MEMORANDUM OF UNDERSTANDING

Transcription

1 MEMORANDUM OF UNDERSTANDING THIS AGREEMENT made and entered into this day of December, 2015, by the CITY OF SPEARFISH, a Municipal Corporation, of 625 Fifth Street, Spearfish, SD 57783, hereinafter referred to as City ; the SPEARFISH SCHOOL DISTRICT 40-2, a public corporation of Lawrence County, Spearfish, Lawrence County, South Dakota, hereinafter referred to as District, and the NORTHERN HILLS AMATEUR HOCKEY ASSOCIATION, hereinafter referred to as Association. 1. The District owns a parcel of open lawn lying West of the High School Tennis Courts and adjacent to the paved parking lot located on District real estate located within the north central portion of Lot B except Lots H1 and H2 of Matthew Addition, located in the N 1/2 of NW 1/4 of Section 10, Township 6 north, Range 2 east of the Blacks Hills Meridian, City of Spearfish, Lawrence County, South Dakota (called the Field ). 2. The Association owns and desires to place a 200 foot long by 85 to 100 foot wide (approximate figures) outdoor ice rink (called the Rink ) with boards and glass on the Field for approximately five years, for use by the Association for hockey practice and games. 3. The City and Association also desire to make the Rink available to the general public for recreational free ice skating as an additional City recreational location. 4. The Rink operation and maintenance agreements between the City, the District and the Association are set forth below. 5. The Rink will be operated during winter months. Hours of operation of the Rink after the ice is groomed and available for use and through the end of the winter season shall be limited to 10:00 o clock p.m. All Rink lighting must be turned off by 10:00 o clock p.m. 6. Parking at the Rink will be limited to the established paved parking lot adjacent to the High School. No parking is allowed along Termes Drive or Hillsview Drive. The District will provide snow plowing of the parking lot as part of its usual and customary practice. The plowing or removal of snow to access the Rink and ancillary facilities (warming hut, seating, etc.) shall be the shared responsibility of the City and Association, as they mutually agree. 7. The City or Association, as they mutually agree, will install and maintain lighting for the Rink, and will also provide and maintain one or more of the following: a scoreboard, seating for spectators, warming hut(s) or shed(s), a storage shed for hockey and related 1

2 maintenance equipment, and other ancillary equipment or facilities. The design and installation of any such improvements shall first be approved by the District. 8. The City or Association, as they mutually agree, will pay for all electricity and maintenance costs associated with Rink lighting, scoreboard, warming hut and ancillary uses. 9. The City or Association, as they mutually agree, will provide water to fill the Rink, and will perform and manage the continued grooming of the ice surface. The District will not have any responsibility to maintain any part of the Rink, ancillary equipment or facilities, or to groom the ice surface. 10. The Field is unfenced, and the Association agrees to control use of the Field by its members and spectators. If used by City patrons for ice skating, the City agrees to control use of the Field by its patrons and guests. District Policies (which are available on the District Website) prohibiting smoking, alcoholic beverages, specified drugs, weapons and firearms, together with other prohibited conduct on District property, shall be enforced by the City and Association. Such control may include posting informational and directional signs, which will require the prior approval of the District before installation. 11. The District agrees to provide grounds maintenance and mowing of all areas surrounding the Rink in the summer months. The City and Association, as they mutually agree, will be responsible for any summer maintenance of the Rink and related equipment and facilities. It is an important part of this Agreement that the Rink and all ancillary facilities be properly maintained year-round, and any broken glass, panels or other elements of the Rink or ancillary facilities be promptly repaired or replaced. 12. The City will be responsible to purchase all materials and supplies related to use of the Rink for recreational free ice skating; the Association will be responsible to purchase all materials and supplies related to use of the Rink for hockey practice and games; and, the District will responsible to purchase all materials and supplies related to physical education use of the Rink by the District. 13. The District, City and Association agree to establish a schedule of use prior to each winter season, which will provide the District priority use of the Rink during physical education periods. The City and Association will be primarily responsible to prepare a schedule of use for hockey practice and games and for recreational free ice skating when not used by the District. The Association will be responsible for scheduling all hockey practices and games and 2

3 arrange and pay for coaches and officials as needed. The agreed-to schedules of both recreational free ice skating and hockey practice and games must be submitted to the City Activities Coordinator and Spearfish High School Activities Director prior to start of the winter season. 14. The City, the District, and the Association will designate one person and one alternate to serve as contact persons for purposes of this Agreement, and provide the names and contact information of those individuals to the City Community Activities Coordinator and Spearfish High School Activities Director prior to the start of the winter season. 15. The City, the District, and the Association will meet annually on or around September 1 st of each year to discuss schedules, budgets, insurance policies, and Rink use rules and regulations. 16. It is specifically understood and agreed that this Agreement is binding upon the parties if and only if each year s financial obligations are approved and authorized by the Spearfish City Council and the District. If at any time during the life of this Agreement, the Spearfish City Council or the District fails or refuses to approve or authorize the funds due hereunder for the following fiscal year, then this Agreement shall terminate upon the end of the fiscal year for which funds were approved and authorized. Such termination shall be without penalty to either governmental entity. The Association agrees not to permit the filing of any claims, liens or encumbrances on the Field herein described. 17. The City and/or the District shall not be held liable to the Association for any damage to the Rink or any Association equipment or facilities, or to any other person or persons or entity for any injury, loss or damage to any person or persons or property on the Field as the result of the Association s activities. The Association agrees to carry liability and hazard insurance in an amount satisfactory to the City and/or the District, naming the City, the District, and the Association as insured parties and loss payees as their interests may appear, for all injuries or death of any person(s) or damage to property, and all claims, losses or expenses which may in any way arise out of the operations of the Association whether caused by negligence or otherwise. The Association shall indemnify and save harmless the City and/or the District from all claims, losses or expenses or claims of any sort which may arise out of the operations of the Association, and shall defend on behalf of the City and/or the District, any suit brought against the City and/or the District for any attorney s fees and for all other expenses incurred by the City 3

4 and/or the District in connection with or as a result of any such suit not otherwise paid by insurance. Each party hereby waives any and all rights of recovery against the other, its officers, directors, shareholders, members, agents and employees, occurring on or arising out of the use and occupation of the Field and Rink and related equipment and facilities to the extent such loss or damage is covered by proceeds received from insurance carried by the other party. Because this mutual waiver prevents assignment of any such claim under subrogation to an insurance company, each party agrees to immediately to give its insurance company written notice of the terms of this mutual waiver and to obtain any necessary endorsements to prevent the invalidation of insurance coverage because of this waiver. With regard to the District, SDCL provides: The school board may rent or grant the use of school facilities, motor vehicles or land belonging to the school district for any purposes it considers advisable as a community service for such compensation as it determines. The use may not interfere with school activities. Any person or persons or public body using such school facilities, motor vehicles or land is responsible to the school district for any and all damages that may be caused by reason of the use or occupancy. The school district is not liable for any suit for damage which might arise as the result of such use or occupancy. 18. The term of this Agreement is five (5) winter seasons commencing the 1 st day of January, 2016, and terminating at the end of the winter season in 2020, unless terminated sooner as provided herein. If the City or Association remain in possession of the Field with the written consent of the City and the District after the expiration date, this Agreement will, upon the mutual agreement of the City, the District and the Association, either be converted to a month-tomonth agreement, and each party shall have the right to terminate the Agreement by giving at least sixty (60) days prior written notice to the other party or the Agreement may be renewed for an additional term as agreed by the parties, and in either event, the conditions governing the extended term shall be the same as the initial term. 19. Upon termination of this Agreement, the City and Association, as they mutually agree, shall be responsible to remove the Rink and all ancillary equipment and facilities (except underground wiring) from the Field and to return the Field to its condition immediately prior to this Agreement, reasonable wear and tear excepted. 4

5 20. The Association shall not assign this Agreement or subcontract its activities provided for herein, in whole or in part, without the prior written consent of the District and the City. 21. The laws of the State of South Dakota shall govern this Agreement. 22. If any party violates the terms of this Agreement by failing to comply with the services and obligations described herein, the party alleging a breach shall give a thirty (30) day written notice alleging the breach and provide the other party an opportunity to correct the same within the thirty (30) day period. If the other party fails to correct the violation within such period, the party alleging the breach may elect to terminate this Agreement and/or to seek enforcement of the services and obligations through legal proceedings. Written notice shall be sent to the Superintendent of the District, Mayor or City Manager of the City and President of the Association at their respective addresses, by certified mail, return receipt requested and the thirty (30) days shall being on the date of receipt or date of first refusal, whichever is earlier. CITY OF SPEARFISH SPEARFISH SCHOOL DISTRICT 40-2 By: Mayor By: Board President By: Finance Officer By: Business Manager NORTHERN HILLS AMATEUR HOCKEY ASSOCIATION By: President By: Secretary 5