HomeMy WebLinkAboutItem 06.pMay 18, 2015 Item No.
APPROVAL OF AGEEMENT WITH
HYPE SURF FOR PADDLE BOARD RENTALS AT ANTLER PARK
_________________________
Brett Altergott
Parks & Recreation Director
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AGREEMENT
AGREEMENT made this 18th day of May, 2015, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ("City") and HYPE SURF COMPANY LLC,
a Minnesota limited liability company ("Lessee").
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES
AGREE AS FOLLOWS:
1. CONTRACT DOCUMENTS. The Contract consists of the following documents:
A. This Agreement; and
B. Lessee’s Proposal: Hype Surf Company LLC – Standup Paddle Rentals (SUP);
Lake Marion – Antlers Park/Casperson Park & Boat Launch attached hereto as
Exhibit “A” (“Proposal”).
In the event of conflict among the provisions of the Contract Documents, the order in which they
are listed above shall control in resolving any such conflicts, with Contract Document "A” having
the first priority and Contract Document "B" having the last priority.
2. LEASE. The City leases to Lessee on a non-exclusive basis property at Antlers Park
and Casperson Park & Boat Launch on Lake Marion to use the property in accordance with the
Contract Documents during the spring, summer and fall of 2015. Lessee leases the property on an
“AS IS” basis. Lessee agrees to keep the property neat and orderly and to pick up and litter and to
prevent any waste, loss or damage to the property.
3. COMPENSATION. Lessee shall pay the City 10% of Lessee’s net receipts from
rentals,lessons and classes. Lessee shall make payment to the City on a monthly basis.
4. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services
hereunder, Lessee shall abide by all statutes, ordinances, rules and regulations pertaining to the
provisions of services to be provided.
5. STANDARD OF CARE. Lessee shall exercise the same degrees of care, skill,
and diligence in the performance of the services as is ordinarily possessed and exercised by a
Lessee under similar circumstances
6. INDEMNIFICATION. Lessee shall indemnify and hold harmless the City, its
officers, agents, and employees, of and from any and all claims, demands, actions, causes of action,
including costs and attorney's fees, arising out of or by reason of the execution or performance of
the work or services provided for herein and further agrees to defend at its sole cost and expense any
action or proceeding commenced for the purpose of asserting any claim of whatsoever character
arising hereunder.
7. INSURANCE. Lessee shall secure and maintain such insurance as will protect
Lessee from claims under the Worker's Compensation Acts, automobile liability, and from claims
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for bodily injury, death, or property damage which may arise from the performance of services
under this Agreement. Such insurance shall be written for amounts not less than:
Commercial General Liability $1,000,000 each occurrence/aggregate
Automobile Liability $300,000 combined single limit
The City shall be named as an additional insured on a primary and noncontributory basis on
the commercial general liability policy.
Before commencing work, Lessee shall provide the City a certificate of insurance
evidencing the required insurance coverage in a form acceptable to City.
8. INDEPENDENT. Lessee is not an employee of the City and is free to contract
with others. Lessee shall be responsible for selecting the means and methods of performing the
work. Lessee shall furnish any and all supplies, equipment, and incidentals necessary for Lessee's
performance under this Agreement. City and Lessee agree that Lessee shall not at any time or in
any manner represent that Lessee or any of Lessee's agents or employees are in any manner agents
or employees of the City. Lessee shall be exclusively responsible under this Agreement for Lessee's
own FICA payments, workers compensation payments, unemployment compensation payments,
withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are
required to be paid by law or regulation.
9. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising
herein, without the written consent of the other party.
10. WAIVER. Any waiver by either party of a breach of any provisions of this
Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
11. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein.
This Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by the
parties, unless otherwise provided herein.
12. CONTROLLING LAW/VENUE. This Agreement shall be governed by and
construed in accordance with the laws of the State of Minnesota. In the event of litigation, the
exclusive venue shall be in the District Court of the State of Minnesota for Dakota County.
13. COPYRIGHT. Lessee shall defend actions or claims charging infringement of
any copyright or patent by reason of the use or adoption of any designs, drawings or
specifications supplied by it, and it shall hold harmless the City from loss or damage resulting
there from.
14. PATENTED DEVICES, MATERIALS AND PROCESSES. If the contract
requires, or Lessee desires, the use of any design, devise, material or process covered by letters,
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patent or copyright, trademark or trade name, Lessee shall provide for such use by suitable legal
agreement with the patentee or owner and a copy of said agreement shall be filed with the City.
If no such agreement is made or filed as noted, Lessee shall indemnify and hold harmless the
City from any and all claims for infringement by reason of the use of any such patented
designed, device, material or process, or any trademark or trade name or copyright in connection
with the services agreed to be performed under the contract, and shall indemnify and defend the
City for any costs, liability, expenses and attorney's fees that result from any such infringement.
15. RECORDS. Lessee shall maintain complete and accurate records of time and
expense involved in the performance of services.
16. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Lessee must
comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it
applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created,
collected, received, stored, used, maintained, or disseminated by Lessee pursuant to this Agreement.
Lessee is subject to all the provisions of the Minnesota Government Data Practices Act, including
but not limited to the civil remedies of Minnesota Statutes §13.08, as if it were a government entity.
In the event Lessee receives a request to release data, Lessee must immediately notify City. City
will give Lessee instructions concerning the release of the data to the requesting party before the
data is released. Lessee agrees to defend, indemnify, and hold City, its officials, officers, agents,
employees, and volunteers harmless from any claims resulting from Lessee’s officers’, agents’,
city’s, partners’, employees’, volunteers’ or assignees’ unlawful disclosure and/or use of protected
data. The terms of this paragraph shall survive the cancellation or termination of this Agreement.
17. TERMINATION OF THE AGREEMENT. The City may terminate this
Agreement or any part thereof at any time, upon written notice to Lessee, effective upon delivery
including delivery by facsimile or email.
Dated: __________________, 2015. CITY OF LAKEVILLE
BY: _______________________________________
Matt Little, Mayor
AND
Charlene Friedges, City Clerk
Dated: __________________, 2015. HYPE SURF COMPANY LLC
BY:
Name:_______________________________
Title:________________________
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EXHIBIT “A”
Lessee’s Proposal