4.4 SR 07-07-2025The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
4.4
Meeting Date
July 7, 2025
Prepared By
Joe Stremcha, Business Services Director/Assistant
City Administrator
Item Description
Agreement 25-15: 2025-26 Ice Rate Contract with
ISD #728
Reviewed by
Katie Harstad
Cal Portner
Tina Allard
Action Requested
Approve, by motion, Agreement 25-15 with ISD #728 for the 2025-26 season to memorialize the established
facility rates.
Background/Discussion
ISD #728 needs to document their ice purchases on their Board-approved Lease Levy. This contract
memorializes the established 2025 and 2026 rates and policies at the FT Center.
Financial Impact
Total revenue from ISD #728 2025-26 season game and practice ice purchases is estimated at $76,400.
Mission/Policy/Goal
Responsible for every dollar - good stewards
Attachments
1. ERHS Ice Contracts 25-26 FINAL
Page 84 of 309
FURNITURE AND THINGS COMMUNITY EVENT CENTER
CITY OF ELK RIVER
PRACTICE ICE RENTAL CONTRACT ELK RIVER HIGH SCHOOL 2025-26
THIS ICE FACILITY USE AGREEMENT (AGREEMENT) IS MADE AND ENTERED
INTO THIS 20th DAY OF June ,2025 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, 2025, 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 parties' representatives.
2. 2025-26 Season
a. RATES: USER agrees to pay the following rates for FT Center usage: $250/hour through
12/31/2025 and Silver rates from 1/1/26 through 8/31/26:
Silver Level User – Organizations/Individuals that purchased 200+ total hours in FYE
2024:
o $260/hr = Prime
o $191/hr = Non-Prime (April 1 – August 31)
o $133/hr = ISD 728 School Hours
b. Estimated number of practice hours reserved:
Beginning Date: 9/1/2025, through Ending Date: 12/31/2025.
Total number of estimated hours to reserve:
Girls 90
Boys 70
Beginning Date: 1/1/26, through Ending Date: 8/31/26. Silver Rates
Total number of estimated hours to reserve:
Girls 60
Boys 80
Page 85 of 309
TOTAL HOURS 160 hours @ $250/hour = $40,000
140 hours @ $260/hour = $36,400
Total Estimated = $76,400
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
FT Center 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 PROVIDER'S
control. In the event of such an occurrence, PROVIDER will attempt to reschedule
USER'S ice times or USER may cancel and promptly receive a return of 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.
Page 86 of 309
9.LIABILITY: USER acknowledges that PROVIDER has not asserted or accepted any
responsibilities for supervision, security or control of USER'S property or 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.
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
replacement of PROVIDER'S property and will invoice the USER for the damages.
USER'S obligation shall 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
other wrongful conduct of PROVIDER, excluding claims arising from USER'S
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 wrongful conduct
of USER, excluding claims arising from PROVIDER's performance under this agreement.
Page 87 of 309
INSURANCE: Both USER and PROVIDER shall maintain liability insurance against
claims for bodily injury, death or property damage occurring on or about the FT Center.
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 on a "claims-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 BE1WEEN 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:_June 20, 2025 USER:
By:
Its: Interim Executive Director of Business Services
Dated: _______________________ PROVIDER: CITY OF ELK RIVER
By:___________________________________
By:
Page 88 of 309
FURNITURE AND THINGS COMMUNITY EVENT CENTER
CITY OF ELK RIVER
GAME ICE RENTAL CONTRACT ELK RIVER HIGH SCHOOL 2025-26
This ice facility use agreement (Agreement) is made and entered into this ____ day of
_________, 2025 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 (FT Center) located at 1000 School Street, Elk
River, MN 55330 for the period of September 1, 2025, 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 parties'
representatives.
2. 2025-26 Season
• RATES: USER agrees to pay the following rates for FT Center usage: $250/hour through
12/31/2025 and Silver rates from 1/1/26 through 8/31/26:
Silver Level User – Organizations/Individuals that purchased 200+ total hours in FYE
2024:
o $260/hr = Prime
o $191/hr = Non-Prime (April 1 – August 31)
o $133/hr = ISD 728 School Hours
• Estimated number of game hours reserved:
Beginning Date: 9/1/2025, through Ending Date: 12/31/2025.
Total number of estimated hours to reserve:
Girls 32
Boys 8
Beginning Date: 1/1/26, through Ending Date: 8/31/26. Silver Rates
Total number of estimated hours to reserve:
Girls 18
Boys 42
Page 89 of 309
TOTAL HOURS
40 hours @ $250/hour = $10,000
60 hours @ $260/hour = $15,600
Total Estimated = $25,600
1. 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/redemption
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.
Page 90 of 309
2. 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.
3. 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
PROVIDER'S control. In the event of such an occurrence, PROVIDER will attempt
to reschedule USER'S ice times or USER may cancel and promptly receive a return of
any fees paid.
4. 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.
5. 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.
6. 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.
7. LIABILITY: USER acknowledges that PROVIDER has not asserted or accepted any
responsibilities for supervision, security or control of USER'S property or 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.
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
Page 91 of 309
replacement of PROVIDER'S property and will invoice the USER for the damages.
USER'S obligation shall 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 other
wrongful conduct of PROVIDER, excluding claims arising from USER'S 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
wrongful conduct of USER, excluding claims arising from PROVIDER's 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 FT Center.
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 on a "claims-
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.
Page 92 of 309
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:______________________________
Its:______________________________
Page 93 of 309