7.2 sr High School Contracts
Request for Action
To Item Number
Multipurpose Facility Advisory Commission 7.2
Agenda Section Meeting Date Prepared by
New Business October 9, 2023 Tim Dalton, FT Center Superintendent
Item Description Reviewed by
High School Ice Contracts Joe Stremcha, Assistant City Administrator
Reviewed by
Action Requested
Approve, by motion, the High School Ice Contracts as presented and recommended by staff in the form of a
three-year agreement.
Background/Discussion
The following is rational for the staff’s recommendation to approve the contract as presented:
The Council expects the building to operate as an unsubsidized (property tax) enterprise fund.
The game rate is less than the Squatch when counting staff time and game fee.
The City and the District have a different tax base with the district serving non-residents of Elk River who
benefit from this programing.
The city-maintained ice rates significantly below our peers during the construction and pandemic.
The staff’s goal is to gain revenue certainty through ice contracts and negotiate those rates to reflect the
operational costs. Ramping up to the break-even level.
The City has been hit exceptionally hard by inflationary costs for staffing, property/casualty insurance and
utilities.
Financial Impact
Creating an equitable agreement with the High School allows the FT Center to keep a balanced budget.
Mission/Policy/Goal
Being the home of Elks High School Hockey honors the hockey tradition of the community.
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
Attachments
7.2 at1 ERHS Hockey Cost to Facility
7.2 at2 ERHS Game Contract 2023 three-year
7.2 at3 ERHS Game Contract 2023-24 one-year
7.2 at4 ERHS Practice Contract 2023 three-year
7.2 at5 ERHS Practice Contract 2023-24 one-year
7.2 at6 ISD 728 Proposal Rationale Worksheet
ERHS Hockey Unrecovered Costs
ERHS Hockey Programs Costs
ERHS Game Operations CostsGamesUncovered cost per gameNET IMPACT
20$ 500$ 10,000
***2021 Annual Game Operations Losses: $28,000
**2022 Annual Game Operations Losses: $10,000
ERHS Locker Rooms/Coaches Offices UtilitiesSQ/FTFacility SQ/FTUtilities/SQ/FTNET IMPACT
3,064 124,101$ 3.86 $ 11,827
ERHS Locker Rooms/Coaches Offices Maintenance CostsHr./dayStaffDays/wk.Hr./wk.WeeksHr./yr.RateNET IMPACT
115552260$ 53.85$ 14,001
ERHS Hockey Annual Unrecovered Costs$ 35,828
ERHS Hockey Locker Room Rental Value
SQ/FTUtilities/SQ/FTNET IMPACT
3,064$ 8.00 $ 24,512
TOTAL$ 60,340
FURNITURE AND THINGS COMMUNITY EVENT CENTER
CITY OF ELK RIVER
GAME ICE RENTAL CONTRACT
ELK RIVER HIGH SCHOOL GAME EVENTS 2023-24, 2024-25, 2025-26 SEASONS
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 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 September 1, 2023, to 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
1. Rates: USER and FT Center agree to the following fee arrangement:
Base Fee:
2023-24 Season
Single Game: $800 Plus 50% of the remaining gate.
Double Headers: $1600 Plus 50% of the remaining gate.
2024-25 Season
Single Game: $850 Plus 50% of the remaining gate.
Double Headers: $1700 Plus 50% of the remaining gate.
2026-26 Season
Single Game: $900 Plus 50% of the remaining gate.
Double Headers: $1800 Plus 50% of the remaining gate.
Gate collections will be calculated as follows:
Total Gate collected (minus) Base Fee = (equals) Amount to split.
If the total Gate Collected per game does not cover Base Fee Total, the FT Center
will receive the full base fee.
2. SERVICES: 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 as well as one(1) event operations staff to facilitate ticket sales and one
game operations manager. In addition, PROVIDER shall provide appropriate
facility/ice maintenance staff; Zamboni driver(s) and needed cleanup/maintenance
staff. The USER shall provide time/score keeper(s), penalty box attendant(s),
announcers, and a site manager. All USER staffing of games to be reviewed and
approved by the PROVIDER.
a. USER shall be responsible for the complete repair of any damage to space within
the FT Center that is damaged while being utilized by USER.
3. 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.
4. 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
el and promptly receive a return of
any fees paid.
5. 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.
6. 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.
7. SIGNAGE: USER recognizes that it does not have rights to post any 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.
8. LIABILITY: USER acknowledges that PROVIDER has not asserted or accepted any
responsibilities for supervision, security or control of
2
USER shall be solely responsibleto provide security for itsequipment 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 FT Center 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.
e 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 wr
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.
3
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:
Approved as to form: By:
4
FURNITURE AND THINGS COMMUNITY EVENT CENTER
CITY OF ELK RIVER
GAME ICE RENTAL CONTRACT
ELK RIVER HIGH SCHOOL GAME EVENTS 2023-24 SEASON
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 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 September 1, 2023, to August 31, 2024.
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
1. Rates: USER and FT Center agree to the following fee arrangement:
Base Fee:
2023-24 Season
Single Game: $800 Plus 50% of the remaining gate.
Double Headers: $1600 Plus 50% of the remaining gate.
Gate collections will be calculated as follows:
Total Gate collected (minus) Base Fee = (equals) Amount to split.
If the total Gate Collected per game does not cover Base Fee Total, the FT Center
will receive the full base fee.
2. SERVICES: 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 as well as one (1) event operations staff to facilitate ticket sales and one
game operations manager. In addition, PROVIDER shall provide appropriate
facility/ice maintenance staff; Zamboni driver(s) and needed cleanup/maintenance
staff. The USER shall provide time/score keeper(s), penalty box attendant(s),
announcers, and a site manager. All USER staffing of games to be reviewed and
approved by the PROVIDER.
a. USER shall be responsible for the complete repair of any damage to space within
the FT Center that is damaged while being utilized by USER.
3. 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.
4. 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
el and promptly receive a return of
any fees paid.
5. 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.
6. 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.
7. SIGNAGE: USER recognizes that it does not have rights to post any 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.
8. LIABILITY: USER acknowledges that PROVIDER has not asserted or accepted any
responsibilities for supervision, security or control of
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 FT Center 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
2
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.
e 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 wr
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 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:
3
By:
Its:
Dated: _______________________ PROVIDER: CITY OF ELK RIVER
By:
By:
4
FURNITURE AND THINGS COMMUNITY EVENT CENTER
CITY OF ELK RIVER
PRACTICE ICE RENTAL CONTRACT
ELK RIVER HIGH SCHOOL 2023-24, 2024-25, 2025-26 SEASONS.
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 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 (FT CENTER) LOCATED AT 1000 SCHOOL STREET, ELK RIVER, MN
55330 FOR THE PERIOD OF SEPTEMBER 1, 2023, to 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. 2023-24 Season
a. RATES: USER agrees to pay the following rates for FT Center usage: $250/hour
b. Estimated number of practice hours reserved:
Girls Program 145 hours
Boys Program 145 Hours
TOTAL HOURS 290 Hours @ $250/hour = $72,500
3. 2024-25 Season
a. RATES: USER agrees to pay the following rates for FT Center usage: $260/hour
b. Estimated number of practice hours reserved:
Girls Program 145 hours
Boys Program 145 Hours
TOTAL HOURS 290 Hours @ $250/hour = $75,400
4.
5. 2025-26 Season
a. RATES: USER agrees to pay the following rates for FT Center usage: $270/hour
b. Estimated number of practice hours reserved:
Girls Program 145 hours
Boys Program 145 Hours
TOTAL HOURS 290 Hours @ $270/hour = $78,300
6. SERVICES: PROVIDER agrees to provide a usable ice surface, secure and clean
facilities, and parking facilities for all practice sessions.
a. USER shall be responsible for the complete repair of any damage to space within
the FTCenter that is damaged while being utilized by USER.
7.
8. 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 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
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
such an occurrence, PROVIDER will attempt
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 to shall conform
2
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
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
invoice the USER for the damages.
all 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
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
3
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 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:
4
FURNITURE AND THINGS COMMUNITY EVENT CENTER
CITY OF ELK RIVER
PRACTICE ICE RENTAL CONTRACT
ELK RIVER HIGH SCHOOL 2023-24 SEASON
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 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 (FT CENTER) LOCATED AT 1000 SCHOOL STREET, ELK RIVER, MN
55330 FOR THE PERIOD OF SEPTEMBER 1, 2023, to AUGUST 31, 2024.
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. 2023-24 Season
a. RATES: USER agrees to pay the following rates for FT Center usage: $250/hour
b. Estimated number of practice hours reserved:
Girls Program 145 hours
Boys Program 145 Hours
TOTAL HOURS 290 Hours @ $250/hour = $72,500
3. SERVICES: PROVIDER agrees to provide a usable ice surface, secure and clean
facilities, and parking facilities for all practice sessions.
a. USER shall be responsible for the complete repair of any damage to space within
the FTCenter that is damaged while being utilized by USER.
4. 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 ice usage at the rate agreed to.
5.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
PROVIDE
any fees paid.
6. 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.
7. 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.
8. SIGNAGE: USER recognizes that it does not have rights to post any 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.
9. 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.
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
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
2
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 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
3
By:
By:
4