Item 4C AGENDA ITEM # 4C
SEPTEMBER 27, 2010
STAFF REPORT
CITY OF ATLANTIC BEACH
COMMISSION MEETING
AGENDA ITEM: Contracts with Organizations Providing Recreation Programs at
City Facilities
DATE: September 8, 2010
SUBMITTED BY: Timmy Johnson, Recreation Dire 1 0
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. Yoga instructor Linda White provides yoga
classes at Adele Grage.
In each of these cases, 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.
In the past, each of these organizations entered into contracts with the City of Atlantic Beach,
and each paid the fees for the use of the facilities. These contracts have been updated for City
Commission approval.
BUDGET: The fee 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: Authorize the City Manager to enter into a contract with ABAA,
ABET, Brecht Catalan, and Linda White to provide recreational programs at City facilities.
ATTACHMENTS: Proposed Contracts for ABAA, ABET, Brecht Catalan, and Linda White
REVIEWED BY CITY MANAGER:
AGEN A ITEM NUMBER:
AGENDA ITEM # 4C
SEPTEMBER 27, 2010
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
AGREEMENT made and entered into this / 3 day of %. <>vs-r 2010,
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 Building 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 October 1, 2010 through
September 30, 2011.
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 # 4C
SEPTEMBER 27, 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 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 15 day of January.
AGENDA ITEM # 4C
SEPTEMBER 27, 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 income areas, and renter will provide scholarships,
`work for play' or other mechanisms to assure that children are not denied
the opportunity to participate due to their inability to pay registration or
other related fees. Number of scholarships will not exceed 7.5% of total
registered players for that season.
4. Exclusive Use Dates and Times: January 1 through June 30 & August 1st
through November 30 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 # 4C
SEPTEMBER 27.2010
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 ,J
By: ,ers, sue.
Its "RENTER"
"CITY"
AGENDA ITEM # 4C
SEPTEMBER 27, 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, 32233, (hereinafter "Renter ").
WHEREAS, Renter desires to use the following public facility: The Adele Grage
Cultural Center Theater, 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 October 1, 2010 through
September 30, 2011.
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
1
AGENDA ITEM # 4C
SEPTEMBER 27, 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 and 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 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 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 tem 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.
2
AGENDA ITEM # 4C
SEPTEMBER 27, 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 Theater
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 Theater 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 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.
3
AGENDA ITEM # 4C
SEPTEMBER 27, 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: "RENTER"
"CITY"
4
AGENDA ITEM # 4C
SEPTEMBER 27, 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, tennis instructor, of 12855 Greenmeadow
Place, Jacksonville, Florida 32246, (904) 241 -4625 (hereinafter "Renter ").
WHEREAS, Renter desires to use the following public facility: Russell Park
Tennis Courts 4, 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 October 1, 2010 through
September 30, 2011.
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 plus tax 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
1
AGENDA ITEM # 4C
SEPTEMBER 27, 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 and 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 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 15 day of January.
2
AGENDA ITEM # 4C
SEPTEMBER 27, 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: Russell Park Tennis Courts 4,5, 6.
o. Additional provisions agreed upon by the City and Renter:
4. Exclusive Use Dates and Times: See attachment for schedule. 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.
3
AGENDA ITEM # 4C
SEPTEMBER 27, 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
attomey'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: fr• .• • ff
"CITY"
4
AGENDA ITEM # 4C
SEPTEMBER 27, 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 Linda White of 422 17 Avenue North, Jacksonville
Beach, Florida, 32233', (hereinafter "Renter").
WHEREAS, Renter desires to use the following public facility: The Adele Grage
Cultural Center (Community Room) 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 October 1, 2010 through
September 30, 2011.
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 plus tax 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
1
AGENDA ITEM # 4C
SEPTEMBER 27, 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 and 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 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 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 15 day of January.
2
AGENDA ITEM # 4C
SEPTEMBER 27, 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.
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.
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
3
AGENDA ITEM # 4C
SEPTEMBER 27, 2010
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: Cth:�
Its: "RENTER"
"CITY"
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