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Item 8DAGENDA ITEM # 8D APRIL 12, 2010 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Contracts with Organizations Providing Recreation Programs at City Facilities DATE: Apri12, 2010 SUBMITTED BY: Timmy Johnson, Recreation Director ' David E. Thompson, Asst. City Manager BACKGROUND: Several organizations have been offering recreational programs at City facilities for many years. The Atlantic Beach Athletic Association (ABAA) provides two seasons of T- ball, softball, and baseball each year. The Atlantic Beach Experimental Theater (ABET) provides plays and theatrical events for public participation and entertainment. Tennis professional Brecht Catalan provides tennis lessons on Atlantic Beach courts. In the past, each of these organizations entered into a contract with the City of Atlantic Beach which included the payment of a fee for the use of the facilities. These contracts have been updated for City Commission approval. For several years, yoga instructor Linda White has been offering City sponsored yoga sessions at the Adele Grage Cultural Center on a weekly basis. She has not had a contract with the City in the past, but this year a contract has been drafted to formalize her relationship with the City. In each of the cases above, the organization/person under contract will provide opportunities for inclusion and participation for low income residents who may not otherwise be able to afford to participate. BUDGET: The fees in the contracts for ABAA, ABET, Brecht Catalan, and Linda White is $200 for the year, which is consistent with similar contracts in previous years. RECOMMENDATIONS: To authorize the City Manager to sign the attached contracts with ABAA, ABET, tennis professional Brecht Catalan, and yoga instructor Linda White. ATTACHMENTS: ABAA Proposed Contract ABET Proposed Contract Tennis Professional Brecht Catalan Proposed Contract Yoga Instructor Linda White Proposed Contract REVIEWED BY CITY MANAGER: AGE A ITEM NUMBER: AGENDA ITEM # 8D APRIL 12, 2010 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of 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 Atlantic Beach, Florida. (904) 249-2985 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: Jack Russell Park Baseball Facilities and Concession Buildin and, WHEREAS, Renter desires to use said public 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 April 1, 2010 through September 30, 2010. 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 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 deep 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 # 8D APRIL 12, 2010 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 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 leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. 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 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 fee 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 maybe requested for short term use by applying for such use after the 15`" 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 15`" day of January. AGENDA ITEM # 8D APRIL 12, 2010 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. m. 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 which unique and particular to the Renter. n. 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: Jack Russell Park Baseball Facilities and Concession Building o. Additional provisions agreed upon by the City and Renter: Renter will actively recruit in low in low income areas and renter will rovide scholarships, `work for play' or other mechanisms to assure that children are not denied the op ortunit~ articipate due to their inability to pay registration or other related fees. 4. Exclusive Use Dates and Times: January 1St through June 30th & August 1St through November 30th. The City retains the right to rent and use the facility at other times not specified for use by the Renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in 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. AGENDA ITEM #! 8D APR[L 12, 2010 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 day of CITY OF ATLANTIC BEACH NTER" By: "CITY" AGENDA ITEM # 8D APRIL 12, 2010 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of 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 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 public 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 April 1, 2010 thro>.~gh Se tember 30 2010. 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 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 deep 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 # 8D APRIL 12, 2010 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 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 leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. 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. Renter shall provide a written account of all security key cards to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of canceling the lost card and issuing a new one. One key will be provided at no cost to Renter and any additional keys will require a $20.00 fee 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 maybe 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. AGENDA ITEM # 8D APRIL 12, 2010 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. m. 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 which unique and particular to the Renter. n. 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 Grage Cultural Center Theatre o. Additional provisions agreed upon by the City and Renter: 4. Exclusive Use Dates and Times: The renter will be given priority for reserving the Theatre for auditions, performances, rehearsals and drama classes. The Renter's Manager will provide a schedule of plays to the Recreation Department on a yearly basis. The City retains the right to rent and use the theatre at other times not specified for use by the renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in 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. AGENDA ITEM # 8D APRIL 12, 2010 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 day of CITY OF ATLANTIC BEACH "RENTER" By: Its "CITY" AGENDA ITEM # 8D APRIL 12, 2010 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of 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: Jack Russell Park Tennis Courts 5 & 6 and, WHEREAS, Renter desires to use said public 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 April 1, 2010 through September 30, 2010. 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 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 deep 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 # 8D APRIL 12, 2010 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 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 leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. i. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the fmancial responsibility of the Renter. 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 incur the cost of re-keying or changing the locks. One key will be provided at no cost to Renter and any additional keys will require a $10.00 fee 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 15~' 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 1 Sa' day of January. AGENDA ITEM # 8D APRIL 12, 2010 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. m. 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 which unique and particular to the Renter. n. 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: Jack Russell Park Tennis Courts 5 & 6 o. Additional provisions agreed upon by the City and Renter: 4. Exclusive Use Dates and Times: See attached. The City retains the right to rent and use the facility at other times not specified for use by the renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in 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. AGENDA ITEM it 8D APRIL 12, 2010 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 day of CITY OF ATLANTIC BEACH By: Its "CITY" AGENDA ITEM # 8D APRIL 12, 2010 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this (s~ day of /~ ~ -^ i ~ Z c ~ c 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 Linda White of ~-t z z t z ~ ~ Y z h ~ ~ ry ~ Y,-t.~, mks o e ~ u ; (~z. 3 ~ ~ ~ ~ ,Florida (904) Z ~(6 - Z ~ 3 ~ 7 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: Adele Grace Cultural Center (Communi Roomy and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particulaz 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 regazding 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 April 1, 2010 through September 30, 2010. 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 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 deep 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 # 8D APRIL 12, 2010 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 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 leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. 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. 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 incur the cost of re-keying or changing the locks. One key will be provided at no cost to Renter and any additional keys will require a $10.00 fee 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. AGENDA ITEM # 8D APRIL 12, 2010 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. m. 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 which unique and particular to the Renter. n. 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 Grage Cultural Center Community Room o. Additional provisions agreed upon by the City and Renter: 4. Exclusive Use Dates and Times• See attached. The City retains the right to rent and use the facility at other times not specified for use by the renter. S. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. 6. Control of Buildi>~; 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 ail of the demised premises at any time and on any occasion. ?. 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. AGENDA ITEM # 8D APRIL 12, 2010 8. DEFAULT: In case the Renter shall defau{t 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 day of , CITY OF ATLANTIC BEACH By: ` ~~ Its "RENTER" "CITY"