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HomeMy WebLinkAboutR-2004-101Lease agreement with Water Polo, inc for use of P.J. Meli Park pool RESOLUTION NO. 2004-101 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING EXECUTION BY THE PROPER CITY OFFICIALS OF A LEASE AGREEMENT BETWEEN THE CITY AND SOUTH FLORIDA WATER POLO, INC. FOR THE TEMPORARY USE OF THE PATRICK J. MELI PARK POOL TO CONDUCT THE 2004 USA WATER POLO NATIONAL JUNIOR OLYMPICS EVENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Lease Agreement between the City of Dania Beach and South Florida Water Polo, Inc., for the temporary use of the Patrick J. Meli Park Pool to conduct the 2004 USA Water Polo National Junior Olympics Event, a copy of which is attached and made a part of this resolution as Exhibit "A", is approved. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Such Agreement shall not be deemed accepted by the City unless and until the City has completed its execution of the Agreement. Section 3. That all resolutions or parts of resolutions in conflict with this resolution shall be repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on June 8, 2004. ATTEST: H C.K. MCELY �a4w � MAYOR - COMMISSIONER LOUISE STILSON CITY CLERK ROLL CALL: COMMISSIONER ANTON - YES APPROVED AS TO FORM AND COMMISSIONER CHUNN - YES CORRECTNESS: COMMISSIONER FLURY - YES VICE-MAYOR MIKES - YES BY: (�� MAYOR MCELYEA - YES TH" MA J. ANSBRO CITY ATTORNEY 1 RESOLUTION NO. 2004- 101 AGREEMENT This is an Agreement, entered into on jet ? , 2004, between THE CITY OF DANIA BEACH, a Florida municipal corporation (the "City") and SOUTH FLORIDA WATER POLO, INC., a Florida corporation (the "Lessee"). This Agreement contains terms and conditions underwhich the Lessee may use the City's municipal pool at Meli Park(the"Park")for the purposes of conducting the 2004 USA Water Polo National Junior Olympics on the dates of July 24 — 27 (for boys' events) and July 29 —August 1, 2004 (for girls' events) (both boys' and girls' events are jointly referred to as the "Event"), from 9:00 am to 7:00 pm, each day. IN CONSIDERATION of the mutual promises and covenants contained in this Agreement, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are acknowledged, the parties, intending to be legally bound, agree as follows: Section 1. The City shall receive the sum of Five Hundred ($500.00) Dollars per day for the use of the facility and other services or equipment as listed below. Payment is due in full fifteen (15) days in advance of the first day of the event. Section 2. Lessee shall provide a certificate of general liability insurance in the amount of at least One Million ($1,000,000.00) Dollars that shall name the City an additional insured prior to any activity taking place within the Park. Such policy shall extend general liability coverage to all participants and all persons associated with the Event. A certificate evidencing such coverage shall be provided to the City Risk Manager no later than July 9, 2004. Section 3. Both parties agree that Lessee (or its designee)shall collect admission at the gate, sell merchandise and programs and otherwise utilize the facility to conduct a national championship water polo competition for boys and girls eighteen (18)years of age and younger. Lessee shall provide sufficient lifeguards to meet applicable safety requirements. City agrees to provide tables and chairs, a maintenance person to be available in case of emergency, removal and storage of lane lines and electrical outlets for scoring and timing systems. City represents to Lessee that the facilities in the Park comply with the requirements of the Americans with Disabilities Act-, however, it is the sole -1- responsibility of Lessee to make or arrange for any special needs or reasonable accommodations requested by any attendee of the Event who claims that he or she has a disability for which special needs or reasonable accommodations must be made. If Lessee fails to fulfill its responsibility in those respects or it is alleged that Lessee failed to fulfill such responsibility, Lessee agrees to indemnify and hold the City (including its elected officials, officers, employees and agents) free and harmless from any claims of any kind relating to such matters, to the full extent and subject to the provisions of Section 4, below. Section 4. Lessee agrees to indemnify and hold harmless the City (including its elected officials, officers, employees and agents) from and against any and all claims, costs, losses and damages (including but not limited to all fees and charges of any kind and all court or other dispute resolution costs), liabilities, expenditures, or causes of action of any kind (including negligent acts or omissions of the City, as well as negligent, reckless or willful, intentional acts, errors or omissions of Lessee and any person or entity employed by, related to or associated with the Lessee in any way) and any person or organization directly or indirectly employed'by the City, directly or indirectly arising from, relative to, or caused in connection with the Lessee's use of the Park. This indemnity includes, but is not limited to, claims attributable to bodily injury, sickness, disease or death, and to injury, or loss or destruction of tangible property, including claims for the loss of use of such property. Lessee agrees, at Lessee's expense, after written notice from the City to defend any action against the City that falls within the scope of this provision, or the City, at the City's option, may elect instead to secure its own attorneys at Lessee's cost to defend any such action. If a claimant prevails in a lawsuit or any action mentioned above,then any and all reasonable costs and expenses of the City incurred in responding to any such action shall be payable by Lessee. Lessee agrees to also indemnify, defend, save and hold harmless the City (including its elected officials, officers, employees and agents), from all damages, liabilities, losses, claims, fines and fees and from any and all suits and actions of every name and description that may be brought against City, its officers, agents and employees on account of any claims, fees, royalties, or for the infringement of any and all copyrights or patent rights claimed by any person, firm, or corporation. Section 5. Compliance With Laws: The Lessee shall comply with all federal, state and local laws, codes, ordinances, rules and regulations in performing its duties, • -2- responsibilities and obligations related to this Agreement, specifically including all water safety laws, rules and regulations. Section 6. Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or delivered by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. Notice shall be deemed given on the day on which personally served,or if by mail, on the date of actual receipt. The place forgiving notice shall remain the same as set forth in this Agreement until changed in writing in the manner provided in this Section. For the present, the parties designate the following: For City of Dania Beach: Mr. Ivan Pato City Manager 100 West Dania Beach Boulevard Dania Beach, Florida 33004 ® With a Copy to: Thomas J. Ansbro, City Attorney 3107 Stirling Rd., Suite 300 Ft. Lauderdale, FL 33312 For Lessee: South Florida Water Polo, Inc. Attention: 1135 r�ir.f k F6 3 33I6 • -3- Section 7. Severance: In the event this Agreement or any portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective. Section 8. Applicable Law and Venue: This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. Section 9. Attorneys' Fees. If either the City or Lessee is required to incur attorneys' fees and costs to enforce this Agreement, the prevailing party in any litigation shall recover all of their attorneys' fees and costs at both trial and appellate levels. Section 10. Amendments: No modification, amendment, oral statement, representation, understanding or alteration in or from the terms or conditions contained in this Agreement shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by both the City and the Lessee. IN WITNESS OF THE FOREGOING, the City has caused this Agreement to be signed by its Mayor-Commissioner, City Manager, attested by the City Clerk with the corporate seal of the City of Dania Beach, and the Lessee has executed this Agreement effective as of the date set forth above. CITY OF DANIA BEACH, FLORIDA ATTEST: BY: Mayor-' Com i sioner--� BY: Louise Stilson, City Clerk Ivan o, City Manager APPROVED AS TO LEGAL SUFFICIENCY: BY: Tho—ma� J,./Ahsbro, City Attorney -4- LESSEE: South Floriy-4?Water Polo, Inc. CORPORATE SEAL: By: Print Name: � -�� E .� 0 Title: r;es STATE OF FLORIDA COUNTY OF j�3o t-Vct ('(S BEFORE ME, on 2004 personally appeared � � c-� l , as �n � ( of South Florida Water Polo, Inc., a Florida corporation, and acknowledged execution of the foregoing Agreement for the use and ® purposes mentioned in it , and such person is personally known to me or has produced as identification and did (did not) take an oath. MY COMMISSION EXPIRES: / v Notary P �.talY' to P�d �®g M .= My mms'gn Expires Dec 28,2W6 ,91 Commission#DD160540 Fp„;.. Bonded By Notional NGtc�rY A�tn. - -5- WAGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: 6/8/04 2. DESCRIPTION OF AGENDA ITEM: TO HAVE THE SOUTH FLORIDA WATER POLO, INC RESOLUTION AND AGREEMENT, REGARDING THE NATIONAL WATER POLO JUNIOR OLYMPICS EVENT TO BE HELD AT PATRICK J. MELI PARK FROM JULY 24-AUGUST 1, 2004, APPROVED AND SIGNED. 3. COMMISSION ACTION BEING REQUESTED: Adopt Resolution or Ordinance X Expenditure Award Bid/RFP Presentation General approval of item Continued from meeting Other(please explain) • 4. SUMMARY EXPLANATION & BACKGROUND: CITY WILL BE PAID $4,500.00 TO HOLD THE NATIONAL JUNIOR OLYMPIC WATER POLO TOURNAMENT FROM JULY 24- AUGUST 1, 2004 AT PATRICK J. MELI AQUATICS COMPLEX. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): N/A 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ Fund: GENERAL: WATER: SEWER: STORMWATER: Account name: Account#: Finance Director Approval: Date: 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Mehgan Heaps Date June 2, 2004 Kristen L. Jones Department Director Date June 2, 2004 City Manager Date • CITY OF DANIA BEACH ' MEMORANDUM DUM TO: Kristen Jones, Parks and Recreation Director Meghan Heaps, Senior Recreation Program and Facilities Manager CC: Mary McDonald, Human Resources Director/Risk Manager Patty Varney, Finance Director Louise Stilson, City Clerk Ken Koch, Building Official FROM: Tom Ansbro, City Attorney • DATE: April 23, 2004 RE: Proposed Lease Agreement Between the City and South Florida Water Polo, Inc. for National Water Polo Junior Olympics Event (Meli Park Pool) Attached is a proposed Lease Agreement. Please note the following: 1) I drafted a provision to require payment in advance, rather than after the Event is held, as the Company proposed (see Section 1). It is a business decision as to whether the City wishes to agree to payment after the Event and if so, this can be revised. Please also confirm that the Park (pool) use is for a total of nine (9) days for a total of $4,500.00. The proposal submitted by the Company is not entirely clear (i.e., the proposed use is for July 24- 27 and July 28-August 1; if the use is continuous, from July 27 to and including August 1, the second paragraph of page 1 should be revised to so state. 2) The insurance certificate must be presented to Mary McDonald by July 9, 2004 (two weeks before the event start date; see Section 2); i Kristen Jones Meghan Heaps April 23, 2004 Page 2 3) it may not be an issue, but if you believe you may need to identify "how many" tables and chairs, you may want to do so and add that commitment into the Agreement, (see Section 3); and 4) although the Company's proposal did not address lifeguards, Ms. Heap mentioned that the City would provide a lifeguard (her April 20, 2004 e-mail to me). It would be preferable if the Lessee provided its own lifeguard(s) (and Section 3 has been drafted to provide for that). However, if the City has agreed or is willing to agree to provide one or more lifeguards, the Section will have to be changed. Also, in either case, please confirm that o� one lifeguard will be needed and that such staffing will meet state Red Cross and any other applicable safety requirements or guidelines (presumably, depends upon the maximum number of persons who will be using the pool at any one time). This issue must be addressed. For Ken Koch: please also ensure that, if necessary, the City electrical inspector reviews and approves the use of electrical service (connections) for the scoring and timing system proposed to be used by the Company. Also attached is an authorizing Resolution, so this should be added to the agenda for the first City Commission meeting in May. 566.028 TJA:slw Attachment 2