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:
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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.
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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.
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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
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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
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