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CR 91-17 Pavilion Operation Policy And Agreements T Y . \ 0 G '" - ~ -<" c, January 10, 1991 o P K \ 1;-1 Council Report: 9 I-I? PAVILION OPERATION POLICY AND AGREEMENTS Proposed Action. staff recommends adopting the following motion: IIApprove the Leqislative Policy, Rental Aqreements and Attachments for the operation of dry floor events in the Hopkins pavilion." Overview. The completion of the Hopkins Pavilion created a need for the development of policies and agreements. Council Report 90-213 dated October 9, 1990 presented Pavilion operational policies and agreements pertaining the the ice arena phase of the pavilion. The Legislative Policy, Rental Agreement and Attachments for the operation of dry floor events were not presented in report 90-213. sections five and six were reserved in this report for Dry Floor Rental policies and user groups. The summer months, May through September, have been set aside for user groups to reserve the Pavilion for various dry floor events. The . Hopkins Pavilion has been scheduling these requests and the time has come to issue rental agreements so the user groups can schedule their member activities. This report recommends the approval of the Legislative Policy, Dry Floor Rental Agreement and Attachments, so that commitments can be given to user groups. Primary Issues to Consider 0 will the proposed policies and agreements allow effective operation of dry floor events in the Hopkins Pavilion? supportinq Information 0 Detailed Background 0 Analysis of Issues 0 Proposed Legislative Policy #5E Amendment 0 Proposed Agreements and Attachments ~.~ Jay <- . Ray Forestry Superintendent v -----..----. . Detailed Background All operating arenas that schedule dry floor events utilize rental agreements. The Minnesota Ice Arena Managers Association published a manual containing agreements, policies and procedures from arenas state wide. This information, along with suggestions from arena managers in neighboring communities, was used to draft the proposed agreements and policies. By combining language from this agreement the final product is specific to the Hopkins Pavilion needs. The Legislative Policy is a general operation policy that states basic procedures to be used in the Hopkins Pavilion. Analysis of Issues 0 will the proposed policies and agreements allow effective operation of the Hopkins Pavilion for dry floor events? Agreements and policies have already been established for the lee arena events. By combining existing agreements and using input from established arena management, these policies and agreements . are consistent with established policies for ice events and will provide for efficient operation of the Hopkins Pavilion in the summer for dry floor events. . . ADDENDUM TO POLICY #5-E PAVILION OPERATION 5.00 Dry Floor Rental. 5.01 The Pavilion has the capacity to operate dry floor events from May 15 through september 15. Actual opening and closing dates will be dictated by requests for indoor dry floor events. 5.02 During scheduled dry floor events, the building may be open from 8:00 am until 12:00 am. 5.03 On weekdays when there are no dry floor events scheduled the facility will be open Tuesday through Friday, 8:00 am to 2:30 pm. 5.04 The Pavilion will close after the last hour as specified in the rental agreements. 5.05 Dry floor events will normally be scheduled on a one event per calendar day only. This will avoid conflicts in both maintenance and set-up for the user groups. Due to the cost of wages and utilities, requests for late evening hours will be granted only . with approval of the Pavilion Manager. 5.06 Rates for dry floor events will be determined by recommendation from the Pavilion Manager and Park Board and approval by the city council. The current rates are as follows, which are in addition to a $200/event cash damage depositi Residents and/or Resident Non-profit organizations: $300/daYi set-up day or additional days $200/day. Non-Residents and/or Non-Resident, Non-profit Organizations: $400jdaYi set-up day or additional days $250/day. Profit Organiations: $500/daYi set-up day or additional days $300/day. Hopkins Jaycees: $150/day; set-up day or additional days $100/day; for up to five ( 5) separate events. After five separate events rates go to resident non-profit rate schedule. 5.07 All users of dry floor events will be required to have a representative of the user group sign a Pavilion Rental Agreement. 5.08 In the event of a conflict in times requested by various user groups, priority consideration will be given in the following e order; 1) Hopkins Residents, 2) Hopkins Jaycees, 3) Other Resident non-profit organizations 4) Other Non-resident, non- profit organizations 5) Profit organizations or events. ~ 5.09 Organized groups that schedule several events may at the city of Hopkins discretion, be billed for Pavilion rental. All other user groups and individuals will use the Pavilion on a C.O.D. basis. 5.10 Requests for tentative dates will be held up until 30 days prior to the scheduled use date at which time a signed contract and required deposits must be made. If the signed contract or required deposits are not made the management reserves the right to release the date to another party, cancel the engagement, or enter into a binding contract with required deposits made as contractually agreed upon. 6.00 Dry Floor User Groups. 6.01 The Pavilion may be used for dry floor events by user groups that will include, but are not limited to the following groups; the general public, Hopkins Jaycees, Hopkins Community Promotions, Heritage Days, Special Olympics, Raspberry Festival, indoor soccer, non-profit organiations, craft shows, antique shows, home shows, sports shows, building shows, dog shows and concerts. . . . THE HOPKINS PAVILION HOPKINS, MN 55343 OPERATIONAL REGULATIONS FOR HOPKINS PAVILION HOPKINS, MINNESOTA The following regulations are considered as normally prescribed procedure and conduct relevant to the execution of any rental lease agreement and usage of the Hopkins Pavilion. SECTION A - RENTAL PROCEDURE. 1. Rental Agreement - All uses of the Hopkins Pavilion shall be permitted only after proper execution of the formal rental/lease contract or other written Pavilion authorization. 2. The Lessee is required to furnish in writing, any information requested by the Pavilion Management to determine facilities, arrangements and any special services and equipment necessary to the staging and proper management . of any event scheduled. This information is to be attached to the Lessee signed Pavilion Rental Agreement. In the event of an exhibition presentation, drawings shall be furnished to the Pavilion Management as to the exact location of all booths and equipment indicating utility connections and requirements, and must have prior written approval of the Pavilion Manager. 3. Deposit for rental or fees shall be remitted at the time and in the form as prescribed by the Pavilion Manager. If more than one request is received for the same function space on the same date, the Pavilion Manager may require full payment of minimum rental and any and all services and fees in advance and upon demand. All payment shall be non-refundable in the event of cancellation by the Lessee with the time period as prescribed by the Pavilion Manager. 4. Requests for tentative dates will be honored for one (1) week at which time they will be cancelled unless permittee gives notification of his firm intention in a manner acceptable to the permittor. 5. Issued contract documents shall be considered null and void after ten (10) days if not executed per Lessor's requirements. . 6. Information concerning booked dates, promoting organizations, contractual terms and "reserved dates" lS available only to authorized persons. ---- -- -- ---- Pavilion Regulations Page 2 . SECTION B - PAVILION USAGE. 1. All parties using the Pavilion shall be responsible for any and all damage to the buildings, furnishings, fixtures or equipment, sustained from such use, whether caused by the Lessee, or his agents, or his patrons, ordinary wear and tear excepted. No material or equipment shall be attached to any part of the buildings so as to damage the buildings. written approval must be obtained prior to the use of any flammable materials. Users shall be required to make suitable arrangements with the Pavilion Manager for the protection of all city premises involved. 2 . Machinery, flammable liquids, hazardous materials and electricity. No one shall erect any engine, motor or other machinery on the premises or use any gas, electricity, flammable liquid, hazardous materials, or charcoal therein, without prior written approval of the Pavilion Manger. 3 . Signs, posters and literature. The Lessee shall not be allowed to post or permit to be posted any signs upon the premises or permit anything that will lead to injury, mar, . or in any manner deface the premises, and will not permit nails, hooks, adhesive fasteners, tacks, screws, to be installed on any part of the buildings or premises. Signs may only be posted on billboards provided for such use, and all signs, advertisements, show cards and posters must relate to the performance or exhibition to be given on the premises. The hanging of pictures, banners or any other items on walls or draperies requires prior written approval of the Pavilion Manager. The Lessee shall not distribute or circulate or permit to be circulated, any advertising material or programs at the entrance to or on any part of the premises that does not pertain to the immediate attraction, and such material must have prior approval of the Pavilion Manager, and at no time shall any such advertising matter or programs be distributed or circulated on parking facilities or sidewalks adjacent to the facilities without written approval of the Pavilion Manager. 4 . Determination of seating Capacity - Persons will not be permitted inside any of the Hopkins Pavilion facilities or on any part of the premises in excess of established capacities. The system of entry, method of seating and method of production staging, shall be at the discretion of the Pavilion Manager. . Pavilion Regulations Page 3 . 5. Operation of Leased Premises - Each Lessee shall take the premise in the condition he finds them, and in the event any Lessee or user finds it necessary to remove or change the location of any stage, rigging or equipment seating devices or fixed equipment, such changes shall be made at his expense and the Lessee shall agree to change all such equipment, stages and rigging back to the condition in which same was found. No Lessee shall make any such changes or alterations without prior approval of the Pavilion Manager. 6 . objectionable Performances of Persons - Any proposed use of the pavilion which is contrary to public policy or not in the best interest of the city of Hopkins, as determined by the Pavilion Manager, shall be denied and any lease previously consummated may be revoked for such cause and any and all sums paid refunded. Any performer or other persons whose conduct is objectionable, disorderly, or disruptive to the Pavilion use, as determined by the Pavilion Manager, may be refused entrance or shall be ejected from the premises. Any cost or damage or injuries suffered as a result of said actions, and or performance, shall be borne by the Lessee. The Lessee shall hold the city harmless from any claim of such action. . 7. Abandoned Equipment - Any equipment or effects of the Lessee remaining on the leased premises for more than ten (10) days after the expiration as he deems advisable unless prior arrangements have been granted by the Pavilion Manager. 8. Program Intermission - For any program or programs lasting one and one-half hours or more, an intermission of not less than fifteen (15) minutes shall be held, unless prior written approval to the contrary is obtained from the Pavilion Manager. 9. Length of Performances - Performances shall not exceed three (3) hours in length unless prior written approval is granted by the Pavilion Manager. Any performances past twelve midnight shall be considered as functioning during overtime hours and all necessary charges and/or fees relative to overtime usages shall be in effect. Any delays caused by the Lessees, his agent, or contracted performers or their agents, shall not be considered as valid excuse for non- charged extension of performance time limitations. Failure to adhere to normal Pavilion operating procedures, advertised performance stating times and performance length, and technical and patron needs, shall be considered a breach of the formal rental lease agreement and shall be considered a basis for damages as assessed by the Pavilion Manager. . Pavilion Regulations Page 4 . SECTION C - ADVERTISING AND PROMOTION OF EVENTS 1. Advertising - All advertisements of performances and/or attractions for which an admission is to be charged, must state the total admission prices. Lessee shall not advertise any performance or the appearance of any performer, unless and until contracts between all parties involved have been properly executed and exhibited to the pavilion Manager upon demand. Acquisition of a rental lease contract from the Pavilion based on stated proposed appearance by a performer or performers, shall be considered invalid if properly executed contracts between the Lessee and said performer or performers is not presented to the Pavilion Manager upon demand. 2. Copyright Infringement - Any lessee must accept all responsibility for and absolve the City of Hopkins from any liability or expense arising out of use of any composition, work or material covered by copyright. Execution of a rental/lease agreement with the Pavilion shall not constitute a partnership agreement with the City of Hopkins, Minnesota, for the presentation of any material which may be by its nature, or source, become an issue in a later action involving copyright, patent, or authenticity of authorship. . 3. Charity or Benefit Performance - Any Lessees or users are prohibited from employing the term "benefit" or any other such term denoting the contention that all or part of the proceeds of any performance or event will be donated to a charity, non-profit organization, or social service organization unless prior written approval is acquired from the Pavilion Manager. 4. Event Announcement - The public announcement, advertising or promotion of any event, performance or activity at or on the premises of the Pavilion is prohibited until the formal rental agreement has been fully and properly executed. Public announcement of any such event shall be done with with full knowledge and concurrence of the Pavilion Manager. SECTION D - GENERAL RULES AND REGULATIONS 1. Permits and Licenses - The Lessee has the responsibility to obtain any additional permits and licenses required by City ordinance, and shall permit inspection by appropriate departments of the City. 2 . Security and Safety Personnel - The Lessee shall bear the expense of such security and safety personnel as required and approved by the Pavilion Manager. . Pavilion Regulations Page 5 ~ 3. General Use - The Pavilion Manager may deny rental of any facility if, in his/her professional opinion, there would be an excessive or unfair degree of competition as a result of bookings of a similar nature in the same promotional period of time, or if said rental request is not in the best interest of the City of Hopkins, Minnesota. 4. Facility Designation - Use of the name Hopkins Pavilion, or any parts thereof, or its official logo, or identifying letterhead, shall be prohibited except as granted in writing by the Pavilion Manager. Photographic rights for commercial reprint purposes, commercial television reproduction, or commercial motion pictures reproduction, is prohibited except as authorized in writing by the Pavilion Manager. 5. Concession Rights - Operational procedures and regulations regarding novelty, program, and concession sales, and catering facilities and services remain the property of the city of Hopkins or its designated vendor. 6. Restroom facilities - The Hopkins Pavilion has facilities designed to accommodate 2,250 people. Events scheduled which may exceed this number in the opinion of the Pavilion Manager shall be required to provide temporary restroom . facilities. These facilities shall meet generally accepted guidelines for crowds and handicapped accessibility. 7. Possession or consumption of alcoholic beverages - Beer and wine permitted in designated picnic areas by special permit only. Beer in kegs, barrels or bulk tap quantities regulated by the special permit. No glass bottles permitted of any kind. Possession or consumption of alcoholic beverages in parking lots is prohibited. Possession or consumption of any alcoholic beverage is prohibited without exception between 11:00 pm and 5:00 am. SUMMARY Any privilege, right, organization of control or pre-eminence of authority not herewith defined or clearly expressed in the Lease Agreement shall remain in the province of the Hopkins Pavilion and its governing authority, City of Hopkins, Minnesota. . . ~ u1TW [P)L%[Rj ~ [Pt%rnJ~ 'rn1M~~~ ]1'J'1JIT: ~iJ~@ ~ 8J $(JJ][.'U[l~ @[F ~\f1l[tS) 1JThJffilir ~ ~~lIDlTil1t[Q) ~~ 'IT1J{)[ ~10! @!F ITlJ@r?{@~$ ~~. ~oo [ID[IT'~il11:[ID ~~~ll@~~ :fJWa U@ ~a:~;ru@l\j g, fr{l~~S) ~rw @Q)1ID[t - ~~@ 00 U [ID~lT[[ID . ~m lL'lW~ ~18X[C~7 ~~~. ~ ~ [[@[~~ ~~ . -, {L ~[f~lJ@~ @OO (b~~illJfL'j]!rU1l@~ @!F ~@Il1J(c; [IDli;~~ u~ ~[~ @OO ~l\IJ@ [UQf~~ [ID[ttOO ~il[Q) \%tI~ffi ~~[~r[("um u~ LQ[~u@~'iI1.t[ID ~~~fl~ &OO~ @~ [IDW ~w{~J1. ~[lUmr ~[LW. ~: [ID[tL~ u~ ~r~~7 ~ffiHEL~ @OO !ID(U]!ll1{ 'W~ @~lf1J~; ~~ ~ ~~~ ~1?J~mr @l\ffiW. 4J, ~ WQr[(,Jilli~ @~ ~ r:1'l~[ID. ~t _ryJ~a@001 ~C@~@ u~ ~@lI ~@lrU-lflE@. 0. ~~~$$O@~ @ffil ~$l!1j[f(]IPIT11@~ @F ~ ~@I1ll~ ~lli u~ ~lID1rlf1t[QJ Wlf1}f@f!JJTI' ~U11@~ u~ ~~ ~ 00(t~.8XJ U1!:@lID (? .~!!L ~@ ~m 51.~. ~(L@~~~@ ~@Mrn1~ mu~ ~~~IEID ~[iij ['@!ID~n@OO'i1' mID ~:@@ t!\.~.. ~a: ~ mIDlUiOO W1l~ ~lID ~!X{MW01l moo . ~~ffii'IT'@ lmE~ @IlOOO ~lfW ~ ~ .,;;,..",. .- --- Pavilion Regulations Page 6 . HOPKINS PAVILION BUILDING HOLD POLICY Requests for tentative dates will be held up until 30 days prior to the scheduled use date at which time a signed contract and required deposits must be made. If the signed contract or required deposits are not made the management reserves the right to release the date to another party, cancel the engagement, or enter into a binding contract with required deposits made as contractually agreed upon. If a date has been placed on tentative hold and contracts have not been signed, and another party wishes the same date, the party with the tentative hold must exercise his right to the hold by depositing the sum of $150 within seven (7 ) days of oral or written notification. The 30 day written contract requirement prior to the schedule lease date must be adhered to, and the $150 will be applied to such contract. If the 30 day prior use contract requirement is not met the deposit shall not be refundable. Hopkins Pavilion has made a practice of protecting promoters by having an approximate 15 day protection on each side of a . scheduled promotion for similar acts to help assure a successful promotion. In light of this practice the management feels it necessary to invoke the deposit policy outline in paragraph two. . CITY OF HOPKINS . PAVILION RENTAL AGREEMENT This Agreement 1S made this day of , 19 by and between the City of Hopkins, (hereinafter "ci ty") and (hereinafter "Lessee") . The city owns and operates the facility known as the Hopkins Pavilion (hereinafter "Facility") . This Facility 1S located at 1515 Second Street South, Hopkins, Minnesota, 55343. Now, therefore, in consideration of the mutual covenant herein, the parties agree as follows: 1. The current Pavilion rental rate is $ Tax to be added where appropriate. 2 . For schedule of dates and times, please see attachment A. 3. USE OF FACILITY. That Lessee will act in a manner which is in compliance with the published operational regulations of the city for the Hopkins Pavilion including, but not limited to, the following; rental procedure, pavilion usage, advertising and promotion of events, and general rules and regulations. Lessee shall not allow disorderly conduct; shall not utilize the areas . of the building that are deemed outside the scope of the leasej shall require all persons using the premises to obey the instructions of the Pavilion Manager and maintenance employeesj shall not permit smoking in the Facility, shall not permit other conduct or activities inconsistent with the orderly use or management of the Facility. 4 . By signing this agreement, the Lessee acknowledges on behalf of him/herself and the Lessee's organization or group (hereinafter lithe Participants") that use of the Facility carries a risk of personal injury. The Participants RELEASE AND DISCHARGE the city and their agents and employees, from liability for injuries or damages, including any losses CAUSED BY THE NEGLIGENCE OR STRICT LIABILITY of the released parties. The Participants agree not to sue or make a claim against those agencies and agrees to defend, hold harmless and indemnify the city from all claims losses, actions and suits that may be brought as a result of use of the Facility. 5. If Lessee is a formal Non-Profit Organization, it agrees to: a. Provide a certificate of insurance nam1ng the city as an additional insured. b. Provide a copy of the organizations tax exempt certificate. . 6. The Lessee will not assign this agreement or sublet any portion of the agreement. ----..- --.. -.--------- -.----. .-----------.--.----- . Pavilion Rental Agreement Page 2 . 7. 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 Pavilion 1S in usable condition and shall not be liable to Lessee for consequences of any cancellation other than to supply Lessee with substitute date. s. The Lessee hereby agrees to pay the full amount of Pavilion charges within twenty (20) days of billing for the total amount of days used within the billing period. 9. 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. Lessee: Address: Name of Responsible Party: Telephone Number: . Date Signature Date city of Hopkins Also part of this agreement: Attachment(s) : Established 01/03/91 . - I :::. rr. 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