be allowed exclusive use of Party Room # 1 for up to two weeks during fall tryout period, at no cost. (Overnight storage as needed) 6. ERYHA will be allowed use of a suitable space for its monthly Board Meetings, at no cost. 7. ERYHA will be allowed 25 hours of Party or Meeting room space annually at no cost. 8. ERYHA will be allowed use of Lobby Space, Tables and Chairs for tourneys and events at no cost. 9. Placement of two ER Hockey Logos on each Ice Surface in the FTCENTER. Elk River Figure Skating Club 1. TERM: Sept. 1, 2022- Aug. 31, 2023 2. Per Hour 2033-23 Ice Rate $240 Prime $180 Non-Prime 3. Two Locker rooms Per Ice Session 4. Estimate Prime Ice $45,600 5. Estimate Non-Prime Ice $23,400 6. TOTAL ICE $69,000 Spectrum High School 1. TERM: Sept. 1, 2022- Aug. 31, 2023 2. Per Hour 2033-23 Ice Rate $240 Prime $180 Non-Prime 3. Spectrum HS will manage all aspects of game activities. 4. Per Hour Game Rate (Cleaning and Ice Operations Staff) $100 5. Estimate Practice Costs 45 hours @ $240 $10,800 6. Estimate Game Costs a. Eight Games, two hr./game. $680/game $5,400 7. TOTAL ICE $16,240 Elk River High School 1. TERM: Sept. 1, 2022- Aug. 31, 2023 2. Per Hour 2033-23 Ice Rate $240 Prime $180 Non-Prime 3. Elk River HS will manage all aspects of game activities. 4. Per Hour Game Rate (Cleaning and Ice Operations Staff) $100 5. Estimate Practice Costs 288 hours @ $240 $69,120 6. Estimate Game Costs a. 25 Games, five hr./game. $1700/game $42,500 7. TOTAL ICE $111,620 MN SQUATCH Practice Ice(151 Hr.)$ 20,318 Game Ice Costs (22 Games)$ 15,510 Game Fee Costs (22 Games)$ 1,100 Office/Locker room Lease $ 3,000 TOTAL$ 39,928 Minnesota Squatch 1. TERM: Sept. 1, 2022- Aug. 31, 2023 2. Per Hour 2022-23 Ice Rate Prime $235 Non-Prime $175 Day Practice $135 3. MN Squatch will have exclusive use of the office area located in the East Locker Room Hallway. 4. MN Squatch will have exclusive use of Locker Room #12 area located in the West Locker Room Hallway. 5. MN Squatch will be responsible for upgrades to Locker room # 12. MN Squatch s responsible for returning LR #12 to its original condition when vacating. 6. MN Squatch will be allowed use of Lobby Space, Tables and Chairs for events at no cost. 7. Placement of two MN Squatch Logos on the Ice Surface in the Cornerstone Arena. 8. MN Squatch will be allowed ancillary use of rooms space as approved by FTCENTER Staff. 9. MN Squatch will manage all aspects of game activities. 10. MN Squatch will manage all catering and liquor services for MN Squatch game events.