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HomeMy WebLinkAbout7081RESOLUTION NO. 7081 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO FLAMES, INC. RELATING TO THE RENT OF ICE AT THE PUEBLO ICE ARENA BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: cFrTrnTT 1 _ The Agreement dated February 22, 1993 between Pueblo, a Municipal Corporation and Pueblo Flames, Inc., a Colorado corporation, relating to the rent of ice at the Pueblo Ice Arena, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: February 22, 1993 ATTEST: C y Clerk BY MICHAEL', OCCHIATO Councilperson APPROVED: A- 1 Presid t of the City Council AGREEMENT THIS AGREEMENT entered into February 22, 1993 between Pueblo, a Municipal Corporation (the "City ") and Pueblo Flames, Inc., a Colorado corporation (the "Permittee "), WITNESSETH: WHEREAS, the City owns and operates the Pueblo Ice Arena (the "Arena "), and WHEREAS, Permittee is desirous of renting ice space from the City for use by Permittee's hockey team. NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Permittee agree as follows: 1. City will rent to Permittee and Permittee will lease from City upon the terms and conditions set forth herein, ice space in the Arena to be used solely by members of Permittee's hockey team for practice and hockey games. 2. Ice space and the times of use by Permittee shall be scheduled by City with input from Permittee. Such scheduling shall be made taking into consideration City's existing programs for use of the Arena. All schedules shall be fixed and determined at least one (1) month in advance of actual use. Permittee shall pay for scheduled ice time whether or not used by Permittee. 3. Permittee will pay to City for ice rental based upon the following fee structure: $55.00 per hour for prime time (7:00 a.m. to 8:00 p.m.) and $40.00 per hour for non -prime time (8:00 p.m. to 7:00 a.m.). Permittee will pay rent monthly in an amount equal to the prior month's scheduled ice time. Payments must be received by the City's Finance Office on or before the 15th day of each month. 4. Upon execution of this Agreement, Permittee will pay to City a $2,000.00 deposit as security for Permittee's faithful and timely performance of this Agreement. Within thirty (30) days after termination of this Agreement City will remit the balance of the security deposit to Permittee after deducting all rent and other amounts owed by Permittee to City under this Agreement. 5. Permittee and each person using the Arena by or through Permittee including members of Permittee's hockey team shall use the Arena in a safe and careful manner and shall comply with all applicable State and City laws and ordinances and rules and regulations prescribed by the City's Director of Parks and Recreation (the "Director "). 6. Permittee shall not use the Arena for any activity which constitutes a nuisance or interferes with others' use of the Arena. Permittee shall not do any act or permit any act to be done which will in any way mar, deface, damage or injure any part of the Arena including equipment, facilities or premises whatsoever used hereunder. 7. Permittee is authorized to sell team souvenirs at all hockey games and to place Permittee's sponsors' advertising banners inside and outside the Arena only immediately preceding and during hockey games. All such banners must be approved as to size and location by the Director. Permittee may not sell or dispense beverages, food or foodstuffs at the Arena. 8. Permittee may charge reasonable admission fees for Permittee's hockey games. Admission fees paid at the Arena shall be collected by the Arena staff and remitted to Permittee. All admission fees shall be first approved by the Director. Permittee will pay before delinquent all sales and use taxes imposed upon the sale of team souvenirs and admission fees. 9. Permittee shall not in any of its advertising or promotions represent or imply that City has sponsored Permittee or its hockey team. 10. This Agreement is for a term of one (1) year from May 1, 1993 to April 30, 1994 and may be sooner terminated as herein provided. 11. City may terminate this Agreement upon the occurrence of any one of the following events by written notice to Permittee specifying the event and date of termination: (a) failure of Permittee to perform or comply with any provision of this Agreement on the part of Permittee to perform or comply with. (b) failure of Permittee to be designated as a hockey team sponsor for an American Frontier Hockey League (a division of the National Junior A Program administered by USA Hockey, Inc.) recognized hockey team or, if Permittee is so desiganted, the loss of such designation. 12. Either party may terminate this Agreement, without cause, penalty or damage, upon thirty (30) days prior written notice given to the other party. 13. Notice to either party may be given personally or by first class mail, postage prepaid, (a) if to City, Director of Parks and Recreation, 800 Goodnight, Pueblo, Colorado, 81005. (b) if to Permittee, 803 "J" W. 4th Street, Pueblo, Colorado, 81003. or such other address as either party shall designate in writing. Notice by mail shall be deemed given three (3) days after mailing. -2- 14. None of the provisions of this Agreement are intended to create, nor shall they be deemed or construed to create, any relationship between the parties other than that of independent entities contracting solely for the purpose of effecting the provisions of this Agreement. Neither of the parties nor any of their respective officers, employees or agents shall be or be construed to be the agent, partner, employee or representative of the other. 15. Permittee shall be solely responsible for its own acts and omissions and those of its employees, officers, hockey team members and agents and City shall not be responsible or liable therefor. Permittee hereby agrees to indemnify and hold harmless the City and its officers, agents and employees from any and all claims, demands, lawsuits, settlements, liabilities or costs (including reasonable attorney fees) incurred or arising as a result of the acts or omissions of Permittee or its officers, agents, hockey team members or employees. 16. At all times during the effective period of this Agree- ment, Permittee at its own cost and expense, shall maintain and keep in force and effect with an insurance company acceptable to City the following insurances: (a) Comprehensive general liability insurance (occur- rence basis) in the minimum amounts of $150,000 property damage, $150,000 personal injury per person and $600,000 per occurrence naming the City as additional insured. (b) Workers' compensation insurance required by Colorado law. (c) Excess accidental catastrophic and liability coverage under USA Hockey Insurance Program. Copies or certificates of such insurance policies shall be delivered to City no later than two weeks prior to performing any activities in the Arena. All such policies shall contain a provi- sion that same may not be cancelled or materially changed without first delivering to City ten (10) days' prior written notice. 17. City shall not be liable or responsible in any manner for any property of Permittee or its employees or hockey team members placed or used in or upon the Arena. Permittee does hereby expressly release and discharge City from any loss, injury or damages to such property. 18. The City reserves the right but not the duty, through its representatives, to eject any objectionable person or persons from the Arena and Permittee waives any and all claims for damage against the City, its officers, agents and employees resulting from the exercise of this authority. =19 19. The Permittee will contribute to the physical enhance- ment of the Arena in a manner that will be mutually determined by the Director and Permittee. 20. The City Manager is authorized to approve in writing minor modifications to the Agreement acceptable to Permittee. 21. This Agreement shall be construed in accordance with Colorado law and shall be binding upon and inure to the benefit of the City and Permittee and their respective successors and approved assigns. part. 22. Permittee may not assign this Agreement in whole or in Executed at Pueblo, Colorado the day and year first above written. [S E A L] ATTEST: i- Ci'Yy Clerk APPROVED AS TO FORM: City Attorney [S E A L] ATTEST: Secretary PUEBLO, A MUNICIPAL CORPORATION By Preside of the C ty Council PUEBLO FLAMES, INC. By President TJ 65.36 -4- CITY OF PUEBLO MEMO TO: Gina Dutcher, City Clerk FROM: Rich Zajac, Director of Parks & Recreations �' DATE: February 7, 1996 RE: Pueblo Flames, Inc. Agreement For your records, the Pueblo Flames, Inc., a Colorado corporation, is not associated with or using the Pueblo Plaza Ice Arena. Furthermore, they are not obligated to the City in any manner. Should you have any questions or need any additional information, please feel free to contact our office at your convenience. xc: Jody Lane, Program Specialist c�1 --