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Item 8E ~» CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM #8E FEBRUARY 23, 2004 AGENDA ITEM: Authorize the City Manager to enter into a contract with the Tennis Instructor Sandra Phillips for use of tennis courts and Atlantic Beach Experimental Theatre for use of Adele Grage Cultural Center. SUBMITTED BY: Timmy Johnson, Recreation Director DATE: February 12, 2004 BACKGROUND: For the past couple of years, the City entered into a contract with ABET and Tennis Instructor Sandra Phillips 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. ABET is operated by George Maida and Tennis Lessons are provided by Sandra Phillips. Normally the contracts are approved in October, but because we have been waiting on the contracts, exclusive dates, proof of insurance, 501 c3 forms, and fee schedule, the request to have the contracts approved is late. Currently we are still waiting on the proof of insurance from the Atlantic Beach Athletic Association. ABET is submitting a new request for use of the Adele Grage Cultural Center for ayear-round Children's Theater program. As information, the YMCA has received authorization to use the building for after-school and summer programs, which would create a scheduling conflict. RECOMMENDATION: Authorize the City Manager to enter into contracts ~* with Atlantic Beach Experimental Theatre, excluding the Children's Theater program, and Tennis Instructor Sandra Phillips for use of City ~+ facilities. ATTACHMENTS: Contracts REVIEWED BY CITY MAN "~ AGENDA ITEM #8E FEBRUARY 23, 2004 To: Timmy Johnson and +~ Atlantic Beach City Commission From: ABET !~ Re: Contract addendum ABET requests the following provision to our contract, now pending renewal, to allow !^' for the resumption of Children's theater; this provision has been in prior year contracts: The organization shall be permitted to operate educational and recreational theater ~" camps and classes for children at times and dates indicated in the attached schedule. In the event that dates and times indicated conflict with those of groups which have prior permission to use the premises, the use for ABET Children's program activities !~" will be contingent upon agreement with said group. Respectfully submitted George N. Maida President, ABET Board of Directors ~' AGENDA ITEM #8E FEBRUARY 23, 2004 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of No /~ ~ ~ ~,,,,, 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 Theater of 716 Ocean Blvd ~,,,, Atlantic Beach. Florida (904) 273-7418 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: Adele Grape Cultural Center Theater and Dressing Rooms and, WHEREAS, Renter desires ~o 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, e~* 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 10/1/03 through 9/30/04. 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 #8E FEBRUARY 23, 2004 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. 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. 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 corrective action be required by the City, such action shall be the financial '""" responsibility of the Renter. j. 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 Parks and Recreation Duector 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 15a' day of January. k. 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 #8E FEBRUARY 23, 2004 1. 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. 1. 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 Theater and Dressing; Rooms m. Additional provisions agreed upon by the City and Renter: n. Exclusive Use Dates and Times: See attached ,~ o. 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. p. 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. !~ q. 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. r. 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. r. AGENDA ITEM #8E FEBRUARY 23, 2004 """" IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day of CITY OF ATLANTIC BEACH ~, By' Its NTER" "CITY" ,-~ P~~~~ ~r- ~~`~3 ~. AGENDA ITEM #8E FEBRUARY 23, 2004 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 Sandra Phillips of 58 Jefferson Ave. Ponte Vedra Beach. Florida (904) 273-7418 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: Tennis Courts 5 and 6 at Russell Park and, WHEREAS, Renter desires to use said public facility on a recumng 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 teen 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 10/1/03 through 9/30/04. 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 adnssion 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 #8E FEBRUARY 23, 2004 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. 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. 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 corrective action be required by the City, such action shall be the financial responsibility of the Renter. j. 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 Parks and 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`h day of January. k. 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 #8E FEBRUARY 23, 2004 1. 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. 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: Tennis Courts 5 and 6 at Russell Park m. Additional provisions agreed upon by the City and Renter: n. Exclusive Use Dates and Times: See attached ,~, o. 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. p. Control of Building: In renting said facility to Renter, the City does not relinquish the right to corrtrol 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. *~ q. Assignment: Renter shall not assigmthis 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. ~• r. 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. e^ AGENDA ITEM #8E FEBRUARY 23, 2004 IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day of CITY OF ATLANTIC BEACH ~ By• ~ , Its "RENTER" _J~-~~ "CITY"