HomeMy WebLinkAboutResolution No. 26-40RESOLUTION NO. 26-40
A RESOLUTION APPROVING A RENTAL AGREEMENT BETWEEN
THE CITY OF ATLANTIC BEACH AND COASTAL KICKS
AUTHORIZING COASTAL KICKS TO PROVIDE SOCCER
PROGRAMMING AT JACK RUSSELL PARK AND ROSE PARK;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in partnership with the City of Atlantic Beach, the nonprofit organization
Coastal Kicks operates the community's youth soccer program at Jack Russell Park and Rose Park;
and
WHEREAS, formalizing the partnership contractually streamlines the approval process
and ensures consistency in communication, expectations, responsibilities, and deliverables; and
WHEREAS, this agreement reflects the City's broader policy objective of maintaining
transparency, fairness, and accountability across all community partners.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Atlantic Beach:
SECTION 1. The City Commission hereby approves a rental agreement (attached)
between the City of Atlantic Beach and Coastal Kicks to provide soccer programming at Jack
Russell Park and Rose Park.
SECTION 2. The City Commission hereby authorizes the city manager to execute the
agreement.
SECTION 3. This Resolution shall take effect immediately upon its passagte� and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach, this n�d f �ar2026.
Curtis ord, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
K-\ �=
Jasbriel, i ney
CITY OF ATLANTIC BEACH
RENTAL AGREEMENT FOR JACK RUSSELL PARK AND ROSE PARK SOCCER FACILITIES
AGREEMENT made and entered into this —day of 2026 at Atlantic Beach, Duval County, Florida,
by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road,
Atlantic Beach, Florida 32233 (hereinafter "City"), and COASTAL KICKS SOCCER, INC. of Atlantic
Beach, Florida, 457 Snapping Turtle Court W, Atlantic Beach, FL 32233 (hereinafter "Renter").
WHEREAS, Renter desires to utilize the Jack Russell Park and Rose Park Soccer/Open Fields
Facilities (hereinafter "Facilities") for the purpose of administering the Atlantic Beach
community's soccer program for boys and girls in partnership with City; and
WHEREAS, Facilities include the Soccer/open field and associated common areas at Jack Russell
Park and Rose Park; and
WHEREAS, Renter desires to use Facilities on a recurring basis such as daily, weekly, monthly,
during particular seasons, or the like, which is more than a one-time use; and
WHEREAS, City acknowledges that Renter is providing a valuable Recreational function for the
Atlantic Beach community
NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental
payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is
acknowledged by both parties, it is
AGREED AS FOLLOWS:
1. Rental Term: This terms and conditions of this Agreement shall commence upon the date of the
execution of this agreement.
2. Amount and Time of Payment: Renter, in exchange for use of Facilities, shall pay to City an annual
fee of $1.00 at the time of signing this Agreement. Coast Kicks Soccer, Inc. also agrees to pay for two
hours of Park Ranger coverage if games are scheduled on Friday and Saturday night after 8pm (on
game nights) at a rate of $39.68 per hour. City shall invoice Renter, accordingly, following each season.
Before the Agreement is executed, Renter shall provide City with: evidence satisfactory to the City
Manager of Renter's non-profit status; and (2) proof of a comprehensive $1,000,000.00 public liability
insurance policy naming the City of Atlantic Beach as additional insured.
3. Termination/Renewal. This Agreement terminates on December 31, 2026, and may be
automatically renewed for a one-year period beginning January 1, 2027 and terminating on
December 31, 2027, upon written confirmation by the parties (which can be via email), and
annually thereafter, as long as Renter is not in default of this Agreement. It also may be terminated
upon thirty (30) days' written notice by either party, provided such termination date occurs after
the conclusion of a scheduled Soccer Season or tournament. Such notice shall be mailed or hand
delivered to the following addresses:
(a) Atlantic Beach, FL 32233 ATTN: City Manager
800 Seminole Road
Atlantic Beach, FL 32233
(a) Coastal Kicks Soccer, Inc.
ATTN: Michael Stauch and Jay Golomb
457 Snapping Turtle Court W
Atlantic Beach, FL 32233
4. Conditions: This Agreement is made and entered into upon the following express covenants and
conditions every one of which Renter hereby covenants and agrees to abide by and perform:
a. No fees or admission costs shall be charged to the public unless approved in writing by the
City Manager. Non -soccer activities, equipment, or outside vendors may not operate
without prior written City approval.
b. No sale, distribution or use of alcoholic beverages shall be permitted without the written
permission of the City Manager.
c. A financial statement satisfactory to the City Manager shall be provided for 2025, (and if
requested by the City Manager, for any previous years). Effective on January 1, 2026,
Renter shall provide quarterly financial statements satisfactory to the City Manager.
Further, commencing on January 1, 2027 (for the year of 2026), and no later than April 15
of each year, Renter shall submit a Certified Public Account's (CPA) compilation report
and complete set of financial statements for the previous year, which includes: (i)
Statement of Financial Position (Balance Sheet) showing assets, liabilities, and Net Assets
at a specific date; (ii) Statement of Activities (Income Statement) detailing revenues
(contributions, fees, etc.) and expenses, showing the change in net assets for the period;
(iii) Statement of Cash Flows reporting how income and balance sheet changes affect cash
and cash equivalents; and (iv) Statement of Functional Expenses classifying expenses by
both function (e.g., Program Services, Management & General, Fundraising) and nature
(e.g., salaries, utilities). City shall have the right at any given time to audit Renter's books
and records related to revenues, scholarships or any financial/monetary aspect of this
Agreement.
Additionally, prior to youth utilizing the fields each Soccer Season while this Agreement
is in effect, Renter shall provide the following to the City: (i) a list, contact information,
and titles of board of directors' members; (ii) a list and contact information of league
coaches, including confirmation of abuse prevention training and background checks; and
(iii) a report listing the number of players, their City and zip codes, and gender.
Registration, shall be capped at 100 players per facility per day. Renter shall in good faith
offer registration priority to City of Atlantic Beach residents. Renter shall submit a plan for
the implementation of said resident registration priority to the City documenting such City -
priority for each Soccer Season, prior to the commencement of each season.
d. Renter shall ensure compliance with all city, state and federal laws, including but not
limited to any rules, policies, requirements and regulations of the City (and the County) for
the safe operations and management of the Facilities and public health and safety protocols.
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Rental Agreement for Russell Park & Rose Park Soccer Facilities
e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, and
disability or otherwise. Renter shall actively promote that the program is equally open to
boys and girls.
f. Renter shall make no alterations to Facilities without the express written consent of the
City Manager or his/her designee.
g. City shall be financially responsible for standard public utilities (electric, water, sewer)
associated with Facilities and will provide adequate turf.
h. Renter shall correct any discrepancies noted by City. Should City require corrective action,
such action shall be the financial responsibility of Renter.
j. Renter's use of or responsibility for Facilities is not applicable outside of the dates and
times as set forth in this Agreement, unless reservations have been made through the City.
k. Renter shall provide a written account of all keys to Facilities in possession of Renter at
the end of the contract. If renter cannot account for all keys, Renter will incur the cost of
re -keying or changing of the applicable locks. One key will be provided at no cost to Renter
and any additional keys will require a $10.00 per key fee at Renter's expense.
1. This is not an exclusive -use Agreement; public access to and use of the Facilities is a high
City priority. As such: (1) The soccer fields shall always remain unlocked, except with
written consent from the City Manager and/or designee, in such cases the City will unlock
the fields and (2) other organizations and individuals may request short-term use of
Facilities specified herein by applying with the City (through the Recreation Division) for
such use.
m. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive
public liability insurance policy protecting City against all claims or demands that may
arise or be claimed on account of Renter's use of the premises, in an amount of at least
$1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one
person, and $1,000,000 for damages to property, the insurance shall be written by a
company or companies acceptable to City and authorized to engage in the business of
general liability insurance in the State of Florida. Renter shall deliver to City satisfactory
proof or evidence of such insurance and shall name City as an additional insured under said
policy. Renter shall provide to City annual certificates of insurance (COIs) at least thirty
(30) days prior to any renewal/expiration. Renter shall notify the City immediately in
writing of any claims/incidents in writing, and in any event no later than three (3) days
after the filing of any incident or claim.
n. Renter agrees to indemnify, defend (which shall be inclusive of any and all attorneys' fees,
costs and expenses) and hold harmless City from any and all liability, defense costs,
including other fees, loss or damage which City may suffer as a result of claims, demands,
costs or judgment against it, arising from all activities engaged in, negligence committed
by or violations committed by Renter (or any of Renter's agents, affiliates, participants,
spectators, invitees, representatives or otherwise ("Invitees") in its use of Facilities.
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Rental Agreement for Russell Park & Rose Park Soccer Facilities
Renter assumes liability for any and all of its (and its Invitees') activities and operations
conducted on, in and around the Soccer Fields.
o. Additional provisions agreed upon by City and Renter: Renter will actively recruit in low-
income areas, and provide scholarships, "work for play" or another other mechanism to
assure that boys and girls are not denied the opportunity to participate due to their inability
to pay the registration or other related fees. The Renter will provide a detailed summary of
its scholarship program.
p. Renter shall act in good faith in carrying out this Agreement; as such, Renter will relinquish
the use of Facilities for times that they are not used, nor will it disparage or otherwise
undermine City or any of its staff, or any other entity or individual using Facilities.
5. Soccer Field Use. Generally, Renter shall have year-round priority use of the Soccer Fields at Jack
Russell Park and Rose Park between August 1 and June 30. The specific dates and times must be
approved through and by the Recreation Department upon the publication of Renter's season
schedules.
6. City Reservations. City may reserve "Blackout" dates during City-wide events in the parks at its
sole discretion. The City retains the right to use the Soccer Fields, or allow others to use the Soccer
Fields, at times not specified for use by Renter. The Renter shall not conduct practices or any other
operations outside of the specified fields.
7. Delivery of Facilities: City shall deliver Facilities to Renter in working condition. Facilities
include the soccer/open fields that the City designates or removes therefrom in its sole discretion.
Renter agrees and understands Facilities' use may be delayed or suspended during the time
necessary for completion of repairs or improvements. The Renter shall compensate one City Park
Ranger to monitor trash and clean restrooms if play occurs after 8pm on Friday, Saturday, and
Sunday evenings.
8. Thor Guard: Renter shall follow alerts from Thor Guard lightning prediction system while on
site. Unlike traditional systems that detect lightning after it strikes, Thor Guard measures
atmospheric conditions to predict lightning before it occurs. These advanced systems predict
lightning strikes by analyzing the electrostatic energy in the atmosphere, providing warnings 8 to
20 minutes before a potential cloud -to -ground lightning strike within a 2 -mile radius. The systems
will be operational between 8 a.m. and 9 p.m. daily.
o Warning Signals:
o A 15 -second uninterrupted horn blast will sound.
o A white strobe light will activate and continue flashing until the threat has passed.
o All Clear Signal:
o The horn will sound three short 5 -second blasts.
o The strobe light will turn off.
Safety Guidelines:
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Rental Agreement for Russell Park & Rose Park Soccer Facilities
o Seek Shelter Immediately: Upon hearing the warning horn or seeing the strobe light,
go indoors or into a fully enclosed vehicle at once.
o Remain Sheltered: Stay inside until the all -clear signal is given.
o Exercise Caution: Even without a warning, always use your best judgment during
threatening weather
Renter shall train all coaches/volunteers on Thor Guard.
9. Control of Facilities: In renting said Facilities to Renter, City does not relinquish the right to
control the management and operation of Facilities, and the City Manager or his designee may
enter Facilities and all of the demised premises at any time and on any occasion.
10. Assignment: Renter shall not assign this agreement nor suffer any use of Facilities other than
herein specified, nor sublet Facilities or any part thereof, without the written consent of City.
11. Public records: Renter agrees to comply with the public records provisions contained in Exhibit
A attached hereto and made a part hereof
12. Prior agreements: This Agreement supersedes all prior agreements eered into between the
parties and all such agreements shall be deemed null and void and of no further force or effect
upon execution by all parties to this Agreement.
13. Modifications: Modifications, amendments, or alterations of the terms or conditions of this
Agreement are permitted via written documents executed by the parties hereto. For the purposes
of such changes, the City Manager serves as the authorized signatory and retains the authority to
bind the City to any such modifications.
14. Matters not addressed: Any matters pertaining to the usage of Facilities that are specifically not
addressed in this agreement, in City's written policies or guidelines, or in City's Code of
Ordinances, shall be decided by the City Manager.
15. Authority to Execute: The undersigned individual executing this Agreement on behalf of Renter
represents and warrants to the City that: (i) Renter is a duly organized and validly existing nonprofit
organization under the laws of the State of Florida (or the applicable state of formation); (ii) Renter
has full power and authority under its governing documents and applicable law to enter into this
Agreement and to perform all of its obligations hereunder; and (iii) the execution, delivery, and
performance of this Agreement have been duly authorized by all necessary action on the part of
Renter, and this Agreement constitutes a valid and binding obligation of Renter, enforceable
against Renter in accordance with its terms. The individual signing below on behalf of Renter
further represents and warrants that he or she has been duly authorized to execute and deliver this
Agreement on behalf of Renter and to bind Renter to all terms and conditions herein.
16. DEFAULT: In case Renter shall default in the performance of any covenant or agreement
contained herein, and such default shall continue for ten (10) days after receipt by Renter of written
notice thereof given by City, then City, at its option, may terminate this Agreement in its entirety.
In that event, Renter shall immediately remove all persons and its property from Facilities, and
failing to do so, City may cause such removal either with or without process of law, at Renter's
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Rental Agreement for Russell Park & Rose Park Soccer Facilities
expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred
by City, whether suit is filed or not.
IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day of
CITY OF ATLANTIC BEACH
By: Kevin Hogencamp
Signature
COASTAL KICKS SOCCER, INC.
By: Michael Stanch
Signature
By: Jay Golomb
Signature
WITNESSED:
By: Kevin Hogencamp
Signature
Tl# ?qty Manager
41
Title: Club Director
Title: Executive Director
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Rental Agreement for Russell Park & Rose Park Soccer Facilities
PUBLIC RECORDS PROVISIONS
FOR ALL CONTRACTS AND AMENDMENTS
Effective as of July 1, 2016 per Chapter 2016-20, Laws of Florida
Section 119.0701. Public Records
(a) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT DONNA BARTLE,
THE CITY CLERK AND THE CUSTODIAN OF PUBLIC RECORDS
AT (904) 247-5809, DBARTLE(a,COAB.US, 800 SEMINOLE ROAD,
ATLANTIC BEACH, FLORIDA 32233.
(b) The contractor shall comply with Chapter 119, Florida Statutes, in regards to public records
laws, specifically to:
Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this chapter or
as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does
not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the contractor or keep and maintain public records required by the
public agency to perform the service. If the contractor transfers all public records to the
public agency upon completion of the contract, the contractor shall destroy any duplicate
public records that are exempt or confidential and exempt for public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the
contract, the contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon request from
the public agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
(c) Failure to provide the public records to the public agency within a reasonable time may
subject the contractor to penalties under s. 119.10 and s. l 19.0701(4), Florida Statutes.
Note: Section (a) above must be in at least 14 point boldfaced type
Public Records Provisions, Page 2
PUBLIC RECORDS PROVISIONS
FOR ALL CONTRACTS AND AMENDMENTS
Effective as of July 1, 2016 per Chapter 2016-20, Laws of Florida
This is to confirm that we have received the Public Records Provisions
Signed:
Company:
E -Mail:
Public Records Provisions, Page 1
Print:
Phone:
Date: