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RESOLUTION AUTHORIZING A THREE-YEAR AGREEMENT WITH DULUTH AMATEUR HOCKEY ASSOCIATION FOR USE AND OPERATION OF THE CITY’S OUTDOOR HOCKEY FACILITIES AND ADJOINING PROPERTIES FOR NOMINAL CONSIDERATION.
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CITY PROPOSAL:
RESOLVED, that the proper city officials are hereby authorized to enter into a three-year agreement, substantially in the form attached as Exhibit 1, with Duluth Amateur Hockey Association for the use and operation of the city’s outdoor hockey facilities and adjoining property for nominal consideration.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes a three-year agreement with Duluth Amateur Hockey Association (“DAHA”) for the use and operation of the city’s outdoor hockey facilities and adjoining property to provide youth programing for boys and girls ages 3-10 and to create and maintain rinks that are to be used by the general public at no cost. DAHA has used and operated these facilities for many years under previous agreements.
There is no usage fee associated with this agreement. However, DAHA shall be responsible to pay for the following utilities in year three of the agreement: electricity, steam, water, sewer, and gas, except for water and sewage charges related to the flooding of the ice rinks. The City will be responsible to pay for these utilities in years one and two of the agreement and the water and sewage charges related to the flooding of the ice rinks in year three of the agreement. DAHA will be responsible to pay for any additional utilities (e.g. telephone, cable TV, etc.) during the term of the agreement.
DAHA is also responsible to perform cleaning and routine maintenance duties in the facilities to keep them in good order and condition and absorb all costs related thereto, as well as provide those items required for the daily operation of the facilities (e.g. paper products, plastic products, and light bulbs). In its sole discretion, City may: (i) perform necessary major repairs and non-routine maintenance to the structural and mechanical components of the facilities and (ii) assist with snow-removal at the facilities in accordance with the Ice and Snow Control Policy.
The City intends to conduct an energy audit of the facilities used by DAHA, and DAHA shall partner with the City to implement all recommendations in the energy audit that will not cause DAHA to incur out-of-pocket expenses.
Under the terms of the agreement, DAHA will operate its youth hockey program at the various rinks, together with pleasure rinks to be used by the general public. DAHA is responsible for the scheduling, cleaning, and routine maintenance of the rinks and facilities, including daily operation of the buildings and snow and ice removal for the walkways to the ice rinks and related spaces. In addition, DAHA is responsible to flood and maintain all of the hockey rinks subject to the agreement, including the pleasure rinks to be used by the general public. DAHA operates its youth hockey program between November 1 and March 31 of each playing season.
During the COVID-19 pandemic, organized use of City park facilities by nonprofit organizations including DAHA is subject to public health restrictions that may be imposed by federal, state, and/or local government. All such organizations are required to prepare and comply with a City-approved disease prevention plan that is subject to change or revocation based on changing public health conditions.