Department of Public Services Division of Public Ways and Parks Perry Huffaker, Manager Ogden Pioneer Stadium Background Information The Ogden Pioneer Stadium is owned and maintained by Ogden City Corporation. Management of the stadium is through the Public Ways and Parks Division of the Public Services Department. The office is located at 133 West 29th Street, Ogden, UT 84401, (801) 629-8284. Office hours are 8:00 am - 5:00 pm, Monday through Friday (closed holidays and weekends). The Pioneer Stadium spans 7.47 acres and is located at 668 17th Street. The arena floor is 150’ wide by 333’ in length. Audience Area The Ogden Pioneer Stadium is an outdoor venue with seating for a total capacity of approximately 12,000 people. There are three types of seating available, 366 fixed box seats on the west side of the arena, fixed general stadium seating on the north side which will seat approximately 4,810, the south side will seat approximately 6,672. Concession Area The concession area is situated north and south of the log cabin on the west side of the facility. The concession area is approximately 12,000 square feet and has both 110 and 220 power supplied. Additional concession areas are located throughout the facility and are available with 110 power supply only. Equipment and Lighting The facility has grooming equipment to condition the arena floor. Stadium lighting is available upon request and reservation. Sound system is not available. Other Amenities Ogden Rodeo Cabin has been refurbished and is available to be rented with the facility as a whole or separately. The fully furnished cabin has a full kitchen, large restrooms, heating and air conditioning. At the West end of the stadium a small first aid room is available. There are three restrooms located inside the stadium. Access and Parking Ample free parking is available in the following locations. Parking within the facility if needed, 150 stall parking lot on the west end of the facility, a 50 stall parking lot on the east side of the facility, 200 car open parking on the south side of the facility across the river with bridge access available for the entire area, and over-flow parking in the parks on both the west and east side of the facility. Page 1 of 8 Ogden Pioneer Stadium Rental Agreement Short Term Rental Agreement This short term lease agreement made and entered into this day of and between Ogden City Corporation, AS LESSOR, hereinafter called “CITY”, , 20 , by and , hereinafter called “LESSEE”, to lease the OGDEN PIONEER DAYS STADIUM, which is owned by the City, solely on the dates indicated and solely for the specific purpose specified. The specific purpose is: To be considered a scheduled event, an approved lease agreement and Special Event application must be on file with Ogden City Corporation. Ogden City reserves the right to deny approval of special events that do not comply with Ogden City ordinances and/or policies. Rental Term A. Event Dates and Times: B. Setup Date and Time: C. Cleanup Date and Time: Cleaning Deposit The LESSEE agrees to clean up inside the stadium and the parking areas. The LESSEE agrees to clean the stadium grounds free of all papers, cans, glass, metal or any other substance brought in by or accumulated due to the event. A cleaning deposit of FIVE HUNDRED DOLLARS ($500.00) is required. If the stadium premises are left in a clean and satisfactory manner, FOUR HUNDRED FIFTY DOLLARS ($450.00) of the cleaning deposit will be refunded to the LESSEE within thirty (30) working days after the event, subject to inspection and approval by the Public Ways and Parks Division. In the event the facilities are not cleaned, the LESSEE will forfeit the cleaning deposit. The CITY may assess additional charges if the cleaning deposit does not cover all expenses. Restroom Maintenance The CITY will provide clean and supplied restroom(s) for the event. LESSEE is responsible to see that the restrooms are cleaned, maintained and no damage or vandalism is done to fixtures therein during this time period. In the event that additional restroom facilities are deemed necessary by Weber County Health Department and/or State of Utah regulations, the LESSEE shall be responsible for any additional charges to provide additional portable sanitary units to conform to Health Code requirements. Rental Fees LESSEE agrees to pay the following rental fees and cleaning deposit for the lease and use of said facilities: (Please see “Fee Worksheet - Page 8” to calculate rental fees due) RENTAL FEES DUE: $ TOTAL CLEANING FEES DUE: $ These fees are estimations of the actual expenses based on current rates and past experience, and are subject to increase. In the event the fees are not adequate to pay the actual costs, LESSEE shall forthwith, upon billing, pay the CITY said excess amount within ten (10) days from date of billing. Page 2 of 8 Continued – Rental Agreement Cancellation Policy This lease may be canceled by either party by providing written notice no later than seven (7) working days prior to commencement of the lease. Lessee agrees to pay the CITY for any and all costs incurred prior to a seven (7) day written cancellation of this rental agreement together with a fifty-dollar ($50.00) cancellation fee. If the cancellation notice is less than seven (7) days, a 50% refund of total fees will be given. Concessions The approval of this lease agreement does not give the LESSEE approval to sell souvenirs, foods, drinks or alcohol. If alcohol is to be sold, proper licenses through the city and state must be obtained. For all food sales, a food handler permit is required and may be obtained from the Weber County Health Department. The CITY may collect a percentage on all concession and beer sold. Insurance Use of the Pioneer Stadium requires the LESSEE to maintain for the duration of the lease, insurance against claims for injuries to person or damages to property that may arise from or in connection with lease agreements by LESSEE its agents, representatives, employees or subcontractors. LESSEE shall provide insurance not less than $2,000,000 combined single limits per occurrence for bodily injury, personal injury and property damage. Limits of liability amount must meet City requirements before the lease agreement is approved. Insurance policy shall be written by a company licensed to do business in the state of Utah and acceptable to the City. Certificates of insurance together with appropriate endorsement shall be furnished to City prior to the commencement of agreement. The endorsement must state that Ogden City, its elected and appointed officials, employees, volunteers and agents are named as Additional Insureds for Insured’s event at the Pioneer Stadium. The endorsement must also state that insurer shall provide 20-days written notice to additional insured for any changes to policy, attn: Ogden City Risk Manager, 2549 Washington Blvd., Suite 820, Ogden, UT 84401. The City shall be furnished with original certificates of insurance and endorsements. LESSEE insurance shall be primary insurance and City insurance shall not contribute to it. LESSEE shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. LESSEE may be required to increase the liability insurance amount and secure additional insurance depending upon the type and size of the event. Indemnification and Waiver of Claims by Lessee of Lessor LESSEE agrees to indemnify and hold harmless City and its elected officials, officers, its authorized agents, employees and volunteers from and against any and all claims, damages, demands, cause and charges arising out of or by reason of LESSEE’S performance or failure to follow the Ogden Pioneer Stadium lease agreement. Non-Assignability This lease agreement is not assignable by the lessee either in whole or in part, nor shall the LESSEE sublet the leased premises or any part thereof without written permission of the CITY. Notices All notices herein required to be given or which may be given by either party to the other, shall be deliverable, in writing, to the following address: Director of Public Services Ogden City Public Ways and Parks 133 West 29th Street Ogden, UT 84401 (801) 629-8284 Page 3 of 8 Continued – Rental Agreement In the event the LESSEE breeches this agreement and legal action becomes necessary to enforce the terms hereof, LESSEE agrees to pay all court costs and a reasonable attorney’s fee. Failure to conform to the terms of this agreement, or other just cause may result in the CITY terminating this agreement at any time prior to the commencement of the lease. LESSOR: Ogden City, a Municipal Corporation BY: Jay M. Lowder, Director Public Services Department ATTEST: Tracy Hansen, City Recorder LESSEE: BY: Authorized Representative Page 4 of 8 Ogden Pioneer Stadium Reservation Form Today’s Date: Date(s) of Use: Time(s): **All dates and times must include set-up and takedown time.** Facility Request (check all that apply): Rodeo Cabin Concession Area Rest Rooms Fixed Seating Additional Holding areas Additional Seating General Information: Your Name (contact person): Name of Group/Organization: Address: Zip City Phone: Day Evening Estimated Attendance _ _________ Is event open to the public? Yes Will participants be charged for admission? Yes Will food be served? Yes Will alcohol be served? Yes State Email: No No No No (If yes, Special Event Application must be completed.) (Business license required) Will food be sold? Yes No Will alcohol be sold? Yes No AGREEMENT I the undersigned, in consideration of use of the Ogden Pioneer Stadium, agree to abide by and enforce all of the rules and regulations pertaining to the use of the facility. User agrees to be solely responsible for any and all liability, claims, loss, damages, costs and expenses, including legal fees, arising out of or resulting from any injury to person(s) or damage to property that arises out of use of the facility. User agrees to defend, indemnify and hold harmless Ogden City Corp, its officers, agents, employees and volunteers against any and all such claims, demands, causes of action, suits and expenses, arising out of or resulting from use of the facility. I understand that damage amounts and/or cleaning costs may exceed the deposit(s) paid. I understand that the cleaning of the facility is my responsibility and agree to be responsible for properly cleaning the facility (including the exterior and seating areas) and putting away all equipment and furnishings used. I also understand the following restrictions may be imposed: 1. All or portions of deposits may be retained if all rental conditions are not met, if local, state or federal laws are broken, or if any part of this application is found to be inaccurate or fraudulent. 2. If the function goes beyond the agreed upon rental times, a rate of twice the regular hourly rate will be imposed for additional hours of use. 3. Ogden City Corp reserves the right to cancel this agreement as deemed necessary by Ogden City Corporation; its staff or management. I also understand by reserving this facility, I am committed to the full terms of the rental agreement and if it is necessary to cancel or change the date of use, deposits will be forfeited. The reason for this is when a reservation is made; all other requests for use during the same period are denied. THE SIGNATURE BELOW CERTIFIES THAT I HAVE READ, I UNDERSTAND, AND I AGREE TO ALL OF THE PROCEDURES, RESTRICTIONS, AND CONDITIONS OF THIS AGREEMENT AND, AS A REPRESENTATIVE OF THE ABOVE LISTED GROUP/ORGANIZATION, SIGN THIS AGREEMENT OF MY OWN FREE WILL. Signature Date OFFICE USE ONLY: Rental Fees (from fee calculation worksheet): $ Deposit Fees: $ Partial Payment: Received by: $ Balance Due (no later than two weeks prior to event): Receipt # Date: Final Payment: Received by: $ $ Receipt # Date: Page 5 of 8 Ogden Pioneer Stadium Regulations and Policies 1. The Ogden Pioneer Stadium is available for rent by organizations wishing to hold private functions. With special approval, organizations may also be allowed to hold fund raising events open to the public. In such cases, additional deposits, fees, and rental requirements will be assessed. 2. Use of the Ogden Pioneer Stadium requires the sponsoring organization to provide a minimum of $2,000,000 of liability insurance naming Ogden City Corporation; it’s elected and appointed officials, employees, volunteers and agents as additional insured. Depending upon the type and size of the function, this amount may be increased. 3. A deposit of 50% of the total rental amount will be required in order to consider the facility reserved. 4. All fees and security/cleaning deposits must be paid in full, a minimum of 14 days prior to the rental date. 5. If all rental requirements are met and the facility is left clean and undamaged, all but $50 of the security/cleaning deposits will be returned by check within 30 days after the event. 6. In the event there is damage to the facility or staff time is required to return the facility to an acceptable level of cleanliness, these charges will be deducted from the security/cleaning deposit. This process may require holding all or a portion of the deposits up to 30 days. 7. If the cost of damages and/or cleaning exceeds the deposits paid, the renter is financially responsible for those costs. 8. All decorations, fixtures, equipment and/or supplies will be removed from the facility immediately after the function is over. 9. All City, County, State and Federal laws and ordinances will be enforced. 10. Ogden City will have the authority to disperse any group for failure to comply with listed policies and/or laws governing the use of the facility. 11. No alcohol will be allowed during functions open to the public unless state and local permits have been obtained. 12. Functions not open to the public where alcohol (other than beer) will be consumed will require approval from the Utah State Division of Alcohol Beverage Control. This includes champagne toasts, wine, and hard liquor. If beer is to be served or sold, a Class E Beer license (issued by the City) will be required in addition to the approval from the UDABC. Additional fees, deposits, insurance and security will be required when alcohol is served or consumed. 13. All alcohol consumption is confined to the seating area (including the concession area) of the Pioneer Stadium. No alcohol may be brought into the facility by patrons of an event. Alcohol may only be sold in the concession area. 14. No bicycles, roller skates, in-line skates, skateboards, scooters or any other human propelled transportation devices (excluding wheelchairs) are allowed within the facility. Page 6 of 8 15. State law prohibits smoking in any area of the Ogden Pioneer Stadium other than those designated. 16. Some functions will require security personnel. The number of officers, type of officers (Police, Reserves or private security), and times required are at the discretion of Ogden City Corporation. Any private security used must be licensed, bonded and approved by Ogden City Corporation 7 days prior to the event. 17. All Rental conditions are general in nature and, based upon City review, additional requirements may be imposed. 18. Event will be required to be over by 10:00 p.m. and will be incompliance with all city noise ordinances and regulations. Only partial stadium lighting will be supplied after 10:00 p.m. to close the event. I, the undersigned, have read, understand and agree to abide by the afore stated policies and regulations numbered 1 to 18. My signature certifies all information provided to Ogden City Corporation is true. I understand and agree that misrepresentation of facts or omission of material fact herein may cause the forfeiture of my deposit. I understand that Ogden City Corporation may assign and bill me for all administrative costs necessary to enforce these regulations. I also understand that the use of the facility is granted upon the express condition that Ogden City Corp shall be held free from all liability and claims for damages to persons or property in or upon city property during such time as the facility shall be under this agreement. The applicant and all others using the facility hereby waive any claims against Ogden City Corporation, its officers, employees and/or agents from any and all claims which may arise as a result of the use of said facility. In order to protect Ogden City Corporation in this regard, the applicant shall secure, carry and maintain at all times during the term of this agreement, general liability insurance in the amount of not less then $2,000,000 naming Ogden City Corporation as additional insured. IN SIGNING, I HAVE READ AND UNDERSTAND ALL POLICIES AND SIGN THIS AGREEMENT OF MY OWN FREE WILL. Name Date (PLEASE PRINT) Signature Page 7 of 8 Ogden Pioneer Stadium Fee Work Sheet Item Days Required Fees Pioneer Stadium (if admission is charged) Pioneer Stadium (no admission charged) Park Staff (4 hour minimum) Hours Rate Unit $ 1,000.00 Daily $ $ 500.00 35.00 Total Daily Hourly Total Required Fees Due Optional Fees Log Cabin $ 250.00 Daily Alcohol Permit $ 50.00 Event Lights $ 50.00 Hourly Restroom Attendant and Supplies $ 40.00 Hourly $ 35.00 Hourly $ 500.00 Event (Includes 2 employees) Arena Grooming (during event, includes equipment) Deposit ($450.00 refundable) Arena/Holding Pins Alterations $35.00 Hourly (4 hour minimum) Additional Equipment and Labor Total Optional Fees Due Total Fees Due Page 8 of 8