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2019-05-13 STMA Arena Board AgendaSTMA ARENA BOARD AGENDA MONDAY, MAY 13, 2019 ALBERTVILLE CITY HALL 6:00 PM 1.CALL TO ORDER – ROLL CALL 2.ADOPT AGENDA 3.2018 AUDIT PRESENTATION – ABDO, Andy Berg (separate attachments) (Motion to accept 2018 audit report as presented) 4.APPROVAL OF THE MINUTESOF APRIL 8, 2019 (pgs. 1-3) 5.FINANCE REPORTS a)Approve the Aprillist of claims as presented in the amount of $159,172.09 and April report (pgs. 4-7) 6.ARENA MANAGER a)Monthly report (pg. 8) 7.OLD BUSINESS a)ATM Agreement (pgs. 9-14) b)Water Treatment (pg. 15) 8.NEW BUSINESS 9.YOUTH HOCKEY ASSOCIATION 10.ADJOURN P:\\Arena\\2019 STMA Ice Arena\\2019 Arena Agendas\\2019-05-13\\051319 STMA Agenda.doc ST. MICHAEL-ALBERTVILLE ICE ARENA BOARD MINUTES April 8, 2019 6:00 p.m. Present: Chairman Kevin Kaseland membersLarry Sorensen, Tim Lewis, John Vetsch, Kari Dwinnell and Keith Wettschreck. Member Aaron Cocking was absent. Also present: City Administrator Adam Nafstad, City Finance Director Tina Lannes, STMA Arena Manager Grant Fitch, Garret and Karl from STMA Youth Hockey Association. The meeting was called to order at 6:05 p.m. by Chairman Kasel. Set Agenda MembersSorensen/Dwinnell moved to set the agenda as presented. All voted aye. Approval of Minutes MembersVetsch/Lewis moved to approve the minutes of the March 11, 2019 BoardMeeting with name correction amendments. All voted aye. Finance Reports Lannes summarized the finance report to the board and pointed out that under Capital Improvement Fund the balance will reduce greatly due to the Resurfacerwill be delivered this week so final payment of just under $140,000 will be made. Members Wettschreck/Sorensen moved to approve the March list of claims totaling $40,698.80 and the MarchFinancial Report as presented.All voted aye. Arena Manager’s Report Fitch reported that the Mighty Ducks money has been received by the school and thatthe Knights 2 Remember Event went well. Fitch continued updating the board on the progress of the refrigeration connection, delivery of the Resurfacer this week and surrounding area projected ice rates for 2019- 2020 season. Fitch informed the board that there is an issue with the sun setting on the west side of the rink that there is a thirty minute window where it is blinding to players. Staff has put up a black divider for a temporary solution, but are looking into more of a permanentsolution such as blinds or 3M coating. Nafstad stated that staff would come back at a future meeting with options. Nafstad updated the board on a vendor that has wanted to put in an ATM with an advertising Kiosk and summarized the terms of the agreement in which the STMA arena would receive 60% of the revenue with a minimum of $4,200 annually. There was discussion on location and school ad policy since the vendor was looking for it being located in the new building. There was also discussion on the current ATM staying in the old lobby if the provider wanted to keep it there. Staff summarized the draft agreement with the vendor. The board discussed having the school board look at the agreement, display, location and advertising prior to approval. Karl from STMA Youth Hockey Association questioned having a separate vendor since they have an arrangement with the board to handle advertising in the arena. Nafstad acknowledged their concern, but noted that in the advertising agreement that was entered into with the STMA Youth Hockey Association was written with the exception of ATM Kiosk and digital boards. Member Sorensen suggested that the board table the item and bring it up at the joint governance meeting at the end of the month. It was tabled. Nafstad reported to the board that part of the building project is to combine or have one mechanical room to house the two ice resurfaces. The old sheet currently uses R/O cold water and the new sheet STMA Arena Board Mtg 05/13/19 Page 1 STMA Ice Arena April 8, 2019 Minutes Page 2 has hot water and for operations staff would like the board to discuss options to use hot water for both sheets of ice. Nafstad went through four options available with the board that is moving toward both sheets using hot water. The preferred end result would be to install a new R/O and hot water heaters designed to serve both ice sheets, but realizing budget constraints other options are to phase it in over time. The board discussed the options and how they are funded. Chairman Kasel noted in the end the preferred system is R/O and hot water for both sides, but suggested going with option 1 and using the current hot water heater for both sides for this year and then move towards the upgrade. Kasel also mentioned that each member should bring these options back their respective boards for their opinion. This item was tabled where it will be brought to each entities board. Old Business Lannes presented the draft budget for 2019 with changes including asummer rate from $130 per hour to $155 per hour, the prime rate from $200 per hour to $205 per hour, and the game rate from $240 per hour to $245 per hour which brings the budget shortfall to $33,546.76. Chairman Kasel asked what do the rates need to be at to breakeven. Lannes mentioned $220 per hour for prime rate for 2019. Lannes also informed the board that the budget has to balance so if they wanted to adopt the budget as it is presented a line item in revenue would be added to state funds from cash balance or the three entity split for the contract. The board discussed options for balancing the budget including rates. Nafstad mentioned taking about a rate increase across all rates brining prime rate to $215, summer rate to $165 and game rate to $265. Member Wettschreck asked staff if there are any expenses that can be looked at and decreased. Nafstadstated we are only working with 3-4 months of utilities budget, but it is our best estimate but usually energy consumption increases in the summer. Nafstad also pointed out we pushed ice rental to the max for busy season using all available ice time in the budget and working planning for greater concession revenues. They discussed other revenue options such as Sunday nights during the season or more summer ice sales.The board discussed increase in rates to cover the expenses without subsidizing the arena. Members Vetsch/Sorensen moved to adopt the 2019 budget with the prime rate at $215, summer rate at $165 and game rate at $265 effective April 8, 2019. All voted aye. Karl from Youth Hockey Association asked the board if there was a way they could look at increasing the sellable advertising space so they could offset the rate increase on their organization and members. The board directed Nafstad to discuss this item with Ann-Marie Foucault. New Business Fitch asked the board if there would be an interest in using live barn which is a live feed of rinks that follows the puck at no cost to the facility. The Arena would receive a portion of the money paid by membership/subscribers quarterly. The board directed staff to discuss this option with STMA Youth Hockey Association and the School District because the players, minors, would be on camera. Nafstad would also like to look at control issues for live barn also. Member Dwinnell excused herself from the meeting at 6:56 p.m. Fitch was contacted by Birdie for Brains about a putting a plaque in the facility dedicated to Harv and was asking the board for direction. Chairman Kasel stated if they want it in the new facilitythey would need to go through the school. Nafstad added that they will be directed through STMA Youth STMA Arena Board Mtg 05/13/19 Page 2 STMA Ice Arena April 8, 2019 Minutes Page 3 Hockey as well and have them address it and will come back through the STMA Arena Board for approval. Member Vetsch asked if we could send a picture to the new rink to Kraft and say thank you. Nafstad said staff could do that. There was a short discussion on policy for skaters and coaches to wear helmets for non-sanctioned high school event or association. Staff will look into a possible policy and check the liability if it would change exposure. This discussion will come back at a later date after staff research. Adjourn Members Sorensen/Lewis moved to adjourn at approximately 7:06 p.m. All voted aye. Attest: _________________________________ Tina L. Lannes, City Finance Director STMA Arena Board Mtg 05/13/19 Page 3 STMA Ice Arena Budget to Actual April2019 (Cash Basis) 2019 YTD April 2019 2019 Actual % of 2019 BudgetActualYTD 4/30/19Budget Income 41.29% Ice Rental $600,346.76 $5,668.75 $247,910.42 67.91% Concessions$55,000.00 $2,926.25 $37,350.00 Room Rental $0.00 $60.00 $60.00 Other Revenues (Advertising/LMC/Ins 3.40% Claims)$20,000.00 $0.00 $680.42 21.14% Vending$2,000.00 $110.80 $422.80 83.98% Open Skate/Hockey, etc.$7,000.00$834.80 $5,878.80 0.00% Interest$1,600.00 $0.00 $0.00 Misc. Revenue$400.00 $12.00 $205.00 Total Income 42.62% $686,346.76 $9,612.60 $292,507.44 Expenses 32.02% Salaries, Wages, Taxes & Benefits$309,784.00 $20,988.83 $99,198.43 36.09% Supplies (Office, Misc.)$1,500.00 $292.55 $541.36 70.45% Supplies (Concession)$17,600.00 $1,348.65 $12,398.83 78.81% Fuel, Misc.$1,200.00 $196.38 $945.70 47.54% Professional Services$24,000.00 $463.16 $11,410.35 81.63% Sales Tax $4,508.00 $601.56 $3,679.88 32.88% Telephone$1,700.00 $148.82 $558.90 17.64% Electric$155,000.00 $6,733.06 $27,340.53 30.05% Gas$60,000.00 $4,027.45 $18,032.90 32.26% Water $30,000.00 $1,734.81 $9,676.52 33.89% Refuse$2,500.00 $0.00 $847.13 75.94% Insurance$20,000.00 $0.00 $15,187.00 0.00% Education and Training$1,500.00 $0.00 $0.00 33.33% Administration $13,019.76 $1,084.98 $4,339.92 72.92% Misc.$3,035.00 $74.37 $2,213.13 7.21% Repair Maintenance – Machinery$11,000.00 $163.00 $792.67 24.10% Repair Maintenance – Building $30,000.00 $1,361.68 $7,228.74 Total Operating Expenses$686,346.76 $39,219.30 $214,391.99 31.24% Net Income/Loss $0.00 ($29,606.70)$78,115.45 STMA Arena Board Mtg 05/13/19 Page 4 STMA ICE ARENA CASH BALANCES AND RECEIVABLES April 30, 2019 Cash Balance Operations Cash Balance Operations 1/1/19 $ 80,695 Add Revenues (collected in 2019)$ 292,507 Less Expenses $(214,392) Est. Cash Balance Operations 4/30/19 $158,811 Accounts Receivable (invoiced) Operations April 30, 2019 - $1,580 Cash Balance Dedicated Capital Improvement Fund Arena Owner Dedicated Cap. Imp. Fund Beginning Balance 1/1/19$156,581 Furniture($10,798) Zamboni($139,676) Donations (via City of Albertville Water Bill)$67 Invoiced St. Michael $15,000 Invoiced ISD 885 $15,000 Invoiced City of Albertville$15,000 Balance 4/30/19 $6,174 STMA Arena Board Mtg 05/13/19 Page 5 STMA Ice Arena Vendor Check Detail Register CITY OF ALBERTVILLE April 2019 Check AmtInvoiceComment Paid Chk# 007254E4/1/2019 AMERIPRIDE SERVICES, INC. E 810-00000-405 Repair/Maint - Buildings$16.002201161328Arena Mats,mop E 810-00000-405 Repair/Maint - Buildings$16.002201166749Arena Mats, mop E 810-00000-405 Repair/Maint - Buildings$35.062210082515Arena Mats Paid Chk# 007272E4/2/2019 SIGNAPAY E 810-00000-300 Professional Srvs (GENERAL)$71.66Arena CC fees Paid Chk# 007284E4/22/2019 BCBS OF MINNESOTA E 810-00000-130 Employer Paid Ins (GENERAL)$722.0019040230218Emp Health Ins E 810-00000-130 Employer Paid Ins (GENERAL)$3,190.5019040230218Emp Health Ins Paid Chk# 007285E4/9/2019 CTM SERVICES, INC E 811-00000-500 Capital Outlay (GENERAL)$139,676.004029Olympia Millennium E purchase Paid Chk# 007287E4/10/2019 COMDATA ARENA E 810-00000-252 Food/Concessions For Resale$45.96Arena concessions Paid Chk# 007290E4/10/2019 WRIGHT HENNEPIN COOP ELECTRIC E 810-00000-381 Electric Utilities$27.95Arena Fire Panel Monitoring 5/31/19 E 810-00000-381 Electric Utilities$10.74Arena Elevator Monitoring 4/30/19 Paid Chk# 007295E4/15/2019 WATSON COMPANY E 810-00000-252 Food/Concessions For Resale$917.73897422Arena concessions Paid Chk# 007302E4/15/2019 FERRELLGAS E 810-00000-212 Motor Fuels$58.891105458015Propane E 810-00000-212 Motor Fuels$125.491105592282Propane E 810-00000-212 Motor Fuels$12.00RNT7763211Cylinder Rack 3/1/19-2/29/20 Paid Chk# 007305E4/15/2019 AMERIPRIDE SERVICES, INC. E 810-00000-405 Repair/Maint - Buildings$23.022201172545Arena mops,mats E 810-00000-405 Repair/Maint - Buildings$23.262201178108Arena mats,mops Paid Chk# 007306E4/19/2019 MN DEPARTMENT OF REVENUE E 810-00000-315 Sales Tax$601.56Arena Sales Tax Paid Chk# 038779 4/1/2019 ADVANCED FIRST AID, INC. E 810-00000-200 Office Supplies (GENERAL)$146.000319-042replacement kit CR+/Express AED battery & electrodes Paid Chk# 038791 4/1/2019 SAFETY SIGNS LLC E 810-00000-300 Professional Srvs (GENERAL)$97.50181185Arena Traffic Control Paid Chk# 038792 4/1/2019 SEATING & ATHLETIC FACILITY E 810-00000-405 Repair/Maint - Buildings$275.00January 2019StMA Ice Arena Original Rink-Fixed Hand Rails Paid Chk# 038799 4/10/2019 CHARTER COMM-ARENA E 810-00000-321 Telephone$34.0901315380324Arena Cable 8352305160131538 STMA Arena Board Mtg 05/13/19 Page 6 STMA Ice Arena Vendor Check Detail Register CITY OF ALBERTVILLE April 2019 Check AmtInvoiceComment Paid Chk# 038801 4/10/2019 NAPA AUTO - ST. MICHAEL E 810-00000-404 Repair/Maint - Machinery/Equip$45.66158370Arena filters/oil for zamboni repair E 810-00000-404 Repair/Maint - Machinery/Equip$25.67159291Arena filter,drain pan,brake kleen Paid Chk# 038811 4/15/2019 CENTERPOINT ENERGY E 810-00000-383 Gas Utilities$4,027.455898 Lachman Avenue NE 5390131-0 Paid Chk# 038813 4/15/2019 CJ S LINEN SERVICE E 810-00000-399 Miscellaneous$22.5034934rags & rugs Paid Chk# 038814 4/15/2019 CONTINENTAL SAFETY EQUIPMENT E 810-00000-300 Professional Srvs (GENERAL)$294.0044959610PPM No2 Arena Cal Gas Paid Chk# 038816 4/15/2019 CULLIGAN E 810-00000-405 Repair/Maint - Buildings$21.00101X3239830DI Carbon Standby Rental Service 4/1/19-4/30/19 Paid Chk# 038822 4/15/2019 GREAT LAKES COCA-COLA DISTRIB E 810-00000-254 Soft Drinks/Mix For Resale$384.963638208443Arena concessions Paid Chk# 038850 4/18/2019 SCR, INC - ST. CLOUD E 810-00000-405 Repair/Maint - Buildings$740.00C003443Arena Monthly Blanket Billing Paid Chk# 038853 4/18/2019 XCEL ENERGY E 810-00000-381 Electric Utilities$6,694.376333852765898 Lachman Avenue NE 51-5873315-4 Paid Chk# 038855 4/25/2019 ACE OF ALBERTVILLE - ARENA E 810-00000-405 Repair/Maint - Buildings$5.99106854/1splshls blch 116oz clrx E 810-00000-405 Repair/Maint - Buildings($5.99)106945/1stencil nbr&ltr 4" E 810-00000-405 Repair/Maint - Buildings$7.99106988/1conduit emt 3/4"x10" E 810-00000-405 Repair/Maint - Buildings$14.99107059/1rope poly 1/2"x50' yellow E 810-00000-405 Repair/Maint - Buildings$12.00107088/1mis tint paint E 810-00000-405 Repair/Maint - Buildings$36.97107094/1ryl int egg ltx ultr gl,state paid care fee,paint brsh E 810-00000-405 Repair/Maint - Buildings$62.91107130/140# system saver pellets E 810-00000-405 Repair/Maint - Buildings$17.48107139/1staple 3/4" nm wire 15pk,adapter ac universal E 810-00000-405 Repair/Maint - Buildings($14.99)107147/1adapter ac universal E 810-00000-405 Repair/Maint - Buildings$43.99107228/11/2x3 sleeve anchors Paid Chk# 038857 4/25/2019 CHARTER COMM-ARENA E 810-00000-321 Telephone$114.7301317020410Arena Voice 8352305160131702 Paid Chk# 038859 4/25/2019 METLIFE-GROUP BENEFITS E 810-00000-130 Employer Paid Ins (GENERAL)$463.00Emp Life,Dental,Stdis,Vision Paid Chk# 038860 4/25/2019 PREMIUM WATERS INC E 810-00000-405 Repair/Maint - Buildings$31.00802827-03-19water delivery 810 STMA ARENA $19,496.09 811 Arena Dedicated Cap Imp Fund $139,676.00 $159,172.09 STMA Arena Board Mtg 05/13/19 Page 7 MANAGER’ GENERAL UPDATE th Date:May 13,2019 To:STMA Arena Board From: Grant Fitch, STMA Arena Manager ARH-A RENA ENTAL OURSPRIL NamePrime-time Off-peak AAA Hockey 113 hours Adult Hockey 0 hours High School Boys/Girls 0 hours Public Skating/OH 46 hours Private rentals 6hours Learn to Skate 0 hours ________________________________________________________________________ Total hours 165 (1 sheet) Total hours 2018 107 (1 sheet) th Gold Rink (Old):Cleaning and Descaling of all piping on the old sheetbegan May 7and th should be complete May 10 th Construction:Installation of new gates to mechanical room start May 9 should be complete in rd about 3 days. Tentative project completion date June 3 th New Battery Olympia: delivered April 9, all full time staff trained and happywith how it operates. No air quality monitoring with battery resurfacer and Ice edger on the new sheet. Alarming (HVAC):Working with the school to set up the proper contacts for detecting and servicing alarmson the new dehumidification system. Albertville Friendly City Days:Working with Hockey Finder to sponsoran 8 team Adult ththth Men’s Hockey Tournamenton the weekend of June 7, 8 and 9 thst Summer Hockey Camps:Start date June 13and run through July 31 Spring Maintenance projects: Building Clean up: Rink floor and bleachers, etc. Touch up Painting: Locker rooms, players boxes, lobby, corridor and bathrooms Rink Board cleaning: puck marks on boards and Ad panels Rink Glass Cleaning: Interior and exterior Machine maintenance Snow pit clean and repair Paint / repair: 1 set of hockey nets Rubber matting replacement Repurpose old coaches room and storage rooms STMA Arena Board Mtg 05/13/19 Page 8 ATM Agreement Date:April 4, 2019 To:STMA Arena Board From: Grant Fitch, Arena Manager For your consideration, attached is an agreement to have an ATM with an advertisement kiosk placed in the main lobby of the new arena. This agreement wouldgenerate a minimum of $4,200, annually. If the agreement is desirable by the Board, we will create Exhibit A showing the ATM located under the stairway in the main lobby. We do currently have an ATM in the old lobby, which we plan to keep. Exhibit B, which is the kiosk ad, will look like the pictures below: STMA Arena Board Mtg 05/13/19 Page 9 ATM LOCATION AGREEMENT This Agreement is made and entered into effective __________________, 2019 between Infinit Technologies, LLC ("Infinit") and STMA Arena Board ("Arena"). 1.Equipment: Arena agrees that Infinit may own, install, operate and maintain an ATM on Arena's premiseslocated at 5898 Lachman Avenue NE, Albertville, Minnesota, in the approximate location shown on the attached Exhibit A. Arena shall provide such space for the ATM as necessary to enable customers to have access to the ATM and for maintenance and servicing of the ATM. In installing and maintaining the ATM, Infinit shall not put holes in the walls or floors or otherwise modify the building structure in any way without written permission from the Arena. The Arena may require Infinit (at Infinit’s expense) to move the ATM to another location in the building if it determines it needs the location shown on Exhibit A for other purposes. 2.Kiosk: Infinit shall be permitted to display an advertising kiosk similar to that shown on the attached Exhibit B. Said kiosk shall be displayed in a location to be determined by the Arena. All ads displayed on the kiosk shall comply with School District policies. 3.Availability: Arena agrees that the ATM shall at all times remain available for use by Arena's customers during Arena's normal business hours for the term of this Agreement. Infinit reserves the right to schedule reasonable downtime to accomplish necessary maintenance or system improvements. 4.Transaction Surcharges: Infinit and Arena agree that a surcharge of $2.50 per transaction will be imposed on all transactions on the ATM. A surcharged transaction is defined as any cash withdrawal made from a cardholder's account on which a surcharge is collected. Infinit reserves the right to increase or decrease the amount of the transaction surcharge provided such increase or decrease is directly related to an increase or decrease of costs incurred by Infinit to provide transaction processing service. The cardholder's bank may impose an additional fee. Infinit will pay Arena 60% of the amount of each surcharge Infinit collects. Such payments shall be made to the Arena monthly, within 30 days of the end of the month in which such transaction surcharges were incurred. 5.Minimum Monthly Charges: In the event the transaction surcharges set forth in paragraph 4 above are less than $350 in any month, Infinit shall pay the Arena the difference between such transaction surcharges due under paragraph 4 above and a STMA Arena Board Mtg 05/13/19 Page 10 $350 minimum monthly charge. This minimum monthly charge shall be prorated on a daily basis for any month in which the ATM is on the site for less than the full month. All such minimum monthly charges shall be paid in accordance with the timeline set forth in paragraph 4 above. 6.Installation: Infinit agrees to install the ATM in the location shown on the attached Exhibit Aat Infinit’s expense. The ATM and all cash in the ATM shall be and remain the sole property of Infinit. The Arena shall execute and deliver upon request documentation to put third parties on notice of Infinit's interest in the ATM. 7.Maintenance/Repair: Infinit will arrange for necessary servicing and repair of the ATM at Infinit’s expense. Infinit shall maintain the ATM in good working order at all times. In the event of any ATM failure, damage or other problem requiring repair, replacement, adjustment, or maintenance, Arena shall notify Infinit or a person designated by Infinit within twenty-four (24) hours of first becoming aware of such failure or problem. Infinit shall use its best efforts to remedy such failure or problem within one business day. Infinit or its representatives shall at all times during Arena business hours have the right to enter into and upon the premises for the purpose of inspecting, repairing, maintaining or upgrading the ATM. Arena shall maintain the space surrounding the ATM in a safe, neat and orderly condition. Infinit will be responsible for any damage, loss, or theft of the ATM, and Infinit shall be responsible for obtaining and paying for any insurance on the ATM. 8.Data, Electrical: Arena shall, at its expense, provide and maintain wireless access to the internet for the ATM to communicate with and one power outlet (110V) within 6 feet of the ATM site. 9.Property Ownership or Lease Terms: Arena represents and warrants that it is the owner of the premises or that it has the right to control the premises during the term of this Agreement. Infinit represents that it owns the ATM and has the right to operate the ATM. 10.Equipment Relocation or Removal: In the event Arena permanently ceases operations on the premises, Arena shall notify Infinit not less than thirty (30) days prior to any such event. In such event, Infinite shall promptly remove the ATM equipment and this Agreement shall expire. 2 STMA Arena Board Mtg 05/13/19 Page 11 11.Cardholder Reimbursements: In the event any transaction is disputed by a cardholder or financial institution, the processor will notify Infinit of such dispute. Transaction disputes are handled by the networks and the data processor. Infinit will assist the network in resolving any dispute oradjustment if necessary. Arena agrees that it shall not reimburse any customer for any disputed cash amount unless Infinit has specifically authorized such reimbursement in writing. 12.Term & Termination: This Agreement shall remain in effect for a term of one year, and shall automatically renew every year for an additional one year term unless either party notifies the other party at least 60 days before expiration of such term that such party is terminating the Agreement upon the expiration of the then current term. Either party may terminate this Agreement, effective thirty (30) days after giving written notice of intent to terminate, upon the occurrence of a material breach provided that such breach continues for (30) days after written notice of such breach. All notices hereunder shall be in writing and shall be deemed given upon personal delivery or upon deposit in the United States mail, certified postage fully prepaid, return receipt requested, addressed to Infinit and Arena at their respective addresses as listed below. 13.Disclaimer: Except as specifically provided in this Agreement, Infinit understands and agrees that Arena makes no warranty expressed, implied or statutory as to any matter whatsoever. In no event shall Arena be responsible for any lost profits or direct, incidental, consequential, special or indirect damages that Infinit may incur in placing and operating its ATM on the premises. Arena’s sole liability to Infinit hereunder, except as otherwise provided, shall be to remedy any breach of this Agreement in a timely manner. 14.Indemnification and Hold Harmless: Infinit agrees to hold the Arena harmless from any claims (other than violations of this Agreement byArena) that Infinite may make against the Arena, and agrees to indemnify and defend Arena from any claims arising from or related to this Agreement. 15.Assignment, Waiver, Entire Agreement, & Controlling Law: Infinit shall not assign or dispose of any its rights or obligations under this Agreement without the prior written consent of Arena. This Agreement is binding on the successors and permitted assignees of the parties. A waiver by either party of a breach of any provision of this Agreement shall not constitute a waiver of that party's rights to otherwise demand strict compliance with this Agreement and any and all provisions hereof. This Agreement constitutes the entire Agreement of the parties hereto. There are no other promises; representations, terms, conditions or 3 STMA Arena Board Mtg 05/13/19 Page 12 obligations other than those contained herein. This Agreement supersedes all prior communications, representations or agreements, oral or written, between the parties and shall not be modified except in writing signed by both parties. This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Minnesota. The jurisdiction and venue for any legal proceeding to interpret or enforce this Agreement shall be in Wright County, Minnesota. IN WITNESS WHEREOF, the undersigned duly authorized representatives of the parties have executed this Agreement. Infinit LOCATION Infinit Technologies, LLC STMA Arena Board _________________ c/o Albertville City Administrator _________________ 5959 Main Avenue _________________ P.O. Box 9 Albertville, MN 55301 Infinit Technologies, LLC STMA Arena Board _________________________________ ________________________________ Name/Title: ______________________ By: Joseph J. Salaski Its: _____________________________ Date: ___________________________ Date: ____________________________ 4 STMA Arena Board Mtg 05/13/19 Page 13 EXHIBIT A Drawing showing location of ATM in building EXHIBIT B Picture of kiosk 5 STMA Arena Board Mtg 05/13/19 Page 14 Water Treatment Options Date:April 4, 2019 To:STMA Arena Board From: Grant Fitch, Arena Manager Staff would like to discuss water treatment options for the existing sheet of ice. Currently the new sheet is being resurfaced with hot water and results are very favorable. The old sheet is being resurfaced with R/O-cold water, results are not as favorable. With the building addition, both sheets of ice will be served by one mechanical room and modifications to the existing water treatment system are needed. Options to Discuss(ranked by order of operational preference) Option 1 – Use new hot water heater installas part of building addition (No Cost) The existing hot water heater was not sized to serve two sheets, which may reduce the life of the unit. This is believed to be a good first step as we move into operating two sheets and will allow for time to monitor ice quality. This may be a short term solution. Option 2 – Install new R/O and hot water heaters designed to serve both ice sheets ($52,000) The cost to serve one sheet vs two sheets is less than $5,000. This is believed to be the best system and has been recommended to us by an ice consultant. R/O systems are generally recommended when TDS of water exceeds 80 ppm. Base on water samples, TDS at the rink is 400 ppm, which is why we have R/O today. Per the ice consultant, benefits of R/O generally include reduced load on the refrigeration plant, improved ice quality (harder, faster, ice clarity), and reduced energy costs associated with heating flood water. Option 3 – Purchase water heater compatible with R/O ($15,000) Having hot water is priority over R/O and this option allows the addition of an R/O system at a later time. This option would only serve the old sheet of ice. From an operations standpoint, both systems should be on the same system. Option 4 – Move existing R/O system for $11,500 and purchase water heater (26,500) This is not a preferred option as it too only serves one sheet. STMA Arena Board Mtg 05/13/19 Page 15