Loading...
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