THIS FACILITY USE AGREEMENT (the “Agreement”) is made and entered into as of this
date, by and between the CITY OF HOPKINS, a Minnesota municipal corporation (the “City”), and (the “User”).
WHEREAS, the City owns and operates the:
Hopkins Center for the Arts (the "Facility"), located at 1111 Mainstreet, Hopkins, Minnesota, 55343;
Hopkins Activity Center (the "Facility"), located at 33 14th Ave North, Hopkins, Minnesota, 55343;
Hopkins Pavilion (the "Facility"), located at 11000 Excelsior Boulevard, Hopkins, Minnesota, 55343;
WHEREAS, the User desires to utilize space at the Facility, as outlined in Exhibit A attached hereto; and
WHEREAS, the City has agreed to allow the User to use the Facility for its intended purposes, subject to the terms and conditions contained in this Agreement.
NOW, THEREFORE, in consideration of the mutual agreements contained in this Agreement, the City and the User agree as follows:
1. TERM. This Agreement will remain valid for the User’s scheduled use of the Facility, as described in more detail on the attached Exhibit A, unless otherwise terminated in accordance with the terms herein.
2. PAYMENT POLICY: The User agrees to pay in full all charges incurred from the User’s scheduled use of the Facility, as specified in the attached Permit. The City will accept payment in the form of cash, check or credit card. Full payment must be paid a minimum of 10 days prior to the time of the rental or as otherwise stated in the City’s invoice. A rental deposit may be requested at the discretion of the Manager and will be applied to the User’s applicable rental fees.
3. CANCELLATION POLICY.
a. Room Rentals: For room rentals, a 72-hour notice of cancellation is to be given to the City in writing prior to the start date and time of a room rental to receive a full refund. A cancellation fee of 20% of the rental fee will be charged if written cancellation occurs within the 72-hour window and prior to the start of the rental. If no written notice of cancellation is received prior to the start of a rental, full payment of the rental fees is owed and no refund will be given. This policy is void if other terms of cancellation are documented and agreed upon in writing by the User and the City.
b. Hopkins Pavilion: Arena Rentals: For arena rentals, the City will not refund payments for scheduled rental hours of the arena floor. However, the City will attempt to resell scheduled hours at the request of the User and shall refund the User only for any hours sold. The User may exchange rental hours for other hours available within the term of this Agreement. This policy is void if other terms of cancellation are documented and agreed upon in writing by the User and the City.
4. DAMAGE REIMBURSEMENT; DAMAGE DEPOSIT.
a. The User agrees to fully reimburse the City for any damages to the Facility that occur during the rental period. This includes any and all damages to, including the loss of, the building, furniture, equipment, fixtures, grounds, or any other property, real or personal, owned, used or operated by the City, due to any act or omission of the members, representatives, employees, patrons, invitee or guests of the User. If a room damage deposit is required, it will be requested at the time of scheduling use of the Facility.
b. Damage Deposit: The City reserves the right to require a damage deposit for the use of the Facility. This deposit will be required for rentals that include alcohol consumption, any private party rental, and any extensive decorating or event set up. This deposit will be returned on the next business day if the User complies with the guidelines outlined in the City’s Facility Rental Guide and does not exceed the scheduled hours of use of the Facility. If no damages are incurred, the damage deposit will be released the next business day.
5. ALCOHOL POLICY. The User shall not allow the selling, serving, or consumption of alcoholic beverages of any kind on the premises of the Facility except as expressly permitted by the City and conducted by a licensee approved to serve alcohol at the Facility. If a licensed alcohol provider is hired there will also be an alcohol service fee added to the separate rental fee, in accordance with the City’s established fee schedule.
6. CATERING. Food and non-alcoholic beverages obtained by the User can be served without charge provided that the User does not charge its guests for consumption of said food and beverages. Food or beverages being sold to guests at the Facility must be done so through a City-approved licensed caterer and, if applicable, one that is duly licensed by the Hennepin County Department of Health. The User must provide the City with copies of any and all licenses and permits needed to sell and serve food and non-alcoholic beverages on the premises of the Facility.
7. DECORATIONS. All decorations to be used at the Facility must be approved by the City. All decorations shall be put up in a manner not to cause damage to the Facility. All decorations must meet fire code regulations and candles must be enclosed in glass.
8. FACILITY SET UP. The User shall provide the City a description of its use of the Facility upon the City’s request, the description shall include the expected number of guests, the purpose for the rental, an overview of the decorations and equipment to be used, and services the User intends to include during its use of the Facility. Any set up that is not provided by the City shall be done at the User’s expense, under the supervision of and subject to the approval of the City. Set up includes but not limited to electrical, lighting, staging, or other equipment, materials, or services the User intends to utilize during its use of the Facility.
9. CLEAN UP. The User shall clear all areas used after use, unless otherwise approved by the City. The City is not responsible for any items left beyond the scheduled use period. The User shall also leave all areas in a reasonably clean and orderly condition at the end of the rental period. If areas are not cleared and/or cleaned within the contracted time period, the City will employ a crew for this purpose at the expense of the User.
10. ADVERTISING. The User shall not use the City’s name or the Facility’s name, or their images and logos, in advertising or media that involves the User’s rental of the Facility, unless the City provides prior written approval which shall first require the User to provide a description of all proposed advertising materials to the City.
11. BROADCASTS. All broadcasts, telecasts, recordings, films, and the like, that takes place during the User’s use of the Facility must have prior written consent from both event participants and the City.
12. CONDUCT POLICY. The User and any and all members, representatives, employees, patrons, invitee or guests of the User, shall act in a manner which is in compliance with the published rules and regulations of the City during use of the Facility, including, but not limited to, the following:
a. No disorderly behavior;
b. No entering areas of the Facility that are deemed outside the scope of the scheduled use;
c. All persons using the premises shall obey the instructions of Facility staff; and
d. No other conduct or activities inconsistent with the orderly use and management of the Facility.
Anyone involved in a physical confrontation will be suspended from the Facility. The Facility is a tobacco-free Facility and absolutely no use of tobacco will be allowed. No alcoholic beverages are allowed in the Facility without express permission from the City. The school district bans the possession of firearms at the Facility due to its use of the Facility.
13. NO ASSIGNMENT. The User may not assign this Agreement or sublease any portion of the Facility without written consent from the City. Assignment or subletting for any amount greater than the per hour rate of this Agreement is prohibited.
14. MECHANICAL FAILURE. In the event of mechanical failure of the Facility equipment, the User will be notified by Facility staff as soon as possible. Facility management shall have the exclusive authority to determine whether the Facility is in usable condition and shall not be liable to the User for consequences of any cancellation other than to supply a substitute time, if one can be reasonably accommodated without affecting other rental agreements.
15. TERMINATION; RE-SCHEDULING. The City reserves the right to terminate this Agreement for any reason or for no reason at all by providing written notice to the User. The User is entitled to any refunds for its use of the Facility if terminated. The City also reserves the right to re-schedule the dates and times of the User’s use of the Facility in the event it is deemed necessary by the City.
16. INDEMNIFICATION. The User agrees to defend, indemnify and hold the City, its officers, agents, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney’s fees (collectively, "Claim"), that directly relate to use of the Facility by the User or User's members, guests or invitees, including any and all claims for bodily injury or death or property loss or damage sustained as a result of use of the Facility by the User or the User's members, guests or invitees; provided, however, that such obligation of indemnification shall not apply when a Claim is caused by negligence, bad faith or willful misconduct on the part of the City, its officers, agents or employees.
The User agrees that it shall be totally responsible for all loss or damage or claims made by any person or any party that concerns use of the Facility during the time the User is using the Facility. The City shall not be responsible for any loss or damage or claims made by any person or party, it being understood that the sole and complete responsibility for use of the Facility lies with the User in case such claims are made.
17. INSURANCE. The City reserves the right to require the User to carry general liability insurance and name the City as an additional insured for any rental and for any reason. If insurance is required, the City will notify the User in writing. Within 20 days after notification from the City, the User must submit proof of insurance to the City. Failure to obtain the required insurance may result in the cancellation of the reservation.
18. NO WAIVER. By entering this Agreement, the City is not waiving any common law or statutory immunities to which it may be entitled.
19. GOVERNING LAW. The laws of the State of Minnesota shall govern the interpretation, validity, performance and enforcement of this Agreement.