HomeMy WebLinkAbout01-21-2015 Regular MeetingMinutes of the Fairhope Recreation Board
January 21, 201S
The Fairhope Recreation Board met Wednesday, January 21, 2015 at 5:15 p.m. in the Rec Center at 803
North Greeno Road.
Present were Tom Kuhl, Charlie Langham, Vann Saltz, Bob Keyser, Michelle Smith, Derek Thomas, Cathy
Hudson, Sherry Sullivan and Jenny Douglass. Diana Brewer and Mike Ford were absent. Gayle Fogarty
took the minutes. Guests: Andy Bobe and John Avent of Preble-Rish.
The meeting was called to order by Vann Saltz. The minutes of the December meeting were considered
with the correction of a couple of typos, and then approved on a motion by Bob Keyser, seconded by
Charlie Langham, none opposed.
Discussion of New Tennis Courts - Sherry Sullivan updated the group on the tennis court project. She
stated that the City is also looking into the cost of Hydro Courts -which have underground water systems.
Sherry mentioned that according to USiA, courts should be built in banks of 6 and 12 like surfaces are
required to host league play. There was great deal of discussion on the amount of courts, types of
courts, the possibility of a maintenance position and a tennis pro being hired in the next budget year.
Also, discussion of league and tournament play requirements and requirements of ALHAS.
Manley Road Soccer Complex — Vann Saltz informed the group that Preble-Rish representatives —Andy
Bobe and John Avant- attended the meeting to share the new plans of the Manley Soccer Complex.
There will be 9 fields instead of 10; Bob Keyser stated he is working with the soccer community on the
possibility of getting some outside funding for the restrooms and concession stand. The 2"d floor of the
building is available for future growth. There was general discussion among the board members on the
plans. A motion was made to recommend this set of plans to the Fairhope City Council, on a motion by
Charlie Langham, seconded by Derek Thomas, none opposed.
Updates — Tom Kuhl informed the group that softball and soccer tournaments are already lined up,
Senior Howl practice was a great success. Sherry added that the team summit is coming up in February
of 2015.
Tennis Rules : Vann Saltz asked the group to look over the tennis rules. Bob Keyser requested making
two additions -1. No pets on playing surface 2. No unattended minors in Tennis Center. Sherry provided
an update stating that the City Attorney suggested having a policy in place, not an ordinance. Sherry
added that the City Attorney and City Council need discuss this further. Michelle suggested limiting time,
the group decided on changing the rules to read- "Please limit your playing time to one hour, when
others are waiting." Tom Kuhl suggested moving the park rules sign closer to the tennis courts and
removing rules-4,5,6,8 & 11 from the tennis court rules — to reduce the number of signs being in the
park. There was also general discussion of the lights at the tennis courts.
A motion was made to recommend the tennis court rules to the Fairhope City Council, on a motion by
Michelle Smith, seconded by Bob Keyser, none opposed.
Swim Update - Cathy Hudson shared that she and & Helen Legg attended the January 12, 2015 Fairhope
City Council meeting and Helen was recognized for her AHSAA State Diving Champion title. Cathy also
informed the group that at the State High School meeting -she can now charge for those that attending
high school swim meets. Also, added that FAST has not started yet. Sherry Sullivan informed that group
that Cathy Hudson has been named the Volunteer of Year for the City of Fairhope. She will receive the
award at the State of the City Address on February 22, 2015.
Soccer Update- Bob Keyser stated that the pancake breakfast will be January 23 at FMS. Tickets are $5
and available at the door. Drawdown will be on February 28 at the Fairhope Civic Center. Southern
Shootout is Feb.13 & 14 and the Buccaneer Bash Tournament is Feb. 27 & 28. Bob added that he has
the plans for the Robertsdale Concession stand -which will be used as a guide.
Franchise Agreement - Michelle Smith Is working on a franchise agreement for Adult Tri-Training with
the City of Fairhope. Michelle explained her intentions with the group and left the room around 6:30
p.m., so the group could discuss the agreement. The group had several additional questions that needed
to be addressed before they approved the agreement. Sherry Sullivan asked that everyone send
questions to Gayle Fogarty, she would compile a list and send to Michelle for clarification. After a great
deal of discussion, a motion was made to table the discussion until the next meeting set for February 18,
2015 on a motion by Derek Thomas, seconded by Jenny Douglass, none opposed. Vann Saltz added that
he would inform Michelle the action that was taken by the group.
Being no further business, the meeting was adjourned.
FRANCHISE AGREEMENT
This Agreement is made and entered into by and between the City of Fairhope,
Alabama {City") a municipal corporation and Twnwofb COWMxft, LL.0 (ft T*SmWotts 6 o:iT4h1np) ,
(`Grahtee�.
RECITALS
Grantee is a sole proprietor with a principal place of business at
123i4!klvr n - _ - Fakhope- AL 36532. Grantee is engaged iri the
busiriisof ► T�si .. - :_ to the public. Grantee'
proposes to install, and operate . T, am W6ft e1i�TMhkj- . • at. the
Fakhopegwe;h0 c6nwiuwPoa _ Grantee requests that the. City grant to: Grahtee,'a
franchise; to 'instatl,, maid tain -and. operate, this business on public propertyr at the
FaAliops Ri="(n Gei�enr;and Pool' -
conslddrragon of the` `mutual covenants, promises and conditions set forth
herein thetheF paitii&-age as"follows: -
SECTION 1 -
Section 1A DEFINITIONS'
Unless ottiermise specially provided, or tinless'clearly required by. fhe confezi,
the w„rds; aad` phi�teiV& h d i6 Chid septi'on shall ha �ie the following meanings when
used rh is Ordinance and FranchiseAg>`eenier&- _
{�) MAYORShall mean ttie, Mayor of the City of Fairhope
�. COUNCIL:: Shall mean the City Council of Fa(rhope, the govemin' 'g body
of Grtjii of"Fairhope, Al�tsma: `.. � �� j �; .
CITY: StiaN rread Cityhaf FairfioiejA`la5ama;'rivliich" is go. en b� tie
Fai ope ity �. : - _
tfi � Council_ `
4 jARAIGHISE'hall ineaiiy#he fr�nrti�se grarttpd• elude#he provisions of
the AJe Cod6; §l(�=9;� et: seq, wt�ichrauth►rizes't�nunic�pal'is:,to contras' e�{ob
cogtracied with =+. A ' r'anctilse t Si*'. used, In thasyW "Fn'6nt is. a- special pnvdege, not "
b�ori�rriD j 4the�, tize(Itsk by,�oriimdn��ight �irt•:canfemed bjr„Ya_"mtmicapality upon an":
inrndiial: ofrfioratbn.
41.
(5) � GRbNTEE SIhaT mean- r�_hg a[:
.
TeanircWa*hm tiedbfiabiy
'tar r-�y xr ,t
ighoe,fiWL*' ailyosnb 'whot %� "suycce. rss,
tans iise:
.. .-.
GRC�35 REYE'NUES�; 5h�a11' mean: ailtev_'enues teceived�by the Gi ntee
from, or, in t nnecbonwith Ede operation fl the franchise to provide seivices in the City -of..
Fa'ifio 'pur'suant % this fran chase aIreetngnt f
City ofFaaope -Franchise Agreement -
Page 1 of 9
(7) PERSON: Shall mean an individual, partnership, association, joint stock
company, trust, corporation, or governmental entity.
(8) SERVICE AREA: Shall mean the geographical area within City of
Fairhope and specifically defined as follows: Fa¢hope Re-2- ce°ter and Pool
Section 1.2 REQUIREMENTS FOR FRANCHISE
(a) No person shall engage in the construction, operation, or maintenance of
a private business on public property in the City unless such person or the person for
whom such action is being taken shall hold a valid franchise granted by the City.
(b) Any franchise granted by the City pursuant to these rules and regulations
shall not be deemed to be an exclusive right of permission. The City expressly reserves
the right to grant similar nonexclusive franchises to other persons.
(c) In the event the. City enters into a franchise, permit, license, authorization,
or other agreement of any kind with any other person or entity other than the Grantee to
enter into the Crty's Public Rights -of -way or public property for the purpose of operating
a private business on public property in. any part of the City, the material provisions
thereof shall be reasonably comparable to those contained herein, in order that one
operator not be g "ranted an unfair competitive advantage over another, and to provide all
parties equal protection under the law.,
+ (d) No franchise shall` be granted by the City in the Central' Business District
located in downtown Fairhope.
Section 1.3 TERM OF FRANCHISE, RENEWAL
(a) The duration of this franchise agreement granted pursuant to this
Ordinance shall .be for one year and shall be renewed automatically each year for three
years unless notice of -termination is given in writing to the other party at least 60 days
prior to the expiration of the then current term.This Agreement shall commence 10 days
after approved by the City Council.
Section 1.4 ENFORCEMENT OF FRANCHISE
(a). A Grantee shall not be excused from complying with any of"the terms or
conditions of the franchise by any failure. of the City upon any one or more occasions to
insist upon or to seek compliance with any such terms or conditions.
(b) WheneVer the City* shall set;forth any time for any action to be performed
by or bn behalf of Grantee, said time shall be deemed of the essence and any failure of
Grantee to perform, with in the time allotted shall be sufficient grounds for the City to
revoke the franchise.,
(c) A Grantee agrees by filing an application.for a franchise that they will not
assert, at any time, in any claim or proceeding that any condition or term of the franchise
City of Fairhope —Franchise Agreement
Page 2 of 8
is unreasonable, arbitrary or void or that the City had no power or authority to make such
term or conditions, but shall be required to accept the validity of the terms and conditions
of the franchise in their entirety.
Section 1.5 CONFLICT WITH LAWS
(a) Whenever any law of the State of Alabama or of the United States, or of
any agency of either, shall be in direct conflict with and supersede any provision of these
rules and regulations, then for so long as such state or federal law or regulation shall be
in force and effect, any affected provisions of this franchise granted hereunder shall be
suspended and be of no force and effect and the Grantee shall. not be required to
comply with such provision; however, the validity of the remaining portions or provisions
shall not be affected thereby. In the event this franchise imposes burdens different than
those imposed by any other law, but within the power of the City to impose said burdens,
the more restrictive provision shall apply..
(b) if any section, sentence, clause or phrase of these rules and regulations
or of any franchise granted hereunder is held unconstitutional or otherwise invalid, such
infirmity shall not affect the validity of the remaining portion of these rules and .
regulations or a of any franchise granted hereunder.
SECTION 2.
Section 2.1 PROCEDURE FOR GRANTING .FRANCHISE
(a) Any person desiring a franchise shall apply to the City for such a grant:
The. application for a franchise shall be in writing, in the form approved by and containing
such information ,as.required by the City and must be accompanied by a nonrefundable
application fee of $150.00 by cashier's check, certified check or money order payable to
City of Fairhope. This is a separate fee from the Franchise fee.
(b) Upon receipt of said franchise application, the City shall provide notice of
said application and conduct a public hearing to determine if the grant of the franchise
would be in the best interest of the citizens of City of Fairhope.
(cj The application shall contain a statement under oath that the applicant
will comply with all legal, financial and technical provisions of these rides and
regulations and any other municipal, state or federal regulatory agencies.
(d) The application shall define the proposed service area of the applicant
with specific time standards for the establishment of service to suit the service area.
SECTION 3
Section 3.1 CONSTRUCTION AND INSTALLATION
(a) After receipt of an initial franchise, a Grantee shall. proceed with due
diligence to install and begin operation of the. franchise.
a
City of Fairhope — Franchise Agreement
Page 3 of 8
(b) Failure on the part of the Grantee to commence and diligently pursue
Muifisporttraintng and coaching or failure to commence operation after 90 days
from the commencement of this agreement shall be grounds for termination of the
franchise. The City may extend the time for the commencement and completion of
TeamWorksMutiisportTraining for additional periods in the event the Grantee, acting in
good faith, experiences delays by reasons of circumstances beyond her control;
(d) The j!!2 9ki4W 6yV-5 shall be d-operated in
accordance with all adopted City, state and national construction and electrical codes.
Section 3.2 CONDITIONS FOR USE OF PUBLIC PROPERTY .
(a) Grantee shall not install or begin operation of the franchise business until
the installation has been approved by the Mayor or his designee.
Section 3.3 OPERATION AND MAINTENANCE
(a) The Grantee shall install and maintain TeamWoftMuttisportTraining
in a prudent and reasonable manner.
(b) Failures or malfunctions of the business shall be
corrected by the Grantee promptly after notice of such failure or malfunction except or
unless such failure or malfunction shall have been caused by storm, fire, -lightening,
explosion, civil unrest or other similar catastrophe.
(c) The City shall, if it deems it necessary; have the right and privilege to
inspect the installation, operation and maintenance of the business
by the Grantee in order to satisfy itself as to the proper performance of the terms of this
franchise agreement.
SECTION 4
Section 4.1 FRANCHISE FEE
(aj` There shall be a franchise fee of twenty (20) percent of Gross Revenues;
and the fee for, the business license which is an annual license issued by the
inunidpality.for the privilege: of doing any find -of business, trade; profession or other
activity in the municipality, by whatever name called..,
(b) Grantee shall pay quarterly to the City during' the, life of the franchise a
sum equal to twenty (20) percentof its gross revenues: Grantee shall file with the City, on
such form as prescribed by the City within sixty (60) days after the end of each quarterly
a report, under oath at- the: risk. of perjury, of the, gross revenues for the preceding
quarterly period, and. shall;, at the same time, pay. to the City a sum equal to twenty (20)
percent of the gross revenues for. the said quarterly period.
Section 4.2 INDEMNIFICATIONS
(a) Grantee shall at hislher sole cost and_ expense fully indemnify, defend
and save harmless the City, its officers; boards; and employees against any and all
City of Fakbope — Franchise Agreement
Page 4 of 8
claims, demands, suits, actions, liability and judgments for damage arising out of the
construction, operation and maintenance of the bus
franchise, and against all liabilities for damages by reason of,, or arising out of, any
failure by Grantee to safely operate and maintain the
business including reasonable, attorney's
fees, arising out of the exercise or enjoyment of this franchise, irrespective of the amount
of comprehensive liability policy required hereunder. This indemnity shall not apply to
damages occasioned solely and exclusively by acts of the City, its agents or employees.
(b) Within thirty (30) days after the granting of the franchise and at all times
during the term of the franchise, Grantee shall obtain, pay all premiums for, and file with
the City executed duplicate copies and receipts evidencing the payment of premiums for
the following:
A general comprehensive public liability insurance policy indemnifying,
defending and saving harmless the City, its officers, boards, agents or
employees from any and all claims by any person whatsoever on account
of injury to or death. of a person or persons occasioned by the operations
of the Grantee under franchise herein granted or alleged to have been so
caused with a minimLim of liability of for personal
injury or death of any two or more persons in any one occurrence.
Renewal certificates of such insurance shall be promptly forwarded to the
City, as such renewals are made, and such insurance shall be kept in
force and effect during the term of this grant or franchise. The Grantee
and/or the insurance company shall file with. the City a written notice of
any material alteration or cancellation of any insurance coverage at least
thirty (30) days prior to: the effective date of such alteration or
cancellation. Property damage insurance 'indemnifying, defending, and
saving Harmless the City,. its officers, boards, agents,, and employees
from. and against all claims by. any person whatsoever for property -
damage occasioned by the operation of a Grantee under franchise
granted by City 'caused with a minimum liability of
for property, damage to two or more persons in
any one occurrence: Said policies of insurance shall name the City as an
additional insured.
(c)- ` : Ail of the foregoing insurance certificates shall be in form satisfactory to
the City and shall be issued and maintained by companies authorized to do business in
the State of Alabama and acceptable to the City'and they shall require thirty (30) days -
written notice of any cancellation 'or reduction in coverage to both .the City and Grantee
herein, and a copy of said certificates shall be filed with the City.
Section 4.3 BOOKS/RECORDS OF GRANTEE
(a) • All books and records of a Grantee concerning its opdrations within the
City necossary for the enforcement of the provisions of this �frtihchise, shall be made
available for inspection and audit upon demand by ,the City within thirty (30) days after
any request for such inspection or audit has been made.
City of Fairhope — Franchise Agreement
Page 5of8
Section 4.4 GRANTEE ACKNOWLEDGEMENT
(a) Grantee is an independent contractor.
relationship is created by this Franchise Agreement.
SECTION 5
Section 6.1 SALE OR LEASE OF FRANCHISE
No agency or employment
(a) No transfer or control of the TeamWorks Multisport. ;
whether by force or voluntary sale, lease, assignment, foreclosure, attachment, merger,
or any other form of disposition, shall occur or be considered valid without first giving
prior notice and receiving the approval of the City. The notice shall include full
identifying particulars of the proposed transaction. For the purpose of detennining
whether it shall consent to such change, transfer, or acquisition of control, the City may
inquire into the qualification of the prospective controlling party and the Grantee shall
assist the City in any such inquiry. The City shall have one 60 days from the date the
notice is received by the City within which to approve or disapprove, by resolution, the
proposed transfer of control. The City will not unreasonably withhold its approval.
(b) Approval of such transfer shall be expressly conditioned upon full
compliance with the material terms of the franchise agreement and this Ordinance. The
transferee shall the
in writing to comply with all provisions of this Ordinance and the
franchise agreement.
Section 5.2 REVOCATON OF FRANCHISE
(4). Subject to the provisions of this section; the City reserves the right. to
revoke, at any time, any franchise granted hereunder and rescind all rights and
privileges associated therewith in the event that:
(a) Grantee has not substantially complied with a material provision of
this Ordinance, the franchise agreement, or of any supplemental written. agreement
entered into by an between the City and the Grantee; or,
(b) Grantee_ has made a matedaf false statement in the application for
the franchise; knowing it to be false, or Grantee commits a fraud in its conduct or
relations under:the franchise with the City; or
(c) Grantee becomes insolvent, enters into receivership or liquidation,
files for bankruptcy or assignment for benefits .of creditors, or is unable to pay its debts
as they mature, unless the Grantee is in due process of contesting such. debts; or
(d). Grantee ,fails to substantially comply with a material, provision of
any federal or. state statue, or of any material rules or regulations that - govern
telecommunications, or
City of Fairhope — Franchise Agreement.
Page 6 of 8
(e) Grantee exhibits a pattern of failing to comply with service
standards as adopted herein or in the franchise agreement; or
(f) Grantee fails to comply with any federal or state judgment
arising directly from the exercise of Grantee's rights under its franchise; or
(g) Grantee fails to provide or maintain in full force and effect the
bond and insurance policies required by this Ordinance and franchise agreement; or
(h) Grantee assigns, sells or transfers its title or interest in its
franchise without the consent of the City.
(2) In the event that the City shall make a preliminary decision to revoke a
franchise granted hereunder, it shall give the Grantee a minimum of thirty days written
notice of its intention to terminate and stipulate cause. A public hearing shall be
scheduled for the end of said 30 day period. If during said period, the cause shall be
cured to the satisfaction of the City, the City shall declare the notice to be null and void.
It the cause is not cured to the satisfaction of the City, before- a, franchise'" may be
terminated, the Grantee must be provided with an opportunity to be heard before the
City in a public hearing -in accordance with due process procedures: After the public
hearing, .if the City, by majority vote,. determines that the franchise should be terminated,
it shall issue a written decision containing its findings of fact and stating the specific
grounds for. termination. The decision to. terminate a franchise shall be subject to judicial
review as provided by law.:
(3) A Grantee shall not be declared in default or be subject to any sanction
under any provision of this Ordinance and franchise agreement in any case where the
City determines that the action justifying such sanction is without the Grantees.
knowledge or authorization or outside its control.
Section'S.3 . RIGHTS UPON REVOCATION OR NON -RENEWAL
In the event the City determines that a franchise should not be renewed. at its
expiration or that a franchise should be revoked for'cause as permitted hereunder, the
Grantee shall be allowed' three months. from the date of such determination, or such
longer,: period as the City-, may permit, to negotiate the sale of its
6Aftlm within the City to another provider at a price
acceptable to the Grantee, provided that, such sale shall be approved by the City
pursuant to Section 5 herein. In the event a sale to a provider acceptable to the City is
not then negotiatecf within' the time allowed, then an independent. expert shall be
appointed to determine the fair market value of the Grantee's
big The appointment of said .expert shall be by mutual
agreement between the City and the: Grantee;. provided, however, thatif the City and
the Grantee are unable to reach an agreement within 30 days of'the written decision of .
termination, then the matter .of appointing an expert shall' be submitted, within ten (10}
days immediately following expiration of the former 30 days, to the American Arbitration
Association [unless the City and the_ Grantee mutually agree upon. some other
arbitrator(s)], and the expert designated by the American Arbitration Association or such
other arbitrators shall be appointed. The cost of employing the arbitrator or arbitrators
City of Fairbope — Franchise Agreement
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and the cost of arbitration, if required, shall be bome equally by the Grantee and the
City. Upon determination of the fair market value of the Grantee's
business by the appointed independent expert, the
Grantee shall be required to sell its business to any entity which
offers said fair market value and which has obtained the approval of the City to purchase
said business
Section 5.4 REMOVAL AND ABANDONMENT OF PROPERTY
(a) If the use of any part of Grantee's training business is
discontinued for any reason for a continuous period of twelve (12) months, or if such
business does not comply with the requirements of these rules and
regulations, or if Grantee's franchise is terminated or revoked the City may in its
discretion require thatsaid business be sold to a franchise
designated by, the City at a purchase price equal to the busln—
fair market value as determined in subsection (b) hereof..
(b) Any dispute between the City and the Grantee over determination of the:
system's fair market value shall be determined in accordance with Section 5.3 above.
Section 5.5 MISCELLEOUS PROVISIONS
(a) This agreement constitutes the entire agreement of the parties and
supersedes any and all agreements, understandings, statements or representations
either oral or in writing.. This agreement can be amended only by a written -document — - —
signed by the parties.
(b) This agreement shall be enforced and interpreted pursuant to the laws of
the State'of Alabama.
IN WITNESS' WHEREOF, the Parties have hereunto set their respective
signatures and seals_ on the day of 20_
THE CITY OF FAIRHOPE, ALABAMA
By:
Timothy M. Kant, Mayor
Attest:
Lisa A Hanks; MMC
City Clerk.
i
By:
Michelle Smith, TeamWo Grantee
City of Fairhope —Franchise Agreement
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