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HomeMy WebLinkAbout1998-247RESOLUTION No. 98 - 247 APPROVAL OF AGREEMENT BETWEEN THE CITY OF STILLWATER AND ALAN MERRICK'S SOCCERACADEMIES, INC. BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the agreement between the City of Stillwater and the Alan Merrick's Soccer Academies for use of the St. Croix Valley Soccer Dome is hereby approved, and the appropriate city staff is authorized to sign said contract. Adopted by the City Council this 22~' day of September, 1998. Jay K mble, Mayor ATTEST: Morli eldon, City Clerk ~i~~ ~ f~ y:~ AGREEMENT FOR USE OF ST. CROIX VALLEY SOCCER DOME The City of Stillwater (the "City") is the owner of the St. Croix Valley Soccer Dome (the "Dome"). City and AIan Merrick's Soccer Academies, Inc. (the "Lessee") wish to enter into an agreement for the use of certain elements of the facilities described in Paragraph 4 below (the "Facilities"). City and Lessee wish to enter into an agreement for the use of certain of the facilities described in Paragraph 4 below (the "Facilities"). NOW, TI-IEREFORE, the parties agree as follows: 1. Term. Beginning on the execution of this Agreement, the City will grant to Lessee the exclusive option to make use of the Facilities during a term beginning October 29`h, 1998, and ending Apri125~', 1999, and a term beginning October 29`'', 1999, and ending Apri130`h, 2000, during the following periods: thirty-one (31) hours each week at the following times: Fridays 5:00 p.m. through 9:00 p.m. Saturdays 7:00 a.m. through 2:00 p.m. 4:00 p.m. through 11:00 p.m. Sundays 7:00 a.m. through 2:00 p.m. 4:00 p.m. through 10:00 p.m. 2. Release. Lessee will release to the City any hours not consumed by leagues, tournaments or training programs in writing, at least seven (7) days prior to their availability date, during the term of this Agreement. If feasible, Lessee agrees to give notice at the earliest time. 3. Option to Cancel. If Lessee has not committed to at least fifty percent (50%) use of option term for the first year by Apri125`ht 1999, or assisted the City in finding suitable buyers for any released time, the City, at its option, will have the right to cancel this Agreement for the term beginning October 29~', 1999, unless Lessee agrees in writing no later than July 1, 1999, to guarantee eighty percent (80%) usage during the term beginning October 29`'', 1999, and ending Apri130~'', 2000. 4. Facilities Provided b~ C~tv. A. City agrees to provide to Lessee, and Lessee agrees to take, during the Term of this Agreement, the following Facilities. B. Exclusive use of the Dome, players' boxes, bleacher area for spectators, score board, public address system, team rooms and lockers without locks provided these facilities are actually installed as part of the field house construction. The City reserves the right to allow public use of the walking track within the Dome provided that the City will have the responsibility to establish necessary controls to prevent interference or conflict between soccer activities and use of the walking track. The City agrees to indemnify and hold harmless Lessee from injury to users of the walking track suffered from any soccer activity. C. In addition, City agrees to provide the following: 1. Utilities. City agrees to furnish, at City's expense, adequate heat, water, electricity and light for ordinary uses only, unavoidable delays excepted. City, in its sole discretion, will determine what is "adequate" for "ordinary uses". 2. Janitorial Services. City agrees to furnish all necessary janitorial services. City, in its sole discretion, will determine what is "necessary". 3. Parkin. City agrees to furnish an adequate parking area for Lessee's use. City, in its sole discretion, will determine what. is an "adequate" area. 5. Purpose of Use. Lessee agrees that the Facilities will be used only for the purpose of soccer practice, training and games. 6. Pa, ments. A. Lessee has made a one thousand and no/100 dollars ($1,000.00) security deposit, receipt of which is hereby acknowledged (the "damage deposit"). The damage deposit will be refunded in full, in part or not at all depending upon the extent of liability incurred by Lessee under Paragraph 7(c), no later than thirty (30) days after the end of the Term of this Agreement. B. Lessee agrees to pay a use fee of one hundred fifty and no/100 dollars ($150.00) per hour payable at the conclusion of each eight (8) week session for total hours used. Payment will be due at the conclusion of each month during each term. C. The City agrees to pay Lessee fifty and no/100 dollars ($50.00) per hour for each hour of actual use under this Agreement as payment for administering and managing the activities described in this Agreement. Payments will be due at the conclusion of each month during each term. 7. Lessee Agrees. A. Observance of Regulations. To take notice of and abide by all rules and regulations which are from time to time adopted by City for the management of the Dome. 2 ,. B. Use During Authorized Hours Only. To not use or enter the Facilities during hours not falling within the Term of this Agreement. C. Removal of Lessee's Personal Property. City reserves the right to remove from the Dome all personal property of Lessee, its members, agents and invitees therein after the expiration of the Term, to store the effects at Lessee's expense, and to sell the personal property a$er the passage of thirty (30) days from the expiration of the Term. D. Default by Lessee. City reserves the right to cancel this Agreement for any default by Lessee in the terms of this Agreement. E. Ci , 's Right to Cancel. In the event of mechanical failure or other unforeseen occurrence that renders the fulfillment of this Agreement by City impossible or impracticable, this Agreement will terminate and Lessee waives any claim for damages or compensation should this Agreement be so terminated. F. Insurance. Lessee agrees to carry General Commercial Liability Insurance naming the St. Croix Valley Soccer Dome as the certificate holder and as additional insured as respect of the operations of the named insured. This policy will have general aggregate Limits of two million and no/100 dollars ($2,000,000.00) and each occurrence at one million and no/100 dollars ($1,000,000.00). Dated: 9 / a ~- / ~ ~ ATTEST: Morl' Weldon, Clerk Dated: g / a Z/ 9 ~ CITY OF STILLWATER ay 1 ~ ayor LESSEE: ' ~ ""t'" 'it~(OP~2l CEC ~S cIOGG~~ ~ x'11 ~Ef ~N, RED r~QJ % ) Allan me