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HomeMy WebLinkAbout2024-01-22 PRC Packet1wa ter _1 i f, F 6 A I M^. A � E 0� M I N N f 0 l A Stillwater Parks and Recreation Commission meetings are streamed live on the city website and available to view on Channel 16. Public can participate in the meeting by attending in person at City Hall. AGENDA PARKS AND RECREATION COMMISSION January 22, 2024 @ 7 PM I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. November 27, 2023 Parks and Recreation Commission Meeting Minutes IV. OPEN FORUM — the open forum allows the public to address the commission on subjects which are not a part of the meeting. Commission may take action, reply, orgive direction to staff. Please limityour comments to S minutes or less. V. NEW BUSINESS VI. UNFINISHED BUSINESS 2. Replacement Playgrounds for 2024 VII. DISCUSSION ITEMS 3. St. Croix Valley Recreation Center Background 4. Curling Center Update (no packet materials) S. Staff Updates (no packet materials) 6. Commission Member Updates (no packet materials) VIII. ADJOURN Next Meeting: February 26, 2024 at 7 p.m. 216 4th Street N, Stillwater, MN 55082 I� ] Ewa ter 651-430-8800 '' 1 www.stillwatermn.gov moo The Birthplace of Minnesota PARKS AND RECREATION COMMISSION MEETING MINUTES November 27, 2023 REGULAR MEETING 7:00 P.M. Vice Chairman Quie called the meeting to order at 7:00 p.m. Present: Vice Chairman Quie, Commissioners Haveles, Larson, Lehmann, Souter, Yetman Absent: Chairman Macswain and Councilmember Polehna Staff: Parks Superintendent Rogness APPROVAL OF MINUTES Possible approval of minutes of October 23, 2023 meeting Motion by Commissioner Larson, seconded by Commissioner Lehmann, to approve the minutes of the October 23, 2023 meeting. Motion passed 4-0-2 with Commissioners Haveles and Yetman abstaining. OPEN FORUM Shann Finwall, 410 Hickory Street West, spoke in favor of planned improvements at Staples Park. She noted the ballfield gets little use, so it might be a poor use of park space. She suggested adding a recycling can and a trail with native plantings if future budgets allow. NEW BUSINESS Introduction of New Commission Member - Joseph Yetman Commissioner Yetman introduced himself. Updates to 2024 Fee Schedule Mr. Rogness explained that currently, there is no application fee or late fee for standard "events" that take place on public property. "Special events" and "special events with contract" require an application fee of $50 or $100, and both hold a $500 late fee if the application isn't turned in on time. Staff suggests adding an application and late fee to standard "events" as incentive for organizers to submit applications by the deadline, which is 30 days prior to event. Additionally, as the current fee schedule stands, a standard event in Lowell park costs $0 to the organizer, whereas a resident using the Gazebo for a wedding ceremony would pay at minimum $100. Staff would like park reservation fees to apply to standard "events" as well. Motion by Commissioner Larson, seconded by Commissioner Yetman, to recommend that the City Council approve the new proposed fee schedule. All in favor. UNFINISHED BUSINESS Discover Stillwater Photo Sign - Lowell Park Kelly Nygaard, Discover Stillwater, explained the request for a sign permit for a freestanding frame style sign to provide photo opportunities in Lowell Park near the Historic Lift Bridge. Parks and Recreation Commission Meeting November 27, 2023 Students in the Industrial Arts program at Stillwater Area Schools would fabricate the sign. The sign would have the Discover Stillwater logo on the front and a small plaque on the back indicating what hashtags to use to promote tourism. They have alternatively considered a selfie station with U-brackets to hold phones for picture taking. She reviewed design options and noted she has met with City staff to consider locations. Commissioner Lehmann asked if a local artist could be asked to design a selfie station, or if arts students could team with the industrial arts students to create the sign; and Ms. Nygaard replied that could be considered, but they are hoping to get the sign up before the World Snow Sculpting Championship. Commissioners discussed possible locations in Lowell Park. Vice Chairman Quie shared Chairman Macswain's written comments about preferred locations and designs. Commissioner Haveles asked if final approval needs to go through the Heritage Preservation Commission (HPC), and Ms. Nygaard stated that Community Development Director Gladhill had advised her that it does not need to go through the HPC because it is in the park and not affixed to a historical property nor is it a permanent installation. Commissioner Haveles voiced a preference for the design that's a place to set the phone, rather than the frame. It could face multiple directions to get different views. Ms. Nygaard said they are open to either design but started with the frame design to facilitate social media shares, giving an automatic sense of place. Motion by Commissioner Souter, seconded by Commissioner Larson, to recommend the City Council approve the concept of a sign and to direct staff to work with Discover Stillwater and others on the most appropriate location and a suitable design. All in favor. Playground Update Mr. Rogness stated that $150,000 has been budgeted for the replacement of two playground structures in 2024 (Lily Lake and Staples Park), including improvements for accessibility. In addition, the community, as well as staff, would like to move the playground location at Staples Park to the Southwest section of the park. This would provide a more inviting atmosphere, and would be more easily accessible to the children of families working at the Community Garden. Staff would also like to add an ADA compliant swing, as requested by a family who frequents the park. Community feedback on the options for each park has been limited, but consistently supportive of new equipment. St. Croix Recreation will increase prices 5% after December 15, 2023. Staff recommends that the City expedite the approval process. Commissioner Souter asked if Lily Lake improvements will include the addition of a fence along Greeley, and Mr. Rogness said yes. Commissioner Haveles suggested using a zip line design where the user can be buckled in, and adding "Slow - Playground" signs near Staples Park. Commissioner Larson noted lighter colors are better for slides because they don't get as hot. Motion by Commissioner Souter, seconded by Commissioner Larson, to recommend that the City Council approve the playground replacement proposals with consideration for the changes Superintendent Rogness brought forward for accessibility updates and safety features. All in favor. Old Athletic Field Skating Rink Page 2 of 3 Parks and Recreation Commission Meeting November 27, 2023 Mr. Rogness led discussion on expectations for the Old Athletic Field ice-skating rink. Due to the thick sand, staff struggles to establish suitable ice for skating and wastes gallons of water which seeps quickly through the sand. Last season, due to conditions, City staff was unable to establish ice. However, in years when suitable ice is obtained, parks staff has noticed very little to no use of the skating area. Neighbors have provided a lot of feedback that they really want the rink and there are many young children who use it a lot. They are also asking for a basketball court which could provide a better base for the rink. Staff would like the Commission to discuss expectations for the ice-skating rinks. Vice Chairman Quie asked if a tarp could be used as a base, and Mr. Rogness replied the City could lay large sheets of poly left from the flood, that may save a lot of water and a lot of time. Regarding the long term picture for outdoor skating rinks, Commissioner Souter noted the Rec Center has a large rink that could possibly go away with if the curling center moves forward, so she would not like to take away this rink as well. Mr. Rogness noted Chairman Macswain asked about utilization of Lily Lake: last year the City did not get it going but normally the City makes a ramp and uses tractors to blow it free of snow. Depending on weather, that is the plan for this year. DISCUSSION ITEMS Staff Updates Mr. Rogness reviewed what has been done for holiday decorations. He stated that Teddy Bear Park was closed last week due to weather. Pickleball nets will be collected this week. He said Public Works Director Sanders would like to gauge Commissioners' interest in exploring needs for trail connections, for example for future development planning. Commissioners agreed they are interested in discussing this in future meetings. Commission Member Updates Commissioner Haveles pointed out that with trees going dormant, it's even more evident that ash trees are on their way out. He would like to get proactive about changing over some of the trees in the parks to increase the diversity of types of trees. Mr. Rogness said he will ask Natural Resource Technician/Arborist Coyne to come to a meeting to discuss tree replacement. Commissioner Souter asked about the next Commission meeting (December 18), and Commissioners agreed that if there is business, there will be a meeting December 18 but if there is no business to discuss, then the December meeting will be cancelled and Mr. Rogness will let the Commissioners know. For a future meeting, Commissioner Souter requested an update on the Rec Center and Curling Center proposal. ADJOURNMENT Motion by Commissioner Haveles, seconded by Commissioner Yetman, to adjourn. All in favor. The meeting was adjourned at 8:15 p.m. ATTEST: Chad Rogness, Parks Superintendent Paul Quie, Vice Chair Page 3 of 3 ro o ;�J o j � �o z s __ 6 a, City of Stillwater Administration 2024-0102-003 ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT This Management Agreement ("Agreement") is made this 3rd day of January 2024 between the CITY OF STILLWATER, a Minnesota Municipal Corporation (the "City"), and HOME RULE CITY OF THE THIRD CLASS with offices at 216 N. 4th Street, Stillwater, MN 55082, and ST. CROIX CATERERS, INC., a Minnesota Corporation, with offices at 301 S. Second Street, Stillwater, MN 55082 ("St. Croix"). WITNESSETH The City is the owner of the Lily Lake Ice Arena, 1208 Greeley Street S and the St. Croix Valley Recreation Center, 1675 Market Drive, Stillwater, Minnesota, which features two (2) indoor ice rinks, one (1) outdoor ice rink and a multipurpose domed field house (collectively, the "Facilities"). St. Croix is in the business of managing and marketing ice rinks and sports and entertainment facilities. St. Croix has the knowledge and expertise to manage and market the Facilities. NOW, THEREFORE, in consideration of mutual promises and other consideration the parties agree as follows: ARTICLE I OPERATING CONDITIONS Section 1. Term 1.01 Commencing January 1, 2024 and continuing until December 31, 2024, St. Croix will provide the City with the services set forth in this Article. Notwithstanding the foregoing, the City will have a right to terminate this Agreement, for its convenience, upon not less than sixty (60) days prior written notice to St. Croix. In this event the City must pay to St. Croix all amounts owing to St. Croix and accrued through the date of termination, it being understood that the purpose of this termination right is to comply with so-called "safe harbor" guidelines for management contracts under Section 1301(e) of the Tax Reform Act of 1986. Section 2. Responsibilities 2.01 St. Croix's Responsibilities: a. Marketing and Promotion. St. Croix must perform all marketing activities, which will be undertaken to maximize the use of the Facilities by all persons, provide maximum revenue, as defined in Paragraph 2.01(n) below. St. Croix will conduct a promotional campaign for the Facilities in accordance with a plan for promotion, which must be prepared and submitted, to the City for approval within forty-five (45) days after the date of the agreement. b. Scheduling. St. Croix must develop and maintain all schedules for events held at the Facility and scheduling must be accomplished in accordance with a rate schedule and facility use policy established by City policy, applicable law, and in a manner to maximize the use of the Facilities so as to provide maximum revenue, for the City. c. Concessions. St. Croix will provide concession services at the Facilities for the sale, through manual service, vending machines and other methods (collectively, "Concessions"). d. Maintenance. St. Croix must perform all minor maintenance of the Facilities; provided that the responsibilities are limited to ordinary and routine maintenance. e. Custodial and Cleaning Services. St. Croix must provide all routine cleaning and janitorial services at the Facilities. f. Pest Control. St. Croix must perform all necessary pest control services, whether performed by St. Croix or a pest control service engaged by St. Croix. g. Snow Removal. St. Croix must perform all snow removal services on the pathways and sidewalks adjacent to the Facilities. h. Trash Removal. St. Croix is responsible for removal of all trash from the Facilities and agrees that it will not permit any employee, to place refuse outside the buildings on the Facility, except in designated Dumpsters, the location of which must be approved by the city. i. Operational Services. St. Croix will direct all services required to stage (set up and take down) the Facilities for each event including, but not limited to, loading in and loading out the ice rink, dasher boards, the soccer floor and other sports event setups. St. Croix must hire and manage all management staff, ticket sales personnel, ushers and other personnel required for the operation of the Facility, including, but not limited to, ticket taking, program distribution and assistance to patrons general, including the handicapped. Ticket Sales. St. Croix must perform all aspects of ticket sales for events and activities including computerized tickets. Ticket sales services will include ordering, selling and accounting for tickets, reporting ticket revenues for a given event for each user of the Facility, cash and credit card processing, complete auditing and accounting for each event. k. Security. St. Croix must arrange for proper security for events at the Facility and for general security when events are not in progress. The security may be provided by St. Croix or by contract, in its discretion. St. Croix must review exterior crowd management and traffic control with the Stillwater Police. 1. Licenses and Permits. St. Croix must obtain and maintain, on behalf of the City, all licenses and permits necessary for management and operation of the Facilities. m. Separate Fund Established. On or before the effective date of this Agreement, the City will establish separate funds, separate from any other City funds which will be the exclusive use of all receipts and disbursements related to this Agreement ("Sports Facilities Fund"). n. Collection of Revenues. St. Croix will be responsible for the collection of all revenue. "Revenue" is defined as the total amount received by St. Croix or any other person or entity operating on St. Croix's behalf from third parties, directly or indirectly arising out, or the connected with and on behalf of the facility, including without limitation rental fees, use fees, concession sales, transactions for cash, less applicable taxes and except for contributions, interest earnings or other Revenues that may be collected by the City from time to time. All Revenues generated by the use of the Facilities and collected by St. Croix will be deposited by St. Croix in a designated depository within twenty-four (24) hours of receipt. The City will also deposit any Revenues it may collect from time to time related to the Facilities in the appropriate depository. The City is authorized at any time to obtain information and records from St. Croix concerning proof of payment and verify and inspect any records. o. Disbursements. The City will make disbursements from the Sports Facilities Fund to pay budgeted operating expenses. Any authorized expense incurred by the City or by St. Croix must be disbursed by the City from the Fund. St. Croix must use a purchasing system approved by the City and similar to the purchasing system established for other City funds. p. Meetings. St. Croix must, upon ten (10) days written notice, attend meetings held by the City of Stillwater Parks and Recreation Commission for the purpose of providing reports on the operations of the Facilities and/or to discuss issues or problems concerning the operations of the Facilities. Attendance at meetings held by the City Council will also be required, upon ten (10) days written notice, for discussion of issues or problems that may require such meetings. 2.02. City's Responsibilities: a. Operating Hours. Determine the operating hours and rate schedule of the Facilities and its various components in consultation with St. Croix. b. Trash Removal. Haul trash from the site, provided trash is placed in dumpsters provided by the City. c. Snow Removal. Plow snow from parking lot areas to be used by visitors to the Facilities and St. Croix staff. d. Maintenance. Maintain all outdoor areas of the Facilities unless specifically listed as a St. Croix responsibility. e. Marketing. Assist St. Croix when possible in its promotion and marketing efforts. f. Fee Approval. Approve all fees to be charged by St. Croix, including "mark-up" for resale items such as sports equipment and food and beverages. g. Bond Payments. Make all debt service payments in connection with the Tax exempt Revenue Bonds used to construct the project and all related accounting and legal services associated with this bond issuance. It is understood that the debt service payments are to be made from Revenues generated by the Facilities, to the extent available. h. Budget. Approve and/or amend the annual budget and work program as specified in Section 3.01. Section 3. Budget and Revenue Reports 3.01 The City, in consultation with St. Croix, will develop an estimated Revenue and Expense Budget for the period beginning January 1, 2023 and ending December 31, 2023. The budget will be used as a tool for the effective management of the Facilities and for evaluating the results of operations. The City and St. Croix will use their best efforts to ensure the effective management of Revenues and expenses related to the Facilities. 3.02 The proposed budget must be reviewed by St. Croix within thirty (30) days after submission. Upon approval by St. Croix, which approval will not be unreasonably withheld, the proposed annual budget will become the final budget for the period until December 31, 2023. 3.03 St. Croix and the City may revise the Budget at any time by mutual written agreement. 3.04 Within fifteen (15) days after the end of each calendar month and within forty-five (45) days after the end of the Contract Year, St. Croix must deliver to the City a true and correct statement certified as true and correct by an officer of St. Croix, of all Revenues of the preceding calendar month and Contract Year, as the case may be, together with any reasonable supporting documentation requested by the City. 3.05 St. Croix must deliver to the City on a daily basis a copy of the deposit made for that day and a revenue report by type of Revenue, including dollar amount and purchaser that reconciles to the daily deposit. Revenue reports for Saturday and Sunday deposits will be delivered to the City on the next business day. Section 4. The Management Fee, Additional Fees 4.01 St. Croix will be paid a fee equal to five percent (5%) of the gross revenues ("Management Fee"), not to exceed a total fee of thirty-five thousand and no/100 dollars ($35,000.00) for providing management services. The fee will be paid as follows: The fees will be paid at the rate of two thousand nine hundred sixteen and no/100 dollars ($2,916.00) per month thereafter to the end of the Agreement. The final payment will be adjusted, if necessary, so that the total fees do not exceed the lessor of five percent (5%) of the gross revenues or thirty-five thousand and no/100 dollars ($35,000.00). If after the adjustment the fees paid to St. Croix exceed five percent (5%) of the gross revenues or thirty-five thousand and no/100 dollars ($35,000.00), St. Croix must rebate to the City the amount overpaid. St. Croix will pay any rebate due to the City no later than thirty (30) days after the expiration of this Agreement. In the event of underpayment, any amount due to St. Croix will be paid no later than thirty (30) days after the expiration of this agreement. 4.02 The Management Fee is based upon an evaluation of the responsibilities of each party under existing circumstances. In the event of a substantial change in responsibilities based upon changed circumstances, the parties agree to meet and confer with regard to a modification of the Management Fee that is commensurate with the changed responsibilities. Section S. Payment of Management Fees Personal Services & Operating Expenses 5.01 From the Sports Facility Fund, the City will pay the Management Fee on the first business day of each month for the preceding month and will pay the Personal Services Expenses, as defined in attached Exhibit B as developed pursuant to Paragraph 3.01 above, as they are incurred in the ordinary course of business and within twenty (20) days after receipt of a Personal Service Expense invoice from St. Croix. Those portions of the Operating Expenses that will remain the responsibility of the City and will be paid directly by the City are defined on Exhibit C as developed pursuant to Paragraph 3.01 above. 5.02 In the event that the Sports Facility Fund is insufficient to cover the Operating Expenses and the Management Fee due and payable during a month, the Deficiency will be paid by the City. 5.03 Representatives of St. Croix's management and the City must meet not later than the twentieth (20th) day of each calendar month to review revenues and operating expenses for the prior calendar month. ARTICLE II CONCESSIONS Section 6. Operations 6.01 St. Croix will cause the Concessions to be operated and conducted so that all persons who patronize the Facility will always be promptly and satisfactorily served. All foods and beverages sold must always be of the highest standard of quality and purity, must be stored and handled at all times consistent with excellent standards of sanitation, preservation and purity, must always be well prepared and satisfactorily served and must always conform to the requirements of all applicable federal, state and municipal laws, statutes, ordinances and regulation. No imitation, adulterated or misbranded commodities may be stored, displayed or sold by St. Croix or any employees or contractors. 6.02 The City and St. Croix acknowledge that it is not always feasible to operate all the Concessions on a daily basis. Periodically, the City and St. Croix will confer in an effort to agree upon the nature and scope of operation, which is consistent with their respective interests. St. Croix will provide reasonable and adequate service consistent with the activities at the location for each event. 6.03 The City reserves the right to contract with others to provide all or part of the concessions, and before doing so the City will meet and confer with St. Croix with regard to the nature and scope of the contract in an effort to insure that the contract is consistent with their respective interests. Section 7. Capital Improvements Equipment Repair and Maintenance 7.01 It may be desirable to consider additional capital improvements ("Additional Capital Improvements") and the purchase of additional equipment ("Additional Equipment") for the Premises. At any time St. Croix or the City may request a meeting to confer to consider the advisability of any Additional Capital Improvements and Additional Equipment. No purchases of Additional Capital Improvements or Additional Equipment may be undertaken without the prior written agreement of the City. 7.02 St. Croix must maintain and repair the Equipment, the Additional Equipment, and replacements thereof, the Additional Capital Improvements and replacements thereof in accordance with the Budget and all manufacturers' warranty and preventive maintenance requirements, and the cost thereof. 7.03 The City, at its expense and not as an Operating Expense, must replace all Equipment, Additional Equipment, Additional Capital Improvements, and replacements, using prudent business judgment giving due effect to the nature, age, obsolescence and imminent obsolescence of such assets. 7.04 St. Croix will be responsible for the ordinary housekeeping and cleaning of the Facility and the Equipment, Additional Equipment and Additional Capital Improvements. ARTICLE III GENERAL TERMS AND CONDITIONS Section 8. Representation of the City 8.01 The City represents and warrants to St. Croix as an inducement to St. Croix entering into this Agreement, that it is the City's intent that the Facility will be permitted to be open to the paying public in a manner consistent with industry practices. Section 9. Standard of Operation 9.01 St. Croix represents and warrants to the City that it will maintain an efficient and high quality operation at the Facility comparable to other locations containing facilities similar to those of the Facilities. Section 10. Accounting Records. Reports and Practices 10.01 St. Croix must maintain accounting records relating to the Facilities using accounting practices in accordance with generally accepted accounting principles consistently applied. 10.02 St. Croix must establish internal financial control policies and practices which are in accordance with generally accepted standards in the industry and reasonably acceptable to the City. 10.03 The City will have unlimited access to all accounting records and supporting documentation of St. Croix relating to the Facility during the term of this Agreement and for a period of three (3) years thereafter. The right to access will be exercised in a reasonable manner. Section 11. Default. Right to Cure. Consent to Jurisdiction and Waiver of Jury Trial 11.01 It will be an event of default ("Event of Default") hereunder if either party hereto fails to pay or deposit sums due by one party to the other within seven (7) days after written notice by the other of such failure, or a. Fails to perform or comply with any other obligation of such party hereunder within thirty (30) days after written notice by the other of such failure (which notice will specify, in sufficient detail, the specific circumstances so as to give the defaulting party adequate notice and the opportunity to cure the same); provided however, that if the default is of a nature that it cannot be cured within thirty (30) days, then the defaulting party will not be deemed in default hereunder if it commences to cure the default within ten (10) days after the effective date of the notice of such default and diligently process to cure such default within ninety (90) days after the effective date of notice. 11.02 The parties agree that it is in their best interests to resolve any disputes or defaults, and, accordingly, agree, that prior to the exercise of any remedy granted hereunder, at law or in equity, upon an Event of Default, the parties will, in good faith, consider alternative dispute resolution procedures, including, without limitation, arbitration and mediation. The party who wishes to exercise its remedies will notify the other party thereof, which notice will specify the alternative dispute resolution mechanism that the exercising party wishes to employ (the "Exercise Notice"). The parties will attempt in good faith to resolve the default by the alternative dispute resolution mechanism to which they agree, (including, without limitation, the binding nature of any such alternative dispute resolution proceeding); provided however that if no such resolution has been achieved within ninety (90) days after the effective date of the Exercise Notice, the exercising party may proceed to exercise its other remedies, including, without limitation, termination of this Agreement. 11.03 The parties and each of them hereby irrevocably submits to the jurisdiction of Washington County Minnesota District Court over any action or proceeding arising out of or relating to this Agreement any other document evidencing the transaction contemplated by this Agreement. Section 12. Insurance 12.01 In connection with the employment of its employees, St. Croix will pay all applicable social security, re-employment, workers' compensation or other employment taxes or contributions of insurance, and will comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re- employment insurance and worker's compensation. St. Croix will indemnify and hold harmless the City from all costs, expenses, claims or damages resulting from any failure of St. Croix to comply with this Section 12.01. 12.02 The City will procure and maintain a General Comprehensive Liability policy covering operations of the City at the facility and will name St. Croix as an additional insured on this policy with a combined single limit of the City's legal tort liability Limit as set by the Statutes of Minnesota. 12.03 City must procure all Risk Property Insurance for the completed value of the Facility to cover the Facility including St. Croix's use, occupancy and operation of the Facility against the perils of fire and other perils normally covered by an All Risk policy. The City must be named insured on the property insurance. The City and St. Croix agree to waive all rights against each other, and each other's subsidiaries, affiliates, agents and employees, for damages covered by the property insurance. Section 13. Indemnity 13.01 St. Croix agrees to indemnify, hold harmless, protect, and defend City or City's agents, representatives and any affiliated or related entities against any and all claims, loss, liability, damages, costs and expenses, including reasonable attorney's fees, that are alleged to have occurred as a result of or due to the breach of contract, negligence or willful misconduct of St. Croix, its agents, consultants, subcontractors, employees or representative, to the extent that such claim, loss, liability, damage, cost or expense is alleged to have been caused by St. Croix, its agents, consultants, subcontractors, employees or representative. St. Croix hereby waives any claims it may, now or in the future, have against City, which claims are or should have been covered by the insurance specified in this Agreement. By this indemnity, which is not intended to be the procurement of insurance, the City in no way knowingly or intentionally waives its "maximum liability" as specified in Minn. Stat. §466.04. Section 14. Damage to and Destruction of the Location 14.01 If all or part of the Location is rendered untenantable by damage from fire and other casualty which, in the reasonable opinion of the City, a. Can be substantially repaired under applicable laws and governmental regulations within three hundred sixty-five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), the City will forthwith at its own expense repair damage other than damage to its improvements, furniture, chattels or trade fixtures. During the period during which the Facility or any part thereof remains untenantable until the Facility resumes full operation. i. The Management Fee must be reduced accordingly, and St. Croix and the City must jointly decide on an operating budget for the duration of the repair period and jointly determine whether to retain personnel during the repair period, and ii. Subject to applicable law, the term of the Agreement will be extended by the amount of time in which the Facilities are closed to the general public due to the damage. b. Cannot be substantially repaired under applicable laws and governmental regulations with three hundred sixty-five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), then the City must notify St. Croix thereof. In such case, either the City or St. Croix may elect to terminate this Agreement as of the date of the casualty by written notice delivered to the other. Section 15. Employees 15.01 All persons engaged at the Facility in operating any of the services hereunder are the sole and exclusive employees of St. Croix and must be paid by St. Croix. In connection with the employment of its employees, St. Croix will pay all applicable social security, reemployment insurance, workers' compensation or other employment taxes or contributions to insurance plans, and retirement benefits, and must comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re-employment insurance and worker's compensation, and will defend, indemnify and save the City harmless from any responsibility therefore. St. Croix must comply with all applicable laws, ordinances and regulations including, without limitation, those pertaining to human rights and nondiscrimination set forth in Minn. Stat. §181.59, Minn. Stat. Ch. 363 and the Stillwater City Code as the same may be amended from time to time, all of which are incorporated herein by reference. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be canceled or terminated by the City for a violation of this paragraph, in addition to the penalty provisions which may be invoked by the City pursuant to the above cited statutes and ordinances. 15.02 St. Croix will employ trained and neatly dressed employees and the employees must conduct themselves at all times in a proper and respectful manner. Any dismissal must be in accordance with applicable federal, state or local laws which may be in effect, and St. Croix will defend, indemnify and save the City harmless from any claim, cause of action, expense (including attorneys' fees), loss, cost or damage of any kind or nature arising there from, except in the case of express written direction from the City. Section 16. Nonwaiver 16.01 The failure of either party at anytime to enforce a provision of this Agreement will in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the right of the party thereafter to enforce each and every provision hereof. Section 17. Amendment 17.01 The parties may amend this Agreement only by written agreement executed by the parties. Section 18. Choice of Law 18.01 The laws of the State of Minnesota will govern the rights and obligations of the parties under this Agreement. Section 19. Severahility 19.01 Any provision of this Agreement decreed invalid by a court competent jurisdiction will not invalidate the remaining provisions of this Agreement. Section 20. Notices 20.01 Any notice required herein will be in writing and will be deemed effective and received (a) upon personal delivery; (b) five (5) days after deposit in the United States mail, certified mail, return receipt requested, postage prepaid; or (c) one (1) business day after deposit with a national overnight air courier, fees prepaid, to St. Croix or City at the following addresses: If sent to the City: City Administrator City of Stillwater 216 North 4th Street Stillwater, MN 55082 If sent to St. Croix Catering: Richard Anderson St. Croix Catering, Inc. 301 South Second Street Stillwater, MN SS082 20.02 The City's representative to St. Croix in connection with Facility operations will be the City Administrator or a person named by the City and Consultant shall designate the St. Croix On -site Manager. Either party may designate an additional or another representative or address for notices upon giving notice to the other party pursuant to this paragraph. For the purposes of this Agreement, "business day" will mean a day which is not a Saturday, a Sunday or a legal holiday of the United States of America. Section 21. Force Majeure 21.01 Neither party will be obligated to perform hereunder, and neither will be deemed to be in default, if performance is prevented by fire, earthquake, flood, act of God, riot, civil commotion or other matter or condition of like nature, including the unavailability of sufficient fuel or energy to operate the Location, or any law, ordinance, rule, regulation or order of any public or military authority stemming from the existence of economic controls, riot, hostilities, war or governmental law and regulations. 21.02 In the event of a labor dispute which results in a strike, picket or boycott affecting the Facility or the services described in the Agreement, St. Croix will not be deemed to be in default or to have breached any part of this Agreement. 21.03 Notwithstanding any other provision of this Agreement, in the event that the State of Minnesota changes or terminates the statutory authority of the City for building, operating and maintaining the Facilities, and the changes make this Agreement impractical or unlawful to carry out, the City has the right to terminate this Agreement. Section 22. Integration 22.01 This Agreement and all appendices and amendments hereto embody the entire agreement of the parties relating to the services to be provided hereunder. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement will supersede all previous communications, representations, or agreements, either oral or written, between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF STILLWATER Te ski, Mayor Beth Wolf, City Clei ST. CROIX CATERERS, INC. lichlard,604eon, President 1 change.org Petition details Comments , ..,,,,,,,,,,..:,`. ,;,.,...4*' . I* ' it::.--= • is 1, tr: .400 1 \ Nil 1- '''' ''''.. - - ., -„. ,4 , .,--,.. • -...e 1 ., - r --::,, . 'r, s 1 .J • AIM _ 7rat ,!• I .1li 4 ,,..,2„, „.......,,. ..4—**.- -1k241011.r.';,,, ,,,, .-, Widortiaboaliii ___ r d/' 4- a ' ;r ♦ a Revitalize the Old Athletic Field for Enhanced Community Use Started January 16, 2024 c 88 100 Signatures Next Goal 0 87 people signed this week 1 Sign this petition Why this petition matters IC!) Started by Nicole Willenbring I live in the vibrant South Hill neighborhood in Stillwater, MN, surrounded by young families. We often gather at the Old Athletic Field, a place that holds potential to be a hub of community activity. However, it currently lacks the amenities found in other parks within our community. The Old Athletic Field is underutilized and could greatly benefit from improvements such as bathrooms and drinking fountains for children, picnic tables for family gatherings, and a well- maintained athletic court. Upgrading the Old Athletic Field would not only provide better recreational options but also foster stronger community bonds. The National Recreation and Park Association (2018) states that local parks play an essential role in promoting physical health, mental well-being and social interaction among residents. We urge the city officials to prioritize improvements on the Old Athletic Field so it can serve as an inclusive space where all members of our community can gather and enjoy outdoor activities together. Please sign this petition if you believe in creating better spaces for our Stillwater families! Specifically, we would like to see the city work with the school district who owns the property to: 1) pave the current eye-sore sand pit that is full of weeds, turning it into a blacktop with basketball hoops 2) plant more trees for shade 3) provide more picnic tables and benches for seating 4) build a restroom and drinking fountain O O • ••••AEl; •• . Download this QR code to help others easily find and sign the petition. p Report a policy violation 0 87 people signed this week ISign this petition Old Athletic Field Petition Signatures Locals:49 Total Signatures Name City State Postal Code Country Signed On Local Nicole Willenbring Stillwater MN 55082 US 1/17/2024 Yes Drew Chapman Stillwater MN 55082 US 1/17/2024 Yes Angie Mielke Stillwater MN 55082 US 1/17/2024 Yes Shari Mogren Stillwater MN 55082 US 1/17/2024 Yes Mary Holmberg Stillwater MN 55082 US 1/17/2024 Yes Nicole Hutton Stillwater MN 55082 US 1/17/2024 Yes Michelle Lillicrap Stillwater MN 55082 US 1/17/2024 Yes Rose Schuebel Stillwater MN 55082 US 1/17/2024 Yes Carl Holmberg Stillwater MN 55082 US 1/17/2024 Yes Andy Mogren Stillwater MN 55082 US 1/17/2024 Yes Nick Lillicrap Stillwater MN 55082 US 1/17/2024 Yes Will Esch Stillwater MN 55082 US 1/17/2024 Yes Alysha Kneeland Stillwater MN 55082 US 1/17/2024 Yes Dan Palkki Stillwater MN 55082 US 1/17/2024 Yes Leif Gustafson Stillwater MN 55082 US 1/17/2024 Yes Debra Gustafson Stillwater MN 55082 US 1/17/2024 Yes Lauren Achenbach Stillwater MN 55082 US 1/17/2024 Yes Ben Dummer Stillwater MN 55082 US 1/17/2024 Yes Jack Kelly Stillwater MN 55082 US 1/17/2024 Yes Anne Michel Stillwater MN 55082 US 1/17/2024 Yes Chris Hilgers Stillwater MN 55082 US 1/17/2024 Yes Andy Madline Hudson WI 54016 US 1/17/2024 Yes Clare Chapman Stillwater MN 55082 US 1/17/2024 Yes Shannon Weber Stillwater MN 55082 US 1/17/2024 Yes _ MICHAEL Willenbring Stillwater MN 55082 US 1/17/2024 Yes Amelia Gottschalk Stillwater MN 55082 US 1/17/2024 Yes Jake Gottschalk Stillwater MN 55082 US 1/17/2024 Yes Heidi Christenson Stillwater MN 55082 US 1/17/2024 Yes Kim Lund Stillwater MN 55082 US 1/17/2024 Yes Bethany Nelson Stillwater MN 55082 US 1/17/2024 Yes Colin Achenbach Stillwater MN 55082 US 1/17/2024 Yes Jon Mielke Stillwater MN 55082 US 1/17/2024 Yes Tyler Petrich Stillwater MN 55082 US 1/17/2024 Yes Alyson Petrich Stillwater MN 55082 US 1/17/2024 Yes Eric Lund Stillwater MN 55082 US 1/17/2024 Yes Collin Soukup Stillwater MN 55082 US 1/17/2024 Yes Tim Hancock Stillwater MN 55082 US 1/17/2024 Yes Colin Kelly Stillwater MN 55082 US 1/18/2024 Yes Tara Kelly Stillwater MN 55082 US 1/18/2024 Yes Katie Delwiche Stillwater MN 55082 US 1/18/2024 Yes Mary Byrne Stillwater MN 55082 US 1/18/2024 Yes Bowdrie Nelson Stillwater MN 55082 US 1/19/2024 Yes Molly Krakowski Stillwater MN 55082 US 1/19/2024 Yes Abby Welsh Minneapolis MN 55411 US 1/19/2024 Yes Fitzie Heimdahl Stillwater MN 55082 US 1/20/2024 Yes jeff madison Stillwater MN 55082 US 1/20/2024 Yes Monica Rhodes Stillwater MN 55082 US 1/20/2024 Yes Bridget Kuhl Stillwater MN 55082 US 1/20/2024 Yes Virginia Kelly Minneapolis MN 55412 US 1/17/2024 Yes