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(a) If the West Side Market is leased or managed by a third-party operator, then that operator shall assess and collect rent for the use of space at the West Side Market at the operator’s discretion. If the West Side Market is operated exclusively by the City, then the Director of Parks and Recreation (the “Director”) shall assess and collect rent for the use of space at the West Side Market as provided herein. The rent for leases renewed in the year 2022 shall remain the same as the rent charged in 2020, and the rent for a new tenant lease shall be calculated by inserting the new tenant into the formula set forth below (“Fee Formula”) that was calculated for 2022. Except as otherwise provided and beginning in 2023, the Director shall assess and collect rent on the lesser of a three percent (3%) increase from the rent assessed the previous year or the rent calculated by using the then current Fee Formula. New tenants’ rent for the first year of their leases shall be calculated solely on the Fee Formula. The Director shall use the following Fee Formula for rent assessment and collection:
(1) By November 1st of each year, the Director shall prepare and submit for review to the Budget Committee of the Tenant’s Association, a schedule of expenses for the ensuing year (the “Director’s Schedule”). The Director shall have the discretion to increase the total amount of expenses in the Director’s Schedule (the “Schedule Amount”) so that the Schedule Amount is not greater than the previous year’s Schedule Amount plus ten percent (10%) plus a percentage equal to the percentage increase in wages negotiated by the City with its union employees.
In the event that the Schedule Amount exceeds the amount referred to in the preceding sentence, the excess amount may serve as the basis for the calculations set forth herein only with the prior approval of the Budget Committee, which approval shall not be unreasonably withheld. The decision of the Budget Committee as to any such excess amount shall be made within twenty-five (25) days after submittal of the Director’s Schedule to the Budget Committee. If the Budget Committee has failed to act at the expiration of this twenty-five (25) day period, the Schedule Amount shall be deemed approved as submitted.
In the event that the Schedule Amount for the ensuing year is less than the previous year’s Schedule Amount, the Schedule Amount which shall serve as the basis for calculation of Rent for the ensuing year shall be the Schedule Amount as submitted for review to the Budget Committee plus thirty percent (30%) of the difference between the previous year’s Schedule Amount and the Schedule Amount submitted for review to the Budget Committee for the ensuing year.
(2) By December 1st of each year, the Director shall make available to Tenant the calculation of Rent for the ensuing year, based on the formula set forth herein.
(3) Tenant shall be assigned an occupancy factor which shall be determined by multiplying the total amount of occupied square footage, as evidenced the market Plan, times a location factor times a use factor.
A. The location factor shall be:
1. One and eight-tenths (1.8) for stands located in the Market House; or
2. One and two-tenths (1.2) for stands located outside the Market House.
B. The use factor associated with the designated Use Category as defined in the Market Rates shall be:
1. Two (2.0) for any stand selling any amount of spirituous liquor, beer, wine, mixed beverages or other intoxicating beverages;
2. One (1.0) for “fast food”, “specialty” and “traditional” stand;
3. Five-tenths (0.5) for “grocery” stands; or
4. Three-tenths (0.3) for “restaurant” stands.
(4) The occupancy factors for all stands upon the Market Grounds shall be added together. The result of that addition shall be “Total Occupancy Factor”. The Total Occupancy Factor shall be multiplied by five percent (5%) to reflect average vacancy rates from year to year. This calculation shall result in the “Vacancy Factor”.
(5) The aggregate of all revenue reasonably anticipated in the upcoming year from event rental, leases with terms for less than a year, and Storage Lockers shall be deducted from the Schedule Amount. The result of this calculation shall be the “Adjusted Schedule Amount”.
(6) The Adjusted Schedule Amount shall be multiplied by a fraction, the numerator of which is Tenant’s occupancy factor and the denominator of which is the Total Occupancy factor minus the Vacancy Factor. This calculation shall result in the “Annual Rent”, which shall then be divided by twelve (12) to determine the Rent due on the first day of each month.
(7) A fee for energy consumption for the outdoor heating system will be assessed to each Tenant of the Arcade. A fee for maintenance and repair services for the refrigerated display cases will be assessed to each Tenant of the Market House. Such payments are deemed part of the rental obligation.
(b) The Director may rent such spaces or parts or grant the right to use the same for a period not to exceed three (3) years. Rent for a lease term of more than one (1) year shall be recalculated in accordance with division (a) of Section 131.21 each year regardless of the lease term. He or she may make such provision for renewal or extension of the rental right or grant as he or she may deem advisable from time to time for additional periods not exceeding three (3) years each, providing that the option or right of renewal shall be exercisable only by the Director and not by the grantee.
(c) The Director may rent such spaces for terms less than one (1) year for the amounts established from time to time by the Board of Control.
(d) The Director is authorized to provide in the renting or granting of rights to the use of such part or space that the rental right or grant shall not be transferred or assigned by the grantee thereof to any other person without the consent, in writing, of the Director. Such right or grant may be revoked by the Director upon conviction of the grantee of violation of law or ordinances relating to weights and measures. Provisions shall be made by the Director for the payment of such rental at such regular times and at such place as may be by him or her deemed most advisable.
(Ord. No. 521-2024. Passed 7-10-24, eff. 7-16-24) (BOC Res. No. 377-24. Adopted 8-7-24)
The Director of Parks and Recreation may appoint a Manager of the West Side Market, subject to the provisions of the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, and to the supervision of the Director of Parks and Recreation, who shall be responsible for the management and administration of the City’s West Side Market.
(Ord. No. 521-2024. Passed 7-10-24, eff. 7-16-24) (BOC Res. No. 377-24. Adopted 8-7-24)
The Director may agree to allow, with the approval of the Board of Control, any business or other entity to maintain, improve, and adopt real estate belonging to the City and not in charge of another department; provided, however, that such real estate is no greater in area than two hundred (200) square feet and that the improvements are for solely for beautification of the real estate. Any business or entity adopting property shall be entitled to have such property designated in its name and the Director is authorized to evaluate and present awards to the best maintained property. The Director shall establish rules and regulations for property adoption. A copy of each proposed Property Adoption Agreement is to be provided to the Clerk of Council at least fourteen (14) days prior to approval by the Board of Control. Any such adoption shall not be construed as the conveyance of any right, title or interest in public property but merely as the grant of a privilege, revocable at will.
(Ord. No. 521-2024. Passed 7-10-24, eff. 7-16-24) (BOC Res. No. 377-24. Adopted 8-7-24)
The issuance of a permit for the use of Municipal property under the supervision and control of the Department of Parks and Recreation or the use of such equipment or property, both real and personal, shall be secured by a deposit, in an amount equal to at least ten percent (10%) of the value of the equipment used and sufficient to guarantee performance or reimbursement for estimated costs of repair, replacement or return of secured property to its condition prior to use by the permittee, except where by reason of the nature of the project to be undertaken, the respective commissioner or manager of the division affected, with the approval of the Director of Parks and Recreation has determined that it is impractical or unnecessary to require a deposit.
(Ord. No. 521-2024. Passed 7-10-24, eff. 7-16-24) (BOC Res. No. 377-24. Adopted 8-7-24)
There is established a Division of Recreation in the Department of Parks and Recreation, to be administered and controlled by a Commissioner of Recreation, subject to the Charter and ordinances of the City, and to the direction of the Director of Parks and Recreation.
(Ord. No. 521-2024. Passed 7-10-24, eff. 7-16-24) (BOC Res. No. 377-24. Adopted 8-7-24)
The Commissioner of Recreation shall have charge and management of all recreational property and activities of the City, including without limitation, yoga, gaming tournaments, tennis, pickleball, volleyball, or any other sports played at City recreation centers or Cleveland Public Auditorium and playgrounds, ballfields, tennis courts, skating rinks, Camp George L. Forbes and the operation and maintenance of all City golf courses. The Commissioner shall administer permits under the same terms and conditions as those set forth in Section 133.07 for the use of any property under his or her charge and management which is not subject to the authority of the Manager of Special Events under Sections 133.07 and 133.08. The Commissioner may enter into agreements with the owners of premises in the vicinity of City playgrounds for the storage of playground equipment on such terms and conditions as may be approved by the Board of Control.
(Ord. No. 521-2024. Passed 7-10-24, eff. 7-16-24) (BOC Res. No. 377-24. Adopted 8-7-24)
The Director of Parks and Recreation is authorized to collect, or cause to be collected, the following rates at Highland Park Golf Course, provided, however, that the fees regarding banquet room rental at Highland Park Golf Course may be amended from time to time by the Board of Control:
(a) In-Season Rates (May 1 through October 15 of each year):
(1) Weekdays.
Rate | |
18 holes riding* | up to $36 |
18 holes walking | up to $23 |
9 holes riding | up to $24 |
9 holes walking | up to $17 |
* As used in this ordinance, riding shall mean the player will use a power cart.
(2) Weekends - Holidays.
Rate | |
18 holes riding | up to $45 |
18 holes walking | up to $32 |
9 holes riding | up to $26 |
9 holes walking | up to $19 |
(3) Senior - Junior* (only available on weekdays before 3:00 p.m. and weekends after 2:00 p.m.)
Rate | |
18 holes riding | up to $33 |
18 holes walking | up to $20 |
9 holes riding | up to $19 |
9 holes walking | up to $12 |
* Senior players must be at least sixty (60) years old and Junior players must be under the age of eighteen (18).
(b) Off-Season Rates (October 16 through April 30 of each year):
Weekdays Rate | Weekends - Holidays Rate | |
18 holes riding | up to $29 | up to $32 |
18 holes walking | up to $20 | up to $23 |
9 holes riding | up to $16 | up to $18 |
9 holes walking | up to $11 | up to $13 |
(c) Residential Discounts and Discount Card. A residential discount on rates is available to all Cleveland residents with non-expired photo identification demonstrating current Cleveland proof of residency. Cleveland residents qualify for and may obtain an annual discount card at no cost. Non-residents can obtain this annual discount card for a $20.00 fee. The card provides a discount of up to $2.00 off of 9 holes and up to $6.00 off of 18 holes.
(d) Additional Rates/Charges:
Rate | |
League rate 9 holes walking/ riding (a.m. hours) | up to $10 / $16 |
League rate 9 holes walking/ riding (p.m. hours) | up to $14 / $20 |
In-Season Power Cart Fee (9 holes/18 holes) | up to $7 / $13 |
Pull Cart | $5 |
Replay [after already playing 18 holes] (9 holes/18 holes) | up to $9 / $18 |
High School/College students (9 holes/18 holes) | up to $9 / $15 |
(e) Banquet Room Rental at Highland Park Golf Course.
(1) All rental rates for the banquet room shall be set by the Board of Control, which shall include rental schedules for City residents and non-City residents.
(2) Rental rates shall be based on a four (4) hour period, which will include at no charge up to one (1) hour before the event for set-up and up to one (1) hour after the event for clean- up. Any events, not including the above-referenced set-up and clean-up times, exceeding the four (4) hour period, shall be charged for each additional hour, or portion of an hour, used. Rental rates for the room, including additional charges for exceeding the four (4) hour period, shall be set by the Board of Control. The banquet room closes at 12:00 a.m. on Friday through Sunday and Holidays and at times determined by the Commissioner of Recreation on Monday through Thursday. All events shall end one-half hour before the facility closes. The City’s Concessionaire shall be used exclusively to provide food and beverages for all catered events, unless the Director approves the use of an independent caterer. All beverages, including alcoholic beverages, shall be purchased from the City or the City’s Concessionaire. Security is to be provided through the Village of Highland Hills Police Department and it is the responsibility of the group renting the banquet room to arrange and pay for such security, as billed by the Village of Highland Hills Police Department.
(3) Rental of the banquet room for golf outings. The golf outing must conclude one-half hour before the golf course closing time. Events exceeding the four (4) hour rental period described above, are subject to additional charges. If the event is to be catered by the City’s Concessionaire, the rental fee for the room for a maximum period of four (4) hours, shall be included in the caterer’s per-person meal cost.
(4) Golf leagues established for the season at Highland Park Golf Course may use the banquet room at no charge once per golf season. Events shall be held Monday through Friday and shall conclude by 5:00 p.m.
(f) Net proceeds from fees collected at the Highland Park Golf Course shall be expended for facility improvements therein.
(Ord. No. 521-2024. Passed 7-10-24, eff. 7-16-24) (BOC Res. No. 377-24. Adopted 8-7-24)
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