FACILITY USE AGREEMENT

ABOUT ARTS WAREHOUSE

Our mission is to aid in creating a sustainable downtown by fostering a vibrant art community that encourages economic growth within the CRA districts and improves the quality of life for the City of Delray Beach. Arts Warehouse serves as an arts incubator, exhibition space, and rental facility that encourages professional development, creative innovation, and inspiration for artists and art enthusiasts alike.

FACILITY/BUILDING DETAILS

Arts Warehouse is owned and operated by the Delray Beach Community Redevelopment Agency (CRA). Arts Warehouse holds events that foster the mission of the Arts Warehouse.

In addition, the facility is available for rent for:

·       Private events

·       Performances

·       Weddings

·       Miscellaneous celebratory functions

·       Meetings, seminars, and other educational activities

Please note that Arts Warehouse is a limited public forum, and as such, the general public does not have full access to all rooms within the facility, only the common areas and gallery space.

The Arts Warehouse interior facilities include multi-purpose spaces, private offices, artist studios, open gallery areas, a warming kitchen, and restrooms. Limited parking is available. For parking information, please visit our website at https://artswarehouse.org/overview/.

 

RENTAL EQUIPMENT

Along with the rental of Arts Warehouse facilities, the following equipment is available for additional rental fees:

·       Banquet chairs

·       6 ft. standard banquet tables

·       8 ft. round banquet tables

·       Projector

·       Speaker with wireless microphone

 

FACILITY RENTAL HOURS

Facility Rentals will not begin before 7am or end passed 11pm on any given day Monday – Sunday. Rentable hours are between 7am – 11pm every day, with additional fees for weekends, after regular business hours, or holidays.

Arts Warehouse Regular Hours of Operation

Wednesday – Friday  10:00 am to 7:00 pm
Saturday    10:00 am to 5:00 pm

Viewing the Arts Warehouse facilities is by appointment only by calling 561-330-9614 or by emailing acostas@mydelraybeach.com. Arts Warehouse is closed on major holidays and is not available for rental without prior written approval of the Arts Warehouse.

FACILITY USAGE GUIDELINES

• Applicants must be 21 years of age.
• Applications are approved on a first-come, first-served basis; availability is always subject to CRA and Arts Warehouse events; priority is also given to events that promote the Arts Warehouse’s mission.
• All Rentals must be reserved at least 60 days prior to event date.
• Delray Beach Residents and Non-profit organizations are subject to a discounted "resident” fee so long as proper documentation is provided
• Proof of residency is required for all Delray Beach residents seeking to rent the Arts Warehouse facilities at the discounted “resident” rate. Proof of residency is defined as a valid state issued ID, a driver’s license, or a passport
• Non-profit/tax exempt organizations must submit not-for-profit status via a valid tax exemption certificate. [A non-profit organization is defined as a qualified 501(c)(3) corporation]
• Non-Delray Beach residents and for-profit businesses must rent the Arts Warehouse at the non-residential/for-profit rental rates; non-resident rental inquiries are subject to availability after CRA, Arts Warehouse and resident/not-for-profit inquiries are considered.
• Applications are to be completed online. If a hardcopy application is preferred, please contact Arts Warehouse Staff at 561-330-9614.
• A meeting to discuss rental details and logistics may be required prior to approval.
• Rental inquiries sent via email or stated over the phone will not be considered without the official rental application submitted
• All activities associated with the event, including decorating, set-up, breakdown, serving, food preparation, clean-up, are the sole responsibility of the applicant.

 

SCHEDULING, FEES, & PAYMENT

Rental of the Arts Warehouse facilities and equipment is subject to fees for the facility, equipment, onsite staff services, and security. The fee schedule is approved by resolution of the CRA from time to time and is available at the Arts Warehouse.

 

AFTER BUSINESS HOURS/ HOLIDAY STAFFING FEE

An Arts Warehouse employee is required to be onsite during your event. As such, Applicants are required to pay an additional fee of twenty-five dollars ($25) per staff member for every hour outside of business hours that a staff member is present. Events that are scheduled on holidays require an additional fee of seventy-five dollars ($75) per hour. Under the sole and absolute discretion of the Arts Warehouse Manager, Arts Warehouse reserves the right to deny any event that is to be scheduled on a major holiday or any day per availability of staff or any other reason. This fee does not grant the applicant the services of said Arts Warehouse employees. Arts Warehouse staff will be required to monitor the event, and as such cannot be utilized for any other services i.e. front desk reception, disposal of trash.

 

CANCELLATIONS, REFUNDS, & RESCHEDULING

• All Rentals must be reserved at least 60 days prior to event date. Under special circumstance as approved by Arts Warehouse staff, if an event is scheduled less than sixty (60) days prior to the event date, a non-refundable full payment of all rental fees including the security deposit are due upon receipt of invoice.
• For all rentals scheduled at least sixty (60) days ahead of event date, the applicant will receive a refund of any rental fees and the security deposit in full if renter chooses to cancel pursuant to the terms and conditions of this document.
• If a cancellation is made by the renter more than thirty (30) days but less than fifty-nine (59) days prior to the event, the applicant will receive a fifty percent (50%) refund of the rental fee, and the full security deposit.
• If a cancellation is made less than thirty (30) days prior to the event, the applicant will receive a refund of the  Security Deposit, excluding the rental fees.
• Requests to reschedule a booked event(s) may be permitted at the discretion of Arts Warehouse staff and is subject to the availability of the desired space at the time of the request. The event may be rescheduled one time and only applies to events that are more than sixty (60) days out.

 

Weather & Other Circumstances

The Arts Warehouse and CRA reserve the right to cancel or reschedule an event at any time, with or without prior notice due to circumstances for which it has no control, such as weather. If a facility rental must be cancelled due to an emergency on the part of Arts Warehouse, the applicant may reschedule the event at no additional charge or may qualify for a full refund of the rental fee.

 

MISREPRESENTATIONS:

The Arts Warehouse reserves the right to withhold all or a portion of the rental fee and/or close an event if it determines that the applicant has misrepresented information on this application or any application-related documents. Examples of such misrepresentations include but are not limited to: failure to disclose the true nature of the event; failure to disclose the level of utility usage; exceeding the reported number of guests; failure to report the sale or service of alcohol/food.

 

PERMITS, INSURANCE, & OTHER REGULATIONS:

The applicant is responsible for obtaining all licenses and permits required for the event, including any special event permits required by the City of Delray Beach and any alcohol licenses. The sale of goods, services, food, or beverages, or charging admission fees requires the prior written approval of the Arts Warehouse and must be outlined on the application. This provision does not apply to CRA sponsored events.

 

Insurance

The applicant is required at their own expense to procure and maintain liability and property damage insurance for protection against all liabilities related to the use or

occupancy of the space, and operations incidental thereto, with a minimum combined single limit of liability of not less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate. The Delray Beach Community Redevelopment Agency must be listed as an additional insured. Applicants must send a Certificate of Insurance and the accompanying Certificate Binder to acostas@mydelraybeach.com no later than two (2) weeks prior to the event date.

 

Alcohol

The applicant assumes all liability for the sale, service, and consumption of alcohol during the event dates and times agreed upon in the application. Florida state and local laws apply with regards to alcohol sales and/or consumption. The applicant is responsible for obtaining and providing any permits or licensing necessary to sell and/or serve alcohol during the event times. Applicant shall ensure that it and all its personnel responsible for serving alcohol will maintain all approvals, licenses, filing, registrations, and permits required by Law in connection with serving alcohol. The CRA reserves the right to discontinue the service of alcohol at any time during an event.

If alcohol is to be provided at the event, all permits or licensing associated with the sale, service, or consumption of alcohol will be required two (2) weeks prior to the event date and must be sent to acostas@mydelraybeach.com.

 

Vendors

A list of all vendors participating in the event, including contact information shall be provided at least one (1) week prior to the event date. All agreements with caterers, entertainers, photographers, and other vendors are the sole responsibility of the applicant and shall provide sufficient proof of licensing and insurance upon request. All vendors providing service to the applicant in the Arts Warehouse must be preapproved by the CRA and properly licensed, including a current business tax receipt and proper insurance coverage. Non-profit and 501(c)(3) charitable organizations are not required to provide a Business Tax Receipt should a current tax exemption certificate be provided.

 

RENTAL FEE PAYMENT:

The rental fee will be billed in an invoice via Square.com. The cost of the rental consists of the facility rental hourly fee per room and all fees for additional services such as equipment rentals, onsite staffing assistance, etc. The security deposit will be an additional and separate invoice as it is non-taxable.

 

Payment Schedule

The first fifty percent (50%) of the total rental fee is due no later than sixty (60) days before the event, while the remaining fifty percent (50%) balance due must be paid thirty (30) days prior to the event.

Under special circumstances, if an event must be scheduled less than sixty (60) days prior to the event date, it must be approved by Arts Warehouse staff and full payment of all rental fees including the security deposit are due upon receipt of rental fee invoices and signing of all paperwork.

 

Payee

The name and billing information of person/organization listed on the invoice must match the name and billing on the card or check used for payment and will be the same name that receives applicable refunds. Failure to make final payment will result in event cancellation. Arts Warehouse does not accept cash payments. All payments must be made by credit card, debit card, or a personal check.

 

SALES TAX:

A Florida state sales tax of seven percent (7%) will apply to each rental invoice unless the applicant, party, or organization applying is tax exempt. Sales tax will not be added to any security deposit as deposits are not taxable. Non-profit organizations must present their non-profit status form, and tax-exempt organizations must present their tax-exempt certificate when completing the application. Arts Warehouse does not accept cash payments. All payments must be made by credit card, debit card, or a personal check.

 

SECURITY DEPOSIT FEE:

A security deposit in the amount of five hundred dollars ($500.00) shall be required for reservation of the White Box space. All other spaces including Front Gallery, East Gallery, Wet Studio, or Meeting Room have a security deposit in the amount of one hundred dollars ($100.00). The security deposit and invoice will be sent separate from the rental fees and must be paid upon receipt of invoice to officially reserve the date requested. All invoices will be sent via Square.com.

 

Due

Security Deposit Payments are due in full at the time of confirming the Facility Rental date with Arts Warehouse staff, and all Facility Rental documents are executed. Rental dates will not be held unless the Security Deposit is received.

 

Payment Type

Arts Warehouse does not accept cash payments. All payments must be made by credit card, debit card, or a personal check.

Uses
The security deposit shall secure the applicant’s obligation to clean up or repair any damages to Arts Warehouse or CRA property, as well as overages in time. The applicant is responsible to leave the Arts Warehouse and all CRA property in its original condition as it was prior to the event. Any costs to the CRA for clean-up or repair damage caused by the event will be deducted from the security deposit. A pre-event and post-event walkthrough will be conducted by Arts Warehouse staff with the applicant. Examples of damage and/or rules violations that will result in deduction from the security deposit include: floor stains; stains on walls; broken or missing furniture and/or equipment; defacement of any part of the interior or exterior of the building; damage created by improper use of equipment or non-compliance of facility rules; unauthorized use of the kitchen or other spaces at the Arts Warehouse; unauthorized extension of event hours; improper storage of equipment; failure to properly clean the kitchen and other facilities used for the event.

 

Refunds and Charges

Security deposits will be refunded within thirty (30) days after the event to the original form of payment.  The name and billing information of person/organization listed on the invoice must match the name and billing on the card or check used and will be the same name that gets refunded the security deposit. Should the cost of damages exceed the cost of the security deposit, i.e. in the event that art work on display is damaged during the time of rental, the applicant will be charged with an additional invoice. Applicant may pay the cost of damages in full in one lump sum or via reoccurring payment plan agreement subject to the approval of the Arts Warehouse Manager.

 

SECURITY FEE:

The applicant may be required to hire the Palm Beach County Sheriff’s/City of Delray Beach Officer, or other CRA-approved security provider based on the use of the Arts Warehouse, the anticipated duration of the event, including set-up and breakdown time, the number of people anticipated to be in attendance, the activities to occur at the  event, whether food will be served, whether alcohol is served, and any other factor related to the security of the Arts Warehouse and surrounding areas.

RULES AND REQUIREMENTS

 

ADDITIONS & STRUCTURAL CHANGES TO INTERIOR/EXTERIOR OF BUILDING:

Changes affecting the appearance of the interior and/or exterior of the Arts Warehouse, such as decorations, awnings, signs, sunshades, air conditioning equipment, screens, balcony, or patio covers and enclosures, satellite dishes, or similar changes shall require the prior written approval of the CRA. Except for normal hanging of artwork on walls by the Arts Warehouse onsite staff, no person shall mark, drill into, or in any way injure, deface, or damage any wall, ceiling, door, frame, partition, floor wood or metalwork, wiring fixture, plumbing, and/or any equipment.

 

CLEANING, LITTERING, & TRASH DISPOSAL:

The applicant is responsible for disposal and removal of all garbage produced by the event and may use the dumpster located in the Arts Warehouse loading area for disposal. Applicant is responsible for removal of all non-CRA equipment (i.e. linens, décor, AV equipment and all personal items). Applicant must provide all garbage bags and cleaning supplies necessary to keeping the Arts Warehouse facilities clean.

Littering is strictly prohibited. Paper, cans, bottles, and other trash are to be deposited only in trash containers, and under no circumstances are such items to be dropped or left on the grounds or other common areas of the facility. All trash shall be placed in plastic bags. All garbage, refuse and/or waste matter shall be removed from the premise to the exterior dumpster on the SE corner of Arts Warehouse. In no event shall organic garbage such as food, food cartons, etc. be allowed to remain on the premise overnight. No person shall sweep or throw anything out of any window or door or into any public hall or stairway.

COMPLAINTS:

Complaints of violations of these rules should be made to the Arts Warehouse onsite staff, either verbally or in writing. Neither the CRA, nor any of its agents, servants, or employees, shall be responsible to any artist or artist’s guests for any non-observance of rules, regulations, and conditions on the part of other person.

 

CRA RESERVATION OF RIGHTS:

The CRA reserves the right to refuse use of the Arts Warehouse and may cancel any reservation or event because of activity or content deemed by the CRA to be inconsistent with the Arts Warehouse mission or not in the best public interest. The CRA reserves the right to reject any prior written approval in the best interest of the Arts Warehouse.

 

DECORATIONS:

Any prop set or furniture heavier than fifty (50) pounds requires prior written approval of the Arts Warehouse. Glitter, confetti, bird seed, rice, sand, silly string, poppers, and any similar materials are not permitted. Lit candles, pyrotechnic devices (including fog machines) and bubble machines are not permitted. Contained votive candles may be allowed with the prior written approval of the Arts Warehouse. No decoration of the Arts Warehouse common areas is allowed.

Furniture owned by Arts Warehouse may not be moved or used without the prior written approval of the Arts Warehouse, or as part of the rental agreement.

All items must be out of the Arts Warehouse at the conclusion of the event. Should any items be left behind, the CRA will charge the applicant fifty dollars ($50.00) for every day that the items remain at the Arts Warehouse. This cost will be deducted from the security deposit refund, and the refund will not be processed until the items are removed from the building. Storage facilities are not available for the applicant’s use.

 

DELIVERIES:

Artist shall notify the Arts Warehouse onsite staff in writing twenty-four (24) hours in advance of any deliveries. Prior authorization for such deliveries is required except for emergencies. No deliveries will be allowed after 6:00p.m. All tradesmen must be licensed and insured. The Arts Warehouse has no storage facilities available for use during these events.

 

ENFORCMENT:

The Arts Warehouse onsite staff shall have the authority to enforce all rules and regulations governing use of the Arts Warehouse. Lack of cooperation by the applicant and/or the applicant’s guests may result in closing the event and/or contacting security (City of Delray Beach Police or private).

Any person who destroys or steals property of the Arts Warehouse will be personally liable to the CRA for repairs and replacement of such property and will be required to leave the event immediately. Such destruction or theft may be prosecuted to the fullest extent of the law. Please note that Arts Warehouse has a security camera system with cameras in every common area that are recording at all times.

 

FIRE ALARM/SPRINKLER SYSTEM:

If the applicant or a guest of applicant sets off the sprinkler or fire alarm as a result of any unapproved activity, the applicant will be responsible for any costs, damages, or fines which result.

 

GAMBLING:

Gambling activity is prohibited in the Arts Warehouse.

 

KITCHEN USE:

No cooking is permitted in the Arts Warehouse kitchen. All food service items must be removed at the end of the event. Delayed pickup of any food service rental items is subject to prior written approval of the Arts Warehouse. If delayed pickup is approved, all food service rental items must be cleaned and repacked in the delivery cartons and arranged for pickup according to the prior written approval.

 

LAWS & REGULATIONS:

The applicant agrees to comply with all laws of the United States and of the State of Florida, the rules, regulations, and policies of the CRA, and any applicable municipal or county ordinances (collectively “the Laws”). Failure to comply with any one or more of the Laws may, at the discretion of the CRA, may result in the termination of this Agreement by the CRA. If, in the opinion of the CRA, violation of one or more of the Laws may cause a public or private hazard or nuisance, the CRA may demand the immediate correction of such violation or may terminate the event authorized to be conducted by this Agreement.

 

LIMITED USE:

Use of the Arts Warehouse is limited to the specific event description approved. Any other use is prohibited. The event is limited to the space within the Arts Warehouse that is approved and paid for. There may be more than one function, party or event taking place in the Arts Warehouse. Crowds congregating in areas such as hallways will be asked to disperse. Doors are not to be propped open in any room under any circumstances with the exception of loading and unloading purposes.

LOADING:

Loading will take place through designate loading areas as directed by Arts Warehouse staff. (Loading areas include: front entrance, side overhead door and rear entrance/overhead door) Vehicle parking will not be allowed in the loading area.  Parking for service vehicles requires the prior written approval of the Arts Warehouse.

 

LOGISTICS AND SAFETY REVIEW:

All events are subject to logistics and safety review by the Arts Warehouse onsite staff, law enforcement, fire rescue, public works, building, zoning, and risk management. The
applicant shall provide a floor plan and event timeline no later than fourteen (14) days prior to the event. The applicant must comply with all recommendations made for logistics and safety for the event.

Capacity and Number of Guests

The maximum occupancy is dependent on the specific room and is listed on the rental site. No event, regardless of location in the building, should exceed three hundred (300) guests at one time.

Emergencies

In the case of emergency involving the facility during the time of the event, find designated Arts Warehouse staff for the event. In the event of an emergency requiring immediate professional assistance, please dial 911 before notifying Arts Warehouse.

Emergency phone numbers are posted on the bulletin board in the kitchen.

Renter Responsibilities & Supervision

• Renters are required to have one (1) team member from the business or organization on site for the duration of the event for every fifty (50) expected guests.
• The applicant and/or the applicant’s designated onsite coordinator shall be responsible for ensuring that the applicant’s vendors and guests comply with the
  rules and regulations governing use of Arts Warehouse. Any vendor or guest determined to be non-compliant is subject to removal from the event.
• All children under the age of sixteen (16) must be supervised by an adult during the time in which they are at Arts Warehouse. Any events that provide childcare or child instruction at the Arts Warehouse must provide approved background checks for ALL personnel that will be responsible for childcare or instruction.

 

NOISE & NON-DISTURBANCE:

No person shall make or permit any loud noise or disturbance of any kind within the Arts Warehouse, produce objectionable odors, or interfere with the rights, comforts, or convenience of other guests. At no time are musical instruments, radios, phonographs or televisions to be so loud as to become a nuisance to surrounding residents, businesses
and/or guests of the Arts Warehouse. Music, DJ’s etc. need to be approved prior to any special event rental.

 

OUTSIDE ACTIVITES:

There shall be no use of the areas outside the buildings without the prior written approval of the CRA. Fires and any lighted materials, such as candles, torches, etc., are strictly prohibited. Renters and their guests shall comply with all local, state and federal regulations regarding fire safety. The sidewalks, parking areas, drives, roadways, entries, corridors, and fire escapes shall not be obstructed or encumbered, and shall not be used for any other purposes than ingress and egress.

 

PARKING:

Parking is permitted in designated parking areas only. Events are subject to interruption to remove vehicles from fire lanes, alleyways, or other spaces that are not approved parking or cause a hazard, nuisance, landscape damage or obstruction. If an event requires more than the available parking, the application may not be approved or may be required to find offsite parking or valet service at their own expense.

 

PERSONAL PROPERTY:

The CRA and its agents and staff will not be liable for any property of the applicant or the applicant’s event sponsors, vendors or guests if such property is damaged, misplaced, or stolen.

 

PETS:

Leashed pets are allowed inside Arts Warehouse and are the sole responsibility of the owner. Pets must always be leashed and with their owner.  Any disruptive incidents involving pets will require the owner and pet to leave the premises immediately. Any damages caused by leashed or unleashed pets will be the responsibility of the owner.

 

PLUMBING:

Any damage resulting from misuse of such plumbing fixtures shall be the responsibility of the renter.

 

POLITICAL ACTIVITIES:

Political fundraisers and distribution of candidate or other political literature is prohibited.

 

PROGRAMMING FOR PUBLIC EVENTS:

Educational programming for general events open to the public are limited to the following areas: music, film, theater, dance, public art, and arts education, unless approved by Arts Warehouse Manager.

 

RECURRING EVENTS:

Arts Warehouse may be rented for recurring events such as a dance, theater, music or another type of performing arts class subject to prior written approval of Arts Warehouse. Fees for such rentals are included in the Arts Warehouse fee schedule. Recurring events may be moved to another meeting space at the discretion of an Arts Warehouse staff
member at any moment.

 

SMOKING:

In compliance with the Florida Clean Indoor Act, section 386.201, Florida Statutes, the City does not permit smoking within City or CRA-owned and operated buildings. SMOKING IS PROHIBITED in the Arts Warehouse and its adjacent facilities, including the courtyard and all parking areas.

FACILITY RENTAL APPLICATION

 

APPLICATION

This application is the initial step in reserving space at Arts Warehouse. Requests will be reviewed by the order in which they are received. Arts Warehouse will only consider rental requests submitted via Jotform. The applicant named will be notified of application status. Submitting this application does not confirm or reserve any event dates. This application must be received no less than sixty (60) days in advance of your event and no longer than six (6) months from the event date.

CONTACT INFORMATION

Onsite coordinator who will be responsible for pre and post walk-through who will be present all times during setup, breakdown and actual event and is responsible for the actions of all guests, vendors, and agents.

Arts Warehouse will not be responsible for any spills, accidents, messes that incur during the times listed for the event nor will staff clean them. 

EVENT INFORMATION

RENTAL EQUIPMENT NEEDED

ADDITIONAL INFORMATION

If yes, State and local laws apply with regards to alcohol consumption. The sale of alcohol in the state of Florida is permitted through a licensed vendor only and proper licensing/permits must be provided to Arts Warehouse at least fourteen (14) days in advance of the event.

 

If alcohol is advertised/included in the ticket sales, State and local laws DO apply with regards to alcohol consumption. The sale of alcohol in the state of Florida is permitted through a licensed vendor only and proper licensing/permits must be provided to Arts Warehouse at least fourteen (14) days in advance of the event.