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(hereinafter "Lessee").The City owns and operates the Facility known as the Hopkins Pavilion (hereinafter "Facility"). This Facility is located at 11000 Excelsior Boulevard, Hopkins, Minnesota, 55343. Lessee wishes to use the Facility for indoor turf related activities. In exchange for the mutual agreement below the parties agree as follows:
1. RATES: The current turf rental rate is: $90 per hour (plus tax where applicable). Lessee agrees to pay in full all charges incurred in Lessees scheduled use of the Facility. Refunds will not be made for any unused hours. The terms in this agreement remain valid for all scheduled turf use of the Facility, and shall terminate on the 25th day of April, 2019, unless earlier terminated as hereinafter provided.
2. PAYMENT POLICY: The Hopkins Pavilion will accept payment in the form of cash, credit card, or check. Reservation requests will only be booked after a signed rental agreement and full payment have been received. In cases where only a deposit is asked for to hold a reservation, credit card information is needed. A rental deposit and/or damage deposit may be required and requested at the discretion of Pavilion Staff. Full payment must be paid prior to the date and/or time of the rental or as stated in an invoice or agreement.
3. CANCELLATION POLICY: The Hopkins Pavilion does not refund for contracted hours on the arena floor. Staff will do our best to resell hours at the request of the renter and will provide a refund if a resale is possible. Other refund requests will be given at the discretion of the Pavilion Manager. Hours may be exchanged for other available hours in the schedule.
4. USE OF FACILITY: That Lessee will act in a manner which is in compliance with the published rules and regulations of the City for the premises including, but not limited to, the following. Lessee shall not allow disorderly conduct; shall not utilize the areas of the building that are deemed outside the scope of the lease; shall require all persons using the premises to obey the instructions of the pavilion manager and maintenance employees; shall not permit smoking in Pavilion, shall not permit food and beverages to be taken or thrown onto the ice sheet; shall not permit other conduct or activities inconsistent with the orderly use or management of the Facility.
5. INDEMNIFICATION: Lessee shall defend, indemnify and hold harmless City, its officers, agents and employees from and against all claims, damages, liabilities and expenses including costs and attorney fees arising from bodily injury, death or property damage including its loss of use arising out of or in consequence of Lessee's performance of this Agreement due to the negligent or intentional acts or omissions of said Lessee.
The City shall defend, indemnify and hold harmless Lessee, its officers, agents and employees from and against all claims, damages, liabilities and expenses including costs and attorney fees arising from bodily injury, death or property damage including its loss of use arising out of or in consequence of City's performance of this Agreement due to the negligent or intentional acts/ omissions of said City.
4. SUBLET: The Lessee will not assign this agreement or sublet any portion of the agreement without consent in writing from the City. Assignment or subletting for any amount greater than the per hour rate of this agreement is prohibited.
5. MECHANICAL FAILURE: In the event of mechanical failure of the Facility equipment, the Lessee will be notified by Facility staff as soon as possible. The Facility management shall have the exclusive authority to determine whether the ice sheet is in usable condition and shall not be liable to Lessee for consequences of any cancellation other than to supply Lessee with substitute ice time.
6. FACILITY CLOSURE: The City reserves the right to cancel this agreement for any default in terms hereof; and to re-schedule the dates and times of use of the Facility for just cause.
7. BUILDING REGULATIONS FOR TURF RENTALS:
The locker room, and the restroom facilities are your responsibility after you enter and accept the rooms. An attendant will provide you with a key to lock the room upon requset. Please remember to return the key to the attendant after use is complete.
Your group must be ready to begin at the start of the rental and must be completely off the arena floor when that hour ends.
Anyone involved in a physical confrontation will be suspended from the building.
The Pavilion is a tobacco-free facility and absolutely NO SMOKING OR CHEWING will be allowed in the Pavilion. If you must smoke, you must do so outside of the Pavilion complex. No alcoholic beverages are allowed in the Pavilion.
By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date.
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