HomeMy WebLinkAbout7470RESOLUTION NO. 7 4 7 0
A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO,
A MUNICIPAL CORPORATION AND PUEBLO VENOM, INC.
RELATING TO THE RENT OF ICE AT THE PUEBLO ICE ARENA
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1:
The Agreement dated September 26, 1994 between Pueblo, a Municipal
Corporation and Pueblo Venom, 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 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.
i
ATTEST:
Ci ty' Clerk
INTRODUCED: September 26, 1994
BY: SAMUEL CORSENTINO
Councilperson
APPROVED:
r id nt of the Council
T
AGREEMENT
THIS AGREEMENT entered into September 26, 1994 between Pueblo, a
Municipal Corporation (the "City") and Pueblo Venom, 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 the City with
input from Permittee. Such scheduling shall be made taking into consideration
City's existing programs and use of Arena. All schedules shall be fixed and
determined at least (1) one month in advance of actual use. Permittee shall pay
for scheduled ice, time whether or not used by Permittee. Any scheduled ice time
can be changed or cancelled by the City at any time due to conditions of the
Arena activities.
3. Permittee and A.F.H.L. members, including members of Permittee's hockey team
(the "League Members ") using the Arena shall not consume or use any tobacco
products, alcoholic products, or narcotics of any kind, nor use Arena as storage
for any said items.
4. Permittee will pay to City for ice space rental based upon the following fee
structure: $75.00 per hour for prime time (9:00 a.m. to 9:00 p.m.) and $65.00
per hour for non -prime time (9:00 p.m. to 9:00 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 Pueblo Plaza Ice Arena on or before the 15th day of each
month.
5. Upon execution of this Agreement, Permittee will pay to City a $4,000.00 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, damage,
and other amounts owed by Permittee to City under this Agreement.
6. Permittee and each person using the Arena by or through Permittee including
League Members, shall use the Arena in a safe and careful manner and shall
comply with all applicable laws and ordinances and the rules and regulations
prescribed by the City's Director of Parks and Recreation (the "Director ").
7. Permittee and League Members will pay in advance all charges for sharpening of
skates performed at the Arena. Arrangements will be made prior to all
sharpening of skates as to time and date that sharpening can be performed.
8. Permittee shall not use the Arena for any activity which constitutes a nuisance
or interferes with other users of the Arena. Neither Permittee nor any League
Members shall 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. If such damages are done by Permittee or
League Members, payment for such damages will be deducted from security deposit
on a monthly basis. Permittee takes full responsibility of all actions of
League Members.
9. Permittee and League Members will not have use of any tools, machinery, or
equipment, of the City. Locker rooms will be on an assigned basis for League
Members. Permittee and League Members will not be allowed us of Arena lobby
offices or rooms.
10. Permittee may charge reasonable admission fees for Permittee's hockey games.
Admission fees paid at the Arena shall be collected by Permittee's operating
staff. Permittee will pay before delinquent all sales and use taxes imposed
upon the sale of team souvenirs and admission fees. 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 will be installed and removed by
Permittee's operating staff. Permittee may not sell or dispense beverages, food
or foodstuffs at the Arena.
11. Permittee and League Members will limit all phone calls to pay phones in Arena
lobby.
12. Permittee shall not in any of its advertising or promotions represent or imply
that City has sponsored Permittee or its hockey team.
13. Permittee shall provide two (2) licensed security guards from a reputable,
licensed security firm for every league game played at the Arena.
14. This Agreement is for a term of one (1) year from September 1, 1994 to August
31, 1995 and may be sooner terminated as herein provided.
15. Non 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.
16. Permittee shall be solely responsible for its own acts and omissions and those
of its employees, officers, League 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, League Members or employees.
17. At all times during the effective period of this Agreement, Permittee at its own
cost and expense, shall maintain and keep in force and effect with an insurance
company acceptable to City the following insurance:
A) Comprehensive general liability insurance (occurrence 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 (2) two weeks prior to performing any activities in the Arena . All
such policies shall contain a provision that same may not be cancelled or
materially changed without first delivering to City (10) ten days prior written
notice.
18. City shall not be liable or responsible in any manner for any property of
Permittee or its employees or League 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.
19. Permittee will not use the Arena for storage of any equipment, supplies or
properties owned or leased by Permittee or League Members.
20. 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 right.
21. The Permittee will contribute to the physical enhancement of the Arena in a
manner that will be mutually determined by the Director and Permittee.
22. The City Manager is authorized to approve in writing minor modifications to this
Agreement acceptable to Permittee.
23. 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.
24. Permittee may not assign this Agreement in whole or in part.
25. 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 designated, the loss of such designation.
26. Either party may terminate this Agreement, without cause, penalty or damage,
upon thirty (30) days prior written notice given to the other party.
27. 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 Avenue, Pueblo,
Colorado 81005,
B) if to Permittee, Pueblo Venom, 132C West "B" 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.
Executed at Pueblo, Colorado the Day and Year first above written.
(SEAL)
ATTEST:
Clerk
APPROVED AS TO FORM:
City Attorn
(SEAL)
ATTEST:
Secretary
PUEBLO, A MUNICIPAL CORPORATION
BY: ���4e
si ent of the City Council
PUEBLO VENOM, INC. _
President