Agreement 10-14-10 v AGREEMENT
AGREEMENT made and entered into this day of October, 2010, at Atlantic Beach,
Duval County, Florida, by and between the CITY OF ATLANTIC BEACH, FLORIDA, a
Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter
"City"), and ATLANTIC BEACH DOG PARK COMMITTEE , Atlantic Beach, Florida 32233
(hereinafter"Dog Park Committee").
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WHEREAS, the City intends to construct certain facilities on its property around the
Hopkins Creek Retention Pond to allow use by the public for a dog park,and
WHEREAS, initial funding for construction of these facilities will come from a grant in the
amount of$15,000.00 to the City from the City of Jacksonville and approximately $7,000.00 from
the Atlantic Beach Dog Park Committee,of which$2,470.00 has already been paid to the City from
donations made in the memory of Scot Debuty, a long time resident of the City who passed away
on May 5,2009,and
WHEREAS, it is anticipated that the Dog Park Committee will provide the balance of the
$7,000.00 before construction begins and will raise funds for future dog park improvements and/or
additions as well as for maintenance of said park through a variety of measures as described below,
and
WHEREAS, any such improvements and/or additions shall be constructed by the City or
contractors working for the City,and
WHEREAS, the parties are in full and complete agreement to all terms, provisions and
conditions as set forth herein.
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 hereby
acknowledged by both parties,it is
AGREED AS FOLLOWS:
1. Responsibilities for the operation and maintenance of the dog park shall be
performed by the parties as follows:
(a) City: The City shall mow the park regularly; empty the trash cans, spray
for ticks and fleas, and purchase bags for citizens to use in disposing of dog droppings. The City
shall also be responsible for repairs to park facilities, such as the access control system, fences,
water stations, and the like. The park is to be owned and operated by the City with hours from
approximately dawn to dusk. It is anticipated that a key card entry system will be used to gain
access to the park and the City will charge an annual fee for issuance of those cards with the fee
to be determined by the Mayor and City Commission. Funds generated from this fee shall be
used to pay the City's expenses for maintaining the dog park. The initial fee will be $50 for first
dog, $25 for additional dogs with a $25 / $15 fee for the initial, partial year. A separate fee
structure will be in place for guests / visitors. The City will include information about the dog
park, including location,rules and hours of operation on its website.
(b) DOG PARK COMMITTEE: The members of the Dog Park Committee
and volunteers are to pick up trash on the grounds routinely, including picking up any dog
droppings that were not removed by the dog owners. Volunteers will also refill the litter bag
dispensers with bags provided by the City. The Dog Park Committee is expected to raise funds
to participate in the regular major items of maintenance for the park as funds are available. Such
items anticipated may include, but are not limited to, re-sodding, fence replacement and other
major maintenance expenses.
2. The Dog Park Committee shall be allowed to raise funds for future maintenance,
improvements and/or additions to the dog park property as follows:
(a) Banners. It will be acceptable to locate no more than four banners with a
maximum size of 3 feet by 4 feet inside the fence around the dog park, except that banners shall
not be placed on the decorative fence on the northern boundary of the park. The location, type of
materials, and language on these banners must be approved in writing by the City Manager or his
authorized representative prior to placement. No banner shall be left up for more than six
months (to be enforced by the Dog Park Committee). Banners shall not display advertising for
private businesses other than the name of the business (telephone numbers or website addresses
are specifically prohibited) and the City reserves the right to prohibit any advertising that may be
offensive or not suitable for use in a family park.
(b) Brick sales. There will be a 12 foot by 18 foot bricked area at the entry to
the dog park for which the Dog Park Committee can "sell" bricks to replace the initial ones
installed at the construction. These bricks sold can designate names of animals, individuals or
businesses, but shall not include any advertising such as telephone numbers or website addresses.
(c) Other fundraising events on the site. Events are anticipated,but they must
be approved and coordinated with the City Manager or his designated representative beforehand.
The City will promote these events on its website. Scheduling of these events must take Sunrise
Community Church event scheduling into account and avoid conflicts with Church events
3. Other provisions:
(a) The City reserves the right to deny issuance of an annual card or pass to
the dog park or to cancel any existing card or pass if any individual has been disruptive,violates
any laws or local rules(including failure to pay fee for card renewal), fails to clean up after their
dog or has an aggressive dog that may endanger other users (either human or animal).
(b) The Dog Park Committee shall provide to the City the names and contact
telephone numbers of all of its officers, as well as an accounting of their revenues, expenses and
current fund balance annually beginning October 1,2010.
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4. Either party hereto may terminate this Agreement with thirty (30) days written
notice to the other party.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date
first above written.
CITY OF ATLANTIC BEACH ATLANTIC BEACH DOG PARK
COMMIITTEE
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By By
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James . Hanson, City Manager
Its e/11 S ►D On--
"CITY" "DOG PARK COMMITTEE"
APPROVE P AS TO FORM AND CORRECTNESS:
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Ci •tto ey
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