4.12 SR 12-16-2024City of
Elk -
River
To
City Council
Meeting Date
December 16, 2024
Request for Action
Item Number
4.12
Prepared By
Joe Stremcha, Business Services Director/Assistant
City Administrator
Item Description Reviewed by
Agreement 24-35 Lion John Weicht Park Lease with Jeff Shelby
Elk River Youth Hockey Association Cal Portner
Tina Allard
Action Requested
Approve, by motion, the Lion John Weicht Park lease agreement with ERYHA.
Background/Discussion
ERYHA reached out with interest in leasing space for their outdoor ice rink. Last year, they placed it on the
grass area west of the FT Center. This area, like parking lots and other areas near buildings, has a sloping
grade to remove stormwater. After multiple conversations, they decided to place the rink on the basketball
court by the Boys & Girls Club. The court has a relatively flat slope compared to other surfaces.
Financial Impact
The lease agreement will provide the city with $2,500 in revenue.
Mission/Policy/Goal
Work with citizens to achieve goals.
Attachments
1. Lion John Weicht Park - ERYHA Outdoor Rink Lease Agreement (December 11, 2024)
The Elk River Vision
A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E U A i
engagement that encourages and inspires prosperity INMUR 273
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 December 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 1104 Lions Park Drive Northwest, Elk River, MN (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 December 16, 2024, through April 30, 2025,
(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. 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 defined 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 property.
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
specifically 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
property, 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.
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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 specific prior written consent of Landlord in each instance.
ARTICLE 9 - LOSS BY CASUALTY
If any part of the Property is damaged or destroyed by fire 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 11 - 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.
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
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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 notified 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.
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.
LANDLORD:
CITY OF ELK RIVER
John J. Dietz, Its Mayor
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And:
Tina Allard, City Clerk
TENANT:
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 basketball court and adjacent green space on the southwest
corner of Lions John Weicht Park.
2. The term of this lease is from December 16, 2024, through April 30, 2025.
3. During this term, ERYIIA will have exclusive use of the basketball court and adjacent green
space on the southwest corner of Lions John Weicht Park.
4. This area is bordered on the west by a trail.
5. This area will be used by ERY14A exclusively for the purpose of locating a temporary hockey
rink and warming house.
6. The temporary hockey rink shall be purchased and owned by ERYIIA.
7. The temporary hockey rink shall be constructed and maintained solely by ERYIIA.
8. ERYHA may utilize city electricity for lighting of the rink.
9. Electric heating for any structure or water is prohibited.
10. All costs associated with the rink, maintenance, and additional utilities will be the responsibility
of ERYHA.
11. The rink will be removed in full at the conclusion of the ice season. The area must be returned
to its original condition by May 1, 2025.
12. All costs associated with returning the area to its original condition will be the responsibility of
ERY14A.
13. Off-season storage of the rink and all associated items is the sole responsibility of ERYIIA.
14. Rent shall be $500 per calendar month and due by the first day of each month. The full
amount of rent shall be due for each calendar month during the term of the lease, including
December, January, February, March, and April, making the total annual cost of rent $2,500.
15. Water for the rink will be provided to ERYHA by ERMU with costs paid directly to ERMU.
16. All snow removal, flooding, and maintenance, for the ice surface and rink will be the sole
responsibility of ERYIIA.
17. ERYHA will follow all municipal, county, state, and federal laws, rules, and regulations.
18. The rink shall only be used exclusively for ERYHA events. It shall not be leased our utilized
by a third -party user.
19. Monitoring and policing the use of the rink is the responsibility of ERYHA.
20. City of Elk River staff will not participate in any rink maintenance functions.
21. City of Elk River staff will not be involved in monitoring or managing the temporary rink.
22. ERY14A will be solely responsible for providing information about the rink to the public. This
includes an informational phone number, information on the ERYIIA webpage, and an
informational pamphlet addressing rink inquiries must be prominently posted on the arena
dasher boards and structures.
23. Any snow and shavings from the ice rink are not to be deposited or stored on public trails.
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