7.3 SR Two Brothers Contract
Request for Action
To Item Number
Multi-Purpose Facility Advisory Commission 7.3
Agenda Section Meeting Date Prepared by
Action April 10, 2023 Tim Dalton, FT Center Superintendent
Item Description Reviewed by
3.5 year agreement (2023-26) with Two
Brothers Hockey for ice and facility use at the
Reviewed by
FT Center
Action Requested
Approve by motion, a three-and-a-half-year ice purchase and facility use agreement with Two Brothers Hockey, a
local hockey training company.
Background/Discussion
Ben Jaremko, the owner of Two Brothers Hockey operates training programs out of the FT Center and
approached us about a multi-year contract for ice and turf use. In addition, Two Brothers operates a training
facility in our lease space adjacent to the fieldhouse, subleasing from IBackCheck. His programs operate year
round, often utilizing off-peak ice. Two Brothers programs have grown significantly over the past two years and
they anticipate continued future expansion to their programs.
Financial Impact
Optimizing underutilized ice and turf helps the FT Center achieve its budgetary goals.
Mission/Policy/Goal
Establishing relationships with growing programs helps the FT Center meet the needs of our community.
Attachments
7.3 at1 Two Brothers Contract 2023-25 3-yr ver.4
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Furniture and Things Community Event Center Contract
Two Bothers Hockey 2023-2026 (3.5 Year)
This ice facility use agreement (Agreement) is made and entered into this ___ day of
____________, 2023, between the City of Elk River, a Minnesota municipal corporation, herein
after referred to as (PROVIDER) and Two Brothers Hockey, a hockey training organization, 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 (FT Center) located at 1000 School Street,
Elk River, MN 55330 for the period of January 1, 2023, through August 31, 2026.
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
2. RATES: USER agrees to pay the following rates for FT Center usage:
PARTIAL YEAR
January 1, 2023, through August 31, 2023.
$ 235 Prime Hourly Ice Rate
$ 125 6 a.m. to 10 a.m. School Year Weekday Ice (Breakfast Club)
$ 175 Off-peak Hourly Ice Rate
$ 2,000 Unreserved Turf Access Fee
YEAR ONE 2023-2024
September 1, 2023, through August 31, 2024.
$ 240 Prime Hourly Ice Rate
$ 135 6 a.m. to 10 a.m. School Year Weekday Ice (Breakfast Club)
$ 180 Off-peak Hourly Ice Rate
$ 4,000 Annual Unreserved Turf Access Fee (Option to renew annually)
Estimated Annual Contract Costs
School Year Morning Weekday Ice (90 Hours)
$ 12,150
Prime Ice (45 Hours)
$ 10,800
Off Peak Ice (65 Hours)
$ 11,700
Annual Unreserved Turf Access Fee $ 4,000
TOTAL $ 38,650
YEAR TWO 2024-2025
September 1, 2024, through August 31, 2025.
$ 245 Prime Hourly Ice Rate
$ 140 6 a.m. to 10 a.m. School Year Weekday Ice (Breakfast Club)
$ 185 Off-peak Hourly Ice Rate
$ 4,250 Annual Unreserved Turf Access Fee
Estimated Contract Costs
School Year Morning Weekday Ice (90 Hours)
$ 12,600
Prime Ice (45 Hours)
$ 11,025
Off Peak Ice (65 Hours)
$ 12,350
Annual Unreserved Turf Access Fee (Option to renew annually) $ 4,250
TOTAL $ 39,900
YEAR THREE 2025-2026
September 1, 2026, through August 31, 2026.
$ 250 Prime Hourly Ice Rate
$ 145 6 a.m. to 10 a.m. School Year Weekday Ice (Breakfast Club)
$ 190 Off-peak Hourly Ice Rate
$ 4,500 Annual Unreserved Turf Access Fee
Estimated Contract Costs
School Year Morning Weekday Ice (90 Hours)
$ 13,050
Prime Ice (45 Hours)
$ 11,250
Off Peak Ice (65 Hours)
$ 12,350
Annual Unreserved Turf Access Fee (Option to renew annually) $ 4,500
TOTAL $ 41,150
3. PRIME HOURS: Prime and Non-Prime Hours are described as follows:
a. Prime Hours:
i. After 2:00pm Monday thru Friday, September 1-March 15.
ii. All hours on Saturday and Sunday and non-school days, September 1-
March 15.
b. Off-Peak Hours:
i. All hours March 16 through August 31.
ii. 5:00am-1:59pm on school days.
4. SERVICES:
2
a.PROVIDER agrees to provide a usable ice surface, secure and clean locker
facilities, parking facilities and, on the day of games, FT Center 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.
b. The USER shall be responsible for the complete repair of any damage to any locker
room or other space within the FT Center that is damaged while being utilized by
the USER.
5. FT CENTER ACCESS
a. Keys and/or electronic access cards to the FT Center and/or locker rooms are
the exclusive property of the PROVIDER and will be issued as deemed necessary
by the FT
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
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 FT Center at
6. USE OF FACILITIES:
a. PROVIDER will allow USER reasonable limited access to and use of the meeting
rooms and other facility spaces for team activities. A Two Brothers adult coach or
trainer must be always present during any use facility use
support staff shall have use of appropriate space, as determined by the
PROVIDER. The USER shall pay for any use of FTCenter facilities at the
standard rental rates, as determined by the PROVIDER.
b. Annual Unreserved Turf Access Fee. In exchange for the specified annual fee, the
USER will have the ability to utilize the Turf Area for training purposes. All
Unreserved Turf Area Use by the USER must be approved with PROVIDER in
advance and is subject to availability. PROVIDER has discretion to assign use of
space or to modify space assignments to accommodate other priority or paid users.
USER agrees to keep the facilities in a clean and orderly condition and in at least
3
actual costs of cleanup as determined by PROVIDER if the PROVIDER
determines the ancillary use required additional cleaning service.
7. 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.
8. 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
receive a return of
any fees paid.
9. 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.
10. 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.
11. 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. PROVIDER will allow placement of a temporary
sandwich sign and a temporary to be
displayed in the front lobby area. No tenant shall remove or relocate these items to a
non-visible space without the consent of the USER.
12. LIABILITY: USER acknowledges that PROVIDER has not asserted or accepted any
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.
4
USER assumes allrisks 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
invoice the USER for the damages.
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
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
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
-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
5
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:
6