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Agenda Item 8AAGENDA ITEM # 8A JUNE 10, 2013 AGENDA ITEM NO. DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA: Authorize the City Manager to enter into an agreement with Beaches Habitat for the renovation and use of Jordan Park Community Center DATE: May 17, 2013 SUBMITTED BY: Timmy Johnson SRATEGIC PLAN LINK: None BACKGROUND: Beaches Habitat currently has an agreement with the City to run its organization from the Jordan Park Community Center. Recently, Beaches Habitat opened a new facility for its administrative offices, but would like to keep the education staff at the Jordan Center. Because of this change, Habitat is requesting to renovate the Jordan Center, which will enhance the after - school program. Renovations include a larger kitchen with new appliances, new flooring, a larger conference area, a drop ceiling in the main center, painting and furniture. The renovations cost is estimated at $50,000, which Beaches Habitat will fund. Beaches Habitat is also requesting to enter into another agreement which will allow use of the Jordan Park Center for its education staff and construction meetings. BUDGET: Beaches Habitat will budget funds to renovate the Jordan Park Community Center RECOMMENDATIONS: Authorize the City Manager to sign the agreement with Beaches Habitat for the renovation and use of Jordan Park Community Center ATTACHMENTS: Agreement REVIEWED BY CITY MANAGER: AGENDA ITEM # 8A JUNE 10, 2013 AGREEMENT AGREEMENT made and entered into this day of , 2013, by and between the CITY OF ATLANTIC BEACH, FLORIDA, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City "), and BEACHES HABITAT FOR HUMANITY, INC., a Florida non -profit corporation, 1671 Francis Avenue, Atlantic Beach, Florida 32233 (hereinafter "Habitat'). WHEREAS, the parties have entered into several prior agreements regarding the construction and use of the Jordan Park Community Center (hereinafter "JPCC ") located at 1671 Francis Avenue, Atlantic Beach, Florida 32233, and WHEREAS, the City and Habitat have jointly occupied JPCC over the years under various agreements regarding the use of said facility and the programs conducted therein, and there existed what were commonly called the City side and the Habitat side of the building, and WHEREAS, Habitat has opened new administrative offices resulting in the need for less space at JPCC and desires to expand JPCC to expand the after school and education center programs focusing on City residents and Habitat homeowners located in Atlantic Beach, and also desires to continue a long term relationship with the City to support the operation of these programs at JPCC, and WHEREAS, Habitat will continue to assist in the operation of after school, summer and other educational programs in cooperation with, and under the general supervision of, the City, and WHEREAS, the City will continue to provide space in JPCC for Habitat educational personnel and meetings for Habitat volunteers and collegiate challenge program participants during the eight (8) week spring collegiate challenge program, and WHEREAS, the parties are in full agreement regarding all terms and provisions set forth below. NOW THEREFORE, in consideration of the mutual covenants and promises as set forth herein, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is therefore AGREED AS FOLLOWS: 1. Habitat shall renovate JPCC to include the changes set forth on the attached architectural renderings and in accordance with approved plans, as follows: (a) Habitat will spend approximately $50,000.00 to complete said renovations. (b) The renovations shall include a "drop ceiling" in the large community of JPCC to reduce noise during tutoring. (c) New flooring material shall be installed to keep JPCC cleaner. AGENDA ITEM # 8A JUNE 10, 2013 (d) The interior of JPCC shall be completely repainted. (e) Furniture required to accommodate existing and any new programs will be provided. (f) A larger kitchen with new appliances will be provided. 2. Habitat shall obtain all required building and related permits from the City and any other local or state agencies in connection with the renovation of JPCC. Habitat shall be solely responsible for any and all required insurance coverage during said renovations, including, but not limited to, workers' compensation, if applicable, and shall indemnify and hold the City harmless from any claims in connection with the construction activities related to renovations of JPCC. 3. Habitat shall be solely responsible for the safety of the premises during the construction and renovations to JPCC and shall indemnify and hold the City harmless from any claims in connection therewith. 4. The City shall continue to support its programs, including after school programs, for a period of at least ten (10) years from the date hereof. 5. The parties shall have regularly scheduled meetings, at least once a month, to coordinate plans and programs to insure the best possible integration of activities and programs for the benefit of the entire community. Representatives of both parties shall attend all meetings as requested and required. 6. The parties shall cooperate fully with each other so that all adults at JPCC, including volunteer workers, undergo background checks as recommended by the Atlantic Beach Police Department. 7. In regard to the ongoing activities and use of JPCC: (a) The City shall continue to pay for all utilities, cleaning and maintenance of the premises. (b) The City shall schedule all events at JPCC. Habitat shall have the right to use JPCC for morning meetings with that day's volunteer workers, as well as schedule JPCC during the eight (8) week collegiate challenge program in the spring. (c) The City and the Habitat sides of the building will no longer exist. The entire facility is now dedicated to educational and after school programs. The City shall keep three (3) existing offices available for Habitat educational personnel to be located in JPCC and no rent shall be charged for these three offices or for other Habitat functions described herein 8. This Agreement supersedes all prior agreements entered into between the parties and all such agreements shall deemed null and void and of no further force or effect upon execution by all parties of this Agreement. K AGENDA ITEM # 8A JUNE 10, 2013 9. No - modification, amendment, or alteration of the terms or conditions of this Agreement shall be effective unless contained in a written document executed by the parties hereto. 10. All notices, demands, or other writings required to be sent as a result of this Agreement, shall be deemed to have been fully sent when in writing and addressed as follows. City of Atlantic Beach City Manager 800 Seminole Road Atlantic Beach, FL 32233 -5800 Beaches Habitat For Humanity, Inc. President 1761 Francis Avenue Atlantic Beach, FL 32233 All notices required, or which may be given hereunder, shall be considered properly given if (1) personally delivered, or (2) sent by certified United States mail, return receipt requested. The effective date of such notices shall be date personally delivered or, if sent by mail, the date of the postmark. 11. This Agreement shall be construed under and controlled by the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date first above written. CITY OF ATLANTIC BEACH By James R. Hanson, City Manager "CITY" BEACHES HABITAT FOR HUMANITY, INC. r Its APPROVED AS TO FORM AND CORRECTNESS: Alan C. Jensen, Esquire City Attorney 3 "HABITAT"