4.7a SR 04-17-2023Request for Action
To Item Number
Mayor and Council 4.7a
Agenda Section Meeting Date Prepared by
Consent April 17, 2023 Tim Dalton, FT Center Superintendent
Item Description Reviewed by
Furniture and Things Community Event Center Cal Portner, City Administrator
Ice and Facility Use Agreements: Minnesota
Reviewed by
Squatch
Action Requested
Approve, by motion, a three-year ice purchase and facility use agreement with the MN Squatch Junior A hockey
team to utilize FT Center as their home venue.
Background/Discussion
The MN Squatch Tier III Junior A hockey team utilized the FT Center as their home practice and game venue for
the 2022-23 season. The team wishes to extend this relationship for the next three seasons (23-24, 24-25, 25-26)
They will continue to use locker room #12 as their resident team locker room and will continue to utilize office
space for team coaches and staff. They expect to play 22-25 home games annually and practice weekdays while
school is in session, for 100 minutes each day. Home games are generally Friday or Saturday evenings. The team
manages all game functions, ticket sales, admission, spectator control, announcers, minor officials, referees,
scoreboard and video presentation services, game food and liquor services, etc. Staff has developed the proposed 3-
year contract. The Multipurpose Facility Advisory Commission reviewed and approved this contract on April 10,
2023.
MN Squatch Team Website: https://www.mnsquatch.com/
For comparison, revenue from the 2022-2023 MN Squatch season generated $37,888 in ice revenue, $3,000 in
office/locker room rental, and $1300 in catering commissions for a total revenue of $42,188.
Financial Impact
Continuing the relationship with the MN Squatch will allow the FT Center to reach its financial goals, while
utilizing underused time and space.
Mission/Policy/Goal
Creating an opportunity to foster pride in our community.
Attachments
Agreement
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
Minnesota Squatch 2023-2026 (Three 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 the Minnesota Squatch, a member of the United States 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 (FT
Center) located at 1000 School Street, Elk River, MN 55330 for the period of September 1, 2023,
through August 31, 2026.
1. SCHEDULE OF TIME:
a. 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
representatives.
2. RATES:
a. USER agrees to pay the following rates for FT Center usage:
SEASON ONE 2023-2024
September 1, 2023, through August 31, 2024
$ 240.00 Prime hourly ice rate (Game Ice)
$ 140.00 Weekday daytime hourly rate (Practice ice)
$ 190.00 Off-peak hourly ice rate
$ 75.00 Per game fee
Meeting Room Rental three events at no cost (1 hour duration)
Any additional events billed at $60/hr.
Field house Use 20 sessions at no charge (30 min. Sessions)
Any additional sessions billed at $30/half hour
Estimated Contract Costs (9/1/2023 - 8/31/2024)
Practice Ice (151 Hours)
$ 21,140
Game Ice Costs (22 Games) 3hr./game (66)
$ 15,840
Game Fee Costs (22 Games)
$ 1,650
Office/Locker Room Lease $ 3,200
TOTAL $ 41,830
SEASON TWO 2024-2025
September 1, 2024, through August 31, 2025
$ 245.00 Prime hourly ice rate (Game Ice)
$ 145.00 Weekday daytime hourly rate (Practice ice)
$ 195.00 Off-peak hourly ice rate
$ 80.00 Per game fee
$ 3,400.00 Annual team room/office rent
Meeting Room Rental three events at no cost (1 hour duration)
Any additional events billed at $60/hr.
Field house Use 20 sessions at no charge (30 min. Sessions)
Any additional sessions billed at $30/half hour
Estimated Contract Costs (9/1/2024 - 8/31/2025)
Practice Ice (151 Hours)
$ 21,750
Game Ice Costs (22 Games) 3hr./game (66)
$ 16,170
Game Fee Costs (22 Games)
$ 1,760
Office/Locker Room Lease $ 3,400
TOTAL $ 43,080
SEASON THREE 2025-2026
September 1, 2025, through August 31, 2026
$ 250.00 Prime hourly ice rate (Game Ice)
$ 150.00 Weekday daytime hourly rate (Practice ice)
$ 200.00 Off-peak hourly ice rate
$ 85.00 Per game fee
Meeting Room Rental three events at no cost (1 hour duration)
Any additional events billed at $60/hr.
Field house Use 20 sessions at no charge (30 min. Sessions)
Any additional sessions billed at $30/half hour
Estimated Contract Costs (9/1/2025 - 8/31/2026)
Practice Ice (151 Hours)
$ 22,650
Game Ice Costs (22 Games) 3hr./game (66)
$ 16,500
Game Fee Costs (22 Games)
$ 1,870
Office/Locker Room Lease $ 3,600
TOTAL $ 44,620
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3. PRIME HOURS: Prime and Off-Peak hours are described as follows:
a. Prime Hours:
i. After 2:00pm Monday through 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:
a. PROVIDER agrees to provide a usable ice surface, secure and clean locker
facilities, parking facilities, and on the day of games, seating for spectators. In
addition, on game dates, PROVIDER shall provide appropriate management,
Zamboni driver(s), (when possible, two drivers during games) 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.
PROVIDER agrees to have game ice available 30 minutes prior to the start of a
game, i.e. ice available at 6:45 pm for a 7:15 pm start time.
5. TEAM ROOM, OFFICE SPACE, AND SALES OF MERCHANDISE:
a. USER will be allowed to utilize Locker Room #12 as its resident team room until
such time that another option may become available. Team Room location is
delineated on Exhibit 1. In exchange for exclusive use of the assigned locker room,
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 room outside of the hockey season with said
events to 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, the USER will be responsible for
all costs and labor to facilitate a full and complete restoration of Locker Room #
12 to its original condition.
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b.PROVIDERagrees to identify and provide for use by the USER office space
described on Exhibit 1, ,
and to provide for use by USER such additional space, as designated by
PROVIDER
merchandise.
c. The USER shall be responsible for the complete repair of any damage to Locker
Room #12, or any other locker room or other space within the FT Center that is
damaged while being utilized by the USER.
6. EXCLUSIVE VENUE:
a. The USER agrees to hold all Minnesota Squatch branded practices, home games,
training sessions, and any other in-season hockey activities at the FTCenter.
PROVIDER agrees to be the sole venue and will not enter into another Junior
hockey contract with any other Junior Tier I, II, or III, hockey team, during the
term of this agreement.
7. 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 FTCenter management to USE
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
aches 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
8. USE OF FACILITIES:
a. PROVIDER will allow USER reasonable access to and use of the FT Center field
house and meeting rooms for team activities at the standard rental rates as
determined by the PROVIDER. A member of the must be present
during any facility use. support staff shall have use of
appropriate space, as determined by the PROVIDER. The USER shall pay for any
addition use of FT Center facilities not delineated in this contract, at the standard
rental rates as determined by the PROVIDER.
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b.allowed to bring food and beveragesinto
the facility for personal consumption, in the same manner that staff
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are permitted to do so. USER will have the option to contract with a 3 party
vendor to supply supplemental game day food services, including alcohol, (Beer
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and Wine) for all home games. All 3 party food and alcohol vendors must be
listed on the FT Center Approved Caterer List and receive prior written approval
from the PROVIDER. The USER agrees that any food or concessions items
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offered by the 3 party vendor will not duplicate or conflict with items sold by the
FT Center concession stand. The USER is responsible to ensure all local, state,
and federal regulations, and rules pertaining to food and alcohol sales and service,
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are strictly adhered to. If USER contracts with a 3 party vendor to provide food
services, vendor will pay PROVIDER the following percentage of the
net revenue generated through food and liquor (Beer and Wine) sales: 7% 2023-
2024 Season, 8% 2024-2025 Season, and 9% 2025-2026 Season. Net revenues shall
be defined as the , rebates, credits, or
returns.
c. All USER uses of FT Center facilities must be scheduled with the PROVIDER in
advance and are subject to availability. PROVIDER has discretion to assign use of
rooms or 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 use by the USER. USER agrees to pay for all
actual costs of cleanup as determined by the PROVIDER if the PROVIDER
determines the use by the USER required additional cleaning service.
9. PAYMENTS:
a. 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:
a. PROVIDER may cancel this Agreement for any material default by the USER in
terms of this Agreement. USER may cancel this agreement for the following: 1.
Sale of the franchise to a non-related person or entity that results in a team
relocation. 2. USER deems the MN Squatch franchise is no longer a viable
business and ceases operation as a USPHL hockey team.
11. SCHEDULING:
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a.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
control. In the event of such an occurrence, PROVIDER will attempt to
return
of any fees paid. PROVIDER will not cancel or reschedule any game scheduled
ice time without consultation with the MN Squatch.
12. ASSIGNMENT:
a. 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.
13. OPTION TO RENEW:
a. PROVIDER will grant USER the exclusive option to renew for an additional term
of up to three additional years with 90 by USER to PROVIDER.
14. RULES AND REGULATIONS:
a. 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.
15. SIGNAGE:
a. USER recognizes it does not have rights to post signs without the express written
consent of PROVIDER. Any signs so consented to 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 ( x ) 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.
PROVIDER will allow placement of a
team logo to be displayed in the front lobby area.
16. LIABILITY:
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a.USERacknowledges that PROVIDER has not asserted or accepted any
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.
b. 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.
property and will invoice
to reimburse PROVIDER for the cost of labor and replacement of like-kind and
quality equipment.
c. 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
rmance 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.
d. 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
17. INSURANCE:
a. 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
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not less than $1,000,000 per occurrence. If the insurance policy is written on a
-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.
b. 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 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:
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