HomeMy WebLinkAboutOLBRYS DEAN SPORTS CROSSING LLC ODS - CONTRACT - CONTRACT - AGREEMENT MISC LICENSE TO USE OD S SPORT CENTERAMENDED LICENSE AGREEMENT
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THIS AMENDED LICENSE AGREEMENT is entered mt byand
's Sports Crossing, een DEAN
SPORTS CROSSING LLC a Colorado limited liability company, oba
whose principal place of business is 218 Smokey St Fort Collins, CO 8025 ("OD's ), and THE
CITY OF FORT COLLINS a Colorado mumotpal corporation, s effective on thndate pal pastotgn d below Of business is
300 LaPorte Ave Fort Collins, CO 80521 ("City"),
I OD's is the owner of that certain real property located at 218 Stookey St, Fort Collins,
CO 80525 legally described as Lot 1, 0 D 's Sports Crossing, Fort Collins, Latimer County, Colorado
(the "Property'?
2 The City wishes to use portions of the bmldmg located on the Property (the "Facility')
for the purpose of conducting certain City Recreation Department programs and OD"; wishes to allow
this use in exchange for a portion of the proceeds of such programs
3 The parties entered into a License Agreement dated September 13, 2007 ( License
ent to expand the
ber of types of
programs that will be ffered cooperatively by theeC City ad OD' in 200 3 ThisAmendedAgreement
eement, which is hereby terminated and no longer of any effect
replaces the License Agr
4 t of License OD hereby grants to the City a liven -it
enterr u on anduse the
er the terms
Facility for the purpose of conducting certain City Recreation Dep programs
and conditions de5cnbed herein This license includes a right of access 10 the Facility on and across
of qucli parking areas on the
employeest,yagents volunteers and program participantsroThe City is however, under eno obligation t o
use the Facility
5 Term or ease This license shall commence on September 17, 2007, and terminate
on August 30 2008 The dates and times that the City may use the face try for fall 2007 Recreation
programs, and the portions of the Facility that may be used for such programs are described on
attached Exlubnt "A', which is incorporated by reference into this Amended Agreement The dates
lity may use the ty for Winter and Sumer 20(8 Recreation
and timesportions oftthat
he Facility that may be usedtfor such programs area described on attached Exh biit�"B" and the
whicb is incorporated by reference into this Amended Agreement
6 Cons�on
(a) M consideration for this Liceusc, the City agrees to pay OD s a portion of the total
revenues received by the City in registration fees for each City Recreation program conducted on the
License Premises
(b) For Tot Gym Night Game and No School Camp payments shall be made according to
the following schedule
(c) For programs described on Exhibit B, consideration for eacb program will be as listed
on ) xhibit B
(d) "Total revenues" shall not Include City administrative fee, Some program Participants
may qualify for a sliding or reduced fee or scholarships Total revenue" will be calculated after any
reductions it fees are taken
(c) The City will pay OD's its portion of the revenue for each Recreation program within
thirty (30) days following the last scheduled session of each such program A program" will include
as many sessions as are purchased for one registration fee, as described in the City's "Recreator" class
schedule publication For `drop-m" programs that are paid for one session at a time, including but not
limited to "Tot Gym , the City will pay OD's a percentage of the revenue for each session based on the
number of participants in earl) such session The City will calculate the total revenue for each such
"drop
'w flog am session
held
n Ia the thuat the d of that end
of hat month, and pay OD s its portion of the
revenue
th
7 Ci Res nn tlrties The Ctty will be responsible for Marketing Recreation programs
through its standard India, including the `Recreator" publication and on the City s website Except
for those programs for which Exlubit B states OD's will providen 11 Qa, the City
wat the itll and be
vide
appropriate staffing and materials for all Recreation program
responsible for sat up and clean up of the areas of the Facility used for, ach program OD'shas the
right to establish reasonable rules and regulations For the use of the Facility and the City agrees
comply with such piles and regulations The City will conduct its act,, sties at the Facility in a manner
reasonably intended to minunize damage to the Facility
g OD s Res nsrbihtics OD's shall maintain the Facility in good, clean and safe
condition in compliance with all applicable laws and regulations OD's shall be solely responsible for
and promptly pay all charges for heating, electricity water/sewer charl,es, and other utility service
used or consumed at the Facility OD s shall also provide lamtortal service for the Leased Premises
OD s agrees to publicize Recreation programs conducted at the Facility on OD's website, and through
such other means as OD's deems appropriate In addition OD's will lie responsible for running those
Programs shown on Exhibit B as being staffed by OD's, wluch will in Jude providing staffing and
materials and making equipment available for rent or otherwise
9 Dania a to Facili in the event the Facility and/or thi Property of which the Facility is
a part shall be totally destroyed by fire or other casualty or so badly, damaged that,in the opinion of
OD,s, it is not feasible to repair or rebuild same OD's shall have the tight to terminate this license
upon written nonce to the City
10 insurance The City is self xusured pursuant to Colorado law So long as the City
remains self -insured, it will not be required to provide OD's with proof o other insurance
11 Hold klarmless Subject to the provisions of the Colorado Governmental Immunity Act,
ble for
the
paTty
esq
om and against
the
own negligent ond OD s rll each be mten onaleacts anid those of their employees agents,vvoluntteeers, invitees or
contractors
12 Default If either party is in default of any ofwnh warms and
n conditions
of the default and end
Agreement, the other party will provide the defaulting party i dos not cure the default in a timely
(10) days within which to cure the default If the defaulting party pursue
aii other available remedies
manner, the non defaulting party may terminate this license, and Y
at law or in equity
13 Notices Any noticpersonally,
y either party to the otherhallbe in m writing osta ash shall be deemed
to be duly given only if delivered rsonall , or mailed by registeredpostage Prepaid
envelope addressed to the parties as follows
IF TO OD S IF TO THE CITY
0 D 's Sports Crossing LLC The City of Fort Collins
218 Smokey Street Recreatou Department
Fort Collms CO 80525 p 0 Box 580
Fort Collins, CO 80522-0580
14 Entire Ar�recment This Amended Agreement, along wr h any exlulnts hereto,
supersedes any poor agreements between the parties, constitutes the en and agreement
en and betweenshathe
l inure
parties shall be binding upon the parties, then officers employees, agentsassigns
to the bens It of the respectivc successors and assigns of said parties lius Amended Agreement may
not be modified except in writing signed by both parties
IN W17NESS WHEREOF the parties have executed this Amended License Agreement as of
the date last written below
OLBRXS-DEAN SPORTS CROSSING LLC
/ a Color hmited liabilitycompany
Date l�►1� C� By 40s
T ph ber/Manager
Date a-111-0
City Clerk
APPR A5LOFORM
city Attorney
THE CITY OF FORT COLLINS,
Mumerpal Corporation R
By
A
SEAL' :
City Manager
EXHIBIT A
Fall Classes at OA°s Sports Crossing;
September
9/5 W Tot gym, 10-12 noon*
9/7 F, Night Games 7-9pra
9/12 W Tot gyro, 10-12 noon*
9117 NI No school Camp gam-3pzn
9/19 W Tot gym, 10-12 noon
9/26 W, Tot gym 10-121100n*
October
10/1 W, Tot gym, 10 12 noon
10/5 F, Night Games 7-9pm
10/10 W Tot gym, 10-12 noon*
10/17 W Tot gym, l o 12 noon
10 24 W Tot gym, 10-12 noon*
10/31 W Tot gym 10-12 noon*
November
11 /2 F, Night Games, 7 9pm
1117 W, Tot gym 10-12 noon
11/14 W Tot gym 10-12 noon*
11121 W Tot gym, 10-12 noon
11/26 M No School Camp, 9am-3Pm
11/28 W, Tot Gym,10 12noon*
December
12/5 W Tot Gym, 10-12 noon
12/12 W, Tot Gym 10-12 noon*
12/19 W Tot Gym, IN 12 noon
*Thesc Tot gym dates are not in the Recreator These are dates that OD's was going to run Tot gym
apart from the City The City has since taken them over
Class locations (initial Protections)
Tot Gym East Rink Birthday party area
Night Games East & West Rink
No School Camp East & West Rink, locker room converted to classroim space, birthday party area
Child Development Clawlec
tluv, achednle
Classe, at OD's W inter/Sprmg 2008
payments for the Programs m this sechon will be according to
Tot C. (Wednesdays
January 916, 23, 30
February 6 13, 20, 27
March 5,17, 26
April 2 9, 16 23, 30
May 7 14 21
nbne FIock for SLorhes (Mondays, 9 am-10 am)
January 14 21 28 2118)
February 2/4> 2111 2/25 ( p
March 3/3 3/10 3/24 3/3 (ski 3117)
April 4/7, 4/14, 4128 (slip
4121)
May 5/5 5/12
10 00am-12 noon)
Home Sebool Fridays (Fridays 9 30 am-12 noon)
January 1118, 1 /25
February 2/1 218 2/15 2122, 2129
March 3/7, 3/14 3/28
April 414 4/11 4/25
May 5/2, 5/9
Skate and Create a,, OD's (Tuesdays and Thursdays, 9 OCam-12 noon)
January 1/15 1/17 1/22, 1124 1/28 1/31
February 2/5, 2/7 2/12 2/14 2/19 2/21, 2/26, 2/28
March 3/4 3/6 3/11, 3/13 3/25, 3/27 (skip 3/18 c& 3/20)
April 4/1 4/3, 4/8, 4/10, 5/15, 4/17 4/22, 4/24, 4/29
May 516 5/8, 5/13 5/15 5120 5/22
Roll and Stroll (Tuesdays and Thursdays 9 30-10 30 am)
January 1/15, 1/17 1/22, 1/24 1/28, 1/31
rebruary 215 Z7 2112, 2/14 2/19 2/21, 2126, 2/28
March 3/4 3/6, 3/11, 3113 3/25 3/27 (slap 3/18 & 3120)
April 4/1, 4/3 4/8 4/10, 5/15, 4/17 4122 4/24, 4129
May 5/6 5/8, 5/13, 5/15, 5/20, 5/22 5/27 5/29
JJ Sports Programs held on the West Rmk Payments for these pro„rams and reeponsrbihty for
staffing sball be as deceribed below for each proerana
Winter Youth Football Tuesday Nights 5 00-6 30 1122-3/4
700A of Revenue to City
30% of Revenue to 's 0Dand registration of program
City responsible for Marketing, staffing
OD's responsible for Providing entire west rink during hours of program
Adult YTltunate Frisbee Thursday Nights 6 lO 1/24-3I14
50% of Revenue to City
50% of Revenue to OD's staffing and registration of program
City responsible for Marketing, Sta a west rink during hours 0 Program
OD s responsible for Providing
entLr
Youth John liocke es 7-10
Mali Coyotes and 7r Coyotes Age-316
Tuesday and 1bursdaY gh
ts 20% of Revenue to City
s0% of Revenue to OD's Sports Crossing
City responsible for Marketing of program m Recrcator and on of program
OD s responsible for Provides staff, rink time option to customersr-gist
mers tto o rrent equipment
yout Indoor Soccer
Mini Rapids and Tr Rapids Ages 7-10
Sundays1/13-2/27
20% of Revenue to City
80% of Revenue to OD's Sports Crossing
City rc9pOnsiblc for
ODs responsibleMarketing
for Provides staff program
rink time, Option to cus cruets torent equipment
Su er Bowl Pa event runs 6-9)
Saturday February 2nd 5-10pm
100% of Revenue to City
City responsible for providing all proammmg staffing and marketing
-
OD s responsible for providing both rinks for event
Adult Voile ball
City will rent volleyball courts at $35 per hour/per court on Mondays 6-10pm
The City will have $2240 in credit/tradc for volleyball standards to be used toward rental time