[HISTORY: Adopted by the Essex County Board of Chosen Freeholders 4-28-1993 by Ord. No. O-1993-00006. Amendments noted where applicable.]
Parks and recreation areas — See Ch. 74.
The following permit fees and guidelines shall apply for artisan use of the studio units at Riker Hill Park.
As used in this chapter, the following terms shall have the meanings indicated:
- ART CRAFT
- Includes but is not limited to painting, sculpture, wood working, jewelry, photography and ceramics.
- An artist who obtains a permit to use studio space at Riker Hill Park to practice an art craft.
- The County of Essex.
- A written license used by the County through the Department of Parks, Recreation and Cultural Affairs for the use of the premises.
- The studio space utilized by an artisan at Riker Hill Park to practice an art craft.
The permit fee for studio use, single occupancy, shall be as follows:
The one-year permit fee for studio use, multiple occupancy, shall be as follows:
The County reserves the right to limit multiple occupancy based on studio size and artisan use.
The permit fee shall include use of heat, hot water and electricity.
The artisan will use the premises as a studio for the practice of an art craft. The artisan may teach classes in said craft, sell materials and equipment in said craft, and sell at the studio craft items made in the studio. The artisan will properly comply with any statute, rule, order, ordinance, requirement or regulation applicable thereto or to this permit.
The premises shall be utilized from 8:00 a.m. to 10:00 p.m. The premises may not be utilized at any other time without prior written approval from the County.
The artisan shall make no structural alterations to the premises without the prior written approval from the County.
The artisan shall comply with all reasonable requirements of insurance carriers and underwriters or of the Board of Fire Underwriters, Fire Insurance Rating Organization, Fire Prevention or other similar body.
The artisan shall deposit with the Department 1 1/2 month's security. Said deposit shall be held without interest and shall be returned to the artisan at the termination of the permit less any damages.
One-twelfth of the annual permit fee shall be due and owing on the first day of each month. The check shall be made payable to the Department of Parks/Riker Hill.
A late fee of 5% of the monthly fee shall be due and owing to the County for any portion of a monthly payment received after the fifth day of each month.
Each artisan in multiple occupancy of the studio shall be jointly and severally liable for any and all payments due to the County.
In addition to the base rent, the artisan shall submit to the County 20% of the fees collected during the month from teaching a craft. Said fee shall be accompanied by the appropriate documentation, including course name, students' names, amount of fee, and any additional information required by the County. Said fee of 20% shall be due and owing on the first day of the month. If said fee shall be received after the fifth day of the month, the late charge in § 96-13 shall apply. The County reserves the right to demand a certified statement from a public accountant concerning fees collected in the foregoing courses.
[Amended 12-13-2006 by Ord. No. O-2006-00016]
The artisan shall be required to donate 50 hours of community service per year to Essex County residents at Riker Hill Park.
The artisan shall provide liability insurance coverage, and such limits shall be in compliance with the recommendation from the office of County Counsel.
The artisan shall indemnify and hold the County harmless from all liability, claims, actions, costs arising from all acts or omissions whatever of the artisan, its agents, servants, employees and/or subcontractors, including cost of defense and/or attorneys' fees.
The artisan may terminate a permit and be released from further monthly payments due to moving out of state, terminal illness or death.
At the expiration of the permit, the artisan shall deliver the premises in the same order and in the same condition as when initially occupied, except for ordinary and reasonable wear and tear and improvements and alterations by the artisan.
The artisan shall take good care of the premises and shall maintain the premises in a clean and safe condition in both the interior and exterior of the premises.
The artisan shall have the sole responsibility for securing and locking the premises. However, the County does require the retention of a duplicate set of keys to the premises in the event of access needed because of an inspection or an emergency.
The artisan shall not, without the prior written consent of the County, repair, paint, decorate, etc., any area in the premises, and the artisan shall not, without the prior written consent of the County, hire anyone to repair, paint or decorate, etc., any area in the premises. After written consent is obtained from the County for the repair, etc., the artisan must repair the item at his/her own cost and expense.
The County shall only take responsibility for any and all major repairs to the premises which shall include repairs to the roof, to the exterior of the building, and repairs to the hot water, heating and air-conditioning systems.
No alterations, additions, construction, reconstruction or improvements shall be made to the premises and no air-conditioning, heating or cooling systems, equipment, apparatus and fixtures shall be installed or attached to the premises without the prior written consent of the County.
Any and all such alterations, additions, improvements or equipment installed or attached to the premises at the consent of the County shall belong to and become the property of the County at the end of the permit term and shall be surrendered upon the expiration of the permit without hindrance, molestation or injury, unless the County directs their removal by the artisan.
The County may enter into an agreement with an artisan whereby approved alterations, additions, construction, reconstruction, or improvements would be paid for by the artisan in exchange for the County abating the artisan's permit fees, at a rate and over a period of time to be determined by the County, in a cumulative amount equaling no more than the amount expended by the artisan in accordance with the agreement.
The artisan shall not, without the prior written consent of the County, assign the permit or permit occupancy or any parts thereof.
The artisan, its subtenants, assignees, and its invitees or licensees shall have right of access through the halls, corridors and other common areas of the premises and through Riker Hill Park and use of other common areas and facilities provided by the County. In addition, the artisan, its subtenants, and its invitees or licensees shall have a nonexclusive right to use parking areas provided by the County.
The artisan must give notice of his/her intention to renew the permit not later than two months prior to its expiration. The County upon review shall render its determination one month prior to the expiration of the permit.
If in any calendar year during the term of the permit and in any renewal or extension of the term thereof, state, county, city or municipal taxes are assessed against the County for the land and improvements of which the premises herein are a part, the artisan hereby agrees to pay the sum of those taxes, which shall be considered as additional rent and shall be paid in monthly installments at the time paid.
The artisan shall comply with all laws, ordinances, rules and regulations of the federal, state and municipal governments applicable to the use and occupancy of said premises and shall obtain all required approvals and permits for such use.
The artisan shall abide by all rules and regulations now or hereafter adopted by the County applicable to the premises and to the Riker Hill Park. Such regulations may include requirements that the artisan actively cooperate with and participate in the Riker Hill Park's programs and activities.
The artisan shall not place nor allow to be placed any signs of any kind whatsoever on the County property outside the premises except with the prior written approval of the County. Any signs permitted by the County shall at all times conform with all municipal and County ordinances or other state laws or regulations.
The artisan shall not store or use any hazardous materials nor do anything that would constitute an unreasonable risk to the safety of persons or property. Hazards customarily incident to the artisan's permitted craft shall be permitted, provided that precautions and safety measures have been approved by the County.
All notices and/or information and documents required under the terms of the lease shall be given and be deemed complete by mailing such notices by certified or registered mail, return receipt requested, to the address of the parties designated in the lease.
Any out-of-County resident who is occupying studio space at Riker Hill Park as of January 25, 1989, shall be exempt from the permit fee surcharge of 25%.