Loading...
00-732RESOLUTION Presented By Referred to C. F: .C_rpen Shaot � 0�'7',�� Committee: Date 2 WHEREAS, the Ciry of Saint Paul through its Division of Parks and Recreation provides a variety of special events for youth inciuding youth football programs; and 3 WFIEREAS, the Division of Parks and Recrearion is in need of facilities for its Youth 4 Football program; and 5 WHEREAS, Saint Paul Academy School and Summit School owns land at 1712 6 Randolph Avenue, including restrooms and fieid space; and 7 WHEREAS, Saint Paul Academy and Summit School has given permission to the 8 Division of Parks and Recreation to use the fieid for its Youth Football program from August 9 14 through October 25, 2000 on the condition that the City indemnify and hold the School 10 harmless during the use; and 11 WHEREAS, these events serve a legitimate pubiic purpose by serving the youth of the 12 City; and 13 WHEREAS, the expenditure of pubiic funds, which includes the promise of 14 indemnification and defense, for such a purpose will facilitate and enable it to take place, now 15 therefore, but it 16 17 18 19 20 21 RFSOLVED, that the City Council of the City of Saint Paul on behalf of the City of Saint Paul hereby agrees to defend, iademnify and hold Saint Paul Academy and Summit School harmless from any and all damages it may be required to pay as a result of suits, claims, actions, or judgments arising out of said football practices and games which are attributable to the negligent act or omission by the City of Saint Paul, its employees, agent or contractors. CIN OF SAINT PAUL, MINNESOTA ` I g �� Page 1 of 2 G • F. � # ap -'73� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred to Committee: Date 1 FURTf�R RFSOLVED, that this indemnification dces not include: 1) injuries or 2 damages arising from hidden traps or dangerous conditions of the field itself as to which the 3 School had actual or constructive notice; and 2) damages or injuries arising out of occunences 4 or events which are not part of the field and do not take place on the premises being used as 5 part of the football program. Furthermore, nothing in the foregoing provisions shall be 6 construed as a waiver of the municipal tort liability limits and defenses set forth in Minn.Stat. 7 466.01 et.seq. Yeas Nays Absent Benanav i� BZakey _ � Bostrom_ J � CoZeman J � � Harris_ �� I Lantry ` ;/ Reiter_ � � a Adopted by Council: Date �� q� � Adoption Certified by Council Secretary BY �. \���� _ I-'�.r-� �—�--- Approved by yor: Date: �9'j7'Z� By: • By: ��� Approved by ayor for Submission to Coun By: °,�� Page 2 of 2 Form Approved by City Attorney DEPqlyTM ENT/OFFtCE/COUNqL Parks and Recreation CONTACT PFi[50N /WO PMONE OATE INITATm �-20-00 Vince Gillespie 266-6408 ASyGlJ NUMBER F MU Aa11WG OflDEfl TOiA� t OF SIGNqTVRE PAGES � (C4p qLL �pCAi10N5 fOR SIGNqitq� ACTION REpUE5iE0: GREEN SHEET INITIA4pATE 1 DEPARi},�p.R DIRECTOR 2 crtvnttonraey INI7IAL/DATE NO_ 10_ 1p45 4 cin couwca -----�_ _�RNANpAL 5ERVICES UIR. — 3 MAYOEt (OR A551STpHT7 5 Parks & RecreaUOn Approve resolution holding Saint Paui Academy and Summit School harmless for City use of Saint Paul Academy and Summit's fie(ds. RECOMMENDATIONS: Approve �A� or Rryect (R� __PLANNINGCOMMISSION _C1VIlSERNCECOMMIS510N __CIB COMMIT7EE __ A STAFF __DISTRICT COUNCLL SUPPORTS WHiCN COUNqL OBJECT�VE? �NITIATING PAOBLEM, ISSUE. OPPORTVNITV IWhe, Whec, When, Wixre, Why�; P6t50NAL SBiV�CE CONiitACTS MUST ANSWBI TNE PoLLOW�NG pUESi10N5: 1• Has iNS Obsun/firm wtt worked under a coM�act for this depatm<nt> YES NO 2. Haa ihis pttyoNSrm ever been a citY em0loYee� YES NO 3. Does thia persnrytrtm passeyy a skiN rrn �w�meiH Posswed bY anY �urrem citY emPloYSe7 Y� No Expldn eq Yes auwa� on x0erete aheet erv! ehech {u yea� sheet. The City, Division of Parks and Recreation, provides athletic activities including footbatl. Saint Paul Academy and Summit Schoot has a high quality tield that the School will make available to City for its Youth Football program from August 14 through October 25, 2000 if the City holds the Saint Paul Academy a�d Summit harmless. ADVANTAGES IF APPROVEO� The City wiil be ailowed to use Saint Pau1 Academy and Summit field for the Youth Footbali program. DISADVAryTAGES IF APPROVFA: None OISADVANTAGES IF NOT APpROVED: The City would have to find another field to use. TOTAL AMpUNT Of TRANSqCT10N FUNqNG COSTMEVQlVE BUOGEiEp (qRCLE OkEI ACTINTY Nl1Me6t � NO FINANCIALINFOftMATiON: �EXPWN) Drake ArenalSPA Contract GROVELAND REC CENTER 2045 St Clair Av 5t Paul, IvIN 5510� Page 1 Printed 07-Jul-OQ 1: 22 P.d1 Bo-�32— St Paul Academy and Summit School, a Minnesota coiporation, 1712 Randolph Ave, St Paul, MN, hereinafter called "Izssor", hereby leases to the abo��e group or individual, hereinafier called "Lessee", iu facIIit�• (ies) as hereinaRer specified in detail for the purpose of. 1. Conducting hockey game(s) or practice(s) therein; 2. Recreational skating/figure skating/broomball 3. BaskelbatWolleybatlfSoccerBasebalVSofthalllTennis �. Meetings, Recitals, or other gatherings for the dates and times and for the zental fees specified in the schedule annexed hereto and made a part hereof, upon and subject to the terms and condidons hereinafter specified I. ARENA Lessor agrees to furnish I.essee its Drake Arena, including lighted and heated room in the Arena, the ice surface, and the area surrounding ihe ice surface together �vith: a. Tce resurfacing equipment and operator; b. Locker room(s) without showers; c. Ticket sales/collection area; d. Use of the office and first aid materials in case of emergency; e. Use of reshoonu; f. Use of small scoreboard; g. Use of large scoreboard & sound system (rental fee $20.00 - included in game package); h. In the event Drake Arena is leased for a hockey game or games, the T.essee agees to have a maximum of 15 minnte warm-up and minimum of ten minutes between periods, and to complete any game, including warm-up, wzthin the contracted time, Lessor agreeing that any time esceeding the contracted period shall be paid for at the appropriate rate. 2. ATFII,ETIC FIELDS Soccer, Sofiball, and Baseball fields wili be lined weekly and goomed as necessary. 3. '1'SNNIS COURTS Standard tennis pla}�ng surface «ith nets and perimeter fencing are provided with standard rental ageement. Use of the [ennis hut for tournaments will require an additional fee of $25.00 per day or portion thereof. 4. GYM ANll 07'f�R INDOOR FACII.ITIES Additional cosu may be estended for the use of sound, ligh6ng or other equipment and/or furniture. 5. SPECIAL TERMS AI�'D CONDITIONS It is understop¢: a. Ali of the abPVC spec�ad facilities are the properry of the Lessor and haF�e been wnstmcted or deceloped by the Lessor, a nop-���j} educational institution, for the use of iu school community, but with the recogution of the need by the communiFy af large foi c�ccasional use of such facilities. Drake Arena/SPA PQge 2 Printed 07-.1ul-00, 1:22 P.-LS COtlh'3Ct 6a-�3� b. Lease periods are therefor granted only for such times as Rili not conflict nith or impinge upon priman use of ihese facilities by Lessors school community. c. All fees and charges to Lessees are solely to reimburse Lessor in some part for its costs in connection nzth the operation, maintenancz, and conmuction of said facilities. d Use of all facilities is understood to be at alt times subject to and govemed by the rules of use and good conduct set by� Lessor and L.essor resen�es the right to cancel any lease at any time any Lessee or any members, guests or licensees of any Lessee engage in conduct contrary to such niles or use and condua, Lessors only obligation in such event to relieve I,essee of any obligation to pay rental for unused periods and to refund to Lessee any advance rental paid for such unused periods. 6. INDEMNIFICATION AND INSURANCE a. Lessee agrees to hold hamiless and to indemirify Lessor on account of any and all claims, demands, or causes of action (including all costs and eapenses, ' ' ) whether or not asserted against Lessor on account of any and all injuries, accidents, or losses occurring as a result of I.essee's use of facilities. 7. AMOUNT AND TERMS OF PAYMENT a. l.essee agrees to pay all fces and charges upon presenta6on of invoice by Lessor which reserves the right to present incoice or invoices at the time or Umes it deems appropriate, including the date of execution of the lease. Failure of Lessee to make payment upon presentation of invoice wrill warrant cancellation of tl�e lease or of any remaining times specified in the lease. b. Payment Dae: In Advance (*SEE CUSTOMER SCHEDULE ADDENDUIv� c. Time schedule: '�SEE CUSTOMER SCHEDULE ADDENDLJM d FINANCE CHARGE: If I do not pay charges by the due date, I will pay a finance chazge equal to 1.50% per month(Annual Percentage Rate of 18%). The finance charge is calculated try appiying the monthly periodic rate to my past due 6alance. Lease esecution date: Respectfully S mitted: i Greg Cl Drake Arena Manager 651.696. 3�6/ Fax 651.696.1350 Leased by: Association/Activity: ��`-�•�� �(J�Tf� �7>T�,9LL Name: Signed: RESOLUTION Presented By Referred to C. F: .C_rpen Shaot � 0�'7',�� Committee: Date 2 WHEREAS, the Ciry of Saint Paul through its Division of Parks and Recreation provides a variety of special events for youth inciuding youth football programs; and 3 WFIEREAS, the Division of Parks and Recrearion is in need of facilities for its Youth 4 Football program; and 5 WHEREAS, Saint Paul Academy School and Summit School owns land at 1712 6 Randolph Avenue, including restrooms and fieid space; and 7 WHEREAS, Saint Paul Academy and Summit School has given permission to the 8 Division of Parks and Recreation to use the fieid for its Youth Football program from August 9 14 through October 25, 2000 on the condition that the City indemnify and hold the School 10 harmless during the use; and 11 WHEREAS, these events serve a legitimate pubiic purpose by serving the youth of the 12 City; and 13 WHEREAS, the expenditure of pubiic funds, which includes the promise of 14 indemnification and defense, for such a purpose will facilitate and enable it to take place, now 15 therefore, but it 16 17 18 19 20 21 RFSOLVED, that the City Council of the City of Saint Paul on behalf of the City of Saint Paul hereby agrees to defend, iademnify and hold Saint Paul Academy and Summit School harmless from any and all damages it may be required to pay as a result of suits, claims, actions, or judgments arising out of said football practices and games which are attributable to the negligent act or omission by the City of Saint Paul, its employees, agent or contractors. CIN OF SAINT PAUL, MINNESOTA ` I g �� Page 1 of 2 G • F. � # ap -'73� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred to Committee: Date 1 FURTf�R RFSOLVED, that this indemnification dces not include: 1) injuries or 2 damages arising from hidden traps or dangerous conditions of the field itself as to which the 3 School had actual or constructive notice; and 2) damages or injuries arising out of occunences 4 or events which are not part of the field and do not take place on the premises being used as 5 part of the football program. Furthermore, nothing in the foregoing provisions shall be 6 construed as a waiver of the municipal tort liability limits and defenses set forth in Minn.Stat. 7 466.01 et.seq. Yeas Nays Absent Benanav i� BZakey _ � Bostrom_ J � CoZeman J � � Harris_ �� I Lantry ` ;/ Reiter_ � � a Adopted by Council: Date �� q� � Adoption Certified by Council Secretary BY �. \���� _ I-'�.r-� �—�--- Approved by yor: Date: �9'j7'Z� By: • By: ��� Approved by ayor for Submission to Coun By: °,�� Page 2 of 2 Form Approved by City Attorney DEPqlyTM ENT/OFFtCE/COUNqL Parks and Recreation CONTACT PFi[50N /WO PMONE OATE INITATm �-20-00 Vince Gillespie 266-6408 ASyGlJ NUMBER F MU Aa11WG OflDEfl TOiA� t OF SIGNqTVRE PAGES � (C4p qLL �pCAi10N5 fOR SIGNqitq� ACTION REpUE5iE0: GREEN SHEET INITIA4pATE 1 DEPARi},�p.R DIRECTOR 2 crtvnttonraey INI7IAL/DATE NO_ 10_ 1p45 4 cin couwca -----�_ _�RNANpAL 5ERVICES UIR. — 3 MAYOEt (OR A551STpHT7 5 Parks & RecreaUOn Approve resolution holding Saint Paui Academy and Summit School harmless for City use of Saint Paul Academy and Summit's fie(ds. RECOMMENDATIONS: Approve �A� or Rryect (R� __PLANNINGCOMMISSION _C1VIlSERNCECOMMIS510N __CIB COMMIT7EE __ A STAFF __DISTRICT COUNCLL SUPPORTS WHiCN COUNqL OBJECT�VE? �NITIATING PAOBLEM, ISSUE. OPPORTVNITV IWhe, Whec, When, Wixre, Why�; P6t50NAL SBiV�CE CONiitACTS MUST ANSWBI TNE PoLLOW�NG pUESi10N5: 1• Has iNS Obsun/firm wtt worked under a coM�act for this depatm<nt> YES NO 2. Haa ihis pttyoNSrm ever been a citY em0loYee� YES NO 3. Does thia persnrytrtm passeyy a skiN rrn �w�meiH Posswed bY anY �urrem citY emPloYSe7 Y� No Expldn eq Yes auwa� on x0erete aheet erv! ehech {u yea� sheet. The City, Division of Parks and Recreation, provides athletic activities including footbatl. Saint Paul Academy and Summit Schoot has a high quality tield that the School will make available to City for its Youth Football program from August 14 through October 25, 2000 if the City holds the Saint Paul Academy a�d Summit harmless. ADVANTAGES IF APPROVEO� The City wiil be ailowed to use Saint Pau1 Academy and Summit field for the Youth Footbali program. DISADVAryTAGES IF APPROVFA: None OISADVANTAGES IF NOT APpROVED: The City would have to find another field to use. TOTAL AMpUNT Of TRANSqCT10N FUNqNG COSTMEVQlVE BUOGEiEp (qRCLE OkEI ACTINTY Nl1Me6t � NO FINANCIALINFOftMATiON: �EXPWN) Drake ArenalSPA Contract GROVELAND REC CENTER 2045 St Clair Av 5t Paul, IvIN 5510� Page 1 Printed 07-Jul-OQ 1: 22 P.d1 Bo-�32— St Paul Academy and Summit School, a Minnesota coiporation, 1712 Randolph Ave, St Paul, MN, hereinafter called "Izssor", hereby leases to the abo��e group or individual, hereinafier called "Lessee", iu facIIit�• (ies) as hereinaRer specified in detail for the purpose of. 1. Conducting hockey game(s) or practice(s) therein; 2. Recreational skating/figure skating/broomball 3. BaskelbatWolleybatlfSoccerBasebalVSofthalllTennis �. Meetings, Recitals, or other gatherings for the dates and times and for the zental fees specified in the schedule annexed hereto and made a part hereof, upon and subject to the terms and condidons hereinafter specified I. ARENA Lessor agrees to furnish I.essee its Drake Arena, including lighted and heated room in the Arena, the ice surface, and the area surrounding ihe ice surface together �vith: a. Tce resurfacing equipment and operator; b. Locker room(s) without showers; c. Ticket sales/collection area; d. Use of the office and first aid materials in case of emergency; e. Use of reshoonu; f. Use of small scoreboard; g. Use of large scoreboard & sound system (rental fee $20.00 - included in game package); h. In the event Drake Arena is leased for a hockey game or games, the T.essee agees to have a maximum of 15 minnte warm-up and minimum of ten minutes between periods, and to complete any game, including warm-up, wzthin the contracted time, Lessor agreeing that any time esceeding the contracted period shall be paid for at the appropriate rate. 2. ATFII,ETIC FIELDS Soccer, Sofiball, and Baseball fields wili be lined weekly and goomed as necessary. 3. '1'SNNIS COURTS Standard tennis pla}�ng surface «ith nets and perimeter fencing are provided with standard rental ageement. Use of the [ennis hut for tournaments will require an additional fee of $25.00 per day or portion thereof. 4. GYM ANll 07'f�R INDOOR FACII.ITIES Additional cosu may be estended for the use of sound, ligh6ng or other equipment and/or furniture. 5. SPECIAL TERMS AI�'D CONDITIONS It is understop¢: a. Ali of the abPVC spec�ad facilities are the properry of the Lessor and haF�e been wnstmcted or deceloped by the Lessor, a nop-���j} educational institution, for the use of iu school community, but with the recogution of the need by the communiFy af large foi c�ccasional use of such facilities. Drake Arena/SPA PQge 2 Printed 07-.1ul-00, 1:22 P.-LS COtlh'3Ct 6a-�3� b. Lease periods are therefor granted only for such times as Rili not conflict nith or impinge upon priman use of ihese facilities by Lessors school community. c. All fees and charges to Lessees are solely to reimburse Lessor in some part for its costs in connection nzth the operation, maintenancz, and conmuction of said facilities. d Use of all facilities is understood to be at alt times subject to and govemed by the rules of use and good conduct set by� Lessor and L.essor resen�es the right to cancel any lease at any time any Lessee or any members, guests or licensees of any Lessee engage in conduct contrary to such niles or use and condua, Lessors only obligation in such event to relieve I,essee of any obligation to pay rental for unused periods and to refund to Lessee any advance rental paid for such unused periods. 6. INDEMNIFICATION AND INSURANCE a. Lessee agrees to hold hamiless and to indemirify Lessor on account of any and all claims, demands, or causes of action (including all costs and eapenses, ' ' ) whether or not asserted against Lessor on account of any and all injuries, accidents, or losses occurring as a result of I.essee's use of facilities. 7. AMOUNT AND TERMS OF PAYMENT a. l.essee agrees to pay all fces and charges upon presenta6on of invoice by Lessor which reserves the right to present incoice or invoices at the time or Umes it deems appropriate, including the date of execution of the lease. Failure of Lessee to make payment upon presentation of invoice wrill warrant cancellation of tl�e lease or of any remaining times specified in the lease. b. Payment Dae: In Advance (*SEE CUSTOMER SCHEDULE ADDENDUIv� c. Time schedule: '�SEE CUSTOMER SCHEDULE ADDENDLJM d FINANCE CHARGE: If I do not pay charges by the due date, I will pay a finance chazge equal to 1.50% per month(Annual Percentage Rate of 18%). The finance charge is calculated try appiying the monthly periodic rate to my past due 6alance. Lease esecution date: Respectfully S mitted: i Greg Cl Drake Arena Manager 651.696. 3�6/ Fax 651.696.1350 Leased by: Association/Activity: ��`-�•�� �(J�Tf� �7>T�,9LL Name: Signed: RESOLUTION Presented By Referred to C. F: .C_rpen Shaot � 0�'7',�� Committee: Date 2 WHEREAS, the Ciry of Saint Paul through its Division of Parks and Recreation provides a variety of special events for youth inciuding youth football programs; and 3 WFIEREAS, the Division of Parks and Recrearion is in need of facilities for its Youth 4 Football program; and 5 WHEREAS, Saint Paul Academy School and Summit School owns land at 1712 6 Randolph Avenue, including restrooms and fieid space; and 7 WHEREAS, Saint Paul Academy and Summit School has given permission to the 8 Division of Parks and Recreation to use the fieid for its Youth Football program from August 9 14 through October 25, 2000 on the condition that the City indemnify and hold the School 10 harmless during the use; and 11 WHEREAS, these events serve a legitimate pubiic purpose by serving the youth of the 12 City; and 13 WHEREAS, the expenditure of pubiic funds, which includes the promise of 14 indemnification and defense, for such a purpose will facilitate and enable it to take place, now 15 therefore, but it 16 17 18 19 20 21 RFSOLVED, that the City Council of the City of Saint Paul on behalf of the City of Saint Paul hereby agrees to defend, iademnify and hold Saint Paul Academy and Summit School harmless from any and all damages it may be required to pay as a result of suits, claims, actions, or judgments arising out of said football practices and games which are attributable to the negligent act or omission by the City of Saint Paul, its employees, agent or contractors. CIN OF SAINT PAUL, MINNESOTA ` I g �� Page 1 of 2 G • F. � # ap -'73� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred to Committee: Date 1 FURTf�R RFSOLVED, that this indemnification dces not include: 1) injuries or 2 damages arising from hidden traps or dangerous conditions of the field itself as to which the 3 School had actual or constructive notice; and 2) damages or injuries arising out of occunences 4 or events which are not part of the field and do not take place on the premises being used as 5 part of the football program. Furthermore, nothing in the foregoing provisions shall be 6 construed as a waiver of the municipal tort liability limits and defenses set forth in Minn.Stat. 7 466.01 et.seq. Yeas Nays Absent Benanav i� BZakey _ � Bostrom_ J � CoZeman J � � Harris_ �� I Lantry ` ;/ Reiter_ � � a Adopted by Council: Date �� q� � Adoption Certified by Council Secretary BY �. \���� _ I-'�.r-� �—�--- Approved by yor: Date: �9'j7'Z� By: • By: ��� Approved by ayor for Submission to Coun By: °,�� Page 2 of 2 Form Approved by City Attorney DEPqlyTM ENT/OFFtCE/COUNqL Parks and Recreation CONTACT PFi[50N /WO PMONE OATE INITATm �-20-00 Vince Gillespie 266-6408 ASyGlJ NUMBER F MU Aa11WG OflDEfl TOiA� t OF SIGNqTVRE PAGES � (C4p qLL �pCAi10N5 fOR SIGNqitq� ACTION REpUE5iE0: GREEN SHEET INITIA4pATE 1 DEPARi},�p.R DIRECTOR 2 crtvnttonraey INI7IAL/DATE NO_ 10_ 1p45 4 cin couwca -----�_ _�RNANpAL 5ERVICES UIR. — 3 MAYOEt (OR A551STpHT7 5 Parks & RecreaUOn Approve resolution holding Saint Paui Academy and Summit School harmless for City use of Saint Paul Academy and Summit's fie(ds. RECOMMENDATIONS: Approve �A� or Rryect (R� __PLANNINGCOMMISSION _C1VIlSERNCECOMMIS510N __CIB COMMIT7EE __ A STAFF __DISTRICT COUNCLL SUPPORTS WHiCN COUNqL OBJECT�VE? �NITIATING PAOBLEM, ISSUE. OPPORTVNITV IWhe, Whec, When, Wixre, Why�; P6t50NAL SBiV�CE CONiitACTS MUST ANSWBI TNE PoLLOW�NG pUESi10N5: 1• Has iNS Obsun/firm wtt worked under a coM�act for this depatm<nt> YES NO 2. Haa ihis pttyoNSrm ever been a citY em0loYee� YES NO 3. Does thia persnrytrtm passeyy a skiN rrn �w�meiH Posswed bY anY �urrem citY emPloYSe7 Y� No Expldn eq Yes auwa� on x0erete aheet erv! ehech {u yea� sheet. The City, Division of Parks and Recreation, provides athletic activities including footbatl. Saint Paul Academy and Summit Schoot has a high quality tield that the School will make available to City for its Youth Football program from August 14 through October 25, 2000 if the City holds the Saint Paul Academy a�d Summit harmless. ADVANTAGES IF APPROVEO� The City wiil be ailowed to use Saint Pau1 Academy and Summit field for the Youth Footbali program. DISADVAryTAGES IF APPROVFA: None OISADVANTAGES IF NOT APpROVED: The City would have to find another field to use. TOTAL AMpUNT Of TRANSqCT10N FUNqNG COSTMEVQlVE BUOGEiEp (qRCLE OkEI ACTINTY Nl1Me6t � NO FINANCIALINFOftMATiON: �EXPWN) Drake ArenalSPA Contract GROVELAND REC CENTER 2045 St Clair Av 5t Paul, IvIN 5510� Page 1 Printed 07-Jul-OQ 1: 22 P.d1 Bo-�32— St Paul Academy and Summit School, a Minnesota coiporation, 1712 Randolph Ave, St Paul, MN, hereinafter called "Izssor", hereby leases to the abo��e group or individual, hereinafier called "Lessee", iu facIIit�• (ies) as hereinaRer specified in detail for the purpose of. 1. Conducting hockey game(s) or practice(s) therein; 2. Recreational skating/figure skating/broomball 3. BaskelbatWolleybatlfSoccerBasebalVSofthalllTennis �. Meetings, Recitals, or other gatherings for the dates and times and for the zental fees specified in the schedule annexed hereto and made a part hereof, upon and subject to the terms and condidons hereinafter specified I. ARENA Lessor agrees to furnish I.essee its Drake Arena, including lighted and heated room in the Arena, the ice surface, and the area surrounding ihe ice surface together �vith: a. Tce resurfacing equipment and operator; b. Locker room(s) without showers; c. Ticket sales/collection area; d. Use of the office and first aid materials in case of emergency; e. Use of reshoonu; f. Use of small scoreboard; g. Use of large scoreboard & sound system (rental fee $20.00 - included in game package); h. In the event Drake Arena is leased for a hockey game or games, the T.essee agees to have a maximum of 15 minnte warm-up and minimum of ten minutes between periods, and to complete any game, including warm-up, wzthin the contracted time, Lessor agreeing that any time esceeding the contracted period shall be paid for at the appropriate rate. 2. ATFII,ETIC FIELDS Soccer, Sofiball, and Baseball fields wili be lined weekly and goomed as necessary. 3. '1'SNNIS COURTS Standard tennis pla}�ng surface «ith nets and perimeter fencing are provided with standard rental ageement. Use of the [ennis hut for tournaments will require an additional fee of $25.00 per day or portion thereof. 4. GYM ANll 07'f�R INDOOR FACII.ITIES Additional cosu may be estended for the use of sound, ligh6ng or other equipment and/or furniture. 5. SPECIAL TERMS AI�'D CONDITIONS It is understop¢: a. Ali of the abPVC spec�ad facilities are the properry of the Lessor and haF�e been wnstmcted or deceloped by the Lessor, a nop-���j} educational institution, for the use of iu school community, but with the recogution of the need by the communiFy af large foi c�ccasional use of such facilities. Drake Arena/SPA PQge 2 Printed 07-.1ul-00, 1:22 P.-LS COtlh'3Ct 6a-�3� b. Lease periods are therefor granted only for such times as Rili not conflict nith or impinge upon priman use of ihese facilities by Lessors school community. c. All fees and charges to Lessees are solely to reimburse Lessor in some part for its costs in connection nzth the operation, maintenancz, and conmuction of said facilities. d Use of all facilities is understood to be at alt times subject to and govemed by the rules of use and good conduct set by� Lessor and L.essor resen�es the right to cancel any lease at any time any Lessee or any members, guests or licensees of any Lessee engage in conduct contrary to such niles or use and condua, Lessors only obligation in such event to relieve I,essee of any obligation to pay rental for unused periods and to refund to Lessee any advance rental paid for such unused periods. 6. INDEMNIFICATION AND INSURANCE a. Lessee agrees to hold hamiless and to indemirify Lessor on account of any and all claims, demands, or causes of action (including all costs and eapenses, ' ' ) whether or not asserted against Lessor on account of any and all injuries, accidents, or losses occurring as a result of I.essee's use of facilities. 7. AMOUNT AND TERMS OF PAYMENT a. l.essee agrees to pay all fces and charges upon presenta6on of invoice by Lessor which reserves the right to present incoice or invoices at the time or Umes it deems appropriate, including the date of execution of the lease. Failure of Lessee to make payment upon presentation of invoice wrill warrant cancellation of tl�e lease or of any remaining times specified in the lease. b. Payment Dae: In Advance (*SEE CUSTOMER SCHEDULE ADDENDUIv� c. Time schedule: '�SEE CUSTOMER SCHEDULE ADDENDLJM d FINANCE CHARGE: If I do not pay charges by the due date, I will pay a finance chazge equal to 1.50% per month(Annual Percentage Rate of 18%). The finance charge is calculated try appiying the monthly periodic rate to my past due 6alance. Lease esecution date: Respectfully S mitted: i Greg Cl Drake Arena Manager 651.696. 3�6/ Fax 651.696.1350 Leased by: Association/Activity: ��`-�•�� �(J�Tf� �7>T�,9LL Name: Signed: