Annapolis Council, SICBA sign lease

A  disagreement between the Annapolis city government and the South Iron Community Betterment Association over the use of the city’s Community Center building has apparently been patched up.

Complaints to the city concerning a carnival that set up in October and left before it opened led city officials to send a letter to SICBA President Norma Owens  instructing the organization that it was being evicted from the building as of Feb. 1.

That in turn led to a public meeting on the matter on Monday, January 21, hosted by the SICBA.

The SICBA had use of the Center through a 5-year contract with the city that expired on Jan. 13, 2008.  However, the agreement has continued informally since then.

On Thursday, January 24, city officials and SICBA board members met in a closed session to hash out a new lease agreement.  The board also rescinded the vacate notice.

“I’m very happy the issue has been resolved and that everybody can move forward,” said Annapolis Mayor Scott Oatman on Monday.

“I’m happy with the way it turned out,” said SICBA President Norma Owens.

The text of the new lease agreement is as follows:

 

The City of Annapolis owner of the Annapolis Community Building hereby enter into a lease agreement with the South Iron Community Betterment Association (SICBA) for the operation of the Annapolis Community Center.

The City of Annapolis agrees to provide the following:

1. Major upkeep of the exterior of the building (excluding, storage building, Gazebo and Pavilion). The City will cover the furnace, air conditioner, water heater, sink, plumbing, toilets and 

water and sewer bill (excluding routine maintenance). Maintenance on all water and sewer lines on the property.

2. Pay the full amount of the property and liability insurance for the building and grounds. Any damage and or destruction is done to the Annapolis Community Building all insurance proceeds paid to City of Annapolis will go toward refurbishing or rebuilding the Annapolis Community Building under supervision of South Iron Community Betterment Association with the City of Annapolis.

South Iron Community Betterment Association will be responsible for the following:

1. Management of the building. Example: Scheduling use of the building and collecting rental fees.

2. Make payment of all utilities (electric, gas and trash service) and insurance coverage on the contents. South Iron Community Betterment Association has ownership of the contents at the Community Building and Pavilion.

3. Routine maintenance and cleaning of the building. The building shall be kept clean at all times. Community Betterment Association is responsible for mowing grass and trash removal.

4. Any maintenance, updates and or improvements must be mutually agreed on by the City Council before the project work starts. Any maintenance that is needed notify City Hall immediately. The City Hall must be provided with keys to the front door of the Annapolis Community Building as well as Iron County Emergency Management Southern Coordinator and designated personnel.

5. Any events at the Annapolis Community Building are confined to the building and the immediate grounds. Any other events that would be expanded beyond the grounds must have prior approval from the City Council.

6. No businesses will be operated on the premises. No storing or manufacturing or selling of any explosives, flammables or other dangerous substances. There will be no alcohol or firearms permitted on the grounds or in the Annapolis Community Building. No smoking in the Annapolis Community Building.

7. South Iron Community Betterment agrees not to pursue $30,792.14 that they feel is owed by the city for as long this agreement is in effect. The City of Annapolis disputes owing the amount of $30,792.14.

8. Both parties agree that no legal action shall be taken against either parties or its members once the agreement is in effect. Federal lawsuits against City of Annapolis excluded.

9. The City of Annapolis and the South Iron Community Betterment Association agrees together that no out of town vendors, rides, games, etc. (nothing to compete with Freedom Fest) will be allowed within the city limits of Annapolis during Freedom Fest weekend (always Columbus Day Weekend). Local businesses are encouraged to participate in Freedom Fest with their own sales on their own premises if they wish. Freedom Fest is organized by the South Iron Community Betterment Association and has the final say over vendors (food, games, rides, merchandise, etc.) as to what will be allowed.

This agreement shall be in full force and effective from and after its passage and

Approval.

If either party should fail to follow the conditions set forth in this agreement, written notice shall be sent to the party not following the agreement to allow communication between parties to resolve the issue. If not resolved within 30 days we will go to a mutually agreed upon mediator. Mediation to last up to 90 days. Its up to the mediators discretion. If no agreement can be made both parties must sign to change or terminate the agreement on advice of respective councils.

Witness thereof, we have read and agreed on the above statements this 24th day of January, 2019.

This lease agreement will cover a 5 year period beginning February 1, 2019 and expire

January 31, 2024 at midnight. The cost of lease for the City of Annapolis Community Building leased to the South Iron Community Betterment is one (1) dollar, per year payable to the Annapolis City Collector. The amount must be paid before February 1st of each year. If new agreement is not negotiated, this agreement will rollover on February 1, 2024 for another 5 year period. The City of Annapolis Mayor and Aldermen must meet with South Iron Community Betterment every year in January to discuss issues that may arise.

 

(Signed)

Mayor Scott Oatman

City Council members: Linda Schockley-Watson, Pam Hanner, Jennifer McFadden

SICBA members: Norma Owens, Geri Mills, Linda D. Kemp, Tom Seematter, Michael Alcorn.