08-25-14 Regular Meeting of La Porte City Council

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fencing, parking lots, sidewalks, turf areas, at the facilities listed in Exhibit A, and the remainder of Lomax Park. The City has purchased the majority of the new fencing, pens, and chutes that are included in and around the Arena; however, the Association will be responsible for maintenance and replacement of all fencing and pens in the Rodeo Arena area either existing or in the future, including those purchased by the City. The Association agrees to the use of the Rodeo Arena fencing and pens by the general public during Open Use periods and by private parties using the Rodeo Arena on a rental basis. The Association will manage all operations related to facility and grounds maintenance at the facilities designated in Exhibit A, except for specific events in which the Association requests special grounds maintenance, at which time the City and Association will work together to produce the conditions necessary for a successful event. The City reserves the right to close any or all of the facilities set maintenance purposes, for inclement weather, or other reasonable cause. The City and included as a part of this Agreement, to the Association to operate said Rodeo Arena and facilities for the conduct of its fundraising events, youth recreation and training events, and rentals to third parties on a year round basis, for each year that this Agreement is in effect. The Association shall have exclusive right and responsibility for scheduling, organizing and conducting said events and rentals at the Rodeo Arena facilities listed in Exhibit A. Such scheduled events that are scheduled shall be posted on the bulletin board on the east side of the Support Building wall at least one (1) week in advance of the event, so as to notify the public for Open Riding, as described elsewhere in this agreement. The City reserves the right to close the facilities fields for maintenance purposes, for inclement weather, or other reasonable cause. The Association agrees to allow the City up to 30 dates per year for use by the City to provide special recreation programming, concerts, and other events that are in the public interest to be hosted at the Rodeo Arena and associated facilities . These City dates, booked by January 15th each year, will include no more than fifteen (15) of those dates scheduled on Saturdays. The balance of free days may involve any day of the week other than Saturday. Should the City dates not be booked by January 15th each year, the dates will then be booked by either the City or the Association Should the City wish to utilize the Arena on dates other than the specified thirty days, they may do so at the daily rate established for other rentals, provided no rental has been accepted for that date. The Association is allowed to rent the facility to third parties for any days during the year and all revenues produced by such facility rental operations shall belong to the Association. The Association is allowed to set up a Deposit Charge to pay for potential damages to the facility as a result of said rental. Such charge for Deposit conditions are not met, the Association may keep some or all of the Deposit amount to cover the damage or cost to repair or clean, as determined by the Association representative. The City and Association will agree on a fair and equitable Deposit for the use the portions of the facility to be rented, which agreement must be in writing. Furthermore, neither the City or the Association shall change the Deposit rate to be charged, without specific written agreement signed by both parties. The Association will organize and prepare the official schedule for dates requested by the City, for dates reserved for Association use, and dates for rentals to third parties. Revenues generated by said rentals must be used to further the mission of the Association to provide either directly or indirectly to youth programming, youth scholarships, or other activity Page 2 of 9