HomeMy WebLinkAbout1993-09-27 93-450 ORDERCOUNCIL ACTION 93-450
Item No. _
Date September 27. 1993
Item/Subject: Authorizing Execution of Facility Maintenance and
Management Agreement -- Bangor Youth Hockey Association
Responsible Department: Legal
Arrangements are currently being made for the Parks E Recreation
Department to manage and maintain Sawyer Arena as leased by Bangor
Youth Hockey Association (BYRA). The Parka b Recreation Department
shall be responsible for staffing when the facilities are being
used, including the scheduling of ice time, operating concessions,
and setting fees and rentals charged for the use of the arena. In
return, the BYRA will pay a Management fee to the City. The
initial Cara of this Agreement will run from October 1, 1993 to
September 30, 1994. A copy of the draft Agreement is attached.
The attached Council Order would permit changes In the executed
version of the Agreement, to include any final revisions negotiated
between the Director of
ofe Parks a Recreation and BYRA.
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Finance Director
Legal Approval:
City S011C1tOY
A Passage
First Reading
Referral Page 1 of 8
Assigned to Councilor Soucy seetembec n, 1993
CITY OF BANGOR
(TITLL) (PrUrf ........Authorizing -Execution -of -Facility Maintenance -and
Management Agreement-- Bangor Youth Hockey Association
Bq Ge CitF G'oundl o(W CMY NBn*Pe•:
THAT
the City Manager is hereby authorized and directed,
on behalf of the City of Bangor, to execute a Facility_ Maintenance
and Management Agreement with the Bangor Youth Hockey Association
for certain maintenance and management functions at Sawyer Arena.
The Agreement shall be in a form approved by the Parke & Recreation
Director and the City Solicitor. Upon execution, a copy of the
Agreement shall be filed in the City Clerk's office.
IN CITY COONCIL
September 27, 1993
pas e
Ulp CLERK
93-450
ORDER
Title,
Auefiorizi.f exec�tlon oP Pac illcy, jWpcemance
and Management Agreement - Bangor Yoath
Mocker Bssoclatlon....................
Amagned to
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FACILITY MAINTENANCE AND
MANAGEMENT AGREEMENT
THIS AGREEMENT, executed in duplicate, this _ day of
September, 1993, by and between:
The CITY OF BANGOR, a body politic and corporate,
duly organized and existing under and by virtue
of the laws of the State of Raine and located in
Bangor, Penobscot County, Maine (hereinafter "the
CITY"); and
BANGOR YOUTH HOCKEY ASSOCIATION, a non-profit
corporation duly organised and existing under
and by virtue of the laws of the State of Maine
and having its principal place of business in
Bangor, Penobscot County, Maine (hereinafter
"BYRA");
N I T N E$ N E T H:
WHEREAS, BYHA is the leasee of certain facilities located
at the CITY's Fairmount Terrace Park, so-called, also known as
Hayford Park, under terms of a certain Lease between the parties
hereto dated April 1, 1991, as amended, said facilities consisting
of an ice hockey arena and related Improvements and appurtenances
thereto as described in said Lease (hereinafter "Sawyer Arena" or
'the facilities"); and
WHEREAS, BYHA wishes to have the CITY, through its Parks
and Recreation Department, perform certain management and
maintenance functions at Sawyer Arena and the CITY is agreeable to
perform the same;
NOW, THEREFORE, in consideration of the above recitals and
of the reciprocal obligations and responsibilities herein
undertaken, the parties hereby mutually agree asfollows :
ARTICLE I
MAINTENANCE AND MANAGEMENT OF SAWYER ARENA
The parties hereby mutually agree that, commencing October
1, 1993 and for a one-year term thereafter, the CITY, through its
Parks and Recreation Department, shall manage and maintain Sawyer
Arena as leased facilities of BYRA. The CITY's management of the
facilities under this Agreement shall include the responsibility to
provide appropriate levels of staffing when the facilities are i
use; to schedule and allocate ice time; to set all fees and rentals
to be charged for use of the facilities; to control public access
to the facilities; to operate concessions; and to do every other
thing consistent with management of the facilities as an ice
skating arena. In scheduling ice time, BYBA shall be given a
preference. In setting fees and rentals for use of Sawyer Arena
the CITY, through its Director of Parks and Recreation, shall
consult with the governing body of BYHA and may set a preferential
rate or rates for use of Sawyer Arena by BYBA and its affiliate
clubs, members and teams. The CITY's maintenance of the facilities
under this Agreement shall include all regular or ordinary
maintenance; replacement of glass and lighting as may be required
due to breakage, vandalism or loss; snow plowing, sanding and
salting of parking areae, access roads and pedestrian walkways
designated in the parties' Lease hereinabove referred to;
maintenance of the ice skating surface during the winter ice
season; maintenance and repair of all equipment used to service the
ice skating surface or to service the facilities; cleanup and
disposal of trash and debris generated by use of the facilities;
and all other things of a routine or ordinary nature. The CITY'S
maintenance of the facilities under this Agreement shall not
include responsibility for any item of capital maintenance, capital
repair, or capital improvement to the facilities.
ARTICLE II
MANAGEMENT FEE, EXPENSES
In consideration of the CITY's management and maintenance
of Sawyer Arena, BYMA shall pay to the CITY as a management fee the
a= of Five Thousand Dollars ($5,000.00). Said amount shall
constitute full compensation for the CITY's personnel and overhead
coats incurred in its management of the facilities through
September 30, 1994, but shall not be deemed to include any other
item of cost or expense associated with management or maintenance
of the facilities. In addition to the management fee, BY shall'
be responsible for every item of expense, except personnel costa
and overhead, incurred by the CITY in the CITY's management and
maintenance of the facilities. Such items of expense shall
include, without limitation, the cost of all utilities used at the
facilities, including electricity, water and sewer charges; gas and
heater rentals, oil and other fuel consumed; gasoline, used i
operating the facilities' maintenance vehicles; telephone charges;
the cost of consumable supplies and equipment; printing; liability
insurance; the coat of any outside services necessarily incurred
for vehicle maintenance, equipment repairs or otherwise; and any
miscellaneous expense. The CITY, through its Director of Parks and
Recreation or designee, shall meet with BYRA prior to October 1,
1993 for the purpose of establishing a projected budget for all
such operating expenses, and the CITY, in its management and
maintenance of the facilities, shall not exceed the total budgeted
amount without prior approval of the President of BYBA unless
required to do so by emergency unforeseen circumstances.
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To the extent not paid directly or reimbursed to the CITY
by BYEA, all amounts payable by BYHA for management fees and
operating expenses under this Agreement, and for facility rental
provided in Article IV of the parties' Lease dated April 1, 1991,
as amended,. shall be paid out of the facilities' operating revenue
as provided in Article III below.
COLLECTION. CONTROL AND DISBURSEMENT OF FUNDS
The CITY, through its Parks and Recreation Department,
shall collect all fees, rentals and other revenues generated by use
r operation of the facilities. Such revenues shall be applied and
disbursed by the CITY to meet facility expenses, in the following
order of priority:
(1) Payment of operating expenses chargeable to
BYNA under Article II above; if not previously
paid by BYHA;
(2) Payment to the CITY of the m nagement fee
provided in Article II above, if not previously
paid by BYHA;
(3) Payment to the CITY of rental amounts required
under Article IV of the parties' lease dated
April 1, 1991, as amended, if not previously
paid by BYHA.
All funds collected by the CITY under this Agreement not required
to pay facility expenses listed above shall be maintained in a CITY
addiunt subject to a final accounting between the parties. In
tion, BYHA shall be entitled during the term of this Agreement
to a regular accounting of all collections and disbursements made
by the CITY under this Article. Such accounting shall be rendered
on a monthly basis.
After September 30, 1994 and annually thereafter if
renewed, the CITY shall render a final accounting of all funds
collected for use of the facilities and of all funds disbursed for
expenses incurred during the preceding Agreement year. At such
time, any surplus amounts remaining after payment of the
facilities' operating expenses, management fees, and rental as
provided above shall be divided and distributed equally to the CITY
and BYHA. The CITY and BYHA shall deposit their respective 508
shares of such funds into separate capital reserve accounts to be
administered and expended by each for future capital repair,
capital replacement and capital improvement of Sawyer Arena.
Provided, however, that in the event revenues generated by use or
operation of the facilities during the initial term or any renewal
term of this Agreement shall be insufficient to pay the facilities'
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operating expenses, management fees and rentals for that term as
provided above, the CITY shall have the right to apply, and to
require application of, the unexpended balances on deposit in the
respective capital reserve accounts to make up the deficiency
concerned.
ARTICLE IV
AGENCY RELATIONSHIP: INBENNITY: INSURANCE
It is understood and agreed that for purposes of managing
and maintaining the facilities as provided herein, the CITY and its
employees shall be deemed to be agents of BYHA; and that BYBA shall
be and remain primarily responsible to investigate, answer, defend
and satisfy any and all claims, complaints, suits or judgments,
respectively, arising out of operation of Sawyer Arena.
Accordingly, for this purpose, BYHA agrees that it shall at all
times maintain in force all insurance required under Article III of
the parties' Lease dated April 1, 1991, as amended, herelmabove
referred to. BYHA further expressly agrees that it shall defend,
indemnify and hold harmless the CITY and any and all of the CITY•s
employees engaged in management or maintenance of the facilities
under this Agreement, from any and all claims, liability, damage,
expense, cause of action, suite or judgments, by or on behalf of
any person or persons, firm or firms, corporation or corporations
rising in any manner out of performance or non-performance of this
Agreement. The CITY agrees that during the term of this Agreement,
it shall maintain in force workers' compensation insurance or
self-insurance of the kind and amounts required by law, to cover
all of the CITY's employees engaged in managing or maintaining the
facilities under the provisions of this Agreement. The CITY shall
also, during the term of this Agreement, maintain in force such
fire, hazard and casualty insurance as shall be adequate, in the
CITY'ssole opinion, to protect the parties in the event of loss of
or damage to the facilities due to fire or other casualty.
ARTICLE V
TBRH ANO RENEWAL
This Agreement shall become effective upon execution, and,
with respect to the management and maintenance activities to be
performed hereunder, shall be deemed to be in force for a one-year
term commencing October 1, 1993. Thin Agreement may be renewed for
consecutive annual terms commencing October 1st of each calendar
year, subject to agreement of the parties concerning the annual
management fee to be paid to the CITY under Article II above. This
Agreement shall terminate if the parties shall fail to agree to the
amount of the management fee to be paid for any renewal term prior
to commencement thereof, or upon written notice given by either
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93-450
party given at least thirty (30) days prior to September 30th of
any calendar year. All such terminations shall be deemed effective
on October 1st of the calendar year concerned.
ARTICLE VI
NOTICES
Notices to the CITY provided for in this Agreement shall be
sufficient if sent by registered or certified mail, return receipt
requested, postage prepaid, to: City of Bangor, City Nall, 73
Harlow Street, Bangor, Maine, 04401; and notices to BYHA are to be
sent by registered or certified mail, return receipt requested,
postage prepaid, addressed to: The Bangor Youth Hockey
Association, P.O. Box 1052, Bangor, Maine, 04402, with a copy
thereof to Eaton, Peabody, Bradford 6 Veague, P.A., Fleet Center -
Exchange Street, P.O. Box 1210, Bangor, Maine 04402-1210, or to
such other address as the parties may designate to each other in
writing from time to time.
CITY shall maintain at all times in the offices of the
Director of the City Parks c Recreation Department an up-to-date
listing of the name address and telephone number for its current
President, Rink Manager and all other persons responsible for the
day-to-day operation of the arena.
ARTICLE VII
EFFECT ON PRIOR LEASE
During the period this Agreement shall remain in effect, it
shall be deemed to amen the parties' prior Lease dated April 1,
1991, as previously amended, hereinabove referred to; and in the
ivent any provision of this Agreement shall be deemed to be
nconsistent with provisions of the parties' said prior Lease, the
provisions of this Agreement shall be deemed controlling.
ARTICLE VIII
EXECUTION OF AGREEMENT
A. The CITY hereby represents and warrants that it has
taken all necessary procedural and legal steps as required under
all State, local and Federal laws and regulations whatsoever for
the purpose of authorising the execution of this Agreement, and
that the execution of this Agreement by the City Manager renders
this Agreement a valid and binding document on the part of the City,
of Bangor and is fully enforceable in all of its terms and
conditions by Bangor Youth Hockey Association.
sa
B. BYRA hereby represents and warrants that it has taken
all necessary procedural and legal steps as required under all
State, local and Federal laws and regulations, and all necessary
corporate action, to authorise the execution of this Agreement by
one of its officers and that the execution of this Agreement is a
binding and legal document on the part of Bangor Youth Hockey
Association, and is fully enforceable in all of its terms and
conditions by the City of Burger.
IN WITNESS WHERBOP, the parties hereto have set their hands
and seals the day and year first written above.
CITY OF BANGOR
By
Title
City
Manager
THE BANGOR YOUTH HOCKEY
ASSOCIATION
By
witness
Title
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