Item 4HAGENDA ITEM # 4H
JANUARY 14, 2008
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Authorize the City Manager to enter into a contract
with the Tennis Instructor, Brecht Catalan for use of
tennis courts, Atlantic Beach Athletic Association
(ABAA) for use of Russell Park ball fields and
concession stand and Atlantic Beach Experimental
Theater (ABET) for use of Adele Grage Cultural
Center.
SUBMITTED BY: Timmy Johnson, Recreation Director
DATE: January 3, 2008
BACKGROUND: In past years, the City entered into a contract with
ABET, ABAA and Tennis Instructor, Brecht
Catalan for use of City facilities to promote
community sports programs, theatrical
entertainment and offer tennis lessons to Atlantic
Beach citizens. The programs are well organized,
have great participation and are enjoyed by all.
Normally the contracts are approved in October, but
because we have been waiting on the financial
information from ABAA, the request to have the
contracts approved is late.
Staff has current insurance certificates and financial
information on file.
RECOMMENDATION: Authorize the City Manager to enter into a contract
with the Tennis Instructor, Brecht Catalan for use of
tennis courts, Atlantic Beach Athletic Association
(ABAA) for use of Russell Park ball fields and
concession stand and Atlantic Beach Experimental
Theater (ABET) for use of Adele Grage Cultural
Center.
ATTACHMENTS: Contracts
REVIEWED BY CITY
AGENDA ITEM # 4H
JANUARY 14, 2008
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
AGREEMENT made and enfiered into this 14th day of January, 2008, 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 Brecht Catalan, of 12855 Greenmeadow Place, Jacksonville, Florida (904) 241-4625
(hereinafter "Renter").
WHEREAS, Renter desires to use the following public facility_
Russell Park Tennis Courts 5 & 6 and,
WHEREAS, Renter desires to use said facility on a recurring basis such as daily, weekly,
monthly, during a particular season, or the like, which is more than a one time use and
therefore a long term use, and
WHEREAS, the parties are in complete agreement regarding the terms set forth herein.
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. Length of Rental Term: This agreement shall run from
October 1, 200? through September 1, 2008.
2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall
pay to the City the annual fee of $200.00 per year at the time of signing this agreement.
Such fee may be waived at the discretion of the City Manager if Renter is a governmental
agency or an organization that provides a public service available to all, is non-profit in
nature, and charges no user or admission fees. Renter shall provide the City with a copy of
its tax-exempt form or other proof or evidence satisfactory to the City Manager of Renter's
non-profit status.
3. Conditions: This agreement is made and entered into upon the following express
covenants and conditions, all and everyone of which Renter hereby covenants and agrees,
with the City, to keep and perform:
(a) No fees or admission costs shall be charged to the public unless approved in
writing by the City Manager.
(b) No use of alcoholic beverages shall be permitted without the written
permission of the City Manager.
AGENDA ITEM # 4H
JANUARY 14, 2008
(c) Renter shall provide to the City a copy of audited financial statements if requested. In the
event audited financial statements are not available, renter shall provide all supporting
documents with its own financial statements.
(d) Renter shall insure compliance with ali city, state and federal laws, as well as any rules and
regulations of the City for the government and management of the public facility, together
with all rules and requirements of the police and fire departments of the City.
(e) Renter shall allow no discrimination based on race, sex, age, religion, national origin,
disability or otherwise.
(f) Renter shall make no alterations to the facility of a permanent nature without the express
written consent of the City Manager.
(g} Renter's use of the facility is not exclusive outside of the dates and time as set forth below.
(h) Renter shall be responsible for its own furnishings and equipment and shall maintain the
facility in a clean and safe condition.
(i) Renter shall correct any discrepancies noted by the city. Should the City require corrective
action, such action shall be the financial responsibility of the Renter.
(j) Renter shall provide a written account of all keys to the facility in possession of Renter at the
end of the contract. If Renter cannot account for all keys, Renter will inquire the cost of re-
keying orchanging ofthe applicable locks. One key will be provided at no cost to Renter and
any additional keys will require a 5.00 per key at Renter's expense.
(k) Any exclusive use shall be as set forth below. The use of the facility in addition to the
exclusive use periods shall be requested through the Recreation Director under the general
rules, i.e., a facility may be requested for short term use by applying for such use after the
15th day of each month for a day or time period within the next month. For example, any
organization requesting the short-term use of a City facility in the month of February could
apply for such use after the 15th day of January.
(1) Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive
public liability insurance policy protecting the 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 the City and authorized to engage in the business of
general liability insurance in the State of Florida. Renter shall deliver to the City
satisfactory proof or evidence of such insurance, and shall name the City as an additional
insured under said policy.
2
AGENDA ITEM # 4H
JANUARY 14, 2008
Renter may apply to the City Commission of Atlantic Beach for a waiver of this
insurance requirement. The City Commission shall consider such application for
waiver on a case by case basis, taking into account the length of the lease term,
use of the public facility, number of persons involved in said use, cost of the
insurance, and any other factors submitted by Renter with unique and particular to
the Renter.
(m) Renter agrees to indemnify and hold harmless the City from any and all liability, defense
costs, including other fees, loss or damage which the City may suffer as a result of claims,
demands, costs or judgment against it, arising from all activities engaged in by Renter in
its use of the following public facility: Russell Park tennis courts 5 & 6.
4. Exclusive Use Dates and Times:
See attached schedule.
5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition,
with any necessary facilities and utilities, and in a clean condition.
6. Control of Building: In renting said facility to Renter, the City does not relinquish the right
to control the management and operation of the facility, and the City Manager or his designee
may enter the facility and all of the demised premises at any time and on any occasion.
7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other
than herein specified, nor sublet the facility or any part thereof, without the written consent of
the City.
8. Default: In case the 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 the Renter of written notice thereof given by the City, then the City, at its option, may
declare this agreement ended. In that event, Renter shall immediately remove all persons
and its property from the facility, and failing to do so, the City may cause such removal
either with or without process of law, at Renter's expense. These expenses shall include,
but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed
or not."
IN WITNESS WHEREOF, we have hereunto set our hands and official seals this 14~' day of
January, 2008.
CITY OF ATLANTIC BEACH
By:
Its:
"CITY"
Date:
"RENTER"
AGENDA ITEM # 4H
JANUARY 14, 2008
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
AGREEMENT made and entered into this 14th day of January, 2008, 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 Atlantic Beach Athletic Association of 800 Seminole Road, Atlantic Beach, Florida
(904) 249-2982 (hereinafter "Renter").
WHEREAS, Renter desires to use the following public facility;
The Jack Russell Park Baseball Facilities and Concession Buildin and,
WHEREAS, Renter desires to use said facility on a recurring basis such as daily, weekly,
monthly, during a particular season, or the like, which is more than a one time use and
therefore a long term use, and
WHEREAS, the parties are in complete agreement regarding the terms set forth herein.
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. Length of Rental Term: This agreement shall run from
October 1, 2007 through September 1, 2008.
2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall
pay to the City the annual fee of $200.00 ner year at the time of signing this agreement.
Such fee may be waived at the discretion of the City Manager if Renter is a governmental
agency or an organization that provides a public service available to all, is non-profit in
nature, and charges no user or admission fees. Renter shall provide the City with a copy of
its tax-exempt form or other proof or evidence satisfactory to the City Manager of Renter's
non-profit status.
3. Conditions: This agreement is made and entered into upon the following express
covenants and conditions, all and everyone of which Renter hereby covenants and agrees,
with the City, to keep and perform:
(a) No fees or admission costs shall be charged to the public unless approved in
writing by the City Manager.
(b) No use of alcoholic beverages shall be permitted without the written
permission of the City Manager.
AGENDA ITEM # 4H
JANUARY 14, 2008
(c) Renter shall provide to the City a copy of audite financial statements if requested. In the
event audited financial statements are not available renter shall provide all supportinu
documents with its own financial statements.
(d) Renter shall insure compliance with all city, state and federal laws, as well as any rules and
regulations of the City for the government and management of the public facility, together
with all rules and requirements of the police and fire departments of the City.
(e) Renter shall allow no discrimination based on race, sex, age, religion, national origin,
disability or otherwise.
(f) Renter shall make no alterations to the facility of a permanent nature without the express
written consent of the City Manager.
(g) Renter's use of the facility is not exclusive outside of the dates and time as set forth below.
(h) Renter shall be responsible for its own furnishings and equipment and shall maintain the
facility in a clean and safe condition.
(i) Renter shall correct any discrepancies noted by the city. Should the City require corrective
action, such action shall be the financial responsibility of the Renter.
(j) Renter shall provide a written account of all keys to the facility in possession of Renter at the
end of the contract. If Renter cannot account for all keys, Renter will inquire the cost of re-
keying orchanging ofthe applicable locks. One key will be provided at no cost to Renter and
any additional keys will require a 5.00 per key at Renter's expense.
(k) Any exclusive use shall be as set forth below. The use of the facility in addition to the
exclusive use periods shall be requested through the Recreation Director under the general
rules, i.e., a facility may be requested for short term use by applying for such use after the
15th day of each month for a day or time period within the next month. For example, any
organization requesting the short-term use of a City facility in the month of February could
apply for such use after the 15th day of January.
(1) Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive
public liability insurance policy protecting the 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 the City and authorized to engage in the business of
general liability insurance in the State of Florida. Renter shall deliver to the City
satisfactory proof or evidence of such insurance, and shall name the City as an additional
insured under said policy.
AGENDA ITEM # 4H
JANUARY 14, 2008
Renter may apply to the City Commission of Atlantic Beach for a waiver of this
insurance requirement. The City Commission shall consider such application for
waiver on a case by case basis, taking into account the length of the lease term,
use of the public facility, number of persons involved in said use, cost of the
insurance, and any other factors submitted by Renter with unique and particular to
the Renter.
(m) Renter agrees to indemnify and hold harmless the City from any and all liability, defense
costs, including other fees, loss or damage which the City may suffer as a result of claims,
demands, costs or judgment against it, arising from all activities engaged in by Renter in
its use of the following public facility: Russell Park ball facility and concession building
4. Exclusive Use Dates and Times:
January ls` through June 30`~ & August ls` through November 30"'.
5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition,
with any necessary facilities and utilities, and in a clean condition.
6. Control of Building: In renting said facility to Renter, the City does not relinquish the right
to control the management and operation of the facility, and the City Manager or his designee
may enter the facility and all of the demised premises at any time and on any occasion.
7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other
than herein specified, nor sublet the facility or any part thereof, without the written consent of
the City.
8. Default: In case the 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 the Renter of written notice thereof given by the City, then the City, at its option, may
declare this agreement ended. In that event, Renter shall immediately remove all persons
and its property from the facility, and failing to do so, the City may cause such removal
either with or without process of law, at Renter's expense. These expenses shall include,
but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed
or not."
IN WITNESS WHEREOF, we have hereunto set our hands and official seals this 14~' day of
January, 2008.
CITY OF ATLANTIC BEACH
By:
Its:
"CITY"
Date:
"RENTER"
AGENDA ITEM # 4H
JANUARY I4, 2008
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
AGREEMENT made and entered into this 14th day of January, 2008, 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 Atlantic Beach Experimental Theatre, of 716 Ocean Blvd., Atlantic Beach, Florida
(904) 249-7177 (hereinafter "Renter").
WHEREAS, Renter desires to use the following public facility_
The Adele Grage Cultural Center Theatre and,
WHEREAS, Renter desires to use said facility on a recurring basis such as daily, weekly,
monthly, during a particular season, or the like, which is more than a one time use and
therefore a long term use, and
WHEREAS, the parties are in complete agreement regarding the terms set forth herein.
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. Length of Rental Term: This agreement shall run from
October 1, 2007 through September 1, 2008.
2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall
pay to the City the annual fee of $200.00 per year at the time of signing this agreement.
Such fee may be waived at the discretion of the City Manager if Renter is a governmental
agency or an organization that provides a public service available to all, is non-profit in
nature, and chazges no user or admission fees. Renter shall provide the City with a copy of
its tax-exempt form or other proof or evidence satisfactory to the City Manager of Renter's
non-profit status.
3. Conditions: This agreement is made and entered into upon the following express
covenants and conditions, all and everyone of which Renter hereby covenants and agrees,
with the City, to keep and perform:
(a) No fees or admission costs shall be charged to the public unless approved in
writing by the City Manager.
(b) No use of alcoholic beverages shall be permitted without the written
permission of the City Manager.
AGENDA ITEM # 4H
JANUARY 14, 2008
(c) Renter shall provide to the City a copy of audited financial statements if requested. In the
event audited fmancial statements are not available, renter shall provide all supporting
documents with its own financial statements.
(d) Renter shall insure compliance with alI city, state and federal laws, as well as any rules and
regulations of the City for the government and management of the public facility, together
with all rules and requirements of the police and fire departments of the City.
(e) Renter shall allow no discrimination based on race, sex, age, religion, national origin,
disability or otherwise.
(f) Renter shall make no alterations to the facility of a permanent nature without the express
written consent of the City Manager.
(g) Renter's use of the facility is not exclusive outside of the dates and time as set forth below.
(h) Renter shall be responsible for its own furnishings and equipment and shall maintain the
facility in a clean and safe condition.
(i) Renter shall correct any discrepancies noted by the city. Should the City require corrective
action, such action shall be the financial responsibility of the Renter.
(j) Renter shall provide a written account of all keys to the facility in possession of Renter at the
end of the contract. If Renter cannot account for all keys, Renter will inquire 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 20.00 per key at Renter's expense.
(k) Any exclusive use shall be as set forth below. T'he use of the facility in addition to the
exclusive use periods shall be requested through the Recreation Director under the general
rules, i.e., a facility may be requested for short term use by applying for such use after the
15th day of each month for a day or time period within the next month. For example, any
organization requesting the short-term use of a City facility in the month of February could
apply for such use after the 15th day of January.
(1) Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive
public liability insurance policy protecting the 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 00 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 the City and authorized to engage in the business of
general liability insurance in the State of Florida. Renter shall deliver to the City
satisfactory proof or evidence of such insurance, and shall name the City as an additional
insured under said policy.
2
AGENDA ITEM # 4H
JANUARY 14, 2008
Renter may apply to the City Commission of Atlantic Beach for a waiver of this
insurance requirement. The City Commission shall consider such application for
waiver on a case by case basis, taking into account the length of the lease term,
use of the public facility, number of persons involved in said use, cost of the
insurance, and any other factors submitted by Renter with unique and particulaz to
the Renter.
(m) Renter agrees to indemnify and hold harmless the City from any and all liability, defense
costs, including other fees, loss or damage which the City may suffer as a result of claims,
demands, costs or judgment against it, arising from all activities engaged in by Renter in
its use of the following public facility: Adele Grade Cultural Center Theatre.
4. Exclusive Use Dates and Times:
See attached schedule.
5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition,
with any necessary facilities and utilities, and in a clean condition.
6. Control of Building: In renting said facility to Renter, the City does not relinquish the right
to control the management and operation of the facility, and the City Manager or his designee
may enter the facility and all of the demised premises at any time and on any occasion.
7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other
than herein specified, nor sublet the facility or any part thereof, without the written consent of
the City.
8. Default: In case the 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 the Renter of written notice thereof given by the City, then the City, at its option, may
declaze this agreement ended. In that event, Renter shall immediately remove all persons
and its property from the facility, and failing to do so, the City may cause such removal
either with or without process of law, at Renter's expense. These expenses shall include,
but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed
or not."
IN WITNESS WHEREOF, we have hereunto set our hands and official seals this 14~' day of
January, 2008.
CITY OF ATLANTIC BEACH
By:
Date:
Its:
"CITY" "RENTER"