Item 4D v~.
AGENDA TI'EM # 4D
NOVEMBER 13, 2006
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 the tennis
courts, Atlantic Beach Experimental Theater (ABET) for
use of Adele Grage Cultural Center and Atlantic Beach
Athletic Association (ABAA) for use of Russell Park
baseball fields and concession stand
SUBMITTED BY: Timmy Johnson, Parks & Recreation Director
DATE: November 1, 2006
BACKGROUND: In recent years, the City entered into a contract with
ABAA, ABET and a Tennis Instructor for use of City
facilities to promote community sports programs, theatrical
entertainment and offer tennis lessons to Atlantic Beach
citizens. ABET is operated by George Maida, Tennis
Lessons are provided by Brecht Catalan and ABAA is
operated by Jim Moffitt.
Staff has current insurance certificates and financial
statements on file.
RECOMMENDATION: Authorize the City Manager to enter into a contract with the
Tennis Instructor, Brecht Catalan for use of the tennis
courts, Atlantic Beach Experimental Theater (ABET) for
use of Adele Grage Cultural Center and Atlantic Beach
Athletic Association (ABAA) for use of Russell Park
baseball fields and concession stand
ATTACHMENTS: Contracts
REVIEWED BY CITY MANAG
~.
AGENDA ITEM # 4D
NOVEMBER 13, 2006
CITY OF ATLANTIC BEACH
RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
~~ _t
AGREEMENT made and entered into this~_ day of ~ C,'T o ~-~! t~ ,
At Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC
B2JACI-I, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida
32'233 (hereinafter "Ci "}, and ~~~.1~.~ of
~~~• ~ ~. s ~ ~,. Florida
(904) ~p t,~ -ZZ r1'?' (hereinafter "Renter").
WHEREAS, Renter desires to use the following public facility4: -~ n o
and,
WHEREAS, Renter desires to use said public facility on a recurring basis such as
~" daily, weekly, monthlyT 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 10 ~ 0 through
0 07.
~.
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 maybe 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 nser or admission fees. Renter shall provide the Cif 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. egpres~
covenants and conditions, all and everyone of which Renter hereby covenars 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 shalt be permitted without. the written.
,~ permission. of the City 1Vlanager
AGENDA ITEM # 4D
NOVEMBER 13, 2006
~* 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 ail 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.
£ 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'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 far 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. Renter shall provide a written account. of all keys to a acility in
possession of Renter at the end of the contract o ® . If renter
can not account for all. keys, Renter will incur th cost of re-keying or
changing of the applicable Pocks. One key will b, provided at no cost to
Renter and any additional keys will require a ~~ 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 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~' day of January.
AGENDA ITEM # 4D
NOVEMBER 13, 2006
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 ~/~~ ~~' for injuries
to persons in one accident, ~/, ~~; ~~ for injuries to any one
person, and ~/ ~~ ~~ 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.
i. Renter may apply to the City Commission of Atlantic
Beach for a waiver of this insurance requirement. The City
Commission shall consider such application far 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.
ii. Renter agrees to indemnify and hold harmless the City
form 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:
iii. Additional provisions agreed upon by the City and
Renter:
4. Exclusive Use Dates and Times:
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.
~*
AGENDA ITEM # 4D
NOVEMBER 13, 2006
6. Control of Buildiing: 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.
?. 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 Cify, 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 shalt include, but not be I'imited 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"
AGENDA ITEM # 4D
NOVEMBER 13, 2006
CITY OF ATLANTIC BEACH
*"' RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
"" AGREEMENT made and entered into this .2 ~ day of C"G~ ~'G-rl~r (~~ ,
At Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC
BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Bah, Florida
~" 32233 (hereinafter "City"), and 1~ ~~ri . /~'~~ ~x~~~2__l EftC of
_ rj/(o -~~ QG v~ . Florida
(904) Z~ 9- x/ 7 7 (hereinafter "Renter").
WHEREAS, Renter desires to use the following public facility: _
-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
«/,/a~
AGREED AS FOLLOWS:
1. Le gth of Rental Term: This agreement shall run from through
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 chazged 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
~.
aw
AGENDA ITEM # 4D
NOVEMBER 13, 2006
~* 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'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 fwnishings 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. Renter shall provide a written account of all keys to the acility in
possession of Renter at the end of the contract /1/ i4 If renter
can not account for all keys, Renter will incur the cast 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 ~_ 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 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~' day of January.
AGENDA ITEM # 4D
NOVEMBER 13, 2006
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 ~/, ~OG~ o a o for injuries
to persons in one accident, ~/, aav,~ uO o far injuries to any one
person, and ~~~ Odor too 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.
i. 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.
ii. Renter agrees to indemnify and hold harmless the City
form 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:
iii. Additional provisions agreed upon by the City and
Renter:
4. Ezciusive Use Dates and Times:. `'1 c°' ~ ~~C,~~1
~.
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.
.~
AGENDA ITEM # 4D
NOVEMBER 13, 2006
~„ 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
day of
CITY OF ATLANTIC BEACH -°' `.
By: ('~ s
Its `'' RENTER'
"CITY" ~~ ~~
s,~ OCT-31 -2006 01 :4$ ~tM
P. 01
AGENDA ITEM # 4D
NOVEMBER 13, 2006
~„ CITY OF ATLANTIC BEACH
RENTAL C4NTItACT FOR PUBLIC FACILITIES
L~~.~i.~~i~
~. AGRBEMENT nnade and fired into thi~~ ~~.., daY of
At Atlantic Beach, Duval County, Florida, by between CITY OF A NTIC
~, BEACH, a Florida municipal corpor,~tioa, 800 Sem ~ ole Road, Atlantic Beach, Flonofa
3 (lareinaR~ "City', and ~ ~ ~-- hereinafter "Renter").
a.,, ~ F Florida (~) _~,.'~.l,:,~s~.~..,
~" WHEREAS, Ranter desitns to use the following public facility:
C. o ~ 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 lodg tens use, and
WHEREAS, the parties are incomplete 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 hareundm, and other valuable consideration, the receipt and
~, sufficiency of which fs aciawwledgai by both parties, it is
AGRIICED AS FpLLbWSa ot, thro
~, 1. Length of Rental Term:. This menu ll ~~ate the Adele Cirage ~
Q 36 A . It is anticipated with this year, the pmj
Community Center will begin. This contract will be suspended during victual
construction and h will bo the responsibility of the renter to remove all belongi~a~gs during
+~ ~ period
2. Amount and Time of'Paynsent: Renter, in exchange for use of the facility,
~"` shall pay to the City the amiual fee of 5200.Od at the time of signing this agreement.
Such fee may be waived at the discredon of the City Manager if Renter is a governmental
agency or an organization that provides a public service available to art, is non-proRt in
"' nature, and charges AO User or acimiSStorl fl:e9. Reuter shall provide the City with a eoPY
of its tax exempt form or other proof or evidence satisfactory to the City Manager of
Renter's noin-~oftt status.
3. Conditions: This agreement is made and entered into upon the following express
coveiciants and conditions. all and everyone of which Renter hereby covenants and agrees,
~• with the City, to doep sad perform:
a. No fees or admission costs shall be chargod to the public unless approved
in writing by the Ciry Manager.
OGT-31-2006 01:46 AM
P. O2
AGENDA TI'EM # 4D
NOVEMBER 13, 2006
w
~, b. No use of alcoholic beverages shall be permitted without the written
permission of the City Manager
~. C.Renta shall provide to the City s copy of audited i~cial statemieats if
shall provide all supportingdacuments th~i~wn fines ial sta~ments. ter
c. Renter shalt insure carapliance with all city, state and federal laws, as well
as any rules and regulations of the City far the government atul
~" management of the public facility, togethea~ with all rules and requirements
of the police and ftire dents of the City.
'~' d. Renter shall allow ~ discrimination based on race, sex, age, religion,
stational origin, disability or atharwise.
~* e. Beater shall make no alterations to the facility of s pent~anent nature
without the express wriitcn consent of the City Manager.
~. f. Renter's use of the faotlity is not oxclusive outside of the dates and tuna as
sat forth below.
,~ g, Renter shall leave the facility available for use by other parties if other
activities are scheduled or upon the request of City staff. This zrsy
indude nsmoval sad storage of Remer's property.
h. Renter shall correct any discrepancies noted by the City. Should
corrective action be t~cquired by the City, such action shall be the financial
responsibility of the Renter.
i. Beater Shall provide a written account of all keys to the acility in f ~~
possession of Renter at the end of the contract
can not aceouat fa all keys, Ranter will incur the cost of re-keying ~
changing dFthe applicable locks. Une key will be provided at no cost to
Renter sad any additional trays will require a.._...pL~.~ p~ Y
Rentor's expm:e.
!. Any exclusive use shall be asset forth below. T'he use of the facility in
addition to the occlusive use periods still bo requested thtaugh the Parks
and Recroation Disractar under the general rules, i.e., s facility may be
requested for short tem use by applying for such use after the 15s' day of
each month for a day or time period within the next month. for example,
any organization reques~$ the short term use of a City facility in the
month of February could apply for such use after the 15`" day of January.
P. Al
!~ OGT-$1-2006 01:51 AM
. AGENDA TI'EM # 4D
NOVEMBER 13, 2006
aw
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 accoutst of Renter`s
use of the premises, is an amount of at least I, o 00 ~ v 0 o for injuries
~, to persons in one accident, f , quo - onD ~' i°~"n~ ins~ance shall
person and 1, t~ , 6~ for damages to property,
be written by p y oi' contpas~ies a~cpts-ble to the City and
authorized to engage in the business of general Iiability insurance in the
State of Florida. Renter shall deliver to the City satisfactory proof ar
cvldencx of such insurance, and shall acme the City as an additional
insured user said policy.
a. Renter may apply to the CIry Commission of Atlantic Beach
for a waiver of this insurance requirement. The City
Commission shall consider such application for waiver on a
case by ~ basis, taking inter account the length of the lease
term, use of the public facility, number of persons involved
in said use, cost of tltie insurance, and any other factors
submnitted by Renter which unique and particular to the
Renter.
b. Renter agrees to indeaunify and lmld harmless the City farm
any and all liability, deibnse costs, including other face, loss
or damage which the City may suffer as a result of claims,
demands, costs or judgment against it, arising from atl
activities engaged in by Ranter in its use of tho following
publiv facility:
C. Additional provisions agreed upon by the City and
Renter
4. R:elusive Use Dates and
5, Detlnrerv a+t ~'~,ci r The City shall deliver the facility to Renter in good
~" working condition, with any necessary facilities and udlities, and in clean
condition.
0
AGENDA ITEM # 4D
NOVEMBER 13, 2006
6, ~ nntrol Qf Batld~t ~ -6 said faedlty to Renter, the City does not
relinquish the right to control the managemetrt and operation of the facility,
and t,>u City 1VCanager ar his designee may enter the fl~ucility and all of the
demised premises ax anytime and on any occasion.
Renter st+a11 not assign this agreement nor suffer any use of the
y+ ~~ ifi nor sublet the facility or any part thereof,
facility other than herein spec ed,
without the written consent of the City.
g, : Incase the Renter shall default in the perforntancx of any covenant
or agreement contained hareia, and such default shall continue for ten (10)
~y$ aRer receipt by the Renter of written notice thex+eof given by the City,
then the City, at its option, tray declare this agreement ended. In that event,
Renter shall imcnpdiately removt 8U persons and its Ixoperty from the facility,
and falling to do so, the City may cause such removal either with or without
process of law, at Renter's expense. Tl-ese expenses shall include, but not be
limited m, ruble attomcy's fees incurred by the city, whether suit is filed
or not:'
~ ~~gg WHEREOF, we have hereunto set our hands and official seals this
day of .~...~
CITY OF ATLANTIC BEACH
BY=
Ib
"CITY"
~~~
E