HomeMy WebLinkAbout10270ORDINANCE NO. 10270
AN ORDINANCE APPROVING AND ACCEPTING A LEASE
AND MANAGEMENT AGREEMENT BETWEEN THE CITY
OF PUEBLO, A MUNICIPAL CORPORATION, AND THE
PUEBLO BULLS HOCKEY CLUB, INC., A COLORADO
CORPORATION, FOR THE MANAGEMENT, OPERATION,
AND PROMOTION OF THE PUEBLO ICE ARENA, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, the City owns and operates an ice rink and stadium area which is
open to the public and located on the premises commonly known as Pueblo Ice Arena,
100 N. Grand Avenue, Pueblo, Colorado 81003; and
WHEREAS, there is located on the Ice Arena premises a concession area; and
WHEREAS, the City desires the services of the Pueblo Bulls Hockey Club, Inc. to
occupy, manage, operate, promote, and maintain the Ice Arena, including the concession
area and any liquor licensed premises; and
WHEREAS, Pueblo Bulls Hockey Club, Inc. has the requisite skill and experience
and warrants it can operate the Ice Arena and all of its amenities, including the
concessions area and any liquor licensed premises; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Lease and Management Agreement for Pueblo Ice Arena (“Lease and
Management Agreement”) between the City of Pueblo, a Municipal Corporation, and the
Pueblo Bulls Hockey Club, Inc., for the management, operation, and promotion of the
Pueblo Ice Arena, incorporated herein and attached hereto, having been approved as to
form by the City Attorney, is hereby approved.
SECTION 2.
The Mayor is hereby authorized to execute the Lease and Management
Agreement in the name and on behalf of the City, and the City Clerk shall affix the Seal
of the City thereto and attest the same.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts
consistent with this Ordinance to implement the policies and procedures described herein.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on August 22, 2022 .
Final adoption of Ordinance by City Council on September 12, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on September 19, 2022 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-8
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: August 22, 2022
TO: President Heather Graham and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Steven Meier, Director of Parks and Recreation
SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A LEASE AND
MANAGEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE PUEBLO BULLS HOCKEY
CLUB, INC., A COLORADO CORPORATION, FOR THE MANAGEMENT,
OPERATION, AND PROMOTION OF THE PUEBLO ICE ARENA, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
Attached is an Ordinance approving and accepting a Lease and Management Agreement
between the City of Pueblo and the Pueblo Bulls Hockey Club, Inc. (PBHC) for the management,
operation, and promotion of the Pueblo Ice Arena.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
In November 2018, City Council approved Resolution No. 14082, which approved a facility rental
agreement with PBHC beginning May 1, 2019 through April 30, 2024. Assistant coach David
Nelson gave a brief summary of what the Pueblo Bulls were all about and why Pueblo was such
a great place for their new team to call home. Mr. Nelson stated that the PBHC would be a Pueblo
community-based organization, that would: (i) promote the game of hockey, (ii) be highly visible
with community events, (iii) offer leadership programs, and (iv) interact with local students in
Pueblo City and County Schools. Team owner Jerry Wilhite added that his team would be
committed to being affordable as well as competitive.
In June 2019, City Council approved Ordinance No. 9490, which amended the original agreement
to allow PBHC the ability to sell fermented malt beverages during their hockey games beginning
in the fall of 2019. The PBHC assumed all financial obligations associated with the selling of
alcohol in the Ice Arena premises. All revenue from the alcohol sales remained sole property of
PBHC. City continued to operate the Ice Arena concessions.
Wanting to assure a stable junior hockey franchise here in Pueblo, owner Jerry Wilhite
approached the City with a proposal to extend the original agreement term. Mr. Wilhite proposed
to the City the possibility of PBHC managing, operating, and promoting the Pueblo Ice Arena. For
the past six years, the City has subsidized the facilities expenses approximately $300,00 per year.
Since 2019, PBHC has been at the facility building a successful award-winning junior hockey
program, developing local traditions and cherish playing in front of the best fans in the United
States Premier Hockey League.
FINANCIAL IMPLICATIONS:
In the past six years, the City typically loses approximately $300,000 per year at the Pueblo Ice
Arena. Expenses are approximately $513,000 per year with revenues approximately $217,000
per year.
The City will pay the following schedule the first five years:
1. Year 1: August 29, 2022 through August 28, 2023; $300,000.00
2. Year 2: August 29, 2023 through August 28, 2024; $225,000.00
3. Year 3: August 29, 2024 through August 28, 2025: $150,000.00
4. Year 4: August 29, 2025 through August 28, 2026; $75,000.00
5. Year 5: August 29, 2026 through August 28, 2027; $0.00 (no management payment)
In year six, starting August 29, 2027, PBHC will begin paying $5,000 per month for the year. Year
seven the rent payment will increase $500 per month, but subject to the consumer price index.
Also, in year six, the rates may be subject to further negotiations between both parties.
If necessary, the City’s rental expense may be offset with personnel costs.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Should City Council not approve this Ordinance, the City will continue to manage, operate, and
promote the Pueblo Ice Arena.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Ordinance
Ice Arena Management Agreement
Exhibit A-1 Ice Arena Floor Plan
Exhibit A-2 Ice Arena Concessions Floor Plan
Exhibit B Ice Arena Inventory
Exhibit C PERA FORM
Exhibit D Ice Arena Rules and Regulations
LEASE AND MANAGEMENT AGREEMENT
FOR PUEBLO ICE ARENA
THIS LEASE AND MANAGEMENT AGREEMENT ("Agreement") is entered into this I24k
day of 5e0-e,,,,, er , 2022 ("Effective Date"), by and between the City of Pueblo, a Municipal
Corporation, with an address of 1 City Hall Place, Pueblo, Colorado 81008 ("City") and the Pueblo
Bulls Hockey Club, Inc., a Colorado corporation, with an address of 1755 Telstar Drive, Suite 300,
Colorado Springs, Colorado 80920 ("Manager").
RECITALS
WHEREAS, the City owns and operates an ice rink and stadium area which is open to the
public and located on the premises commonly known as Pueblo Ice Arena, 100 N. Grand Avenue,
Pueblo, Colorado 81003 (the "Ice Arena"); and
WHEREAS, there is located on the Ice Arena a concession area; and
WHEREAS,the City desires the services of Manager to occupy,manage, operate,and maintain
the Ice Arena, including the concession area and any liquor licensed premises; and
WHEREAS, Manager has the requisite skill and experience and warrants it can operate the Ice
Arena and all of its amenities, including the concessions area and any liquor licensed premises.
In consideration of the foregoing recitals, and the terms and conditions set forth herein, the
parties agree as follows:
TERMS AND CONDITIONS
SECTION 1. DEFINITIONS.
As used herein, the following words and phrases shall have the following meanings:
(a) "Leased Premises" means and includes the entire Ice Arena and its facilities. The Leased
Premises shall include the locker rooms, offices, ticket office, skate rental and sharpening
room, restrooms, Concession Area (as defined below), and other facilities, the floor plan for
which is attached hereto and incorporated herein as Exhibit A.
(b) "Concession Area" means the concession stand and associated facilities located in the Leased
Premises.
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(c) "Director" means the City's Director of Parks and Recreation or any person that the Director
of Parks and Recreation may authorize to act in his or her stead.
(d) "Sponsorship Contract" means any contractual arrangement in which a third party business
pays for the right to have its product used or sold at the Leased Premises,or to place advertising
signs, banner, and other materials at the Leased Premises.
(e) "Sponsorship Events" means events, promotions, parties, celebrity appearances, social
functions, tournaments, contests, product demonstrations, product promotions, and other
events at the Leased Premises, or the placement of advertising signs, banners, announcements,
and similar materials at the Leased Premises under a Sponsorship Contract.
SECTION 2. EXHIBITS TO AGREEMENT.
Exhibit A: Leased Premises and Concession Area Floor Plan.
Exhibit B: List of City's Property - Inventory.
Exhibit C: PERA Questionnaire.
Exhibit D: Pueblo Ice Arena Rules& Regulations
SECTION 3. GRANT OF RIGHT TO OCCUPY AND OPERATE LEASED PREMISES.
City grants to Manager as an independent contractor the exclusive right to occupy, use, and operate
the Leased Premises, subject to:
(a) The City's right to enter the Leased Premises without notice to Manager to inspect the Leased
Premises, to perform maintenance, and to carry out any other action of City.
(b) Manager shall be responsible for the repair, maintenance, and replacement of all equipment,
including, but not limited to, the primary Zamboni, backup Zamboni, and all appliances and
other equipment in the Concession Area. Concession Area appliances are devices or pieces of
equipment designed to perform a specific task, including, but not limited to, refrigerators,
freezers, stoves, fryers, mixers, and microwaves. Any replacement of kitchen appliances must
be approved by the Director prior to such replacement,and any such replacement will be at the
sole cost of Manager. All appliances are fixtures owned by City, a record of which shall be
kept in the Inventory (later defined and incorporated herein as Exhibit B).
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(c) The City's right to enter into Sponsorship Contracts without notice to Manager. Manager shall
comply with all terms of any Sponsorship Contracts, including but not limited to using or
selling the sponsor's product and/or placing advertising signs, banners, and other materials at
the Leased Premises.
(d) The City's right to inspect all of Manager's records, including but not limited to sales receipts,
inventory lists, purchase orders, payroll, financial records, tax returns, and bank statements of
Manager, or any subcontractor contracted by Manager to operate all or a portion of the Leased
Premises. Manager shall submit a quarterly financial report to the City, to be reviewed by the
City's Finance Department.
(e) All other terms of this Agreement. Any agreement between Manager and a subcontractor must
include a provision reserving all of the City's rights under this Agreement and law, and the
subcontractor agreeing thereto.
SECTION 4. PAYMENTS AND RENT.
(a) City will pay Manager for management of the Ice Arena and all services to be performed by
Manager under this Agreement, except for services for additional work or work beyond the
scope of this Agreement, the following amounts for the following years:
i. Year 1: August 29, 2022 through August 28, 2023; $300,000.00
ii. Year 2: August 29, 2023 through August 28, 2024; $225,000.00
iii. Year 3: August 29, 2024 through August 28, 2025; $150,000.00
iv. Year 4: August 29, 2025 through August 28, 2026; $75,000.00
v. Year 5: August 29, 2026 through August 28, 2027; $0.00 (no management
payment)
(b) The first payment of $150,000.00 shall be due within forty-five (45) days of both parties
executing this Agreement, and the remaining $150,000.00 shall be due six months later. Each
annual payment thereafter for Year 2, Year 3, and Year 4 shall be due biannually in equal
installments.
(c) At least thirty (30) days prior to the next biannual period, but not more than sixty (60) days,
Manager will submit an invoice for payment at a rate of not more than half of the yearly sum,
unless otherwise agreed upon in writing, for actual professional services rendered.
Applications for payment shall contain appropriate documentation showing that services have
been performed and appropriate expenses incurred in the previous biannual period. Thereafter,
City shall pay Manager for an undisputed invoice within forty-five (45) days of the date such
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application is received. City may offset any payments to Manager by amounts due to City,
including but not limited to any unpaid sales tax or municipal fee that Manager has failed to
remit, and any costs enumerated in paragraph (d) directly below.
(d) Should City need to employ mechanic, manager, or other personnel on the Leased Premises to
assist Manager with is operations or maintenance, the salary and other associated costs,
including but not limited to insurance premiums, chemicals, or supplies, of said City
employees shall be deducted from any monies to be paid to Manager. Manager is encouraged,
but not required, to employ the persons City laid off due to Manager taking over management
and operation of the Licensed Premises.
(e) Beginning in Year 6, August 29, 2027 through August 28, 2028, Manager shall pay City
$5,000.00 per month as rent due for the use of the Leased Premises. Beginning August 29,
2028, Manager shall pay to City $5,500.00 per month as rent due, subject to an annual
consumer price index ("CPI") adjustment as set forth below. Rental rates starting in Year 6
may be subject to further negotiation between the parties.
(f) Following Year 7, August 29,2028 through August 28,2029,the rents for the Leased Premises
shall be increased biennially based upon the CPI for all urban consumers, CPI-U (all items
1982-1984=100)or comparable index if the Department of Labor changes or modifies the CPI-
U or no longer publishes the CPI-U. The rent shall be increased by a percentage equal to the
percentage increase in the CPI-U during each preceding two-year period over the comparable
CPI-U for the first month of each 2-year period. If there is no percentage increase in the CPI-
U for any preceding 2-year period, the rents will remain the same as the preceding 2-year
period for the next 2-year period. In no event, shall the percentage increase for the rents be
greater than five percent(5%).
(g) All rent shall be due without notice, offset, or deduction on the first day of each month, and
shall be payable at the place designated in this Agreement for Notice to City. Rent shall be
paid to City of Pueblo, Finance Department, 1 City Hall Place, Pueblo, Colorado 81003. All
late rent, fees, and other sums due under this Agreement shall bear interest at the rate of eight
percent (8%) per annum from the date the sum first becomes due, compounded monthly.
(h) No separate or additional payment shall be made for profit,overhead,local telephone expenses,
lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses
unless otherwise agreed to.
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(i) No compensation shall be paid to Manager for services required and expenditures incurred in
correcting Manager's mistakes or negligence.
SECTION 5. UTILITIES.
Manager shall pay before delinquent the charges for all utilities, including but not limited to, water,
gas, electric, cable, satellite, and internet.
SECTION 6. SECURITY DEPOSIT.
(a) At the beginning of Year 6 on August 1, 2027, Manager will submit and City shall retain a
deposit in the sum of$5,000.00 to ensure performance of its obligations under this Agreement.
In the event that Manager fails, neglects, or refuses to pay any rent, fee, or other sum due, or
fails to perform any obligation under this Agreement, then City may, in its sole and absolute
discretion, draw from this security deposit to remedy Manager's default. Nothing contained in
this Agreement shall require City to remedy Manager's default in this manner, and City may
instead, in its sole and absolute discretion, refuse to remedy Manager's default by drawing on
the security deposit, and instead pursue the remedies for default provided in this Agreement or
by law.
(b) In the event that City draws from this security deposit to remedy Manager's default, City shall
notify Manager in writing and require Manager to replenish the deposit to its original level.
Failure of Manager to comply with this section shall constitute a material breach of this
Agreement.
(c) Within sixty(60)days after this Agreement expires or terminates, City shall refund to Manager
the security deposit, less any portion of the security deposit that City has applied to remedy
any of Manager's defaults under this Agreement,including but not limited to unpaid rent,other
sums due under this Agreement, and any damages or cleaning that may be required, whether
discovered during the term of this Agreement or afterward.
SECTION 7. CITY TO PROVIDE CERTAIN CAPITAL IMPROVEMENTS, EQUIPMENT,
AND MAINTENANCE.
(a) City has paid for certain capital improvements to the Leased Premises and purchased the
equipment and supplies presently located on the Leased Premises, including, but not limited
to, the ice rink, primary Zamboni, backup Zamboni, stoves, ovens, furniture, bars, freezers,
and the like, for Manager's use on the Leased Premises. All such improvements, equipment,
and supplies shall remain property of the City and shall be returned to the City upon termination
or expiration of this Agreement. Manager shall confirm that all equipment and supplies are
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tagged with City identification within one(1) month of signing of this document. Any capital
improvements, equipment, or other supplies purchased by Manager, whether to improve the
Leased Premises or to replace existing capital improvements, equipment, or other supplies,
shall become the property of City upon termination of this Agreement,unless otherwise agreed
to in a signed writing.
(b) Manager shall not remove any equipment from the Leased Premises without the express
written consent of the City's Mayor. Manager shall operate and maintain, at its own expense,
all equipment. ALL EQUIPMENT PROVIDED TO MANAGER AS SET FORTH IN
EXHIBIT B IS ON AN "AS IS" "WITH ALL FAULTS" BASIS, AND CITY MAKES NO
REPRESENTATION OR WARRANTY AS TO THE CONDITION OR FITNESS OF THE
EQUIPMENT FOR ANY PARTICULAR USE OR PURPOSE. Manager is hereby advised
that Manager shall be solely responsible for personally inspecting the equipment before
execution of this Agreement and any use of the equipment. Manager's execution of this
Agreement and use of the equipment shall constitute an expressed acknowledgement by
Manager that the equipment is safe and adequate for Manager's intended and permitted use.
(c) Manager shall have exclusive control of the equipment during the pendency of this Agreement,
subject to the City's rights, and shall be responsible for all equipment and for adequate
safeguard for the protection of Manager, its employees, agents, independent contractors,
subcontractors, and representatives, and persons engaged in any activity on the Leased
Premises. Notwithstanding any provision in this Agreement to the contrary or which may be
construed to the contrary, City assumes no obligation or responsibility to replace the
equipment, or to keep or maintain the equipment in good and safe condition, appearance, or
state of repair, regardless of cause of need for maintenance, repair, and/or replacement.
(d) City shall be responsible for all major maintenance, repair, and replacement of the plumbing
system,roof, electrical system,parking lot,building exterior, and cooling tower for the Leased
Premises. The Leased Premises does not contain and the City will not provide a heating and/or
air conditioning system beyond the limited heating in the locker rooms, lobby,and other areas.
Manager shall be responsible for routine and minor repairs and maintenance,which are defined
as any repairs or maintenance with a dollar value of five thousand dollars ($5,000.00) or less,
including but not limited to the changing of light bulbs and the interior cleaning and upkeep of
restrooms and hallways.
(e) City will maintain the area outside of the Leased Premises, including maintenance of the
landscaping, building facades and snow removal on walkways leading to the entrance of the
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Ice Arena. However, snow removal within five (5) feet of the entrance to the Ice Arena will
be the responsibility of the Manager.
SECTION 8. SPONSORSHIP CONTRACTS AND ADVERTISING.
(a) Manager may enter into Sponsorship Contracts which affect the Leased Premises or the
operation of the Concession Area at any time. Manager shall honor and comply with all
existing sponsorship agreements the City currently has in place. Once the City sponsorship
agreements have expired, the Manager may negotiate new Sponsorship Contracts with those
individual organizations.
(b) Manager may enter into Sponsorship Contracts for less than Twenty Thousand Dollars
($20,000.00)without the prior written consent of the City; however,the City reserves the right
to require Manager to discontinue any Sponsorship Contracts and/or advertising that the City
believes, in its sole and absolute discretion, is not within the City's best interests. Any
Sponsorship Contract over Twenty Thousand Dollars ($20,000.00)or involving the naming of
the whole, or any portion of the Leased Premised must be approved by the City's Mayor in
writing, which approval may be withheld at the sole and absolute discretion of the City.
Manager may not enter into Sponsorship Contracts where the sponsorship or advertising is
related to marijuana,or any activity prohibited by Colorado or municipal law. Should a sponsor
pay for the right to have its product used or sold on the Leased Premises,or to place advertising
signs,banners,and other materials at the Leased Premises,City's approval of such sponsorship
must first be obtained.
(c) Manager must complete a Sponsorship Contract for any Sponsorship Event it wishes to
conduct.
(d) In the event that any term of this Agreement pertaining to Sponsorship Contracts or
Sponsorship Events conflicts with or is construed to conflict with any provision of any other
contract, lease, or agreement between the City or any of its enterprises and Manager, the
provisions of this Agreement shall control.
(e) Manager must work with the City and provide necessary information to the City in order to
update the Pueblo Ice Arena website at all times during the term of this Agreement and any
extension thereof Manager must insure a proper link from the Pueblo Bulls Hockey website
to the City of Pueblo website at all times during the term of this Agreement. Manager may
create and manage a separate social media site to promote Pueblo Bulls Hockey. The City has
the right to require Manager to discontinue any advertising on the Pueblo Ice Arena website
that the City believes, in its sole and absolute discretion, is not in the City's best interests.
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(f) City will be named as an additional sponsor for all of Manager's games, events and programs.
The City of Pueblo's logo as provided by the Director will be placed on the ice of the ice rink
and must be readable from the highest stands of the Ice Arena by the average person. Said logo
need not be located at center ice.
(g) This Agreement does not include the use of broadcasting or television facilities or the use of
the Leased Premises for either of these activities, arrangements for either of which must be
made in Manager's sole cost and expense. City reserves the right to take photographs in the
Leased Premises at any time.
(h) Manager shall be responsible for all of its own marketing and promotions, including but not
limited to signs, banners, flyers, and posters. Manager shall include City's logo as approved
by Director on all marketing and promotions but shall not represent or hold itself out as a
partner,joint venture, agent, or representative of City.
SECTION 9. MANAGER'S OBLIGATIONS.
Manager shall perform and comply with the following obligations, restrictions, and limitations:
(a) Operate, staff, manage, clean, repair, keep sanitary, maintain, and promote the Leased
Premises, fixtures, and equipment, including the ice rink, bleachers, locker rooms, restrooms,
offices, skate rental area(s), storage rooms, primary Zamboni, backup Zamboni, and
Concession Area equipment. Manager shall clean the ice rink but City will dispose of ice rink
shavings in accordance with hazardous waste policies and procedures. Manager shall perform
all duties with reasonable care according to the highest standards in the industry.
(b) Hire, supervise, train, and schedule all employees and subcontractors needed and required for
the efficient operation, maintenance, management, and promotion of the Leased Premises and
for any sale and service of alcoholic beverages. It is expressly understood and agreed that all
employees hired by Manager shall be the employees of Manager, and there shall be no
contractual obligations or employer-employee relationship between the City and such
employees. Manager shall provide all workers' compensation insurance for its employees in
accordance with the laws of the State of Colorado and furnish Director with satisfactory proof
that such insurance is in effect.
(c) Maintain the security and inventory of, and maintain in good condition and repair, all City
equipment, fixtures, and machinery used by Manager or placed under Manager's custody and
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control by City. An initial inventory of such machinery, fixtures, and equipment shall be
prepared for the Leased Premises and shall be signed by the Director and Manager and attached
hereto and incorporated herein as Exhibit B (the "Inventory"). Director and Manager shall
annually update such Inventory. Repairs, replacement, and disposal of any items on the
inventory shall be approved by the Director annually or at such earlier time as requested by
Manager. Any machinery, fixtures, or equipment purchased by Manager to replace existing
machinery, fixtures, or equipment listed in the Inventory, including but not limited to both the
primary Zamboni and backup Zamboni, shall become the property of City upon termination of
this Agreement.
(d) Keep and maintain separate, accurate, and complete accounts and records of all activities and
transactions conducted by Manager or Manager's subcontractor on the Leased Premises,
including the Concession Area, in accordance with generally accepted accounting principles
and sound business practices, which accounts and records shall be available for inspection,
copy, and audit by City during normal business hours. Manager shall retain all such accounts
and records during the term of this Agreement and for a minimum period of three (3) years
after termination of this Agreement.
(e) Comply strictly with all applicable federal, state, and local laws, rules, and regulations. The
Pueblo Ice Arena Rules & Regulations, as they now exist and as they may later be amended,
shall be incorporated herein and attached hereto as Exhibit D and be binding upon Manager.
(f) Keep the Leased Premises open for business for sufficient hours each day to adequately serve
the public and conduct City's programs, but for no less than a continuous ten(10) hour period
per day. Any change in the set hours of operation shall require the prior approval of the
Director. Should City in its sole discretion determine the Leased Premises is not open for
sufficient hours to adequately serve the public, City may direct Manager to open the Leased
Premises for such additional hours as City may select.
(g) Furnish prompt, courteous, and efficient service throughout the Leased Premises, including
but not limited to food and beverage service in the Concession Area. Manager will hold regular
events, special events, and Sponsorship Events according to a schedule set forth by Manager
and approved by Director, in his or her sole and absolute discretion. Manager will provide all
service in a polite and inoffensive manner, ensuring polite conduct and demeanor on the part
of Manager's representatives, agents, employees, and subcontractors.
(h) Schedule all City programs on the Leased Premises as directed by the City, including but not
limited to public skating sessions, freestyle figure skating, the Pueblo Ice Skating Academy,
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Lazer Light Friday Night, and Youth Stick& Puck. City programs shall take priority over any
other use Manager may make of the Leased Premises. The City must give prior approval for
any change in or rescheduling of a City program. Revenue from City programs conducted on
the Leased Premises will be collected by Manager and be used by Manager to further the same
or similar programs on the Leased Premises.
(i) Meet,work with,and accommodate Ice Arena User Groups,included but not limited to Pueblo
Men's Hockey League, Co-ed Hockey League, Heads Up Hockey League, Pueblo Women's
Team, Dave Feamster Hockey Camp FCA, and the Pueblo Figure Skating Club.
(j) Meet with Director in person at least quarterly to review: operation of the Leased Premises,
City programs or other events to be conducted on the Leased Premises, the results of previous
City programs or other events conducted on the Leased Premises, any menu, prices charged,
days and times of operations, decor, advertisements, sponsorships, sales materials and records,
and the quality of food and beverages provided.
(k) Pay at Manager's sole cost,before same becomes delinquent,all sales,use,property,and other
taxes on the business or property. Manager shall collect and remit to City all sales taxes on the
sale of tickets, food, beverages, and other sales.
(1) Operate and manage the Leased Premises as a public facility for the use and benefit of the
public on a fair, equal, and nondiscriminatory basis without preferential treatment to any
individual, group, or entity. Manager will meet and comply with the nondiscrimination and
equal employment requirements of Section 1-8-4 of the Pueblo Municipal Code and state and
federal law, which are incorporated herein by reference. Manager specifically agrees that no
person shall be denied or refused services or other full or equal use of the Leased Premises,
nor denied employment opportunities by Manager as a result of race, creed, color, sex, sexual
orientation, age, national origin, ancestry, or disability. Manager's failure to comply with this
section shall constitute a material breach for which City may immediately terminate this
Agreement and at which time Manager will provide a full refund of the most recent monies
paid by City to Manager.
(m)To the extent the Americans With Disabilities Act of 1990, (42 U.S.C. § 12101, et. seq.) (the
"ADA"), the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794 et seq.) (the "RA") or
any other federal or state law requires that special accommodation be made for any person with
a disability,including any person with a hearing impairment,in order for such person to attend,
enjoy or participate in any program, activity, public performance, or other use of Leased
Premises undertaken by Manager under this Agreement, Manager shall at its sole cost and
expense furnish such special accommodations, and fully comply with the requirements of the
ADA,RA,or other federal or state law. Should a pre-existing condition of the Leased Premises
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be found by City to not be ADA compliant, Manager will not be responsible for the cost of
correcting said condition, which shall be the responsibility of City.
(n) To the extent applicable, Manager's website and virtual activity shall comply with and adhere
to Section 508 of the RA and C.R.S. §§24-85-101 et seq. Manager shall comply with all
applicable technology standards related to technology accessibility and with Level AA of the
most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in
the State of Colorado technology standards and available at
https://www.w3.org/TR/WCAG21/.
(o) Obtain at Manager's sole cost and expense all licenses required for the operation of the Leased
Premises, including but not limited to food service licenses, liquor licenses, and sales and use
tax licenses. Upon termination of this Agreement, all such licenses shall remain with the
Leased Premises and Manager shall fully cooperate in the transfer of such licenses to City or
its designee. For such purposes, Manager hereby irrevocably appoints City its agent and
attorney in fact to execute all approvals and instruments required for such transfers. City
acknowledges that any required license may be held in the name of a subcontractor of Manager,
but any such license shall remain with the Leased Premises and both subcontractor and
Manager shall fully cooperate in the transfer of such licenses to City or its designee. Any
agreement between Manager and a subcontractor must include a provision keeping all such
licenses with the Leased Premises and guaranteeing their transfer and approval in accordance
with City's direction.
(p) Comply with the rules and regulations adopted by the Director relating to the use and operation
of the Leased Premises, and all roads, sidewalks, and parking lots used in connection with the
Leased Premises.
(q) Keep all portions of the sidewalks,entrances,passages,vestibules,halls,and all ways of access
to public areas of the Leased Premises unobstructed and not use such areas for any purpose
other than ingress and egress to and from the Leased Premises and public areas. The doors,
stairways, or openings into the Leased Premises, including hallways, corridors, passageways,
and house lighting attachments, shall not be obstructed by the Manager.
(r) Not use or allow the Leased Premises to be used for any unlawful or objectionable purpose as
determined by the City, and shall not cause, maintain, or permit any disorderly conduct,
nuisance,or waste in,on, or about the Leased Premises.Manager shall not conduct any activity
or sell anything at or on the Leased Premises except as specifically authorized in this
Agreement.
(s) Not make any improvements of a permanent nature to the Leased Premises or install any fixture
or sign thereon,or make any additions,changes,remodeling,or alterations to the same without
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the prior written approval of the Director and after obtaining all permits required therefor. All
improvements, fixtures, signs, additions,changes,remodeling, or alterations shall become and
remain the property of the City.
(t) Surrender and deliver to the City at the expiration or termination of this Agreement the Leased
Premises and all fixtures, machinery, supplies, and equipment in good order and condition,
reasonable wear and tear excepted.
(u) Have the non-exclusive right, but not the obligation, to collect and have custody of all articles
left in the Leased Premises by persons attending any function held in the Leased Premises.
Any property left in the Leased Premises shall after a period of thirty (30) days from the last
day of tenancy be deemed abandoned and at the option of City become property of City.
SECTION 10. MANAGER'S IMPROVEMENTS AND EQUIPMENT.
(a) All costs associated with the development, installation, construction, and maintenance of any
improvements or capital improvements shall be the sole responsibility of the Manager, unless
City and Manager mutually agree otherwise through a signed writing. Manager shall submit
to City a written proposal for all proposed improvements that includes the estimated value of
the improvements and anticipated cost of development, installation, construction, and
maintenance. All improvements must comply with the requirements of the ADA, RA, and
other federal or state laws. Manager must obtain the prior written approval of the Director and
Mayor for any proposed improvements and a certificate from the Pueblo Regional Building
Department approving any proposed improvements. All improvements must be approved in
writing by the City prior to installation or construction. Any proposed changes must meet all
building permit regulations and be constructed, installed, maintained, and operated in
compliance with all local, state, and federal laws and regulations.
(b) Manager shall maintain the improvements in good and safe condition, appearance, and state of
repair, regardless of the cause or need for maintenance and repair. City and Manager may
negotiate to offset or reduce the yearly rental rates by the cost of site improvements installed
or constructed by Manager. All offsets or reductions in rent shall be mutually agreed upon by
Manager, Director, and Mayor and be reduced to a writing signed by both parties prior to any
work being performed. To receive a reduction or offset, Manager must submit a copy of a
final invoice and proof of payment to Director in order to receive credit for any reduction in
rent. If an improvement is not performed or completed, or Manager's payment for the same is
not completed, rejected, or dishonored for any reason, rent shall be paid according to existing
terms of this Agreement.
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(c) Any improvement, construction, or enhancement completed by Manager shall be deemed a
fixture and become a permanent part of the Leased Premises, and all ownership of the
improvement, construction, or enhancement shall pass to the City upon termination or
expiration of this Agreement.
(d) The City may in its discretion reimburse Manager for additional capital expenses incurred by
Manager for equipment and furniture to be used by Manager at the Leased Premises,provided
that:
(1) Manager obtains written approval from the City for the capital expenses prior to incurring
said expenses; and
(2) Manager provides a detailed proposal to the City describing the equipment or furniture to
be purchased, the reason the purchase is necessary, and an estimate of the costs for the
equipment or furniture; and
(3) The capital expenses are incurred only for Ice Arena related equipment or furniture
delivered to and used solely at the Leased Premises; and
(4) Receipts for all purchases are provided immediately after the purchases are made.
SECTION 11. PROGRAMS AND EVENTS.
(a) Manager will on behalf of City, schedule all City programs on the Leased Premises as directed
by the City, including but not limited to public skating sessions, freestyle figure skating, the
Pueblo Ice Skating Academy, Lazer Light Friday Night, and Youth Stick & Puck. City
programs shall take priority over any other use Manager may make of the Leased Premises.
The City must give prior approval for any change in or rescheduling of a City program. All
City programs must be provided at affordable rates and any charges to participants must first
be approved by City.
(b) Bulls Hockey Practice and Games. Hockey practices and games shall be scheduled by
Manager, such that the practices and games do not conflict with City programs.
(c) Lazer Light Night. Games shall conclude prior to the Pueblo Ice Arena's Lazer Light Friday
Night event. Manager's players may interact with youth in attendance and join the Pueblo Ice
Arena Lazer Light Friday Night event upon approval of City. Depending upon the Friday night
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game schedule, Manager may with Director's approval adjust the Lazer Light event schedule
to accommodate the earlier Friday night games.
(d) Manager may hold special events upon Director's written approval and at hourly rates
approved by Director. Manager shall be solely liable for all damage to the Leased Premises
caused by its events and will conduct any repairs needed due to such damage. No event may
substantially alter the character of the Leased Premises nor result in it losing its nature as a
public facility.
(e) Manager shall provide City with a discounted rate for any rental or special event City wishes
to hold on the Leased Premises. The discount for City use shall be at least ten percent (10%)
below the standard rate. The City's Fire and Ice Cup between the Pueblo Police Department
and Pueblo Fire Department will be hosted on the Leased Premises at no charge to City.
(f) Manager shall be responsible for all ticket sales, both before and the day of a game or event.
City shall not be in any way responsible for the sale of tickets nor Manager's inability to sell
tickets. Manager shall not sell, allow, or cause to be sold or issued, admission tickets in excess
of the seating capacity of the Leased Premises, nor admit a larger number of persons to the
Leased Premises than can be properly and safely seated,and the decision of the Director in this
respect shall be final. Although Manager shall set the price of tickets with Director's approval
and control all ticket sales, Manager shall keep ticket prices affordable to the Pueblo
community to ensure sufficient sales and to build a long-term fan base.
(g) Manager shall not use pyrotechnic devices, explosives, fireworks or incendiary devices of any
kind anywhere in or near the Leased Premises without prior written approval from the Fire
Department and the Director.
(h) Manager will endeavor to foster various community leagues that would use the Ice Arena,
including but not limited to hockey, skating, and curling.
SECTION 12. FOOD,BEVERAGES,AND LIQUOR.
(a) Manager will provide food and beverage service in designated areas of the Licensed Premises,
which may include alcoholic beverages. Manager will purchase, stock, carry, furnish, provide,
and replace as needed, at Manager's sole cost and risk, sufficient and adequate food,foodstuffs,
beverages, alcohol beverages, equipment, furnishings, furniture, dishes, glasses, and utensils
in the Concession Area, in a quality and quantity determined to be adequate by Director,
including at a minimum sandwiches and light snacks or the equivalent thereof.
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(b) Manager shall provide prompt, courteous, and efficient food and beverage service on the
Leased Premises during games and approved Sponsorship Events. Food must be served in
accordance with the Colorado Liquor Code if Manager has obtained a liquor license.
(c) Manager may use the Leased Premises for the selling of fermented malt beverages,also known
as beer, if it obtains all necessary permits and permissions, including the appropriate license
from the City of Pueblo Liquor and Beer Licensing Board. Should Manager decide to sell
alcohol:
(1) The Manager may only sell fermented malt beverages and no other type of liquor.
(2) Alcohol shall NOT be served during youth programs or events.
(3) Alcohol must be stored securely on the Leased Premises.
(4) Manager must maintain the Leased Premises in accordance with liquor rules and
regulations promulgated by the State of Colorado and the City of Pueblo. Manager shall
provide adequate security at all times during which alcoholic beverages are to be sold.
(5) Manager shall procure additional insurance in accordance with best practices of liquor
licensed establishments, sufficient to cover the liabilities incurred from the selling of
alcohol.
(6) All costs associated with and incidental to the selling of alcohol, including equipment,
tables, cups, additional trash cans, and other supplies, will be assumed by Manager.
Manager shall provide its own trained staff to serve alcoholic beverages. City's staff shall
not serve alcoholic beverages nor be requested to do so. City's staff shall not in any way
be required to aid Manager in the procurement or sale of alcohol.
(7) Manager shall exercise special care to ensure that persons under the age of twenty-one(21)
do not purchase, receive, or consume alcoholic beverages on the Leased Premises, that
alcoholic beverages are not removed illegally from the Leased Premises, and that visibly
intoxicated persons are not served alcoholic beverages. Before allowing any employee to
sell or serve alcoholic beverages on the Licensed Premises, Manager shall ensure that the
employee receives Responsible Vendor Training in in accordance with the Colorado
Liquor Code.
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(d) Manager will be responsible for and meet City's standards when cleaning up serving areas,
stands, and all other areas where alcohol is to be allowed.
(e) Manager's sale of alcoholic beverages must be kept separate from the sale of other food and
non-alcoholic concessions. All revenue from Manager's sale of food, beverages, and alcohol
shall be the sole property of Manager, subject to all taxes and fees.
(f) Manager must receive approval from City before applying for any license or permit allowing
the sale of liquor, other than fermented malt beverages (beer).
SECTION 13. TERM AND TERMINATION.
(a) The initial term of this Agreement is five (5)years, from August 29, 2022 to August 28, 2027,
unless earlier terminated as herein provided. This Agreement may be renewed for three (3)
separate successive five-year periods in the discretion of the City. Prior to the first renewal of
this Agreement, the parties may negotiate the rent Manager will be charged for its use and
occupation of the Leased Premises. If a new rent is not negotiated, rent shall be as set forth in
Sections 4(d) and 4(e) of this Agreement.
(b) If either party is in default hereunder, the non-defaulting party may give written notice
describing the default to the defaulting party. If the defaulting party does not correct such
default within twenty(20)days after receipt of said notice, or if the default cannot be corrected
within said twenty(20)day period and the defaulting party fails to commence action to correct
within said period and thereafter diligently pursue corrective action, the non-defaulting party
may terminate this Agreement upon an additional five (5) days' notice to the defaulting party.
(c) Notwithstanding the foregoing, either party may terminate this Agreement without cause by
giving at least ninety (90) days prior written notice to the other party, specifying the date of
termination.
(d) In the event any portion of the Leased Premises is not vacated at the end of the term of this
Agreement, City shall be and is hereby authorized to remove from the Leased Premises,at the
expense of the Manager, all Manager's goods, wares, merchandise, and property of any kind
or description which may be located in any portion of the Leased Premises, and City shall not
be liable for any damage to or loss of such goods, wares, merchandise, or property sustained
either during the removal or storage of same and the City is hereby expressly released from
any and all claims for such loss or damage. Upon termination of this Agreement, Manager will
deliver to the City the Leased Premises in as good condition and repair, as the same shall be
found at the beginning of the term of this Agreement. Manager shall pay to City the cost of
replacement of any rink glass broken during its rental term.
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SECTION 14. INSURANCE,INDEMNITY, AND RELEASE.
(a) Manager shall, prior to execution of this Agreement and on the anniversary of such execution
each year, obtain the following insurance coverages and provide to the City Certificates of
Insurance evidencing the same. Certificates evidencing insurance coverage shall certify that
the insurance coverage is in force and will not be cancelled or reduced without at least thirty
(30)days prior written notice to City and that the City is named as an additional insured under
the policies. Manager shall maintain all such insurance coverages at all times during the term
of this Agreement:
(1) Workers' Compensation Insurance complying with statutory requirements in Colorado and
in any other state or states where work is performed. The Workers' Compensation
Insurance policy shall contain an endorsement waiving subrogation against the City.
(2) Commercial General Liability ("CGL") Insurance issued to and covering the liability of
Manager and its subcontractors, to be written on a Commercial General Liability policy
form with coverage limits of not less than Two Million and No/100 Dollars
($2,000,000.00)per person and occurrence for personal injury, including but not limited to
death and bodily injury, and Two Million and No/100 Dollars ($2,000,000.00) per
occurrence for property damage. This CGL policy shall also provide coverage for fires and
for contractual liability assumed by Manager under the provisions of this Agreement.
(3) Comprehensive Automobile Liability Insurance effective during the period of the
Agreement, covering the liability of Manager and with limits of liability for injury to one
person in any single occurrence of not less than One Million and No/100 Dollars
($1,000,000.00) and for any injury to two or more persons in any single occurrence of not
less than Two Million and No/100 Dollars ($2,000,000.00). This insurance shall include
uninsured/underinsured motorist coverage and shall protect Manager from any and all claims
arising from liability for the use of motor vehicles and Zambonis on and off the Leased
Premises and whether the motor vehicle or Zamboni is owned, hired or used by Manager or
its employees.
(4) The coverage and limits enumerated in this insurance provision represent only the
minimum insurance required, and the Manager should rely on its expertise to obtain any
additional insurance coverage needed for its performance under this Agreement.
(b) Manager forever releases and waives any and all claims, known and unknown, presently
existing or arising in the future, and any suit or action in law or equity against City and its
officers, employees, agents, and independent contractors ("Released Parties") in any court or
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tribunal, based on tort, statute, violation of civil rights, or any other legal theory, for any
physical injury,psychological injury,death,property damage,or loss that Manager may suffer,
related to or caused by the Released Parties which are in any way related to the Leased
Premises, or any vehicle, object, thing, or activity in any building or facility owned, operated,
or controlled by the Released Parties.
(c) Manager shall not file,pursue, or prosecute any suit, action,or proceeding, in law or in equity,
in any court or tribunal, against the Released Parties, based on tort, statute, violation of civil
rights, or any other legal theory, for any physical injury, psychological injury, death, property
damage, or loss that Manager may suffer related to or caused by the Released Parties which
are in any way related to the Leased Premises or any vehicle, object, thing, or activity in any
building or facility owned, operated, or controlled by the Released Parties.
(d) Manager shall indemnify, defend, and hold harmless the Released Parties against any liability
for any damages, attorneys fees, and restitution that may be imposed by any court or tribunal
in any suit, action, or proceeding in law or equity filed by any person or entity based on tort,
statute,violation of civil rights,or any other legal theory,for any physical injury,psychological
injury, death, property damage, or loss that Manager may suffer, related to or caused by the
Released Parties which are in any way related to the Leased Premises or this Agreement, or
any vehicle, object, thing, or activity in any building or facility owned, operated, or controlled
by the Released Parties.
(e) Manager shall indemnify, defend, and hold harmless the Released Parties against any liability
for any damages, attorneys fees, and restitution that may be imposed by any court or tribunal
in any suit, action, or proceeding in law or equity filed by any person or entity based on tort,
statute,violation of civil rights,or any other legal theory,for any physical injury,psychological
injury, death, property damage, or loss directly or indirectly attributable to Manager or
Manager's subcontractors, which are in any way related to the Leased Premises or this
Agreement,or any vehicle,object,thing,or activity in any building or facility owned,operated,
or controlled by Manager or Manager's subcontractors, except where said loss is due to civil
rights related litigation based on City denying Manager's acceptance of a sponsorship.
(f) Prior to using the Leased Premises, all of Manager's employees, agents, and participants
MUST sign a Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement
("Release Agreement"), the language of which must be approved by the Director, in the
presence of Manager personnel and all executed Release Agreements shall be maintained and
kept on file by Manager for at least three (3) years from the execution date of the Release
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Agreements. Originals or copies of the Release agreements shall be delivered to the City upon
its request. Manager's obligation to maintain these records and provide them to the City upon
request shall survive termination or expiration of this Agreement. Manager shall bear sole
responsibility for full compliance with this section. Use of the Leased Premises by any of
Manager's employees, agents, or participants prior to the execution of a Release Agreement
by such individual, shall constitute a material breach of this Agreement by Manager.
(g) No individual under the age of eighteen (18) years shall be allowed in to use the Leased
Premises, without a (1) Release Agreement, and (2) a Parental Consent to the Release and
Waiver of Liability, Assumption of Risk and Indemnity Agreement ("Parental Consent
Agreement") executed by each minor and the minor's parent or legal guardian. The language
of the Release Agreement and Parental Consent Agreement must be approved by the Director.
These documents must be signed in the presence of Manager personnel and are required before
said minor's use of the Leased Premises. All executed documents shall be maintained and kept
on file by Manager for three (3)years from the execution date of the Release Agreements and
Parental Consent Agreements. Originals and/or copies of the Release Agreements and Parental
Consent Agreements shall be delivered to the City upon request. Manager's obligation to
maintain these records and provide them to the City upon request shall survive termination or
expiration of this Agreement. Manager shall bear sole responsibility for full compliance with
this section. Entry by any individual to a restricted area prior to the execution of the agreements
listed in this section shall constitute a material breach of this Agreement by Manager.
(h) The City assumes no responsibility whatsoever for any Manager property placed in the Leased
Premises, and City is hereby expressly released and discharged from any and all liability for
any loss, injury, or damage to person or property that may be sustained by reason of the
occupancy or use of the Leased Premises by Manager.Manager assumes all risk of loss, injury,
or damage to such property and persons.
SECTION 15. SUBCONTRACTS.
(a) The parties acknowledge that Manager is the only party with whom City has a lease or contract
under this Agreement. To the extent Manager performs any services under this Agreement
through subcontractors, Manager shall contractually bind each of its subcontractors through
written contract to all of the terms of this Agreement which are for the benefit of City, and City
shall be a third party beneficiary of those subcontracts. City reserves the right to approve or
reject, in its sole and absolute discretion, any subcontractor Manager intends to perform
services under this Agreement. Manager shall obtain City's approval prior to contracting with
any such subcontractor.
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(b) Manager shall indemnify, defend, and hold harmless the Released Parties from any and all
claims and demands for payment for any services provided by Manager's subcontractors.
Manager shall provide or require its subcontractors to maintain at a minimum the types and
levels of insurance required of Manager pursuant to this Agreement and require subcontractors
to release City from any and all liability and to indemnify,defend, and hold harmless City from
any damage or loss directly or indirectly attributable to the subcontractor. Manager shall not
allow the placement of any liens on the Leased Premises.
(c) Manager shall furnish, maintain, and keep in force during the effective term of this Agreement
a good and sufficient Performance Bond, in the form provided by City, in an amount not less
than the Minimum Annual Guarantee as security for Manager's faithful performance of this
Agreement and for the payment of all subcontractors and persons performing labor and
furnishing equipment and provisions in connection with the Leased Premises and the return of
the Leased Premises and City owned fixtures, inventory, and equipment in good condition
upon termination or expiration of this Agreement.
SECTION 16. NOTICES.
(a) Any notice required or permitted by this Agreement shall be in writing and shall be deemed to
have been sufficiently given for all purposes if sent by certified mail or registered mail,postage
and fees prepaid, addressed to the party to whom such notice is to be given at the following
address or at such other address as may be subsequently furnished in writing to the other party:
If to City:
Mayor
City of Pueblo
1 City Hall Place
Pueblo, Colorado 81003
With an additional copy to:
City Attorney
City of Pueblo
1 City Hall Place
Pueblo, Colorado 81003
And
Director of Parks and Recreation
City of Pueblo
800 Goodnight Avenue
Pueblo, Colorado 81005
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If to Manager:
Jerry Wilhite
Pueblo Bulls Hockey Club, Inc.
1755 Telstar Drive, Suite 300
Colorado Springs, Colorado 80920
(b) Such notices shall be deemed to have been given when deposited in the regular United States
mail.
SECTION 17. PERA LIABILITY.
Manager shall reimburse the City for the full amount of any employer contribution required to be paid
by the City of Pueblo to the Public Employees' Retirement Association ("PERA") for salary or other
compensation paid to a PERA retiree performing contracted services for the City under this
Agreement. Manager shall fill out the questionnaire attached as Exhibit C and submit the completed
form to City as part of the signed Agreement.
SECTION 18. MISCELLANEOUS.
(a) THE LEASED PREMISES IS PROVIDED ON AN "AS IS" "WITH ALL ITS FAULTS"
BASIS, AND CITY MAKES NO REPRESENTATION OR WARRANTY AS TO THE
CONDITION OR FITNESS OF THE LEASED PREMISES FOR MANAGER'S EVENTS
OR FOR ANY PARTICULAR USE OR PURPOSE. Accordingly, Manager is hereby advised
that Manager shall be solely responsible for personally inspecting the Leased Premises before
execution of this Agreement and commencement of any use. Manager's execution of this
Agreement or commencement of any use shall constitute an expressed acknowledgement by
Manager that the Leased Premises is safe and adequate for Manager's permitted use.
Notwithstanding any provision in this Agreement to the contrary or which may be construed
to the contrary, City assumes no obligation or responsibility to keep or maintain the Arena or
Leased Premises in good and safe condition, appearance, or state of repair, regardless of cause
of need for maintenance and repair.
(b) Additional Documents. The parties agree to execute any additional documents or take any
additional action that may be necessary to carry out this Agreement.
(c) Force Majeure. Any delays in or failure of performance by any party of its obligations under
this Agreement shall be excused if such delays or failure are a result of acts of God,pandemics,
fires, floods, storms, lightning strikes, labor strikes, labor disputes, accidents, regulations,
orders of civil or military authorities, shortages of labor or materials, or other causes, similar
or dissimilar, which are beyond the control of such party.
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(d) Binding Effect. This Agreement shall inure to the benefit of, and be binding upon,the parties,
their respective legal representatives, successors,and assigns;provided,however,that nothing
in this paragraph shall be construed to permit the assignment of this Agreement except as
otherwise expressly authorized herein.
(e) Section Captions. The captions of the paragraphs are set forth only for the convenience and
reference of the parties and are not intended in any way to define, limit, or describe the scope
or intent of this Agreement.
(f) Integrations, Severability, Amendment, and Counterparts. This Agreement represents the
entire agreement between the parties and supersedes all prior discussions and written
agreements or understandings. This Agreement may be amended only by an instrument in
writing signed by the parties. If any provision of this Agreement is held invalid or
unenforceable, no other provision shall be affected by such holding, and all of the remaining
provisions of this Agreement shall continue in full force and effect. This Agreement may be
executed in multiple counterparts, each of which shall be deemed an original, and all of which
together constitute one and the same agreement.
(g) No Third Party Beneficiaries; No Waiver of Immunities. Nothing in this Agreement is
intended, nor should it be construed, to create any rights, claims, or benefits or assume any
liability for or on behalf of any third party,or to waive any immunities or limitations conferred
under federal or state law, including but not limited to the Colorado Governmental Immunity
Act, § 24-10-101 et seq., C.R.S.
(h) Waiver of Breach. A waiver by any party to this Agreement of the breach of any term or
provision of this Agreement shall not operate or be construed as a waiver of any subsequent
breach by either party.
(i) Authority of Signers. Each person signing this Agreement on behalf of a party represents and
warrants that he or she has the requisite power and authority to enter into, execute, and deliver
this Agreement on behalf of such party and that this Agreement is a valid and legally binding
obligation of such party enforceable against it in accordance with its terms.
(j) Attorney's Fees and Costs of Collections. In the event that it becomes necessary for the City to
bring any action or proceeding to collect unpaid utilities, damages, janitorial fees, costs, or
other sums due under this Agreement, to enforce any provision of this Agreement, to recover
damages for Manager's breach of this Agreement, or to seek specific performance of this
22
Agreement, the City shall be entitled to collect its reasonable attorneys fees, costs of suit, and
costs of collection as part of the judgment in such action or proceeding.
(k) Relationship. Nothing in this Agreement is intended to, nor shall be deemed to constitute, a
partnership or joint venture between the parties, or to create any agency or partner relationship
between the parties. Neither party shall hold itself out as a partner, joint venture, agent, or
representative of the other under this Agreement.
(1) Assignment. This Agreement shall not be assigned by Manager without the prior written
consent of the City, which consent may be granted, denied, or conditioned in City's sole and
absolute discretion.
(m)Disputes. In the event a dispute arises between Manager and Director with respect to any
provision of this Agreement or the obligations or performance of either the City or Manager
hereunder, the Director or Manager may submit such dispute to the Mayor for resolution and
determination. If such dispute is submitted to the Mayor for resolution, his or her decision
thereon shall be binding upon all parties.
(n) Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Colorado. Venue for any action arising under this Agreement or for the enforcement of this
Agreement shall be in a state court with jurisdiction located in Pueblo County, Colorado.
(o) Certain Provisions Survive Expiration of Term and Termination. The provisions of this
Agreement pertaining to indemnification, releases, covenants not to sue, and liability, shall
survive both the expiration of the term of this Agreement and termination of this Agreement,
and such terms shall continue in effect for a period of five years following the termination of
this Agreement and for such further time as it may take to completely and finally negotiate,
settle, or litigate any claim or suit concerning the same.
(p) No Multi-Fiscal Year Obligation on City. This Agreement is expressly made subject to the
limitations of the Colorado Constitution. Nothing herein shall constitute, nor be deemed to
constitute, the creation of a debt or multi-year fiscal obligation or an obligation of future
appropriations by the City Council of Pueblo, contrary to Article X, §20 of the Colorado
Constitution or any other constitutional, statutory or charter debt limitation. Notwithstanding
any other provision of this Agreement, with respect to any financial obligation of City which
may arise under this Agreement in any fiscal year, in the event the budget or other means of
appropriations for any such year fails to provide funds in sufficient amounts to discharge such
obligation, such failure shall not constitute a default by or breach of this Agreement, including
23
any sub-agreement, attachment, schedule or exhibit thereto, by the City. City may in its sole
and absolute discretion terminate this Agreement for reasons of non-appropriation immediately
upon written notice without causing default or breach.
(q) Prior Agreements Between the Parties. Upon execution of this Agreement, the Pueblo Ice
Arena Rental Agreement dated November 12, 2018 between the City and the Pueblo Bulls
Hockey Club, Inc., as amended by that Amendment No. 1 to the Pueblo Ice Arena Rental
Agreement dated May 14, 2019, shall be terminated and be of no further force and effect.
(r) Electronic Signatures. This Agreement and all other documents contemplated hereunder may
be executed using electronic signatures with delivery via facsimile transmission, by scanning
and transmission of electronic files in Portable Document Format (PDF) or other readily
available file format, or by copy transmitted via email, or by other electronic means and in one
or more counterparts, each of which shall be: (i) an original, and all of which taken together
shall constitute one and the same agreement, (ii) a valid and binding agreement and fully
admissible under state and federal law, and (iii) enforceable in accordance with its terms.
[Remainder of page intentionally left blank.]
24
Executed the day and year first above written.
CITY OF PUEBLO, PUEBLO BULLS HOCKEY CLUB, INC.
A MUNICIPAL CORPORATION A COLORADO CORPORATION
By -7‘,-4 -4-611‘40.440:-/ By
Nicholas A. Gradisar, Mayor Nam �'� � i,
Title 6104Je -- �rsr t r:,ifo
Attest: Attest: C-
City rk Secretary
APPROVED AS TO FORM:
ee7frt:Ai
City Attorney �y
25
SEE EXHIBIT A-2
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16 EQUIPMENT LIST
9
12 j 1. SINGLE DOOR COOLER(115V/60/1,7.6A)
r - 11 11 2. TWO DOOR REACH-IN FREEZER(115/60/1.12.5A)
13 3. OMITTED
_ ( j 4. STAINLESS STEEL TABLE
5. MICROWAVE SHELF(24"x 48")
6. MICROWAVE OVEN(120V/60/1.15A)(2)
7. THREE COMPARTMENT S.S.SINK
8. SHELF/DRYING RACK
CONCESSIONS FLOOR PLAN 9. REACH-IN REFRIGERATOR(115V/60/1,12.5A)
10.CHEESE/CHILI SAUCE DISPENSER
4'=' 11.STAINLESS STEEL TABLE
12.COUNTERTOP HOTDOG ROLLER GRILL(120V/60/1,8.3A)
13. POPCORN MACHINE(120V/60/1,15A)
14.COFFEE MACHINE
15.OMITTED
16.STAINLESS STEEL TABLE(2)
17.OMITED
18.OMITED
19. HAND SINK
20.43 GALLON WATER HEATER
21. MOP SINK
22.WALL MOUNT S.S.HAND SINK rn
X
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EXHIBIT B
ICE ARENA CONTROLLED INVENTORY(as of 06.27.2022)
ASSET DESCRIPTION TAG# LOCATION DATE ACQ QTY UNIT COST
24391 MERCHANDISING RACK 32954 Concessions 01/01/12 1 EA 103.50
24392 MERCHANDISING RACK 32953 Concessions 01/01/12 1 EA 88.67
24407 MICROWAVE OVEN 32939 Concessions 01/01/12 1 EA 234.60
24408 MICROWAVE OVEN 32940 Concessions 01/01/12 1 EA 234.60
24409 PIZZA OVEN 32934 Concessions 01/01/12 1 EA 1,046.02
24421 POPCORN POPPER 32945 Concessions 01/01/12 1 EA 586.85
24447 REFRIGERATOR 32955 Concessions 01/01/12 1 EA 2,483.61
25435 MICROWAVE OVEN 33374 Concessions 02/11/14 1 EA 285.00
25838 COOLER,SINGLE DOOR 25 CUBIC 34300 Concessions 06/17/15 1 EA 1,610.10
NONE STAINLESS STEEL TABLE Concessions 1 EA
NONE STAINLESS STEEL TABLE Concessions 1 EA
NONE STAINLESS STEEL TABLE Concessions 1 EA
NONE STAINLESS STEEL TABLE Concessions 1 EA
NONE PRETZEL WARMER Concessions 1 EA
27475 MICROWAVE, NE-1025F 34893 Concessions 11/27/17 1 EA 307.01
27480 COFFEE BREWER, KEURIG K150P 34897 Concessions 12/07/17 1 EA 379.75
28702 SHELVING 28702 Concessions 02/07/19 1 EA 89.98
28703 SHELVING 28703 Concessions 02/14/19 1 EA 89.98
28757 PIZZA OVEN 41281 Concessions 02/18/19 1 EA 1,294.00
29187 CENTRAL REST PROD,2 wall style Concessions 03/06/20 6 EA 1,887.73
CENTRAL REST PROD,center style Concessions 3 EA
CENTRAL REST PROD,handicap style Concessions 1 EA
29241 MICROWAVE OVEN, 1000 w 41720 Concessions 02/27/20 1 EA 275.00
29256 PRETZEL DISPLAY CASE 41721 Concessions 05/05/20 1 EA 424.00
29584 COMMERCIAL KEURIG, K150P 42785 Concessions 09/25/20 1 EA 348.11
29587 COFFEE URN 42782 Concessions 09/25/20 1 EA 91.99
30078 SHEVLING UNIT 30078 Concessions 10/08/21 1 EA 99.98
18531 GOAL, HOCKEY W/NETS Ice Room 01/01/80 6 EA 400.00
20312 SPEAKER,YORKVILLE Y15023677 Ice Room 01/01/01 1 EA 387.50
20313 SPEAKER,YORKVILLE Y150 23695 Ice Room 01/01/01 1 EA 387.50
23066 TV,WALL MOUNT 30270 Lobby 01/01/09 1 EA 235.00
28479 TELEVISION, HITACHI 32C11 41185 Lobby 11/28/18 1 EA 124.88
28480 TELEVISION, HITACHI 55 41186 Entry 11/28/18 1 EA 299.00
28663 TELEVISION, HITACHI 55 41187 Lobby 11/28/18 2 EA 299.00
18259 CABINET, FILE 4 DRAWER Storage 01/01/73 1 EA 223.44
18333 CABINET, FILE 4 DRAWER LEGAL A1220 Storage 01/01/75 1 EA 140.00
18334 CABINET, FILE 4 DRAWER LEGAL A1221 Storage 01/01/75 1 EA 140.00
18349 DESK,HON HN4701A A1223 Manager Office 01/01/75 1 EA 187.60
19397 CABINET, FILE 2 DRAWER LEGAL 19115 Manager Office 01/01/96 1 EA 267.00
20291 RCA STA 3850/50 W R Manager Office 01/01/01 1 EA 119.99
22357 CHAIR,EXECUTIVE GREY Manager Office 01/01/07 1 EA 99.99
22608 CHAIR, MICROFIBER EXECUTIVE Manager Office 01/01/08 1 EA 99.99
24684 SKATES,SOFTEC ADULT FIGURE SKATES Shop 01/01/13 10 EA 85.55
24685 SKATES,SOFTEC ADULT FIGURE SKATES Shop 01/01/13 16 EA 85.55
24686 SKATES,SOFTEC ADULT FIGURE SKATES Shop 01/01/13 22 EA 85.55
24687 SKATES,SOFTEC ADULT FIGURE SKATES Shop 01/01/13 4 EA 85.55
25660 SKATES,SOFTEC RENTAL YOUTH SIZE 6 Shop 06/02/15 24 EA 74.85
25661 SKATES,SOFTEC RENTAL YOUTH SIZE 5 Shop 06/02/15 18 EA 74.85
26171 SKATES,SOFTEC FIGURE YOUTH RS3651 Shop 10/26/15 8 EA 71.25
26172 SKATES,SOFTEC FIGURE ADULT RS3650 Shop 11/18/15 14 EA 80.75
26185 SKATES,SOFTEC FIGURE CHILD RS3657 Shop 10/26/15 7 EA 66.50
26186 SKATES, MENS HOCKEY RH952 Shop 10/26/15 91 EA 68.40
26187 SKATES, BOYS HOCKEY RH953 Shop 10/26/15 32 EA 63.65
26188 SKATES,SOFTEC FIGURE CHILD RS3657 Shop 11/18/15 18 EA 66.50
26189 ICE SKATES,SOFTEC FIGURE YOUTH RS3651 Shop 11/18/15 97 EA 71.25
26190 ICE SKATES,SOFTEC LEISURE MEN RH2602 Shop 11/18/15 5 EA 68.40
EXHIBIT B
ICE ARENA CONTROLLED INVENTORY(as of 06.27.2022) -CONTINUED
ASSET DESCRIPTION TAG# LOCATION DATE ACQ QTY UNIT COST
29680 SKATE HOLDER/GRINDING WHEELS Shop 10/12/20 1 EA 685.00
18389 GLOBE TICKET ISSUEING UNITS A2291 Ticket Office 01/01/76 2 EA 380.00
19226 SAFE,serial#E441247 Ticket Office 01/01/91 1 EA 188.80
29607 BISSELL POWER STEAMER,2685A 42799 Utility Room 10/23/20 1 EA 104.99
30082 HANDHELD VACUUM,CORDLESS 30082 Utility Room 10/29/21 1 EA 139.99
30083 HANDHELD VACUUM,CORDLESS 30083 Utility Room 10/29/21 1 EA 139.99
19208 BATTERY CHARGER Zamboni Room 01/01/91 1 EA 149.50
27584 BATTERY CHARGER,ZAMBONI W BRACKET 34917 Zamboni Room 11/17/17 1 EA 418.56
20021 SATELLITE FOLLOW SPOT 22535 01/01/00 1 EA 2,476.18
24030 MOTION SENSOR,200 FT DUAL TEC 30961 01/01/11 1 EA 330.00
24586 DISPLAY CASE FOR ICE ARENA 01/01/13 1 EA 1,087.00
27563 CLOCK, PYRAMID 5000 BLACK 34908 12/14/17 1 EA 235.20
GOAL FRAME DOLLY 12/28/21 1 EA 1,035.24
TOOL CHEST,4 DRAWER Shop 04/12/22 1 EA 218.00
ICE MAKER,TABLE-TOP ??? Concessions 07/18/18 1 EA 89.88
BAGGED CHEESE WARMER ??? Concessions 09/19/16 1 EA 394.90
ICE ARENA CAPITAL INVENTORY(as of 06.27.2022)
ASSET DESCRIPTION TAG# LOCATION DATE ACQ QTY UNIT COST
25397 FIBER CABLE SYSTEM Ice 04/15/14 1 EA 20,751.00
17669 FREEZER, REACH IN 32937 Concessions 01/01/12 1 EA 3,151.96
17670 FREEZER, REACH IN 32938 Concessions 01/01/12 1 EA 3,151.96
17328 HDTV VIDEO DISTRIBUTION SYSTEM SYSTEM Ice 01/01/10 1 EA 6,996.00
17334 LIGHTING SYSTEM, LASER 30547 Ice 01/01/10 1 EA 21,888.00
14266 SHARPENER,SCC-1 BLADEMASTER MODEL(822) Shop 01/01/84 1 EA 4,715.00
SKATE SHARPENER Shop 12/14/21 1 EA 949.98
SKATE ADAPTER FOR SKATE SHARPENER Shop 12/14/21 1 EA 99.99
SKATE SHARPENER Shop 11/26/21 1 EA 824.99
EDGE CHECK FOR SKATE SHARPENER Shop 11/26/21 1 EA 239.98
17353 SIGNATURE DASHER BOARD SYSTEM 30548 Ice 01/01/10 1 EA 9,525.00
17160 SOUND SYSTEM AT ICE ARENA SYSTEM Ice 01/01/09 1 EA 16,970.00
AED UNIT WITH CABINET Ice 07/26/19 1 EA 1,579.00
EDGER,ZAMBONI ELECTRIC 336-E 0157 Zamboni Room 1 EA
ICE ARENA EQUIPMENT/VEHICLE INVENTORY(as of 06.27.2022)
ASSET DESCRIPTION TAG# LOCATION DESC
00880 1994 ZAMBONI ICE RESURFACER VIN 4049 225-343 Zamboni Room
01767 2007 ZAMBONI ICE RESURFACER VIN 552-8737 225-344 Zamboni Room
EXHIBIT C
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24-51-1101(2),C.R.S.,salary or other compensation from the employment,engagement,retention or other
use of a person receiving retirement benefits(Retiree)through the Colorado Public Employees Retirement Association(PERA) in
an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform
any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to
employer contributions to PERA by the City of Pueblo. Therefore,as a condition of contracting for services with the City of Pueblo,
this document must be completed,signed and returned to the City of Pueblo:
(a) Are you,or do you employ or engage in anysagacity, including an independent contractor,a PERA Retiree who will
perform any services for the City of Pueblo? Yes , No (Must sign below whether you answer "yes"or "no".)
(b) If you answered"yes"to(a)above,please answer the following question: Are you l)an individual,2)sole proprietor
or partnership, or 3) a business or company owned or operated by a PERA Retiree or an affiliated party? Yes , No .
If you answered"yes"please state which of the above listed entities(1,2,or 3)best describes your business: .
(c) If you answered"yes"to both(a)and(b), please provide the name, address and social security number of each such
PERA Retiree.
Name Name
Address Address
Social Security Number Social Security Number
(If more than two,please attach a supplemental list)
If you answered"yes"to both(a)and(b),you agree to reimburse the City of Pueblo for any employer contribution required
to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee
or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the
City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under
any current or future contract or other arrangement for services between you and the City of Pueblo.
Failure to accurately complete, sign and return this document to the City of Pueblo may result in
your being denied the privilege of doing business with the City of Pueblo.
SignedArty-/-- 0 ,201 Z .
b (0 actsbl° ^N
csE'I,c
By: n x 0),- ua de -
Name:
Title: ( .,e)AJe&..
For purposes of responding to question(b)above,an"affiliated party"includes(1)any person who is the named beneficiary or cobeneficiary
on the PERA account of the PERA Retiree;(2)any person who is a relative of the PERA Retiree by blood or adoption to and including parents,
siblings, half-siblings, children, and grandchildren;(3)any person who is a relative of the PERA Retiree by marriage to and including spouse,
spouse's parents,stepparents,stepchildren,stepsiblings,and spouse's siblings;and(4)any person or entity with whom the PERA Retiree has an
agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's
regular salary or compensation.
- 1 -
EXHIBIT D
• city of
i' li I i" 11E91
Colorado PUEBLO
Skaters and spectators understand and agree to the following when entering facility:
• Skating in a manner that endangers or interferes with other skater's safety or enjoyment is strictly
forbidden.
• Roughness, excessive speeding, skating against the crowd or weaving through other skaters is prohibited.
• Abusive behavior and language will not be tolerated.
• No person is permitted on the ice without skates.
• Children must remain with parents at all times.
• No eating, drinking, or chewing tobacco, is permitted on the ice surface, players benches, penalty boxes,
and the locker rooms.
• No horseplay while on the ice or in the lobby. This includes TAG, chain skating, racing, and intentionally
sliding;throwing snowballs, hats, or any other items; and kicking or digging holes in the ice surface.
• Skaters are not allowed to carry children on the ice.
• Strollers, wheelchairs, and skate aids are allowed on the ice during public skate sessions when used safely
and correctly.
• Guests are not allowed to walk with skates on areas not covered by rubber matting.
• Skaters are not allowed to sit on or climb over dasher boards.
• Hockey sticks and pucks are not allowed on the ice during open skate sessions.
• No one is allowed on the ice while the Zamboni is in operation or before its doors are closed.
• Shooting, passing, stick handling, and use of hockey pucks/balls anywhere other than the ice surface is
strictly forbidden. Pucks/balls will be confiscated by management.
• Skateboards, razor scooters, rollerblades& bicycles are not allowed inside the facility.
• No dogs (except Service Animals) or pets of any kind are permitted in the arena.
• Persons who appear to be under the influence of alcohol or other substances are not permitted in the arena.
• All personal property is the owner's responsibility.
• "Pitch In" and deposit all trash in the receptacles provided.
• Smoking or vaping is not allowed on the premises.
• ALCOHOLIC BEVERAGES ARE STRICTLY PROHIBITED.
Pueblo Ice Arena is not responsible for personal injury
or loss of or damage to personal property.
As the use of an ice-skating rink and all its facilities have an inherent risk,
any participation is totally at the user's own risk.
No responsibility is accepted or undertaken for the well-being of
either the user or their property.
The management reserves the right, at their sole discretion,
to refuse admission or remove from the premises
anyone not abiding by the rules.
100 N.Grand Avenue,Pueblo CO 81003 www.coolicepueblo.com 719-553-2730
Email: puebloparks.us