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HomeMy WebLinkAboutItem 09 Date: Item No. LAKEVILLE ARENAS USE AGREEMENTS Proposed Action Staff recommends adoption of the following motion: Move to approve 1) First Amendment to Revised and Restated Joint Powers Agreement for Lakeville Arenas; 2) Revised Lakeville Arenas Facility Use Policy; 3) Gaming Revenue Agreement with Lakeville Hockey Association; and 4) Lakeville Arenas Use Agreement with Heritage Figure Skating Club Overview For the past two decades, Lakeville Hockey Association (formerly known as the Lakeville Hockey Boosters) has contributed funds through their charitable gambling operations to offset capital expenses as Ames Arena. This agreement expires in 2019 as the final debt payment on Ames Arena is made, and both the City and LHA have been interested in continuing this partnership. There has also been interest from the Heritage Figure Skating Club (HFSC) in having access to more hours through a similar agreement. Over the past several months, staff and representatives from LHA, HFSC, ISD 194 and Lakeville Arenas have been meeting to negotiate terms of a new agreement. Both LHA and HFSC have approved these agreements. Besides the City of Lakeville, both ISD 194 and Lakeville Arenas will need to approve these agreements as part of our Joint Powers Agreement that created Lakeville Arenas. Primary Issues to Consider Key terms of the agreements include: 1) Gaming Revenue Agreement with LHA a. 10-year agreement/$70,000 annual contribution from LHA b. LHA contributions are first dedicated to parking lot improvements. Any remaining funds will be used with input from LHA. c. LHA receives access to 750 hours annually of ice time before ice allocation policy is implemented d. LHA receives naming rights to both ice sheets at Ames Arena (with City approval) e. Agreement signed by LHA. Still need ISD 194 and Lakeville Arenas approvals. 2) Use Agreement with HFSC a. 10-year agreement/$10,000 annual contribution from HFSC b. HFSC receives 100 hours annually of ice time before ice allocation policy is implemented c. Agreement signed by HFSC. Still need ISD 194 and Lakeville Arenas approvals March 18, 2019 3) Revised Lakeville Arenas Facility Use Policy a. Clarifies order in which LHA, HFSC and other groups can reserve ice time b. Still need Lakeville Arenas approval 4) First Amendment to Revised and Restated JPA for Lakeville Arenas a. Replaces language in existing JPA that spells out LHA’s obligations regarding ice time b. References Revised Lakeville Arenas Facility Use Policy c. Still needs ISD 194 approval Financial Impact: $ Budgeted: Y☐ N☒ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Justin Miller, City Administrator 80,000/yr 1 FIRST AMENDMENT TO REVISED AND RESTATED JOINT POWERS AGREEMENT FOR LAKEVILLE ARENAS THIS FIRST AMENDMENT TO REVISED AND RESTATED JOINT POWERS AGREEMENT FOR LAKEVILLE ARENAS (“First Amendment”) is made ______________, 2019 between the CITY OF LAKEVILLE (“City”), and the INDEPENDENT SCHOOL DISTRICT NO. 194 (“District”). 1. Background. The Parties entered into an Amended and Restated Joint Powers Agreement (“JPA”) for Lakeville Arenas, dated July 17, 2006. The parties desire to amend the provisions related to the use agreements, the ability to sell naming rights and clarify insurance requirements. 2. Amendment to Section 8. Section 8B of the JPA is hereby deleted. 3. Amendment to Section 8. Section 8C of the JPA is amended in its entirety to read as follows: C. Other Ice Rental Agreements. The Lakeville Arenas may enter into ice rental agreements with hockey associations, figure skating associations or other entities subject to the provisions in Section 8A and the City’s Lakeville Arenas Facility Use Policy. 4. Amendment to Section 11. Section 11 of the JPA is amended in its entirety to read as follows: 11. ARENA NAMING RIGHTS. The City of Lakeville and the District shall have sole responsibility for Naming Rights of the Lakeville Arena facilities, except that the City and Lakeville Arenas may sell naming rights for the Lakeville Ames Arena ice rinks to the LHA pursuant to a Gaming Revenue Agreement. A. Any and all revenues derived from the Naming Rights associated with the third sheet shall be appropriated to the Lakeville Arena’s Reserve Fund unless mutually agreed otherwise by both parties. B. Any and all revenues derived from the Naming Rights associated with the fourth sheet shall be appropriate to the City of Lakeville. C. Any and all revenues derived from the Naming Rights associated with a combined third and fourth sheet facility shall be appropriated equally to Lakeville Arena’s Reserve Fund and the City of Lakeville unless mutually agreed otherwise by both parties. 2 5. Amendment to Section 14. Section 14 of the JPA is amended in its entirety to read as follows: 14. INSURANCE. The Board must obtain and maintain liability insurance in amounts not less than the statutory liability limits established under Minn. Stat. Ch. 466 and may obtain other insurance it deems necessary to insure the parties, the Board, its members and employees of the parties for actions arising out of this Agreement, including, but not limited to extended reporting period coverage upon termination. The Board shall also maintain workers’ compensation coverage as required by law. All insurance policies shall be issued to the Board and shall name as additional insured the City, its officers, and employees, and the District, its officers, and employees. The net proceeds of all such insurance shall be applied toward extinguishment or satisfaction of the liability with respect to which the insurance proceeds may be paid. 6. Effect of JPA. The JPA shall remain in full force and effect, as amended by this First Amendment. IN WITNESS WHEREOF, the undersigned have caused this First Amendment to be executed by their duly authorized officers by authority of their respective governing bodies. Date: _________________, 2019 CITY OF LAKEVILLE By: _____________________________ Douglas P. Anderson, Mayor By: _____________________________ Charlene Friedges, City Clerk Date: _________________, 2019 INDEPENDENT SCHOOL DISTRICT NO. 194 By: _____________________________ __________, School Board Chair By: _____________________________ __________, School Board Clerk 1 200724v5 Lakeville Arenas Facility Use Policy Adopted February 2019 2 200724v5 Lakeville Arenas Facility Use Policy Table of Contents PAGE I. Preamble 3 II. Definitions 3 - 4 III. Ice Use a. Scheduling priorities 5 b. General conditions i. Allocation procedures 6 - 7 ii. Deposits 8 iii. Payments 8 - 9 IV. Dry Floor a. Scheduling priorities 10 b. General conditions i. Allocation procedures 10 - 11 ii. Deposits 12 iii. Payments 12 V. Insurance 12 VI. Sublease Agreements 12 VII. Joint Powers Agreement - Section 8 13 - 14 3 200724v5 City of Lakeville Arena Facility Use Policy I. Preamble The Lakeville Arenas Joint Powers Agreement defines certain ice scheduling guidelines related to public skating, Independent School District 194 and the Lakeville Hockey Association. Section 8 C of the Lakeville Arenas Joint Powers Agreement also delegates to the City of Lakeville the responsibility and authority to establish the facility scheduling policy. Section 8 of the Lakeville Arenas Joint Powers Agreement is attached as Exhibit hereto. The City of Lakeville therefore hereby approves and sets forth the following Facility Use Policy relating to the Lakeville Arenas. II. Definitions • City: City of Lakeville • ISD 194: Independent School District 194 • JPA: Joint Powers Agreement • LHA: Lakeville Hockey Association • HFSC: Heritage Figure Skating Club • Lakeville Adult Athletic Groups: Organized adult athletic groups whereby the majority of the members are residents of City or ISD 194 or sponsored by a business located in the City or ISD 194. • Lakeville Arena: As defined in the Lakeville Arena Joint Powers Agreement. • Lakeville Community Organizations: Includes recognized Lakeville community service and civic non-profit organizations and agencies activities and programs. These organizations include but are not limited to: Knights of Columbus, Rotary, Lions and YMCA. • Lakeville Youth Associations – ice related: Includes the following youth associations - a recognized figure skating club serving Lakeville residents and the following youth hockey associations: Lakeville Hockey Association, Apple Valley Hockey Association, Rosemount Hockey Association and Farmington Hockey Association. 4 200724v5 • Lakeville Youth Associations – dry floor related: includes Independent School District #194, Independent School District #196 (Parkview), Independent School District #192 (North Trail Elementary), Lakeville Private Schools (All Saints), Lakeville Baseball Association (LBA), Lakeville Soccer Club (LSC), Lakeville Fast Pitch Softball Association (LFSA), Lakeville Football Association (LFA), Lakeville Lacrosse (LL), Rosemount Area Athletic Association (RAAA), Farmington Athletic Association (FAA), Valley Athletic Association, Inc. (VAA), Other Clubs & Individual Teams with roster of Lakeville residents. • Sponsored activities (Arena): Any events established, promoted and under the direct control of the Lakeville Arenas. Includes but not limited to Learn to Skate programs, public skating, open hockey, figure skating and arena sponsored leagues. III. Ice Use Allocation of ice schedule is subject to the terms and conditions of the JPA. For scheduling purposes, the ice season is defined as October 1 thru September 30. The guidelines are as follows. A. Scheduling Priorities The City of Lakeville reserves the right to modify the ice allocation policy in order to preserve the underlying concepts of the JPA or agreements entered into by Lakeville Arenas and/or the City of Lakeville (collectively “Lakeville Arenas Use Agreements”). Scheduling of ice shall be allocated based on the following Priorities, subject to the terms of the Lakeville Arenas Use Agreements. The Arena Manager shall have authority to use reasonable judgment and discretion with respect to schedule administration. Priority Deadline to submit request Deadline to refuse any ice hours allocated Deposit due date 1 Arena Sponsored (Learn To Skate, Public Skating, Open Hockey) 1-May 1-Aug 2 ISD 194 (high school teams) 1-Jun 1-Jul 3 HFSC – (Pre-Draft Hours) 15-Jun 1-Jul 4 LHA – (Pre-Draft Hours) 1-Jul 15-Jul 5 Lakeville Youth Assoc. 1-Aug 1-Sept 15-Sept 5 200724v5 6 Lakeville Adult Athletic Groups 22-Aug 22-Sept 22-Sept 7 Lakeville Community Organization 22-Aug 22-Sept 22-Sept 8 Other 1- Sept 30-Sept 30-Sept 9 1st come 1st serve Upon Reservation B. Ice Scheduling - General Conditions a. Priority 1 – Arena Sponsored Terms and conditions of priority 1 are pursuant to Section 8.A.3 of the JPA Any events established and/or promoted under the Lakeville Arenas. Includes but not limited to Learn to Skate programs, Public Skating, Open Hockey and arena sponsored leagues. b. Priority 2 – ISD 194 (high school teams) Terms and conditions of priority 2 are pursuant to Section 8.A of the JPA c. Priority 3 – HFSC (Pre-Draft Hours) HFSC will have the right to select up to 100 ice hours. The HFSC’s rights under this paragraph shall terminate if the HFSC fails to comply with the terms and conditions relating to the 2019 Ice Rental Agreement with the City and Lakeville Arenas or when the HFSC is no longer required to contribute funds pursuant to the 2019 Ice Rental Agreement, whichever first occurs. d. Priority 4 – LHA (Pre-Draft Hours) LHA will have the right to select up to 700 ice hours. The LHA’s rights under this paragraph shall terminate if the LHA fails to comply with the terms and conditions relating to the 2019 Gaming Revenue Agreement with the City and Lakeville Arenas or when the LHA is no longer required to share gaming revenue with the City pursuant to the 2019 Gaming Revenue Agreement, whichever first occurs. e. Priority 5 – Lakeville Youth Associations i. To be recognized as a priority 5 an organization must submit to the Arena Manager by July 1 the names and addresses of participants registered for the previous season through the respective governing body (i.e. USA Hockey, US Figure Skating, ISI) who: 6 200724v5 A) reside in the City of Lakeville or B) reside in the ISD 194 An organization must submit and meet all criteria as stated in this section in order to be eligible as a priority 5 in the ice allocation process. ii. The associations must submit by August 1 the minimum number of hours they intend to guarantee for the coming year based on the allocation formula described below. iii. For purposes of determining ice allocation hours the following formula will apply. A) If a participant resides in the City of Lakeville they will count as 1 individual. B) If a participant resides in the ISD 194 boundary they will count as 1 individual. C) If a participant resides in the City of Lakeville and within the ISD 194 boundary they will count as 2 individuals. iv. The Arena Manager will prorate the allocation of available ice hours based on the number of individuals in the respective organizations as determined in step iii above. The Arena Manager shall have authority to use reasonable judgment and discretion with respect to schedule administration. v. On or about the second Saturday of August, the ice hours will be allocated with the teams selecting the hours of their choosing. A) The hours will be distributed in one hour increments (or other reasonable units as determined by the Arena Manager.) The distribution for each round will be in direct proportion to the allocation as calculated in step iv above. B) The process will start with the organization with the least number of hours to be allocated and proceed in ascending order. In the second and subsequent rounds of allocation the order of who selects 1st will rotate accordingly. vi. If after initial distribution of hours there are still hours available for use, and the youth associations have not received all hours they are willing to guarantee as stated in step ii above, the process will be repeated as shown in step v. above until all the hours guaranteed as described in section i.e. are allocated. 7 200724v5 f. Priority 6 – Lakeville Adult Athletic Groups i. The Arena Manager may establish “blocks” of hours for the purpose of establishing priority 6. ii. Organizations with prior experience shall have first opportunity to bid on a block. If more than one organization qualifies, the process will commence with organizations with the largest blocks rented in the two previous years. In cases of a tie or if more than one organization qualifies for no previous rental experience, the allocation will be based on flipping of a coin or other random method as determined by the Arena Manager. g. Priority 7 – Lakeville Community Organizations (October 1 – March 30) i. The Arena Manager may establish “blocks” of hours for the purpose of establishing priority 7. ii. Organizations with prior experience shall have first opportunity to bid on a block. If more than one organization qualifies, the process will commence with organizations with the largest blocks rented in the two previous years. In cases of a tie or if more than one organization qualifies for no previous rental experience, the allocation will be based on flipping of a coin or other random method as determined by the Arena Manager. h. Priority 8 – Other i. The Arena Manager may establish “blocks” of hours for the purpose of establishing priority 8. ii. Organizations with prior experience shall have first opportunity to bid on a block. If more than one organization qualifies, the process will commence with organizations with the largest blocks rented in the two previous years. In cases of a tie or if more than one organization qualifies for no previous rental experience, the allocation will be based on flipping of a coin or other random method as determined by the Arena Manager. C. Deposits a. Lakeville Arenas, City, and ISD 194 are exempt from providing a deposit. b. All Lakeville Youth Associations, Lakeville Adult Athletic Groups and Lakeville Community Organizations must provide a 10% deposit on or before the deposit due date. The Lakeville Arena may waive the deposit requirements for any organization or entity which has at least 3 consecutive years of good 8 200724v5 standing with the Lakeville Arena. – as determined by the Lakeville Arena Board. c. All other groups, organizations or individuals must provide a 25% deposit by the deposit due date or at the time of confirmed reservation whichever is later. D. Payment Schedule a. Ice Use – October thru March Payment is due (less any deposits) within 30 days of receipt of invoice. Invoices will be processed after ice use. b. Ice Use – April thru September 100% (less any deposits and other prepayments) at least 14 calendar days prior to the scheduled ice event. IV. Dry Floor Use For the purposes of this Arena Facility Use Policy, the dry floor activities shall be considered to be the period of March 1 thru February 28 of the subsequent year. Allocation of dry floor activities is subject to the terms and conditions of the JPA or contractual agreements. The guidelines as follows. A. Scheduling Priorities Scheduling of dry floor shall be allocated based on the following Priorities. Priority Deadline Refuse Deposit 1 Arena sponsored 1-Aug 1-Aug 2 ISD 194 (High school teams) 1-Sept 1-Sept 3 Lakeville Youth Assoc. 15-Nov 15-Nov 30-Nov 4 Lakeville Adult Athletic Groups 1-Jan 1-Jan 30-Jan 5 Lakeville Community Organizations 15-Jan 15-Jan 15-Jan 6 Other 1-Feb 1-Feb 1-Feb 7 1st Come – 1st Serve Upon Reservation B. Dry Floor Scheduling - General Conditions a. Priority 1 – Arena Sponsored Any events established and/or promoted and under the Lakeville Arenas. 9 200724v5 b. Priority 2 – ISD 194 (high school teams) c. Priorities 3 – Lakeville Youth Associations i. Each of the organizations to be submitting requests for Priority 3 must certify to the Arena Manager prior to November 1, the names and addresses of all youth who were registered with the respective youth sports organization and who: (1) reside in the City of Lakeville or (2) reside in the ISD 194 ii. The associations must submit by December 1 the minimum number of hours they intend to guarantee for the coming year based on the allocation formula described below. iii. For purposes of determining dry floor allocation hours the following formula will apply. (1) If a participant resides in the City of Lakeville they will count as 1 individual. (2) If a participant resides in the ISD 194 boundary they will count as 1 individual. (3) If a participant resides in the City of Lakeville and within the ISD 194 boundary they will count as 2 individuals. iv. The Arena Manager will prorate the allocation of available dry floor hours based on the number of individuals in the respective organizations as determined in step iii above. v. The dry floor hours will be allocated with the teams selecting the hours of their choosing. (1) The hours will be distributed in one-hour increments (or other reasonable units as determined by the Arena Manager.) The distribution for each round will be in direct proportion to the allocation as calculated in step iii above. (2) The process will start with the organization with the least number of hours to be allocated and proceed in ascending order. In the second and subsequent rounds of allocation the order of who selects 1st will rotate accordingly. 10 200724v5 vi. If after initial distribution of hours there are still hours available for use, and the youth associations have not receive all hours they are willing to guarantee as stated in step ii above, the process will be repeated as shown in step v above until all the hours guaranteed as described in section ii are allocated. Note: An organization must submit and meet all criteria as stated in above in order to be eligible as a priority 3 in the dry floor allocation process. d. Priority 4 – 6 i. The arena Manager can establish “blocks” of hours for the purpose of establishing priority 4. ii. Organizations with prior experience shall have first opportunity to bid on a block. If more than one organization qualifies, the process will commence with organizations with the largest blocks rented in the two previous years. If more than one organization qualifies for no previous rental experience, the allocation will be based on flipping of a coin or other random method as determined by the Arena Manager. C. Deposits a. Lakeville Arena, City and School districts are exempt from providing a deposit. b. All Lakeville Youth Associations, Lakeville Athletic Groups and Lakeville Community Service organizations must provide a 10% deposit on or before the deposit due date. The Lakeville Arena may waive the deposit requirements for any organization or entity which has at least 3 consecutive years of good credit standing with the Lakeville Arena as determined by the Lakeville Arena Board c. All other groups, organizations or individuals must provide a 25% deposit on or before the deposit due date. d. The deposit will be refunded if the Lakeville Arena is able to rent the facility to others. D. Payment Schedule Payment is due (less any deposits) within 30 days of receipt of invoice. Invoices will be processed after facility use. Deposits will be refunded if Lakeville Arena is able to rent the designated cancelled hours to others. 11 200724v5 V. Insurance Organizations will be required to provide proof of commercial general liability insurance coverage as will protect the City from all claims for damages to property and persons, including death which may arise from the use of Lakeville Arenas by the Organization, its officers, employees, agents or members. Such liability insurance shall provide limits of not less than $1.000,000 for each occurrence. Any insurance required shall be placed with a financially responsible insurance company licensed to write insurance in the State of Minnesota, with a certificate of insurance to be furnished naming the City of Lakeville, Independent School District 194, Lakeville Housing and Redevelopment Authority, and Lakeville Arenas as additional insureds on the policy, by endorsement. The certificate of insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the additional insureds, or ten (10) days’ notice for non-payment of premium. The organization shall execute Lakeville Arena’s Facility Usage Release and Indemnification Agreement. These documents are due a minimum of two weeks prior to the scheduled activity. VI. Sublease Agreements No individual, group, organization may sublease the facility without the express written permission of the Arena Manager. A sub-lessee must comply with all requirements of the Facility Use Agreement, including the insurance requirements. 12 200724v5 Exhibit A Section 8 – Ice Rentals Joint Powers Agreement 8. ICE RENTAL AGREEMENTS. Lakeville Arena’s will have the authority to approve ice rental agreements with Independent School District 194 and other entities. A. Independent School District 194. The Ice Rental Agreements with ISD 194 will take into consideration the following terms and conditions: (1) Lakeville Arenas shall enter into ice rental agreements with the District. This agreement shall supersede and replace the following agreements: • District Ice Time Agreement dated February 4, 1999 concerning the District’s agreement with the City to rent ice time at the Ames Arena. • District High School Practice Agreement concerning the District’s agreement with Lakeville Arenas to rent ice time at the Ames Arena. • Game Agreement concerning the District’s agreement with Lakeville Arenas concerning game policies and the division of the gross ticket proceeds for High School games. • Joint Powers Agreement for Lakeville Arena’s dated December 14, 2004. (2) Ice Time Commitment. The District shall purchase at least 740 hours of ice time per High School season for use by the High School teams, November 1 through March 13 effective with the commencement of operations for the Third Sheet of Ice. (3) Scheduling of Ice Time. The District shall have the right to select ice time of its choosing, until July 1st of each year: (i) For practices at the Ames Arena between 12:01 a.m. and 5:30 p.m., Monday through Friday, and for the Third Sheet of Ice, between 12:01 a.m. and 9:00 p.m., Monday through Friday. (ii) For High School games. Scheduling of high school home games will be coordinated with the District Athletic Directors, arena management and the Arena Operations Committee in order to maximize use of the ice rentals 13 200724v5 thereby providing adequate spectator seating opportunities and minimizing potential parking and other related issues. (iii) The District’s right to schedule ice is subordinate to the following: a minimum of four hours per week for open public skating of which a minimum of two will be on either Saturday between 8:00 a.m. and 8:00 p.m. or Sunday between noon and 8:00 p.m. Lakeville Arenas Board shall determine the public skating hours and location. (4) Rental rate. The District shall pay Lakeville Arenas prime time ice rental rates in effect at the time. (5) By July 1st annually, the Lakeville Arenas shall have the authority to approve any Agreements with the District regarding revenues derived from the High School game admissions. (6) Use of parking lots. The District and Lakeville Arenas and the City of Lakeville will have shared use of the parking lots on a first come, first served basis and may not prohibit use by other patrons. (7) Cancellation. Ice time that is scheduled for District use must be paid for by the District whether or not the ice time is actually used except that up to ten percent (10%) of scheduled ice time may be cancelled prior to September 1 at no cost however, the total hours of rent cannot be less than 740 per year. B. Deleted per First Amendment to JPA. C. Other Ice Rental Agreements. The Lakeville Arenas may enter into ice rental agreements with hockey associations, figure skating associations or other entities subject to the provisions in section 8A and the City’s Lakeville Arenas Facility Use Policy, as amended. 200642v14 1 GAMING REVENUE AGREEMENT GAMING REVENUE AGREEMENT dated as of _______________, 2019, (“Agreement”) by, between and among the CITY OF LAKEVILLE, a Minnesota municipal corporation (the “City”), LAKEVILLE ARENAS, a Minnesota Joint Powers Entity, (“Lakeville Arenas”) and the LAKEVILLE HOCKEY ASSOCIATION, a Minnesota non-profit corporation (the “LHA”). RECITALS WHEREAS, the Lakeville Boosters, Inc. (“Boosters”) and the City previously entered into a Revised and Restated Gaming Revenue Agreement as of February 16, 1999 (“Original Gaming Revenue Agreement”) to provide funding by the LHA for the Bonds necessary for the acquisition and construction of the Lakeville Ames Arena (the “Project”); WHEREAS, the City, Lakeville Housing and Redevelopment Authority (“HRA”), Independent School District No. 194 (“District”), LHA, Boosters and the Lakeville Community Corporation (“LCC”) entered into a First Amendment to Revised and Restated Gaming Revenue Agreement dated March 12, 2005 (“First Amendment”); WHEREAS, the Original Gaming Revenue Agreement provided that it would terminate at such time as the Bonds have been fully paid or discharged; WHEREAS, the LHA pre-paid their 2019 payments in 2018, which will cover their obligations towards the Bonds used to finance the acquisition and construction of the Project as identified in the Original Gaming Revenue Agreement which will be paid in full and the Original Gaming Revenue Agreement and First Amendment will terminate on August 1, 2019; WHEREAS, the City is the fee owner of the Lakeville Ames Arena, located at 19900 Ipava Avenue, Lakeville, MN 55044 (“Ames Arena”) which contains two (2) sheets of ice and the HRA is the fee owner of the Lakeville Hasse Arena, located at 8525 215th St. W., Lakeville, MN 55044 (“Hasse Arena”) which contains one (1) sheet of ice (collectively, the Ames Arena and Hasse Arena are collectively referred to herein as the “Arenas”) ; and WHEREAS, the City and District entered into a Revised and Restated Joint Powers Agreement for Lakeville Arenas between the City and District, dated July 17, 2006 (“JPA”), which established a joint power entity (“Lakeville Arenas”) that is charged with the operation, management and maintenance of the Arenas and leases the Arenas from the City and HRA; 200642v14 2 WHEREAS, the parties desire to enter into a new financing agreement for the LHA’s use of the ice rinks and the associated facilities at the Arenas and for a capital improvement fund for the Arenas; NOW, THEREFORE, in the joint and mutual exercise of their powers, and in consideration of the mutual covenants contained herein, the parties agree as follows: ARTICLE I DEFINITIONS Business Day: Each day other than a Saturday, a Sunday or a bank holiday in Minnesota. City: The City of Lakeville, Minnesota, its successors and assigns. Default: Any event which, with the giving of notice or lapse of time (whether such notice or lapse of time is required under Section 7.1 or under some other provision of this Agreement), or otherwise, or both, would constitute an Event of Default. Gaming Revenues: All receipts from the pull-tab operations and other gaming operations, if any, conducted by the LHA. Lakeville Arenas: The joint powers entity established under the Revised and Restated Joint Powers Agreement for Lakeville Arenas between the City and District, dated July 17, 2006. LHA: The Lakeville Hockey Association, a Minnesota nonprofit corporation. ARTICLE II TERM Section 2.1. The term of this Agreement shall be ten (10) years commencing on August 2, 2019 and terminating at midnight on August 1, 2029. ARTICLE III REPRESENTATIONS AND WARRANTIES Section 3.1. The LHA represents and warrants to the City and Lakeville Arenas that as of the date hereof: (a) The LHA is a nonprofit corporation, duly organized ad existing in good standing under the laws of the State of Minnesota. The LHA has full power and authority to enter into this Agreement, to perform its obligations hereunder, and to carry on its business, including its charitable gaming activities, as presently conducted and as proposed to be conducted. 200642v14 3 (b) The execution and delivery by the LHA of this Agreement and the performance by the LHA of its obligations hereunder, have been duly authorized by all necessary action of its board of directors, and do not and will not conflict with, result in a violation of, or constitute a default under, any provisions of its Articles of Incorporation or bylaws or any agreement or other instrument binding upon the LHA or any law or governmental regulation or court decree or order applicable to the LHA. (c) No litigation or governmental proceeding is pending against the LHA which, if decided adversely to the LHA, would have a material adverse effect on the LHA or its business or financial condition. (d) The LHA is not in default in the payment of any of its indebtedness, nor is it aware of any facts or circumstances that would give rise to any such default and, to the best of its knowledge, it is not in violation of any law or government regulation, or court decree or order affecting a substantial part of its property or conduct of its business. (e) This Agreement is the legal, valid and binding obligation of the LHA enforceable against the LHA in accordance with its terms, subject only to bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforceability generally of rights of creditors and applicable principles of equity. (f) The LHA has made no pledge of any of its interest in or to any portion of the Gaming Revenues other than those made pursuant to this Agreement. ARTICLE IV COVENANTS Section 4.1. So long as this Agreement shall remain in force and effect, the LHA will observe and comply with the following requirements, unless the City or Lakeville Arenas otherwise consent in writing. (a) The LHA will maintain and preserve its separate existence as a nonprofit corporation organized under the laws of the State of Minnesota and shall at all times be qualified to conduct its business in the State of Minnesota. (b) The LHA will promptly and faithfully comply with, conform to and obey all applicable present and future laws, ordinances, rules, regulations and other requirements that could materially affect the conduct of the operations of the LHA as it relates to this agreement, including particularly its charitable gaming operations. (c) The LHA shall give written notice to the City and Lakeville Arenas of the occurrence of any Default or Event of Default immediately after the LHA Board of Directors becomes aware thereof. (d) The LHA will promptly execute and deliver all instruments and documents, and take all actions, that may be necessary or that the other parties to this Agreement 200642v14 4 may reasonably request, in order to enable the parties to exercise and enforce their rights and remedies hereunder with respect to any Gaming Revenues. (e) The LHA will use its best efforts to continue its gambling operations in a manner consistent with its current operations. ARTICLE V LHA OBLIGATIONS Section 5.1. Payment of Gaming Revenues. (a) LHA shall pay to the City, on each January 25 and July 25 (or the next Business Day thereafter if the 25th is not a Business Day) from Gaming Revenues, the sum of $35,000 (“LHA Payments”), for a total annual amount of $70,000. The first payment will be paid on January 25, 2020 and the last payment will be paid on July 25, 2029. (b) The City shall deposit the amounts paid under Section 5.1 in a separate capital improvements fund controlled by Lakeville Arenas. Use of the LHA Payments shall be allocated to parking lot improvements at the Arenas (“Improvements”), subject to a determination by Lakeville Arenas that adequate funding is available and appropriate land is made available by ISD 194. Lakeville Arenas shall be solely responsible for determining the timing, scope and extent of the Improvements. Following completion of the foregoing improvements, any allocation of remaining funds paid under 5.1(a), if any, shall be determined by Lakeville Arenas, in its sole discretion, with the opportunity for input from LHA. (c) If State of Minnesota bonding funds are specifically awarded towards parking lot improvements at the Arenas, the City agrees to reallocate payments under Section 5.1 towards other improvements at the Arenas, as determined in Lakeville Arenas’ sole discretion. The LHA will be provided with the opportunity to provide input on the uses of the LHA Payments. Section 5.2. Lakeville Arenas Facility Use Policy. The City of Lakeville’s Lakeville Arenas Facility Use Policy (“Facility Use Policy”) and all rules and regulations of the Lakeville Arenas, as amended from time to time, shall be and are a part of this Agreement as though they were set out in full herein, and are specifically incorporated as a part hereof by reference. LHA shall execute a Facility Usage Release and Indemnification Agreement prior to the term of this Agreement or as otherwise required under the Facility Use Policy. LHA shall also provide the certificate of insurance required under the terms of the Facility Use Policy. Violation of any of the rules and regulations by any player, volunteer or employee of LHA shall be grounds to bar future use of the Lakeville Arenas by that person, according to the Arena’s policies. Section 5.2. Insurance. LHA will provide insurance coverage at minimum amount of $1,000,000 for property damage and bodily injury naming the City, Lakeville Arenas, District and HRA as additional insureds on the policy by endorsement, pursuant to the terms of the Facility Use Policy. 200642v14 5 ARTICLE VI LHA RIGHTS Section 6.1. LHA is authorized to sell naming rights to both ice rinks at the Ames Arena during the term of this Agreement, subject to written consent by the City and Lakeville Arenas. Any money received as a result of the sale of naming rights shall be the property of LHA. Any agreements for naming rights are subject to review and written approval by the City and Lakeville Arenas and must include termination of the naming rights upon termination of this Agreement, including termination for an Event of Default by LHA. Approval of the written agreement by Lakeville Arenas and City may not be unreasonably denied. Section 6.2. The LHA will be provided access to 750 hours of ice time per season pursuant to the City of Lakeville’s Lakeville Arenas Facility Use Policy, dated February 2019. ARTICLE VII EVENTS OF DEFAULT Section 7.1. Each of the following occurrences shall constitute an Event of Default: (a) Any material representation or warranty made by or on behalf of the LHA herein or in any report, certificate or other document furnished by or on behalf of the LHA pursuant to this Agreement shall prove to be false or misleading in any material respect when made. (b) The LHA shall default in the observance or performance of any of its obligations hereunder and such default shall continue for thirty (30) days after written notice thereof has been sent to the LHA by any of the other parties to this Agreement. (c) The making by LHA of any general assignment for the benefit of creditors, the filing by or against LHA of a voluntary or involuntary petition in bankruptcy or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against the LHA, the same is dismissed within sixty (60) days) the appointment of a trustee or receiver to take possession of all of Tenant’s assets or property that is not restored to Tenant within sixty (60) days, or the attachment, execution or other judicial seizure that is not discharged within sixty (60) days. (d) The LHA admitting in writing its inability, or be generally unable, to pay its debts as they become due. (e) The LHA is declared insolvent. (f) The LHA assigns this Agreement in violation of the terms herein. (g) If the LHA’s legal existence ceases. 200642v14 6 Section 7.2. Whenever an Event of Default by the LHA shall have occurred and be continuing, the other parties to this Agreement shall be entitled to: (i) terminate this Agreement and all LHA rights granted hereunder, including any naming rights; (ii) take appropriate action at law or in equity may appear necessary or appropriate to collect any Gaming Revenues and other amounts then due or to enforce performance and observance of any obligation, agreement or covenant of the LHA under this Agreement. Upon a decision by a court of law or other agency in favor of the City or Lakeville Arenas, the LHA shall be responsible for all costs incurred by the City or Lakeville Arenas under this Agreement in enforcing this Agreement and all expenses in the exercise of the foregoing remedies, including reasonable attorney fees’ fees and legal expenses incurred. Section 7.3. The failure of the City or, Lakeville Arenas to insist upon strict performance by the LHA of any of the covenants, conditions and terms of this Agreement shall not be deemed a waiver of any subsequent breach or default in any of the covenants, conditions and terms of this Agreement. No LHA Payments by the LHA with knowledge of a default by the City or Lakeville Arenas shall constitute a waiver of default. ARTICLE VIII MISCELLANEOUS Section 8.1. This Agreement shall be construed in accordance with and governed by the laws of the State of Minnesota. Section 8.2. To the extent any provision of this Agreement shall be determined invalid or unenforceable, the invalid or unenforceable portion shall be deleted from this Agreement, and the validity and enforceability of the remainder shall be unaffected. Section 8.3. The LHA agrees to indemnify and hold the City and Lakeville Arenas, their officers, employees, and agents, harmless against any loss, cost, expense, damage or liability arising out of or resulting from any misrepresentation by the LHA under this Agreement or from the failure by the LHA to observe or perform any agreement or undertaking made by it in this Agreement or pursuant hereto. Section 8.4. The City and Lakeville Arenas, separately, agree to indemnify and hold the LHA, their officers, employees, and agents, harmless against any loss, cost, expense, damage or liability arising out of or resulting from any misrepresentation by the City and Lakeville Arenas, separately, under this Agreement or from the failure by the City and Lakeville Arenas, separately, to observe or perform any agreement or undertaking made by it in this Agreement or pursuant hereto. To the extent permitted by law, nothing in this Agreement shall be deemed a waiver of any limitation of liability or defenses by the City or Lakeville Arenas under Minnesota Statutes Chapter 466 or any other provision of law. 200642v14 7 Section 8.5. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under the Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested or delivered personally; and (a) In the case of the City, is addressed or delivered personally to: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Attn: City Administrator (b) In the case of Lakeville Arenas, is address or delivered personally to: Lakeville Arenas 20195 Holyoke Avenue City of Lakeville, MN 55044 Lakeville Arenas Chair (c) In the case of LHA, is addressed or delivered personally to: Lakeville Hockey Association _________________________ _________________________ Attn:_____________________ (d) Any Party may, upon written notice to the other parties, change the address to which such notices and demands are made. Section 8.6. Any titles of the several parts, Articles and Sections of this Agreement are inserted for convenience only and shall be disregarded in construing or interpreting its provisions. Section 8.7. This Agreement shall be binding upon and inure to the benefit of the LHA, the City, and Lakeville Arenas, and their respective successors and assigns. Section 8.8. This Agreement may not be amended or modified except in writing executed by all parties to this Agreement. Section 8.9. LHA shall not assign this Agreement without the prior written consent of the other parties to this Agreement. Section 8.10. This Agreement constitutes the entire understanding of the LHA, the City, and Lakeville Arenas with respect to the subject matter addressed and supersedes any prior 200642v14 8 representations or agreements, whether written or oral, with respect to the subject matter hereof, including the now terminated Original Gaming Revenue Agreement and First Amendment. Section 8.11. This Agreement shall terminate in accordance with Sections 2.1 or 7.1 of this Agreement. Section 8.12. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above written. [Remainder of page intentionally left blank] [Signature pages to follow] 200642v14 9 CITY OF LAKEVILLE By:____________________________ Douglas P. Anderson, Mayor By:____________________________ Charlene Friedges, City Clerk 200642v14 10 LAKEVILLE ARENAS By:___________________________ ______________________, Its Chair 200642v14 11 LAKEVILLE HOCKEY ASSOCIATION By:____________________________ ______________________, Its President 200642v14 12 CONSENT TO CONTRACT Pursuant to the terms of the Revised and Restated Joint Powers Agreement for Lakeville Arenas between the City of Lakeville (“City”) and Independent School District No. 194 (“District”) dated July 17, 2006, the District hereby consents to the Gaming Revenue Agreement between the City, Lakeville Arenas and the Lakeville Hockey Association for the ten year term commencing August 2, 2019. Dated this ______ day of _____________, 2019. INDEPENDENT SCHOOL DISTRICT NO. 194 By:_____________________________________ _______________, School Board Chair And:_____________________________________ ________________, School Board Clerk 200700v6 1 LAKEVILLE ARENAS USE AGREEMENT LAKEVILLE ARENAS USE AGREEMENT dated as of _______________, 2019, (“Agreement”) by, between and among the CITY OF LAKEVILLE, a Minnesota municipal corporation (the “City”), LAKEVILLE ARENAS, a Minnesota Joint Powers Entity, (“Lakeville Arenas”) and the HERITAGE FIGURE SKATING CLUB, a Minnesota non-profit corporation (the “Heritage”). RECITALS WHEREAS, the City is the fee owner of the Lakeville Ames Arena, located at 19900 Ipava Avenue, Lakeville, MN 55044 (“Ames Arena”) which contains two (2) sheets of ice and the HRA is the fee owner of the Lakeville Hasse Arena, located at 8525 215th St. W., Lakeville, MN 55044 (“Hasse Arena”) which contains one (1) sheet of ice (collectively, the Ames Arena and Hasse Arena are collectively referred to herein as the “Arenas”); and WHEREAS, the City and District entered into a Revised and Restated Joint Powers Agreement for Lakeville Arenas between the City and District, dated July 17, 2006 (“JPA”), which established a joint power entity (“Lakeville Arenas”) that is charged with the operation, management and maintenance of the Arenas and leases the Arenas from the City and HRA; WHEREAS, the parties desire to enter into a financing agreement for Heritage’s use of the ice rinks at the Arenas for a capital improvement fund for the Arenas; NOW, THEREFORE, in the joint and mutual exercise of their powers, and in consideration of the mutual covenants contained herein, the parties agree as follows: ARTICLE I DEFINITIONS Business Day: Each day other than a Saturday, a Sunday or a bank holiday in Minnesota. City: The City of Lakeville, Minnesota, its successors and assigns. Default: Any event which, with the giving of notice or lapse of time (whether such notice or lapse of time is required under Section 7.1 or under some other provision of this Agreement), or otherwise, or both, would constitute an Event of Default. Lakeville Arenas: The joint powers entity established under the Revised and Restated Joint Powers Agreement for Lakeville Arenas between the City and District, dated July 17, 2006. Heritage: Heritage Figure Skating Club, a Minnesota nonprofit corporation. 200700v6 2 ARTICLE II TERM Section 2.1. The term of this Agreement shall be ten (10) years commencing on August 2, 2019 and terminating on August 1, 2029. ARTICLE III REPRESENTATIONS AND WARRANTIES Section 3.1. Heritage represents and warrants to the City and Lakeville Arenas that as of the date hereof: (a) Heritage is a nonprofit corporation, duly organized ad existing in good standing under the laws of the State of Minnesota. Heritage has full power and authority to enter into this Agreement, and to perform its obligations hereunder. (b) The execution and delivery by Heritage of this Agreement and the performance by Heritage of its obligations hereunder, have been duly authorized by all necessary action of its board of directors, and do not and will not conflict with, result in a violation of, or constitute a default under, any provisions of its Articles of Incorporation or bylaws or any agreement or other instrument binding upon Heritage or any law or governmental regulation or court decree or order applicable to Heritage. (c) No litigation or governmental proceeding is pending against Heritage which, if decided adversely to Heritage, would have a material adverse effect on Heritage or its business or financial condition. (d) Heritage is not in default in the payment of any of its indebtedness, nor is it aware of any facts or circumstances that would give rise to any such default and, to the best of its knowledge, it is not in violation of any law or government regulation, or court decree or order affecting a substantial part of its property or conduct of its business. (e) This Agreement is the legal, valid and binding obligation of Heritage enforceable against Heritage in accordance with its terms, subject only to bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforceability generally of rights of creditors and applicable principles of equity. ARTICLE IV COVENANTS Section 4.1. So long as this Agreement shall remain in force and effect, Heritage will observe and comply with the following requirements, unless the City or Lakeville Arenas otherwise consent in writing. 200700v6 3 (a) Heritage will maintain and preserve its separate existence as a nonprofit corporation organized under the laws of the State of Minnesota and shall at all times be qualified to conduct its business in the State of Minnesota. (b) Heritage will promptly and faithfully comply with, conform to and obey all applicable present and future laws, ordinances, rules, regulations and other requirements that could materially affect the conduct of the operations of Heritage. (c) Heritage shall give written notice to the City and Lakeville Arenas of the occurrence of any Default or Event of Default immediately after any officer of Heritage becomes aware thereof. ARTICLE V HERITAGE OBLIGATIONS Section 5.1. Payments. (a) Heritage shall pay to the City, on each February 25 and July 25 (or the next Business Day thereafter if the 25th is not a Business Day) the sum of $5,000 (“Payments”), for a total annual amount of $10,000. Notwithstanding the foregoing, Heritage shall make both payments for the first year of this Agreement on August 25th, 2019 for a total amount of $10,000. (b) The City shall deposit the amounts paid under Section 5.1 in a separate fund capital improvements fund controlled by Lakeville Arenas. Use of the Payments shall be determined by Lakeville Arenas. Section 5.2. Lakeville Arenas Facility Use Policy. The City of Lakeville’s Lakeville Arenas Facility Use Policy (“Facility Use Policy”) and all rules and regulations of the Lakeville Arenas, as amended from time to time, shall be and are a part of this Agreement as though they were set out in full herein, and are specifically incorporated as a part hereof by reference. Heritage shall execute a Facility Usage Release and Indemnification Agreement prior to the term of this Agreement or as otherwise required under the Facility Use Policy. Heritage shall also provide the certificate of insurance required under the terms of the Facility Use Policy. Violation of any of the rules and regulations by any player, volunteer or employee of Heritage shall be grounds to bar future use of the Lakeville Arenas by that person, according to the Arena’s policies. Section 5.3. Insurance. Heritage will provide insurance coverage at minimum amount of $1,000,000 for property damage and bodily injury naming the City, Lakeville Arenas, District and HRA as additional insureds on the policy by endorsement pursuant to the terms of the Facility Use Policy. 200700v6 4 ARTICLE VI HERITAGE RIGHTS Section 6.1. Heritage will be provided access to 100 hours of ice time per season pursuant to the City of Lakeville’s Lakeville Arenas Facility Use Policy, dated February, 2019. ARTICLE VII EVENTS OF DEFAULT Section 7.1. Each of the following occurrences shall constitute an Event of Default: (a) Any material representation or warranty made by or on behalf of Heritage herein or in any report, certificate or other document furnished by or on behalf of Heritage pursuant to this Agreement shall prove to be false or misleading in any material respect when made. (b) Heritage shall default in the observance or performance of any of its obligations hereunder and such default shall continue for thirty (30) days after written notice thereof has been sent to Heritage by any of the other parties to this Agreement. (c) The making by Heritage of any general assignment for the benefit of creditors, the filing by or against Heritage of a voluntary or involuntary petition in bankruptcy or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Heritage, the same is dismissed within sixty (60) days) the appointment of a trustee or receiver to take possession of all of Heritage’s assets or property that is not restored to Heritage within sixty (60) days, or the attachment, execution or other judicial seizure that is not discharged within sixty (60) days. (d) Heritage admitting in writing its inability, or be generally unable, to pay its debts as they become due. (e) Heritage is declared insolvent. (f) Heritage assigns this Agreement in violation of the terms herein. (g) If Heritage’s legal existence ceases. Section 7.2. Whenever an Event of Default by Heritage shall have occurred and be continuing, the other parties to this Agreement shall be entitled to: (i) terminate this Agreement and all Heritage’s rights granted hereunder, including any naming rights; (ii) take whatever action at law or in equity may appear necessary or appropriate to collect any Payments and other amounts then due or to enforce performance and observance of any obligation, agreement or covenant of Heritage under this Agreement. 200700v6 5 Heritage shall be responsible for all costs incurred by any party under this Agreement in enforcing this Agreement and all expenses in the exercise of the foregoing remedies, including reasonable attorney fees’ fees and legal expenses incurred. Section 7.3. The failure of the City or, Lakeville Arenas to insist upon strict performance by Heritage of any of the covenants, conditions and terms of this Agreement shall not be deemed a waiver of any subsequent breach or default in any of the covenants, conditions and terms of this Agreement. No Payments by Heritage with knowledge of a default by the City or Lakeville Arenas shall constitute a waiver of default. ARTICLE VIII MISCELLANEOUS Section 8.1. This Agreement shall be construed in accordance with and governed by the laws of the State of Minnesota. Section 8.2. To the extent any provision of this Agreement shall be determined invalid or unenforceable, the invalid or unenforceable portion shall be deleted from this Agreement, and the validity and enforceability of the remainder shall be unaffected. Section 8.3. Heritage agrees to indemnify and hold the City and Lakeville Arenas, their officers, employees, and agents, harmless against any loss, cost, expense, damage or liability arising out of or resulting from any misrepresentation by Heritage under this Agreement or from the failure by Heritage to observe or perform any agreement or undertaking made by it in this Agreement or pursuant hereto. Section 8.4. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under the Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested or delivered personally; and (a) In the case of the City, is addressed or delivered personally to: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Attn: City Administrator (b) In the case of Lakeville Arenas, is address or delivered personally to: Lakeville Arenas 20195 Holyoke Avenue City of Lakeville, MN 55044 Lakeville Arenas Chair 200700v6 6 (c) In the case of Heritage, is addressed or delivered personally to: Heritage Figure Skating Club _________________________ _________________________ Attn:_____________________ (d) Any Party may, upon written notice to the other parties, change the address to which such notices and demands are made. Section 8.5. Any titles of the several parts, Articles and Sections of this Agreement are inserted for convenience only and shall be disregarded in construing or interpreting its provisions. Section 8.6. This Agreement shall be binding upon and inure to the benefit of Heritage, the City, and Lakeville Arenas, and their respective successors and assigns. Section 8.7. This Agreement may not be amended or modified except in writing executed by all parties to this Agreement. Section 8.8. Heritage shall not assign this Agreement without the prior written consent of the other parties to this Agreement. Section 8.9. This Agreement constitutes the entire understanding of Heritage, the City, and Lakeville Arenas with respect to the subject matter addressed and supersedes any prior representations or agreements, whether written or oral, with respect to the subject matter hereof. Section 8.10. This Agreement shall terminate in accordance with Sections 2.1 or 7.1 of this Agreement. Section 8.11. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above written. [Remainder of page intentionally left blank] [Signature pages to follow] 200700v6 7 CITY OF LAKEVILLE By:____________________________ Douglas P. Anderson, Mayor By:____________________________ Charlene Friedges, City Clerk 200700v6 8 LAKEVILLE ARENAS By:___________________________ ______________________, Its Chair 200700v6 9 HERITAGE FIGURE SKATING CLUB By:____________________________ ______________________, Its President 200700v6 10 CONSENT TO CONTRACT Pursuant to the terms of the Revised and Restated Joint Powers Agreement for Lakeville Arenas between the City of Lakeville (“City”) and Independent School District No. 194 (“District”) dated July 17, 2006, the District hereby consents to the Lakeville Arenas Use Agreement between the City, Lakeville Arenas and the Heritage Figure Skating Club for the ten year term commencing August 2, 2019. Dated this ______ day of _____________, 2019. INDEPENDENT SCHOOL DISTRICT NO. 194 By:_____________________________________ _______________, School Board Chair And:_____________________________________ ________________, School Board Clerk