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HomeMy WebLinkAbout2008-02-04-Resolutions 08-28_Ridge Pointe Park Pavilion - Form of Rental AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 08-28 APPROVING THE FORM OF RENTAL AGREEMENT FOR THE RIDGE POINTE P ARK PAVILION IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,the Parks and Recreation Department has proposed a form of agreement and contract,including associated fees,for the rental of the Ridge Pointe Park Pavilion; AND, WHEREAS,Waukee City staff and the City Attomey have reviewed said rental agreement,which is attached hereto and by this reference incorporated herein,and recommend approval; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa on this the 4th day of February 2008 that the Ridge Pointe Park Pavilion Rental Agreement and associated fees are hereby approved. Attest: 1 ROLL CALL VOTE Donald L.Bailey,JI. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE X X X X X NAY ABSENT ABSTAIN I Contract for use of the Ridge Pointe Pavilion The Ridge Pointe Pavilion (hereinafter referred to as "Pavilion")is made available to persons in the community for their pleasure during the times that it is not being used for Parks and Recreation Programs.Organizations and individuals reserving the Pavilion will be subject to the following contract. The undersigned (hereinafter referred to as "Renter")hereby agrees with the City of Waukee, Iowa (hereinafter referred to as "City")as follows. 1.Resident Status:To be considered a resident of Waukee,you must have a Waukee address, either in-town or rural.The Waukee Post Office must deliver your mail.Non-residents are also eligible to rent the Center. 2.Rental:The Pavilion is rented on a first come,first serve basis.To ensure fairness to all renters a rental reservation is guaranteed upon the receipt of the rental fee and deposit,both of which must be paid upon completion of rental agreement.Rental checks will not be deposited until the month before the rental.The Pavilion may be reserved by a resident up to one (1)year in advance. The Pavilion may be reserved by a non-resident up to three (3)months in advance. 3.Rent and Deposit:Renters with resident status shall pay $40 for a half day or $80 for a full day.Non-resident renters shall pay $60 for a half day or $120 for a full day.A refundable deposit of $150.00 is required to reserve and use the Pavilion.Reservations and payment shall be made at the Waukee Parks and Recreation office in cash,personal check,business check or money order or by mailing a personal or business check or money order to:Waukee Parks and Recreation;230 Highway 6;Waukee,IA 50263 4.Cancellation Refunds:Rental fees for residents will be refunded to the renter if the Parks and Recreation Department receives written notification at least thirty (30)days prior to the day for which the Pavilion is reserved.Cancellation within the 30 days preceding the reservation will result in rental fee forfeiture.Upon cancellation,rental deposits will be returned or destroyed. Rental fees for non-residents will not be refunded due to cancellation. Renter's initials:_ 5.Keys:An entry key may be picked up at the Waukee Parks and Recreation office the business day prior to the day rented.If the key is not picked up before 5:00 PM either on the day of rental or by 3:00 PM the Friday before the date ofrental,$50 will be deducted from the deposit for any City Employee having to return to the office to obtain the key for the renter.The key must be returned to the Parks and Recreation office within two days after the use of the Pavilion.The key may be given to the secretary/receptionist at the Parks and Recreation office or dropped in the overnight slot,which is used for utility payments at City Hall.Lost keys or keys not returned to the Parks and Recreation Department within two days after the use of the Pavilion will result in the full amount of the deposit to be withheld.This amount will cover changing the locks and re-keying the building.Renter's initials:_ 6.Cleaning &Restoration:All renters will clean and sweep the Pavilion including the bathrooms and all facilities therein after renter's use.It is also the responsibility of the renter to restore the Pavilion 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.The pavilion must be returned to the same condition as prior to rental.Tables and chairs are to be placed as was when first entering the Pavilion.A minimum charge of $40 will be deducted from the deposit,if the facility has not been cleaned properly or if tables and chairs are not returned to their designated 02/0512008 locations.If the clean up takes longer than an hour,an additional $35 per hour will be deducted until the clean up is completed.Renter's initials:_ 7.Damages:Renter hereby agrees to indemnify and hold harmless the City for any damages occurring to the Pavilion during the renter's occupancy or during occupancy of guests of renter r ) during the rental period.Renter also agrees to indemnify and hold harmless the city for any and all claims,demands,damages or lawsuits that may arise or accrue,of any nature whatsoever, during renters rental of the Pavilion,including but not limited to any injuries to persons or property.Renter's initials:_ 8.Deposit forfeited for damages or failure to clean or restore:if,in the sole judgment of the City,there is damage to the Pavilion,the City may withhold any or all of the deposit paid by the renter.This remedy shall be in addition to all other remedies including but not limited to legal action to recover damages.Renter shall be responsible for any and all attorney's fees and expenses incurred by the City in recovering any amounts due either under this agreement or at law. Renter's initials:_ 9.Beverages:The undersigned further agrees that no alcoholic beverage 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 undersigned agrees to be fully responsible for all accidents or claims that may arise as a result of any accident,injury, or damage to persons or property during the time that the undersigned has the Pavilion rented. Renter's initials:_ 10.Guests:Renter understands and agrees that they are responsible for the actions,or inactions,of 1 anyone on the premises. 11.Loud Noises or Music:No excessively loud noise or music shall be permitted by the renter of the Center.Amplified music is prohibited unless a noise permit is obtained from City Hall pursuant to applicable municipal law. 12.Animals:No animals except seeing-eye dogs shall be allowed in the Pavilion. 13.Smoke Free Environment:No smoking shall be permitted in the Pavilion. 14.Termination:The City reserves the right to terminate this contract at any time without notice. I,the undersigned,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 use and occupancy of the Pavilion and the use and occupancy of the Pavilion by my guests will comply with all of the terms of this contract. Dated (today's)_Date Rented Signed ~ Name (please print)_IAddress_ Phone 02/0512008