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HomeMy WebLinkAbout2026-04-06 I01J Statement of Agreement for Facility RentalsAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 6, 2026 AGENDA ITEM:Consideration of approval of a resolution approving the Statement of Agreement for City Facility Rentals FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The Parks & Recreation Department is seeking approval of the Statement of Agreement for City Facility Rentals to include language that mentions reasons for forfeiture of the $150 refundable deposit. City staff have worked with the City Attorney to develop an updating agreement for renters of all City facilities. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the agreement language. ATTACHMENTS: I. Proposed Resolution II. Statement of Agreement for Facility Rentals PREPARED BY:Josh VandeKamp, Assistant Parks & Recreation Director REVIEWED BY: Matt Jermier, Parks & Recreation Director Steve Brick, City Attorney PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1J THE CITY OF WAUKEE, IOWA RESOLUTION 2026- APPROVING THE CITY OF WAUKEE STATEMENT OF AGREEMENT FOR FACILITY RENTALS [PARKS & RECREATION DEPARTMENT] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, the City of Waukee Parks & Recreation Department has worked with the City Attorney to update the agreement for City facility rentals; AND, WHEREAS, revisions include the additional reference to a refundable $150 deposit and language to inform facility renters of actions that will result in forfeiture of the deposit. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 6th day of April, 2026, that the City of Waukee Statement of Agreement for Facility Rentals], is hereby approved and shall be in effect immediately. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Kala Anderson Chris Crone Rob Grove Lori Lyon Anna Bergman Pierce Facility Statement of Agreement: Payment Policy: Reservation is confirmed when payment is received in accordance with the rate schedule. The renter assumes full responsibility for any damage caused to any facilities during the rental and will be charged at the rate of 1.5 times the employee's hourly rate for time required to repair, clean up, etc. Minimum charge of $50 per hour. Deposit: The rental deposit will be refunded to renter within 5 business days of the conclusion of the rental less any costs incurred by the City to repair, clean or otherwise satisfy in whole, or in part, damages that may occur during renter’s rental of the facility. Further, the rental deposit may be forfeited and otherwise retained by the City as a penalty in the event the renter, or their guests, fail to adhere to the terms of this agreement and the rules for use of the facility, in the sole discretion of the City. Cancellation Policy: Facility rental refunds may be issued for reservations only when cancellations are made 10 business days prior to the date of reservation. There will be a $10 cancellation fee for any rental facility refund. Cancellations later than 10 business days prior to the date of the reservation will result in forfeiture of the rental payment and rental deposit. Keys: An email will be sent to the renter the Monday prior to the rental with key information. The renter will meet a Site Supervisor at the facility to receive the key. If a facility site supervisor is not available the renter will need to pick up a key from the office during regular business hours, M-F before 4 p.m. To return the key, renters must place the key in the drop-box by the rental facility front door upon the end of the rental. Lost or unreturned keys will result in a re-keying of the building, and the renter will be responsible for all charges incurred. Failure to meet the requirements of this section will also result in forfeiture of deposit. Alcohol Policy: The renter further agrees that no alcoholic beverages of any sort will be served to any minor or intoxicated person and renter accepts all responsibility for assuring compliance. No kegs or glass containers of any kind shall be allowed on the premises. The renter agrees to be fully responsible, and to indemnify and hold the City harmless for any and all liability, claims or damages in any way related to renters use or occupancy of the facility including but not limited to claims that may arise as a result of any accident, injury, or damage to persons or property arising or in any way related to renter’s rental of the facility. Failure to meet the requirements of this section will result in forfeiture of deposit. Cleaning & Restoration: The renter will thoroughly clean the Facility including the bathrooms and all facilities therein after renter's use. It is also the responsibility of the renter to restore the rental area to the condition existing prior to the renter's occupancy which includes restoring furnishings to their location and their condition existing prior to renter's use. A clean-up check sheet is provided at the Facility. Failure to meet the requirements of this section will result in forfeiture of deposit. Responsibility for Attendees: The renter is responsible for the behavior of their guests and must ensure all people in attendance abide by the Facility rules and this agreement. Failure to meet the requirements of this section will result in forfeiture of deposit. Damages: The renter hereby agrees to indemnify and hold harmless the City of Waukee for any damage occurring to the Facility during the renter's, and their guests, actions, use or occupancy of the facility during the rental period. Failure to meet the requirements of this section will result in forfeiture of deposit. Loud Noises or Music: No excessively loud noise or music shall be permitted by the renter of the facility. The renter shall fully comply with all City noise control ordinances and rules applicable to the use of sound equipment. Failure to meet the requirements of this section will result in forfeiture of deposit. Animals: No animals except service animals shall be allowed in the facility. Failure to meet the requirements of this section will result in forfeiture of deposit. Smoke Free Environment: Smoking Is NOT permitted in the facility or within 20 feet of the building. Failure to meet the requirements of this section will result in forfeiture of deposit. Indemnity - IN CONSIDERATION FOR USE OF THE FACILITY, THE RENTER AGREES THAT THEY WILL USE THE FACILITY AND EQUIPMENT AT RENTERS SOLE RISK. RENTER FURTHER AGREES THAT THE CITY OF WAUKEE WILL NOT BE RESPONSIBLE FOR ANY OR ALL INJURY, ILLNESS, LOSS, THEFT OR DAMAGE TO RENTER, RENTERS PROPERTY OR RENTERS GUESTS BEFORE, DURING OR AFTER THE EVENT WHILE ON THE FACILITY PREMISES. RENTER AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY OF WAUKEE FOR ANY AND ALL LOSS, DAMAGE, INJURY OR COSTS RENTER OR RENTER'S GUESTS MAY SUSTAIN DURING OR AFTER THEIR PRESENCE AT THE FACILITY AND/OR PARTICIPATION IN THE EVENT. RENTER AGREES TO INDEMNIFY AND HOLDS HARMLESS THE CITY OF WAUKEE FROM AND AGAINST ANY LOSS, DAMAGE, INJURY OR COSTS CAUSED BY RENTERS' ACTS OR OMISSIONS, NEGLIGENCE OR OTHERWISE, INCLUDING ANY COSTS AND ATTORNEY FEES INCURRED THEREBY ARISING OUT OF RENTER PRESENCE AT THE FACILTY OR PARTICIPATION IN THE EVENT. RENTER AGREES THAT THE FOREGOING RELEASE, WAIVER AND INDEMNITY AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF IOWA AND THAT IF ANY PORTION THEREOF IS HELD INVALID IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT. I hereby state that I have read the above and foregoing contract that I understand all the terms therein and agree to be bound thereby. I further agree that my, and my guests, use and occupancy of the Facility will comply with all terms of this contract and the rules for the use of the facility.