Agenda Item 4BAGENDA ITEM # 4B
OCTOBER 14, 2013
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Authorize the City Manager to sign the contract with Atlantic
Beach Experimental Theater (ABET)
DATE: September 9, 2013
SUBMITTED BY: Timmy Johnson, Recreation Director
BACKGROUND: The Atlantic Beach Experimental Theater (ABET) has been offering
theatrical performances, adult and children's workshops at Adele
Grage Cultural Center for a number of years. In the past, ABET
has entered into a contract with the City which include the
payment of a fee for the use of the facility. Staff met with ABET
and updated the contract which gives the ability to be more
flexible when scheduling use of the facility for ABET and to better
serve the other facility users.
The contract provides opportunities for inclusion and
participation for low income residents who may not otherwise be
able to afford to participate.
BUDGET: The fee in the contracts is $200 for the year, which is consistent
with similar contracts in previous years.
RECOMMENDATIONS: Authorize the City Manager to sign the contract with Atlantic
Beach Experimental Theater (ABET)
ATTACHMENTS:
ABET Proposed Contract
REVIEWED BY CITY M ,A . , !e
AGENDA ITEM # 4B
OCTOBER 14, 2013
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 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, 2013 through
September 30, 2014.
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
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AGENDA ITEM # 4B
OCTOBER 14, 2013
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.
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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 fee at Renter's expense.
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.
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AGENDA ITEM # 4B
OCTOBER 14, 2013
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.
m. 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
n. Renter will provide a mechanism to assure that children are not denied the
opportunity to participate due to their inability to pay the registration or
other related fees.
4. Additional provisions agreed upon by the City and Renter: The Adele
Grage Cultural Center is scheduled for use by several groups, sometimes at
the same time. The Recreation Department is responsible for scheduling use
of the facility and being as accommodating as possible. At the same time,
groups using the facility must show consideration for others using the facility.
The City and ABET have agreed to the following:
• ABET shall keep the facility clean and presentable for public showing
and use by others.
• ABET shall provide a reasonable use calendar for the length of the
contract. The City retains the right to rent the facility to others and use
the facility for City events.
• Access to the facility will be based on the schedule of events shown on
the calendar.
• All use of the facility must be scheduled through the Recreation Office
in advance (one day notice).
• ABET can request use of the community room and theater whenever
the facility is available; with the understanding that paid renters have
priority.
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.
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AGENDA ITEM # 4B
OCTOBER 14, 2013
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, OF, we have hereunto set our hands and official seals this
day of
CITY OF ATLANTIC BEACH
By:
Its:
"CITY"
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