8.1 SR 01-16-2024Request for Action
To Item Number
Ma Tor and CinT Council 8.1
Agenda Section Meeting Date Prepared by
GeneYal Business January 16, 2024 Cal PoYtner, Cit�r AdmitustratoY
Item Description Reviewed by
Elk River Youth Hockey Rink Agreement ared She herd, Cit�r Attornev
Reviewed by
oe Stremcha, Assistant Ci r Admitustrator
Action Requested
Approve, byT motion, an agreement with the Elk River Youth HockeyT Association for placement and services of an
outdoor hockeyT rink adjacent to the Furniture and Things CommunityT Event Center.
Background/Discussion
The Elk River Youth Hocke�T Association (ERYHA) leadership has been looking for places to add an outdoor
rink for their sole use. ERYHA will hold Mite level (8 and under) hockey practices outdoors to make more indoor
ice availabilityT at the FT Center for their other age levels to utilize.
ERYHA has purchased an outside dasher board set with a liner and netting. TheyT seek to set the rink up on cityT
propertyT west of the Furniture and Things Communit�T Event Center on a trial basis to see if inerits further
investments in the future.
The rink will be for ERYHA teams, not for public use. The agreement outlines the responsibilities of the cityT and
ERYHA and indemnifies the cityT from any legal action.
Financial Impact
B�T agreement, ERYHA will reimburse the cit�T for any staffing, utility costs, and for space lease.
Mission/Policy/Goal
Elk River l��ission Statement
Attachments
■ Agreement not available at publishing time. It will be available at the meeting.
The Elk River Vision
A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional
se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty.
rowEREo ar
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Up�iited.• August 2020
LEASE AGREEMENT
By and Between
CITY OF ELK RIVER, MINNESOTA
�"LANDLORD"�
and
ELK RIVER YOUTH HOCKEY ASSOCIATION
�"TENANT"�
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LEASE AGREEMENT
This LEASE AGREEMENT ("Lease") is made and effective as of January 16, 2024, by
and between the CITY OF ELK RIVER, a Minnesota municipal corporation (hereinafter referred
to as the "Landlord") and ELK RIVER YOUTH HOCKEY ASSOCIATION (hereinafter
referred to as the "Tenant").
The Landlord and Tenant hereby agree as follows:
ARTICLE 1 — LEASED PREMISES
Subject to the terms, covenants and conditions of this Lease, Landlord does hereby lease
and let unto Tenant, and Tenant does hereby lease and take from Landlord, a portion of property
owned by Landlord located at 1000 School Street, Elk River, MN 55330 (the "Property"), in the
space identified on Exhibit A attached hereto and incorporated herein, (hereinafter referred to as
the "Leased Premises"). Tenant agrees to take and does take the Leased Premises in its "as is"
condition.
ARTICLE 2— TERM OF LEASE
A. The term of this Lease shall be from January 16, 2024, through April 30, 2024 (hereafter
referred to as the "Initial Term") upon the rentals and subject to the conditions set forth in this
Lease, including Exhibit A attached hereto.
B. Landlord shall have the right to terminate this Lease for any reason upon 30 days'
written notice to Tenant. The notice to terminate shall state the date upon which the Lease is
terminated, and the Leased Premises must be vacated. Tenant shall vacate the Leased Premises on
or before that date. Failure by Tenant to vacate the Leased Premises on or before the termination
date shall entitle Landlord to enter the Leased Premises, remove all property of Tenant and cause
the Leased Premises to be put into the condition and state of repair required by this Lease. Tenant,
on demand, shall pay the Landlord's costs thereof.
ARTICLE 3 - USE
A. The Leased Premises shall be used by the Tenant solely for the purposes set forth
on Exhibit A hereto and for no other purpose without the prior written consent of the Landlord.
B. The Leased Premises shall not be used in violation of any applicable federal, state,
or local law, ordinance, rule, or regulation, and Tenant shall comply with the same at its sole cost
and expense.
C. Notwithstanding anything to the contrary herein, Tenant shall have the reasonable
non-exclusive right to use the Leased Premises with the Landlord, its employees, agents and
invitees, as may from time to time exist, including but not limited to the parking facilities,
sidewalks, driveways, access ways, walkways, and landscaped areas and the Landlord shall have
the full control, management and direction of the Property. The Landlord reserves the right at any
time and from time to time to reduce, increase, enclose or otherwise change the size, location,
layout and nature of the Property, including Leased Premises.
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D. Tenant covenants and agrees that Tenant shall not handle, use, store or dispose of
any flammables, explosives, hazardous or toxic wastes or materials (as may be de�ned by Federal
or State Law), on or about the Leased Premises or the Property, without Landlord's prior written
consent (which consent may be withheld or denied for any or no reason).
E. Tenant shall not perform any act or carry on any practice that may damage the
Leased Premises or any other part of the Property.
F. Tenant shall keep the Leased Premises safe, clean and in as good condition and
repair as they were in at the time Tenant took possession of same, reasonable wear and tear
excepted.
G. Tenant agrees that it and its guests, employees, contractors, invitees and all others
connected with the Tenant's operations at the Leased Premises shall abide by all reasonable rules
and regulations from time to time established by the Landlord by written notice to the Tenant with
respect to the Community Center and/or the Common Area portions thereof.
H. Tenant shall keep all trash, refuse, and the like in covered metal or plastic cans,
which cans shall be kept within the Leased Premises at all times, unless an exterior storage area is
speci�cally designated for Tenant's use by Landlord in which event the Tenant shall deposit all
trash, refuse and the like in the exterior storage area.
L Tenant shall ensure that the Leased Premises are secure at all times, including
against unauthorized users.
J. If Tenant shall fail to keep and preserve the Leased Premises in the state of
condition required by the provisions of this Lease, Landlord may at its option put or cause the
same to be put into the condition and state of repair agreed upon, and in such case the Tenant, on
demand, shall pay the cost thereof.
ARTICLE 4 — RENT
Tenant agrees to pay to Landlord as rent (hereinafter called "Rent") for the Leased Premises
the amounts shown on Exhibit A attached hereto.
ARTICLE 5- NON-LIABILITY OF LANDLORD
Landlord shall not be liable for personal injury, death, or any damage from any cause about
the Leased Premises or the Property except if caused by Landlord's gross negligence or willful
misconduct.
ARTICLE 6 - INSPECTION
The Landlord, its employees or agents shall have the right without any diminution of rent
or other charges payable hereunder by Tenant to enter the Leased Premises at all reasonable times
for the purpose of inspection, cleaning, repairing, testing, altering or improving the same or said
Community Center, but nothing contained in this Article shall be construed so as to impose any
obligation on the Landlord to make any repairs, alterations or improvements. Access by Landlord
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to the Leased Premises shall be preceded by 24 hours written or verbal notice by Landlord to
Tenant, except in the event of an emergency.
ARTICLE 7 —ALTERATIONS
Tenant will not make any alterations, repairs, additions or improvements in or to the Leased
Premises without the prior written consent of the Landlord.
ARTICLE 8- ASSIGNMENT AND SUBLETTING
Tenant agrees that Tenant does not have the right to assign, sublet, license or encumber
this Lease, the Leased Premises, or any part thereof, whether by voluntary act, operation of law,
or otherwise, without the speci�c prior written consent of Landlord in each instance.
ARTICLE 9- LOSS BY CASUALTY
If any part of the Property is damaged or destroyed by �re or other casualty, Landlord or
Tenant shall have the right to terminate this Lease, provided it gives written notice thereof to the
other party within ninety (90) days after such damage or destruction.
ARTICLE 10 - WAIVER OF SUBROGATION
Landlord and Tenant hereby release the other from any and all liability or responsibility to
the other or anyone claiming through or under them by way of subrogation or otherwise for any
loss or damage to property caused by fire or any of the extended coverage or supplementary
contract casualties, even if such fire or other casualty shall have been caused by the fault or
negligence of the other party, or anyone for whom such party may be responsible; provided
however, that this release shall be applicable and in force and effect only with respect to loss or
damage occurring during such times as the releasing party's policies shall contain a clause or
endorsement to the effect that any such release would not adversely affect or impair said policies
or prejudice the right of the releasing party to recover thereunder. Landlord and Tenant agree that
they will request their insurance carriers to include in their policies such a clause or endorsement.
If extra cost shall be charged therefor, each party shall advise the other of the amount of the extra
cost, and the other party, at its election, may pay the same, but shall not be obligated to do so.
ARTICLE ll - SURRENDER
On the last day of the Term of this Lease or on the sooner termination thereof in accordance
with the terms hereof, Tenant shall peaceably surrender the Leased Premises in good condition
and repair.
ARTICLE 12 - HOLDING OVER
Tenant will, at the expiration of this Lease, whether by lapse of time or termination, give
up immediate possession to Landlord. If Tenant fails to give up possession the Landlord may
pursue all remedies available to it for recovering possession of Leased Premises.
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ARTICLE 13 - INDEMNITY, INSURANCE AND SECURITY
A. Tenant will keep in force at its own expense for so long as this Lease remains in
effect public liability insurance with respect to the Leased Premises in which Landlord shall be
named as an additional insured, in companies and in form acceptable to Landlord with a minimum
combined limit of liability of Three Million Dollars ($3,000,000). Said insurance shall also
provide for contractual liability coverage by endorsement. Tenant will further deposit with
Landlord the policy or policies of such insurance or certificates thereof, or other acceptable
evidence that such insurance is in effect, which evidence shall provide that Landlord shall be
noti�ed in writing thirty (30) days prior to cancellation, material change, or failure to renew the
insurance. Tenant further covenants and agrees to indemnify and hold Landlord and Landlord's
manager of the Property harmless for any claim, loss or damage, suffered by Landlord, Landlord's
manager or Landlord's other tenants caused by any act or omission by Tenant or Tenant's
members; or Tenant's failure to comply with any and all governmental laws, rules, ordinances or
regulations applicable to the use of the Leased Premises and its occupancy.
B. Tenant shall be responsible for the security and safeguarding of the Leased
Premises and all property kept, stored or maintained in the Leased Premises. Tenant shall maintain
in force throughout the Term, insurance upon all contents of the Leased Premises, including that
owned by others and Tenant's equipment and any alterations, additions, fixtures, or improvements
in the Leased Premises acknowledged by Landlord to be the Tenant's.
C. Landlord shall carry and cause to be in full force and effect a fire and extended
coverage insurance policy on the Community Center, but not any contents owned, leased or
otherwise in possession of Tenant.
ARTICLE 14 - NOTICES
All notices from Tenant to Landlord required or permitted by any provisions of this Lease
shall be directed to Landlord postage prepaid, certified or registered mail, at 13065 Orono
Parkway, Elk River, MN 55330.
All notices from Landlord to Tenant required or permitted by any provision of this Lease
shall be directed to Tenant, postage prepaid, certified or registered mail, at the Leased Premises
and at:
ARTICLE 15 - APPLICABLE LAW
This Lease shall be construed under the laws of the State of Minnesota.
IN WITNESS WHEREOF, this Lease has been duly executed by the parties hereto as of
the day and year indicated above.
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LANDLORD:
CITY OF ELK RIVER
:
And:
TENANT:
John J. Dietz, Its Mayor
Tina Allard, City Clerk
ELK RIVER YOUTH HOCKEY ASSOCIATION
By: _
Name:
Its :
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EXHIBIT A
Leased Areas and Rent:
1. The Leased Premises shall be the Outdoor Lawn Area Directly West of the FT Center.
2. The term of this lease is from JanuaryT 16, 2024, through April 30, 2024.
3. During this term, ERYHA will have exclusive use of the outdoor lawn located directly west of
the FT Center.
4. This aYea is boYdered on the west by the fire lane.
5. This area will be used byT ERYHA exclusivelyT for the purpose of locating a temporary- hocke�r
rink and warming house.
6. No part of this temporary rink shall impede upon the fire lane.
7. The temporaryT hockey rink shall be purchased and o`vned b�T ERYHA.
8. The temporaryT hockeyT rink shall be constructed and maintained solelyT by ERYH1�.
9. All costs associated with the rink, maintenance, and utilities will be the responsibilityT of
ERYHA.
10. The rink will be removed in full at the conclusion of the ice season. The area must be returned
to its original condition by MayT 1, 2024.
11. All costs associated with returning the area to its original condition will be the responsibilityT of
ERYHA.
12. Off-season storage of the rink and all associated items is the sole responsibilinT of ERYHA.
13. ERYHA mayr utilize FT Center electrical outlets foY the purposes of lighting.
14. Rent shall be $500 peY calendar month. The full amount of Yent shall be due foY each calendar
month during the term of the lease, including JanuaryT, FebruaryT, March, and April, making the
total annual cost of rent $2,000.
15. Rent includes all costs for electricityT and FT Center shall not provide water for the rink.
16. All water for the rink will be provided to ERYHA by ERM[J and paid directly to ERMU.
17. All snow removal, flooding, and maintenance, for the ice surface and rink `vill be the sole
responsibilit�T of ERYHA.
18. FT Center and CityT of Elk River staff will not participate in an�T rink maintenance funcrions.
19. ERYHr� �vill follow all municipal, countyT, state, and federal laws, rules, and regulations.
20. ERYHA must abide by all fire regulations.
21. No hoses may be left out oY left across the fire lane when not being used foY flooding.
22. The Fire Lane adjacent to the rink must be kept clear of parked vehicles at all items, this is the
responsibilityT of ERYHA.
23. AnyT open fire must be 25 feet awayT from anyT structure.
24. The rink must be used exclusivel�T for ERYHA events.
25. Monitoring and policing the use of the rink is the responsibilityT of ERYHA.
26. FT Center Staff `vill not be involved in monitoring or managing the temporaryT rink.
27. ERYHA will be solely responsible for providing information about the rink to the public. This
includes an informational phone number, information on the ERYHA `vebpage, and an
informational pamphlet addressing inquiries about the rink will be provided to the FT Center
for the purposes of distriburion to patrons.
28. Any snow and shavings from the ice rink are not to be deposited or stored on the fire lane or
an�- public walk�vayTs.
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