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Item 8CAGENDA ITEM # 8C APRIL 26, 2010 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Contracts with Organizations Providing Recreation Programs at City Facilities DATE: Apri12, 2010 SUBMITTED BY: Timmy Johnson, Recreation Director ' David E. Thompson, Asst. City Manager BACKGROUND: Several organizations have been offering recreational programs at City facilities for many years. The Atlantic Beach Athletic Association (ABAA) provides two seasons of T- ball, softball, and baseball each year. The Atlantic Beach Experimental Theater (ABET) provides plays and theatrical events for public participation and entertainment. Tennis professional Brecht Catalan provides tennis lessons on Atlantic Beach courts. In the past, each of these organizations entered into a contract with the City of Atlantic Beach which included the payment of a fee for the use of the facilities. These contracts have been updated for City Commission approval. For several years, yoga instructor Linda White has been offering City sponsored yoga sessions at the Adele Grage Cultural Center on a weekly basis. She has not had a contract with the City in the past, but this year a contract has been drafted to formalize her relationship with the City. In each of the cases above, the organization/person under contract will provide opportunities for inclusion and participation for low income residents who may not otherwise be able to afford to participate. BUDGET: The fees in the contracts for ABAA, ABET, Brecht Catalan, and Linda White is $200 for the year, which is consistent with similar contracts in previous years. RECOMMENDATIONS: To authorize the City Manager to sign the attached contracts with ABAA, ABET, tennis professional Brecht Catalan, and yoga instructor Linda White. ATTACHMENTS: ABAA Proposed Contract ABET Proposed Contract Tennis Professional Brecht Catalan Proposed Contract Yoga Instructor Linda White Proposed Contract REVIEWED BY CITY MANAGER: AGE A ITEM NUMBER: AGENDA ITEM # 8C APRIL 26, 2010 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of , At Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and Atlantic Beach Athletic Association of Atlantic Beach, Florida (904) 249-2985 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: Jack Russell Park Baseball Facilities and Concession Building and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one time use, and therefore a long term use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Length of Rental Term: This agreement shall run from April 1, 2010 through September 30, 2010. 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non-profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax exempt form or other proof or evidence satisfactory to the City Manager of Renter's non-profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager. AGENDA ITEM i18C APRIL 26, 2010 c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents with its own financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility, together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. i. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the financial responsibility of the Renter. j. Renter shall provide a written account of all keys to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of re-keying or changing of the applicable locks. One key will be provided at no cost to Renter and any additional keys will require a $10.00 fee per key at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules, i.e., a facility maybe requested for short term use by applying for such use after the 15th day of each month for a day or time period within the next month. For example, any organization requesting the short term use of a City facility in the month of February could apply for such use after the 15th day of January. AGENDA ITEM # 8C APRIL 26, 2010 Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold harmless the City from any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Jack Russell Park Baseball Facilities and Concession Building o. Additional provisions agreed upon by the City and Renter: Renter will actively recruit in low in low income areas, and renter will provide scholarships, `work for play' or other mechanisms to assure that children are not denied the opportunity to participate due to their inabilitX to pay registration or other related fees. 4. Exclusive Use Dates and Times: January 15` through June 30~' & August ls` through November 30`h. The City retains the right to rent and use the facility at other times not specified for use by the Renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. 6. Control of Building: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. AGENDA ITEM # 8C APRIL 26, 2010 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (10) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not." IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day of CITY OF ATLANTIC BEACH /1 By: Its NTER" "CITY" ,~.~rr.~~~~b ~~.-~ AGENDA ITEM # 8C APRIL 26, 2010 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of , At Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and Atlantic Beach Experimental Theatre of Atlantic Beach, Florida (904) 249-7177 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: The Adele Grage Cultural Center Theatre and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one time use, and therefore a long term use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Length of Rental Term: This agreement shall run from Apri112010 through September 30, 2010. 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non-profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax exempt form or other proof or evidence satisfactory to the City Manager of Renter's non-profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager. AGENDA ITEM # 8C APRIL 26, 2010 c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents with its own financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility, together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. i. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the financial responsibility of the Renter. Renter shall provide a written account, of all security key cards to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of canceling the lost card and issuing a new one. One key will be provided at no cost to Renter and any additional keys will require a $20.00 fee per key at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules, i.e., a facility may be requested for short term use by applying for such use after the 15th day of each month for a day or time period within the next month. For example, any organization requesting the short term use of a City facility in the month of February could apply for such use after the 15th day of January. AGENDA ITEM # 8C APRIL 26, 2010 1. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold harmless the City from any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Adele Grage Cultural Center Theatre o. Additional provisions agreed upon by the City and Renter: 4. Exclusive Use Dates and Times: The renter will be given priority for reserving the Theatre for auditions, performances, rehearsals and drama classes. The Renter's Manager will provide a schedule of plays to the Recreation Department on a yearly basis. The City retains the right to rent and use the theatre at other times not specified for use by the renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. 6. Control of Building: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. AGENDA ITEM # SC APRIL 26, 2010 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (10) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City,. whether suit is filed or not." IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day of . CITY OF ATLANTIC BEACH f~ 1c ~\ C~ "RENTER" By: Its "CITY" AGENDA ITEM # 8C APRIL 26, 2010 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of , At Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and Brecht Catalan of 12855 Greenmeadow Place, Jacksonville, Florida (904) 241-4625 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: Jack Russell Park Tennis Courts 5 & 6 and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one time use, and therefore a long term use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Length of Rental Term: This agreement shall run from April 1, 2010 through September 30, 2010. 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non-profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax exempt form or other proof or evidence satisfactory to the City Manager of Renter's non-profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager. AGENDA ITEM # 8C APRIL 26, 2010 c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited fmancial statements are not available, renter shall provide all supporting documents with its own financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility, together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. i. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the fmancial responsibility of the Renter. Renter shall provide a written account of all keys to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of re-keying or changing the locks. One key will be provided at no cost to Renter and any additional keys will require a $10.00 fee per key at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules, i.e., a facility may be requested for short term use by applying for such use after the 15th day of each month for a day or time period within the next month. For example, any organization requesting the short term use of a City facility in the month of February could apply for such use after the 15th day of January. AGENDA ITEM # 8C APRIL 26, 2010 1. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold harmless the City from any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Jack Russell Park Tennis Courts 5 & 6 o. Additional provisions agreed upon by the City and Renter: 4. Exclusive Use Dates and Times: See attached. The City retains the right to rent and use the facility at other times not specified for use by the renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. 6. Control of Building: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. AGENDA ITEM # 8C APRIL 26, 2010 8. DEFAULT: Incase the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (10) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not." IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day of CITY OF ATLANTIC BEACH By: Its "CITY" AGENDA ITEM # 8C APRIL 26, 2010 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this ~ 5+ day of ~~~ r i ~ ~- ~' r ° , At Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 3'~2233~ (hereinafter "City"), and Linda White of ~-i zz t 7th f~Y 2 ~ ~ ~ ~ o~~~-~h , :) ~ GhS G 6 ~U ~ (t~ ~ ~. ~-~,~ ,Florida (904) Z ~t 6 - Z ~ 3 ~7 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: Adele Grage Cultural Center (Community RoomZ and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one time use, and therefore a long term use, and WHEREAS, the parties are in complete agreement regazding the terms set forth herein. NOW THEREFORE, inconsideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Length of Rental Term: This agreement shall run from April 12010 through September 30, 2010. 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to ali, is non-profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax exempt form or other proof or evidence satisfactory to the City Manager of Renter's non-profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager. AGENDA ITEM # 8C APRIL 26, 2010 c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents with its own financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility, together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. i. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the financial responsibility of the Renter. j. Renter shall provide a written account of all keys to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of re-keying or changing the locks. One key will be provided at no cost to Renter and any additional keys will require a $10.00 fee per key at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules, i.e., a facility may be requested for short term use by applying for such use after the 15th day of each month for a day or time period within the next month. For example, any organization requesting the short term use of a City facility in the month of February could apply for such use after the 15th day of January. AGENDA ITEM # 8C APRIL 26, 2010 1. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold harmless the City from any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Adele Grage Cultural Center Community Room o. Additional provisions agreed upon by the City and Renter: 4. Exclusive Use Dates and Times: See attached. The City retains the right to rent and use the facility at other times not specified for use by the renter. S. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. 6. Control of Building: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. AGENDA ITEM # 8C APRIL 26, 2010 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (10) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not." IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day of CITY OF ATLANTIC BEACH By: Its .. - ~ilL~~. L.~~'-~~s2..~. ~-'- ~~RENTER" "CITY" AGENDA ITEM # 8C APRIL 26, 2010 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of , At Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and Atlantic Beach Experimental Theatre of Atlantic Beach, Florida (904) 249-7177 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: The Adele Grage Cultural Center Theatre and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one time use, and therefore a long term use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Length of Rental Term: This agreement shall run from April 1, 2010 through September 30, 2010. 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non-profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax exempt form or other proof or evidence satisfactory to the City Manager of Renter's non-profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager. AGENDA ITEM # 8C APRIL 26, 2010 c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents with its own financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility, together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. i. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the financial responsibility of the Renter. Renter shall provide a written account of all security key cards to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of canceling the lost card and issuing a new one. One key will be provided at no cost to Renter and any additional keys will require a $20.00 fee per key at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules, i.e., a facility may be requested for short term use by applying for such use after the 15th day of each month for a day or time period within the next month. For example, any organization requesting the short term use of a City facility in the month of February could apply for such use after the 15th day of January. AGENDA ITEM # 8C APRIL 26, 2010 1. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold harmless the City from any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Adele Grage Cultural Center Theatre o. Additional provisions agreed upon by the City and Renter: 4. Exclusive Use Dates and Times: The renter will be given priority for reserving the Theatre for auditions, performances, rehearsals and drama classes. The Renter's Manager will provide a schedule of plays to the Recreation Department on a yearly basis. The City retains the right to rent and use the theatre at other times not specified for use by the renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. 6. Control of Building: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. AGENDA ITEM # 8C APRIL 26, 2010 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (10) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not." IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day of CITY OF ATLANTIC BEACH By: Its c ~. "RENTER" "CITY" ~~~~ CERTIFICATE OF LIABILITY INSURANCE oPm_nc DATE(WrE)CfYYYYI~ ~ nra.wir~a: U3 LU lU THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION Meara Inauzaace A$enoy Inc ONLY AND CONFERS NO R1G}iTS UPON THE CERTIFICATE HO 14061 i'hirteen Mile LDER. THIS CERTIFICATE DOES NOT AMiEND, EXTEND OR ALTER TH H E COVERAGE AFFORDED BY THE POLICIES BROW. erren MI 48088 Fhoae:586-29d-2940 Fast:586-29d-2949 INSURERSAFFORDRiGCOVERAGE wuc4 ElUAEp NlURER ll Markel InaUranoe Co. WSURBI Atlan~ti~ Bosch gaper~~'t.T Th 1 O u+suaaac: - ] tlantf o~BO~achBFLd$2233 5 N~sur~I p MSURER E rrtvcner_ec cu oucm HAYt M~11169u®TO T!¢ ErSUREp NAMED A90YE FOR THE PCIACY PERIOD INOtCAtFfl. NOiWIA1STAN0MIG ANY REOUIRHAENT, TERM OR CONpTT10N OF ANY CONTRACT OR 07MER DOCUMENT WTfH RESPECT TC WHCN TNL4 CERTY C T I l1 E WY EE IlSIED OR MAY PERTAN, TIE? INSURANCE AFFORDED BY THE POLICEB DESCRIBE HEREIN R SUB.ECT TO ALL THE IERMl FiCCLUSIDNSANO C N 1i , p R)NS OF SUCH O POLICES. AGGREGATE LWR88IgWN WY HAVE BEEN REDUCED 9Y PAE) CLVMl. L1R TYPE O/MiiR1AMCE lOI.ICY NUMBER DATE IIMMDlYYYY LMIRB OE1 B""LI'"°E'TM EACH OCCURRENCE :1 000 000. A R X coMr.ERCIAL GENERAL UABa,rTY NCSC AC124 ~ 01/20/14 i 01/20/11 PREMISES sSE.oa~mo. s 100 000. CLAM! MADE XQ OCCUR ~ MED EXP INry ont prmq s5 000. PERSONALa ADVIHJURr 1 000 s 000. C ENERAL AGGREGATE 3 000 000 GENI.AGGREfiATE LMR APPLES PER r PRODUCTS-COMP10P AGG s . s 1 000 000. Fol,cr~ Loc NFFaIOeaE LMB~Ry ANY AlRO icoME ~ID swcae uMn i • Au owNm Autos ~ scHEOUEDAUros ~Dn.YBUUar t P~1 s HIREDALROS NON-0WNED AUKS I~ILY~ORY i PROPERTY DAiTAGE _ l~~r! OA RAOE ITABOlIY AVTO ONI.r_Fa ACCDENi f AHY AUTO EA ACC i OTHER THAN AUTO ONLY AOG ~ i E[CLESJUMBRQLA LIABtJTY EACH OCCURRENCE i OCCItlI ~ CLAW! WOE I ~~~ i i DEDUCTIBLE j = s RETENTION i . i WDRMees colwENaw AMD BMPLDYERt UABItiTY rr N •TORr LMITS ER O~FFIC RI~FJIB~ER EXp.UDEp? . ~~` E.L EACH ACCEiETii i l b MNI tl,~a~ M1aB~ „q„ E.L. DISEASE • EA EMPL i aPF~L PiloVllION6 CMw El DIlEASE - POLICY LMII' ~ ! OTTER OBiC1M'BDB OF OPSRATIONB f LDCAIMAE /VFiRCLE=! E7(CWEIONt AppEtt EY EIDORSGYgNTt MECIAL MIOVIigIq The below naEtod CartifiaatasEtoldRr is an Additional InBUrod with respects to tho negligence of the First NaEUSd Insured Trhile at 716 paesYl Blvd, Atl.sntic Beach, FZ. 32233 during the atwvo policy tern, CERTp~TCATE HOLDER reAArcl ~ ennu BHOULD AMY OF THE ABOVE OEaCI~ POLICES {[ CANC0.LED YBrO11E THE E1fPM ATLIINTI tulaTNETaaF:THEElutlIDtlISUIUTItsVLI.fJIDEAVORTOMNI 30 DArtsrErTtlr City Of Atlantic Tieaah MOTICi TO THE CEIRiICATB MOLDER NAMED TO T!E LBFi, elR iAWR6 TO OD SO B-IALL Atlanti.o HaaOh City Aalll YIPOBE NOOWOAiq!{OR LIABBJTY Ot AMY RBm ulOM THEIMiYRBR, TTa AOtlNl1 OR 800 Seminole Ad r~11ESENYATIIRB. Atlantic Boaoh FL 32233 •cnQn x T~nnea~~. _ - _ _ _ _ _ a G7 ~O N .r _03 O ~ n v TB06-YDDY ACORD CORPORATION. All Fight Feaervvd. 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R~ v L r} L L aVi c _~ d a a E Y AGENDA ITEM # 8C APRIL 26, 2010 FY 2008-2009 Year ending 30-Sep Cash aM Bank Acceums 10101108 ecef Progrem Ads Community Foundation Gram Cukural Coundl Grem ABET Backers -2008-2009 season ABET Backers -2009-2010 season Ticket sales •200&2009 season Ticket sates -2009 -2010 season Misc. drama workshop rwst Children's workshop cost m camp Extravaganza -fund raising cost sutotal sHOws receipts Show ttlast FY Show l2 Show N3 Show N4 Show Il5 snow ee extra 1 extre 2 Show N7 Summer shows [rret[ subtotal Taal Innow to Cash end Bank Acrqums x nses Salary Payroll Taxes Wddhheld US Treawry CONTRIBUTION SHOWS expanses Shay fllast FY Show N2 snow a"3 Show N4 Show NS Show /8 eMre 1 extra 2 show Ar7 snow X8 snow t9 show R70 show •11 show *12 show M13 show •i! subtotal mist Florida annual repoA Memberships 8licerlses Bank fees insurance AdveALsinyPromoOonl Webpage supplies Perusal Scripts PoslageMlaNlgx/COpies storage Expense ~ remal Telephone Taal Outflow hom Cash and Bank Aocoums Net Inceme/(Loss) Casa aM Bank AcceunLS 09/30/09 DONATIONS in kMd ATLANTIC BEACH EXPERIMENTAL THEATRE Treasurefs Report 22,211 L,LO`J. / 5 1900 last fiscal yeas 3,550.00 6,292.OD 1,387.00 58811ast fiscal yeas 4,481.00 1,327.00 e4s3 last Tisral yeas 7,930.00 490.00 tee shirts 2,170.00 -1,085.00 5056 to tutor 1,855.00 -927.50 So% to tutor 1,208.00 -721.55 4,804.26 Sanders family ChAstmas 2,675.81 Love letters 3,374.50 Forrest 4,319.95 Exact tamer of ... 1,757.00 Rear End 1,056.00 Hughie 635.00 Halloween 6,471.61 THE Aa 1,606.58 56, 836.41 4,664.41 SarMers family Christmas 2,116.45 Love letters 2,480.22 Forrest 1,816.66 Exact tamer of ... 617.68 Rear End 1,265.38 Hrrghie 321.73 Halloween 10,243.30 THEAa O.OO SHOW 8 17.0$ SHOW 9 O.OO SHOW 10 O.OO SHOW ii 0.00 SHOW 12 0.00 SHOW 13 400.00 snow to 3,100.56 Iptds 875.04, 383.78 61.25 1,362.00 1,499.36 427.86 266.16 371.37 3,086.00 1,443.04 53,028.61 3,807.80 1,400.00 AGENDA ITEM # 8C APRIL 26, 2010 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of , At Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and Atlantic Beach Athletic Association of Atlantic Beach, Florida (904) 249-2985 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: Jack Russell Park Baseball Facilities and Concession Buildin and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one time use, and therefore a long term use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Length of Rental Term: This agreement shall run from April 1, 2010 through September 30, 2010. 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non-profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax exempt form or other proof or evidence satisfactory to the City Manager of Renter's non-profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager. AGENDA ITEM # 8C APRIL 26, 2010 c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents with its own financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility, together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. i. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the financial responsibility of the Renter. j. Renter shall provide a written account of all keys to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of re-keying or changing of the applicable locks. One key will be provided at no cost to Renter and any additional keys will require a $10.00 fee per key at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules, i.e., a facility may be requested for short term use by applying for such use after the 15th day of each month for a day or time period within the next month. For example, any organization requesting the short term use of a City facility in the month of February could apply for such use after the 15th day of January. AGENDA ITEM # 8C APRIL 26, 2010 Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold harmless the City from any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Jack Russell Park Baseball Facilities and Concession Building o. Additional provisions agreed upon by the City and Renter: Renter will actively recruit in low in low income areas and renter will .provide scholarships, `work for play' or other mechanisms to assure that children are not denied the op ortunity to participate due to their inability to pay registration or other related fees. 4. Exclusive Use Dates and Times: January 1st through June 30th & August 1St through November 30th. The City retains the right to rent and use the facility at other times not specified for use by the Renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. 6. Control of Building: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. AGENDA ITEM # SC APRIL 26, 2010 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (10) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not." IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day of CITY OF ATLANTIC BEACH By: _ Its NTER" "CITY" .~.v~Fs~~ ~-T AGENDA ITEM # 8C APRIL 26, 2010 NON-PROFIT ORGANIZATION DIRECTORS AND OFFICERS INCLUDING EMPLOYMENT PRACTICES LIABILITY CERTIFICATE OF INSURANCE certificate 4FLN-ATL024080 ISSUED: 03/09/10 Number: AUTHORIZED AGENT: Company Affording Coverage: NATIONWIDE MUTUAL INSURANCE COMPANY K8K INSURANCE GROUP, INC. THE COVERAGE SHOWN ON THIS CERTIFICATE IS CLAIMS MADE COVERAGE WHICH APPLIES ONLY TO CLAIMS FIRST MADE DURING THE COVERAGE PERIOD. This Certificate of Insurance provides you (the Insured Member) with the insurance indicated below as part of Master Policy #RPG~6954-00 issued to the Sports, Leisure and Entertainment RPG. This Certificate of Insurance together with the Master Policy Declarations, Coverage Form, Endorsements and Enrollment Form constitute the contract between the Insurer, the Of+ganization and the Individual Insureds. Item A. INSURED MEMBER/PARENT ORGANIZATION ATLANTIC BEACH BABE RUTH LEAGUE Bob Kraus 13564 Lobo Court Jacksonville, FL 32224 ITEM B. COVERAGE PERIOD Effective: 02/01/2010 Expiration: 02 / O 1 / 11 (at 12:01 a.m. Standard Time at the address of the Parent OrganizatioN ITEM C. LIMITS OF INSURANCE 1 000 000 Limit of Liability Maximum Aggregate Limit of Liability for each Policy Year: EXCLUDED Outside Service Coverage: 500 Retention (Each Claim): EXCLUDED Medical Payments for Partiapants Directors and Officers: EXCLUDED Volunteers: PREMIUM $500.00 EXCLUDED INCLUDED EXCLUDED EXCLUDED Total Premium Fully Earned at Inception: $500.00 NOTICES: ALL NOTICES REQUIRED TO BE GIVEN TO THE INSURER UNDER TWIS COVERAGE SHALL BE ADDRESSED TO: K&K Insurance Group, Inc. PO Box 2338, 1712 Magnavox Way Fort Wayne, IN 46801 l By: /•~ AUTHORIZED REPRESENTATIVE SIGNATURE SRPG3500 CERT (02/05) ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/9/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s . PRODUCER NAME: Cheryl Pettibone K$K Insurance Group, Inc PHONE 800-736-7358 FAX 1712 Magnavox Way (ac, No. Ext): (A/C, No); P.O. Box 2338 ADDRESS: Cheryl_Pettibone~kandkinsurance.com Fort Wayne, IN 46801 ,,,,,,__,.__ ,_ - INSURER(S) AFFORDING COVERAGE NAIC M INSURED INSURER A: National CeSUaI Compan Babe Rusth League, Inc. INSURER B: Nationwide Lffe Insurance Co. ATLANTIC BEACH BABE RUTH LEAGUE INSURER C: 13564 Lobo Court INSURER D: Jacksonville, FL 32224 NIIYRFR• HI ER IFY AT HE P LICI N URAN E L D L HAVE BEEN S U D H IN URED AMED AB F R THE LI Y E OD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/D MMID LIMBS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY A PREMISES Ea occurrence $ 300,000 CLAIMS-MADE aOCCUR 12 01 AM 12 01 AM MED EXP (Any one person) $ 5,000 A KRO-1507-02 : 02/01/2010 : 02!01!2011 PERSONAL 8 ADV INJURY $ 2,000 000 GENERAL AGGREGATE , NONE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-0OMP/OP AGG $ 2,000,000 POLICY PROJECT LOC PARTICIPANT LEGAL LIABILITY $ 2,000,00[) AUTOMOBILE LU1BILnY M 1 I L LI IT Ea Accident $ 1,000,000 ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS 12 01 AM 12 01 AM BODILY INJURY (Per accident) A SCHEDULED AUTOS KRO-1507-02 : 02/01 /2010 : 02/01/2011 Per accdent A X HIRED AUTOS X NON-0WNED AUTOS UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS L1A6 CLAIMS-MADE AGGREGATE DEDUCTIBLE RETENTION AND EMPLOYERS' LUIBLITY Y / N ANY PROPRIETORSHIP/PARTNER! TORY LIM TS OTHER EXECUi1VE OFFICER/MEMBER ~ EXCLUDED? N / A E.L. EACH ACCIDENT Mandatory In NH) f yes descnbe under E.L. DISEASE - EA EMPLOYEE , DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT PARTICIPANT ACCIDENT B SPP-36953-00 12:01 AM 12:01 AM ADBD $ 10,000 02/01/2010 02/01/2011 Excess MEDICAL $ 250,000 DESCRIPTION OFOPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additlonal Remarks Schedule, M moro space Is required) Additional Insured: Any Person, Organization, or Entity who is engaged in providing the premises, is a sponsor or co-promoter, but solely with respect to the operations of the named insured. Major / 70, Minor, Rookie, T-Ball, 13 - 15, 16 -18, Major - 12U, Minor - 10U, Rookie - 8U, T-Ball - 6U, 16U ATLANTIC BEACH BABE RUTH LEAGUE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE BOb KraUS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 13564 Lobo Court ACCORDANCE WITH THE POLICY PROVISIONS. Jacksonville, FL 32224 AUTHORIZED REPRESENTATIVE _~ /~ ya `0 ~ ~~ a~ o~ o *~ n ACORD 25 (2009/09) m 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORDT~ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/9/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this cert~cate does not confer rights to the certificate holder in lieu of such endorsementtsl. Cheryf Pettibone K8:K Insurance Group, Inc 1712 Magnavox Way PNONE (ac, No. Ext): 800-736-7358 Fax (ac, No): P.O. Box 2338 ADDRESS: Cheryl_Pettibone~kandkinsurance.com Fort Wayne, IN 46801 CUSTOMER ID N: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: National CaSUa Company Babe Rusth League, Inc. INSURER B: Nationwide Life Insurance Co. ATLANTIC BEACH BABE RUTH LEAGUE 13564 Lobo Court INSURER C: Jacksonville, FL 32224 INSURER D: 6UVtKAGtS CFRTIFICAT'F NIIIYRFR• _ onn~r~u ununre~. H I TIFY THAT TH POLI IE FIN RANCE L HAV B N H IN ED NAM DAB E F R THE PO Y RI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR SWVD POLICY NUMBER M MM/D LIMITS GENERAL LUIBILITY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY A PREMISES Ea occunence $ 300,000 CLAIMS-MADE OCCUR 12:01 AM 12 01 AM MED EXP (Any one person) $ 5,000 A KRO-1507-02 02/0 : PERSONAL & ADV INJURY $ 2 000 000 1/2010 02/01/2011 GENERAL AGGREGATE , , NONE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY PROJECT LOC PARTICIPANT LEGAL LIABILITY $ 2,000,000 AUTOMOBILE LIABILITY BIN IN L UMI EaAcadent _ $ 1,000,000 ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS 12 01 AM 12 01 AM BODILY INJURY (Per accident) A SCHEDULED AUTOS KRO-1507-02 : 02/01/2010 : 02/01/2011 Per accident X HIRED AUTOS X NON-0WNEDAUiOS UMBRELLA LU16 OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DEDUCTIBLE RETENTION E N N AND EMPLOYERS' LUIBLITY Y i N ANY PROPRIETORSHIPIPARTNER/ TORY LIM TS OTHER EXECUTIVE OFFICER/MEMBER ~ EXCLUDED? NIA E.L. EACH ACCIDENT (Mandatory In NH) f es describe under E.L. DISEASE - EA EMPLOYEE , DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT PARTICIPANT ACCIDENT B SPP-36953-00 12:01 AM 12:01 AM AD&D $ 10,000 02/01/2010 02/01/2011 Excess MEDICAL $ 250,000 DESCRIPTION OF OPERATIONS / LOCATbNS /VEHICLES (Attach ACORD 101, Additional RemaAcs Schedule, K more spaes is required) Additional Insured: Any Person, Organization, or Entity who is engaged in providing the premises, is a sponsor or co-promoter, but solely with respect to the operations of the named insured. Major / 70, Minor, Rookie, T-Ball, 13 - 15, 16 - 18, Major - 12U, Minor -10U, Rookie - 8U, T-Bail - 6U, 16U ATLANTIC BEACH BABE RUTH LEAGUE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Bob Kraus THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 13564 Lobo Court ACCORDANCE WITH THE POLICY PROVISIONS. Jacksonville, FL 32224 AUTHORIZED REPRESENTATIVE ~~' /~ o ~ ~ ~ ra a~ o~ o~ n ACORD 25 (2009/09) ©1988-2009 ACORD CORPORATION. Ail rights reserved. The ACORD name and logo are registered marks of ACORD AGENDA ITEM # 8C APRIL 26, 2010 Form 990-EZ Department of the Treasury A For the 2008 B cnaa~ n apprxat~ Address ~a Nems crwrge Initial return Short Form Return of Organization Exempt From Income Tax Under section 601(c}, 527, or 4947(a){1j of the Internal Revenue Code (except black lung benefit trust or privatie foundation} - Sponsoring organizations of donoradvised funds and txaAhobatg organizations as defined ~ sectbn 512(b)(43) must fife Form 1490. Alt other organizations with gross receipts ass than 54,000,000 and fatal assets less than 52,500,000 et the end d the year may use this fiorrrr. - The organlzatlon may hereto use a Dopy of this return to aatts/y state repoMrrp rotndnmtents. r ear, or tax ear begfirlhtg , 2008, and ending C Name ofi organizatiat t) Employer 1RS 1 or for ATLANTIC BEACH ATHLETIC ASOCIATION, INC. Number and street (or P.O. box ~ mail is not delivered to sUeet address) X008 number 59-2943997 Tamdnauon ° ifio P.O. BOX 331235 Spec Cify or town. state or country, and ZIP + 4 retum~ 4>Qtrtra F Group F_xemprron Mpll~aam tiorra. ATLANTIC BEACH, FL 32233-1235 Number • - • Sectio-t 50~1(cX3) ofgafrrras~onsaural4947(aX1) nonezemptcharf~ble busts mast attach G Axounting method: X Cash Accrual a compteAedSdreduleA(Form990 or 99D-E~-. Other (specify) - H Check - X if the organization is not Website: - • abbaseba~ll. aom required to attach Scltedtde B (Form 990, J nization check on one - 501 c 3 ~ nsert no. 4947 a 1 or 527 990-EZ, or 990-PF). K Check - 'rf the organization is not a section 508(a)(3) suppoRing organization and its gross receipts are normaNy not more than 825,000. A return is not required, but K the organization chooses to fNe a ream, be sure to fNe a complete return. L Add lines 5b, 5b, and 7b, to Gne 9 to determine gross receipts; if 11,000,000 or mae, fde Form 990 6tstead of Form 990-EZ - $ 117 ,165 Revenue F~c enses and Chan es in Net Assets or Fund Balances See the instructions for Part t. 1 Contrttwtions, gifts, grants, and similar amtxmts reeved ...................... 1 2 Program service revenue including govemmeM fees and contrails .................. 2 _ S Membership dues and assessments ................................. 3 75 413 4 Investment income ...................... . . ............. 4 6 a Grass amount from sate ~ assets other than ktvent $a ~Y...... b Less: test or other basis and sates expenses , , , , , , , , , , , bb .c Gain or (loss) from sale of assets other than irtvenioty (Subtract Nne 5b from tine 6a) (attach schedule! ~ . Sc C $ Specie! events and ac6MUes (complete appNceble parts of Schedule R). H arty amount b tiom grMog. chic here - ^ ~ a Gross revenue (not indu~rtg $ of cattributions ~ reported ~ line 1) . . . . . . .. . .... 6a b Less: direct expenses ottler than furnL-aising expenses 6 b ..... c Net income or (lass) from special events and activities {Subtract Line 86 from !lone 6a), , , , , , , , , , tic 7 a Grass sates of inventory, less returns acrd altowarrces , , , , , , , 7a 25, 882 b less: cast of goods sold,,,,,,,,,,,,,,,,,,,,, 7b 36,144 c Gross profit or {loss) from sales of fiverttay (Subtract ine 7b from Gne 7a) , ._ _, , , ~ 7 c -10 , 2 62 8 Other revenue (describe - TEAM SPONSORS ) 8 15, 870 S Total revenue. Add lines t 2 3 4 5c 6c 7c and 8 . ..................... 8 81, 021 10 Grants and similar amounts paid (attach sdtedu~) , , , , , , , , , 10 11 Benefits paid to or for members , , , , , , , , , , , , , , , , , , , , , , , , , , 11 750 _ 12 Salaries, other compensation, and employee benefrts ............. . ........... 12 10 , 950 c 13 Professional fees and other payments to indepertdertt contrat~s , ~ . .. - - . ~ 13 241 a 14 Occupancy, rent, utilities, and maintenance 14 793 1$ Printing, publications, postage, and shipping , , , , , , , , , , , , , , , , , , , , , , , 15 1, 770 18 Outer expenses (describe - SEE ATTACHED ) 16 67 ,195 17 Total a enses. Add lines 10 throw h 16 . .......................... 17 81, 699 18 Excess or (deficit) for the year {Std~tract the t7 from Noe 9) , , , , , , , , , , , , , , , , 18 -678 . 18 Net assets or fund balances at beginning of year (from Noe 27, coumn (A)) (must agree with Q end-of-year figu-e reported on prior year's netum) .......................... 9 9 3 , 35 6 Z 20 Other changes in net assets or fund balances (attach explanation) .................. 20 21 Net assets or fund balances at end of year. Combhte 18 fttrotrgh 20 .... . ........ - 21 2 678 Balance Sheets. R Total assets on line 25 column B are S2 500 0~ or more, fNe Form 990 krstead of Form 890-EZ. (See the instructions for Part li.) {A) Beginning of year (B} End of year 22 Cash,savaigs,andinvestments , , , , , , , , , , , , , , , , , , 3,356 22 2,678 , , , 23 Land and buildings , , 23 , , , _ _ . , , ! 24 Other assets (describe - ) 24 26 Total assets ... ........ . ................... 3 , 356 25 2 , 678 26 Total i'rab~ties (describe - ) 26 27 Net assets or fund balances (tine 27 of column (B must agree with tine 21 3 , 356 27 2 678 dsn For Privacy Act and Papeewark Reduction Act Notice, ae• the irrstruction for Form 890. Form 990-EZ (2008) OE1008 1.000 AGENDA ITEM # 8C APRIL 26, 2010 Form 990-EZ the Expenses end 4jdor9amzet~s end 4947(a){t) trusts; optional for others.) Page 2 What is the organization's primary exempt purpose? STRUCTURED RECREATION FOR CHILDREN Descn't~e what was achieved in carrying out the organization's exempt purposes. In a Gear and c~rlcise manner, describe the services provided, the number of persons benefited, or other relevant information for each program title. 28U5ING REGt7LATION BASEBALL AND SOFTBALL RULES, TEACH SKILLS, FOSTER MENTAL AND PHYSICAL DEVELOPMENT, INSTILL A RESPECT FOR THE RULES OF THE GAME, AND PROI~TE THE BASZC IDEALS OF SPORTSMANSHIP & FA?.R PLAY. Grants $ If this amount lncludes f ' n rrts check here ....... - 28a 117 , 842 28 Grants $ !f this amount includes foreign grants, check here .. ~ ZSa 30 Grartts If this amount htdudes f s, check here ....... - SOa 31 Other program services {attach sdiedu~) ................................. . ... Grants S ) !f this amount includes foreign ,check here ....... - 3 ~( a 32 Tota! program service expenses {add lines 28a through 31a) , , , , , , , , , , , , , , , , , , , , , , , List of Officers, directors, Trustees, and Key Employees. List each one even if not com . ( ~. 82 117 , 842 See the instructiats for Part N.} {a) Name and address (b} Idle apn~d average de~~ to (c} ComRens (enterer ~0~ (~ contrroiAions 1a a~ererr~a oompe~a~a«+& other~a-{ovran~ces 808 KRAUS, 13564 LOBO CT PRESIDENT JACKSONVILLE, FL 32224 5 0 0 0 ERIC PRIOR, 800 SEMINOLE ROAD V, p, ATLANTIC BEACH, EZ 32233 3 p p 0 JOHN C. 1rfILLLn.MS, 391 14TH AVENUE SOUTH TREASURER JACKSONVILLE BEACH, F'1, 32250 3 0 0 p CHRISTINE COLEMER, 800 SEMINOLE ROAD SECRETARY ATLANTIC BEACH, FL 32233 3 0 0 0 J5A Forrrt g9Q-EZ (2008) SE1009 1.000 AGENDA ITEM # 8C APRIL 26, 2010 Schedule A (Form 990 a 980-FZ) 2008 Pie 3 Support Schedule for Organfz2ttions Described in Section 509(a)(2) (Complete only if you checked the boron tine 9 of Part i.) Section A Public Suonart --- --- Caisndaryear (or fiscal year beg~ning in) - (aj 2004 (b) 2005 (c} 2005 (d} 2007 (e} 2008 (f) Total i Gifts, grants, contributions, and membership fees received. (Do not include any"unusudgranis.q, , , _ . , , , , , 64,086 65,211 74,462 84,579 75,413 363,751 2 Gross receipts from admissions, merchandise i0id a sendcea periomled, Of facildies famished in any BCfiYity that s related to the orpanization'stax~aernptpurpose , 17,878 34,074 39,033 25,05? 25,882 141,924 3 Gnssa from activities that are not an unrelated trade or tnxaiess under section 513 4 Tax revent.res levied for the organization's benefit and either pakt to or expended on its behalf ................ d The value of services or fadlities famished by a governmental unit to the organizatron without charge , , , , , , 8 TotabAddiinesl-5, _ , , , , , , , , 81,964 99,285 113,495 109,636 101,295 505,675 7a Amounts induded on lines 1, 2, and 3 received from disqualified persons , , ~ b Amounts induded on lines 2 and 3 received from other than disqualified persons that eoaceed the greater of t95 of th l t f If 1 e to a o nes 9, 10c, 1 , and 12 fa the 0 0 0 0 0 year or 65 000 ....... ... . , c Add lines 7a and 7b......... . 8 Public support (Subtract tine 7c from 81,964 99,285 113,495 109,636 101,295 505,675 lme6 . ................. .:.-•, ~..:<. ,:_..:..:,--.. - - 505,675 5ecttOn S. Total 5U rt Calendar year (or fecal year beginning in) - (a) 2004 {b} 2005 (e} 2006 {d) 2007 (e} 2008 (f} Total 9 Amounts fromFr~e6, , , , , , , , , , , 81,964 99,285 113,495 109,636 101,295 505,675 10a Gross income from interest, dividends, payments received on secutiti~ loar>s, ruts, royalties and income from similar sources ....... .. .... . b iJnreiated business taxable Income {less section 511 taxes) frown businesses acquired after June 30, 1975 , , c Add Tines 40a and 10b , , , , , , , , , 11 Net income from unrelated business activities not induded in Une 10b, whether or not the business is regularly carried on . . ........... . 12 Outer income. Do not include gain or loss from the sale of capital assets (Explain in Part N.} , , , , , , , , , , , 18,301 11,690 13,474 12,582 15,870 71,917 13 Total support (Add lines 9, 10c, 11, 100,265 110,975 126,969 122,218 117,165 577,592 and12.),,,,,,,,,,,,,,, '- ~ ~ 577,592 14 First five years. if the Form 990 is far the organizatio n's fkst, second, third, fourth, or fifth taz year a s a section 501 (c)(3) organization. check this box and stop here ......... ........ ......... ........ ... ..... ... - n Section C. Com citation of Public S rt Percefrta e 1 S Public support percentage for 2008 (fine 8, column (f) divided by line 13, cdtxnn (f)). _ , , i 5 87.5488 % i 6 Public support percentage from 2007 Schedule A, Part N-A, Nne 27g ........ .......... 16 8 6.014 9 Section D. Com utatian of irrvestmefit tncorrte Pence e i 7 Investment income percentage for 2008 (line 10c, column (f) divided byline 13, column (f}) , _ 17 0.0000 % 1 B Investment income perc~tage front 2007 Sdtedule A, Part IV-A, Nne 27h, , , , _ .. , . , 1 g 0.0000 % iSa 33 1r3?'i support tests -2008. tf the organization did not check the box on line 14, and sine 15 is more than 33 1ls9~ and tine 17 is not more than 33 1 ~3 °!q dtedC this box and stop here. The organization qualify aS a publidy supported Otganizatior- , , , , , , , - b 33 or39~ support tests - 2007. If the organization did not check a box en line 14 or tine 19a, and line 16 is more than 33 1r3 56, and tine 18 is not more than 33 t!3 96, check this box and stop here. The organization qualifies aS a publicly supported organization - 20 Prhrate foundation. if the organization did not check a box on line 14, 19a, or 19b, check this boot and see instructions ..... .. - .isA 8£1221 1.000 Schedule A (Form 990 or 990-EL) AGENDA ITEM # 8C APRIL 26, 2010 ATLANTIC BEACH ATHLETIC ASSOCIATION ,INC. ATTACHAAt:NT TO FORM 990-EZ, 2008 59-2943997 STATEMENT OF FUNCTIONAL. EXPENSES PART ![, LINE 43 ADVERTiSlNG ADMINISTRATIVE EXPENSES BANK CHARGES CEREMONIES FEES-UMPIRES FIELD SUPPLIES & MAINTENANCE INSURANCE REGISTRATION SUPPLIES REPAIRS 8~ MAINTENANCE SPORTING GOODS TROPHIES UNIFORMS TOTAL 2,392.00 895.00 121.00 921.00 2,065.00 7,394.00 5,128.00 187.00 4,483.00 7,749.00 4,787.00 31,073.00 67,195.00 AGENDA ITEM # 8C APRIL 26, 2010 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of At Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and Brecht Catalan of 12855 Greenmeadow Place, Jacksonville, Florida (904) 241-4625 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: Jack Russell Park Tennis Courts 5 & 6 and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one time use, and therefore a long term use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Length of Rental Term: This agreement shall run from April 1, 2010 through September 30, 2010. 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non-profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax exempt form or other proof or evidence satisfactory to the City Manager of Renter's non-profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager. AGENDA ITEM # 8C APRIL 26, 2010 c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents with its own financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility, together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. i. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the financial responsibility of the Renter. j. Renter shall provide a written account of all keys to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of re-keying or changing the locks. One key will be provided at no cost to Renter and any additional keys will require a $10.00 fee per key at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules, i.e., a facility may be requested for short term use by applying for such use after the 15~' day of each month for a day or time period within the next month. For example, any organization requesting the short term use of a City facility in the month of February could apply for such use after the 15a` day of January. AGENDA ITEM # 8C APRIL 26, 2010 1. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold harmless the City from any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Jack Russell Park Tennis Courts 5 & 6 o. Additional provisions agreed upon by the City and Renter: 4. Exclusive Use Dates and Times: See attached. The City retains the right to rent and use the facility at other times not specified for use by the renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. 6. Control of Building: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. AGENDA ITEM # 8C APRIL 26, 2010 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (10) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not." IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day of CITY OF ATLANTIC BEACH By: Its "CITY" AGENDA ITEM # 8C APRIL 26, 2010 Atlantic Beach Tennis Schedule 2010 Monday- Private Lessons 4-5pm Men's Clinic 6-7pm Wednesday- Private Lessons 5:30-6:30pm Working Women's C-Clinic 6:30-7:30pm B-Clinic 7:30-8:30pm Frlday- Private Lessons 4-7pm Saturday- fpm Ladies League Matches Sunday-Juniors 2-4pm Developing Strokes Clinic 4-5pm Cardio Tennis 5-6pm (http://www.cardiotennis.com ) AGENDA ITEM # 8C APRIL 26, 2010 United States Professional Tennis Association, Inc. Setting the standard for teaching professionals -That's Who We Are March 19.2010 Mr. Brecht L. Catalan 2102 First St S Jacksonville Beach. FL 32250-6263 Dear Brech~. This letter confirms that. as a Recreational Coach of the United States Professional Tennis Association. you nave purchased liability insurance as outlined below. This USPTA liability policy covers _nniicants, and certified and certain honorary members in the United States; its territories or Canada, and nonmembers who are insured throueh a certified member's policy. It also covers Recreational Coaches who elect to purchase the insurance. THE USPTA LIABILITY POLICY INCLUDES $9 million liability insurance, while on court. for bodily injury to others, and for damage to property not in the tennis teacher's care, custody or control. It does not cover injury to the tennis teacher, or damage to his/her property. The accident must have taken place on court, and arisen from the tennis teacher's playing, practicing, teaching or officiating in tennis. Policy Number: Effective Period: For questions or to report an accident, contact: PHPK510031 12/31/2009 - 12/31/2010 USPTA World Headquarters 3535 Briarpark Drive, Suite One Houston. TX 7704= Telephone 713-978-7782 If we may be of further assistance, please do not hesitate to contact us. Sincerely, UNITED STATES PROFESON/A~L TENNIS ASSOCIATION, INC. ~~'~/ C~ J M/el'o~ny De ch Insurance D parhnent This coverage"is mill and void if the ii~ember is not a Citizen of or does not legally reside and work in the Uniied,States; itsterritories orCanada. KWQ9-ZIPS-EM9U-EL9M 3535 Briarpark Drive, Suite One • Houston, TX 77042 800-877-8248 • 713-978-7782 • 713-978-7780 fax • uspta~uspta.org • uspta.com AGENDA ITEM # 8C APRIL 26, 2010 Financial Report for Tennis Lessons at Jack Russell Park 2010 ATT: Timmy Johnson FR: Brecht Catalan Winter/Spring Programs Adult Clinics 10 Ladies 12 Weeks $120.00 $1200.00 5 Ladies 12 Weeks $120.00 $ 600.00 Private Lessons 6 Students 12 Weeks $480.00 $2880.00 Summer Programs Juniors Camp 5 Juniors 2 Weeks $175.00 $ 350.00 Private Lessons 9 Students 6 Weeks $240.00 $2160.00 Fall Programs Juniors Clinic 5 Students Private Lessons 10 Students 8 Weeks $480.00 6 Weeks $240.00 $2400.00 $2400.00 Adult Clinics 8 Ladies 8 Ladies 4 Beginners Miscellaneous (Less than 5 Lessons each) 12 Weeks $120.00 12 Weeks $120.00 8 Weeks $ 80.00 $960.00 $960.00 $320.00 $1000.00 Total Earned $15230.00 AGENDA ITEM # 8C APRIL 26, 2010 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of , At Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and Linda White of 422 17`I' Avenue North, Jacksonville Beach, Florida (904) 246-2137 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: Adele Grage Cultural Center (Communi Roomy and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one time use, and therefore a long term use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Length of Rental Term: This agreement shall run from April 1, 2010 through September 30, 2010. 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non-profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax exempt form or other proof or evidence satisfactory to the City Manager of Renter's non-profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager. AGENDA ITEM # 8C APRIL 26, 2010 c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents with its own financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility, together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. i. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the financial responsibility of the Renter. Renter shall provide a written account of all keys to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of re-keying or changing the locks. One key will be provided at no cost to Renter and any additional keys will require a $10.00 fee per key at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules, i.e., a facility may be requested for short term use by applying for such use after the 15th day of each month for a day or time period within the next month. For example, any organization requesting the short term use of a City facility in the month of February could apply for such use after the 15th day of January. AGENDA ITEM # 8C APRIL 26, 2010 1. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold harmless the City from any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Adele Grage Cultural Center Community Room o. Additional provisions agreed upon by the City and Renter: 4. Exclusive Use Dates and Times: Renter has exclusive use of the facility on Sundays from 4 to 5 PM. The City retains the right to rent and use the facility at other times not specified for use by the renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. 6. Control of Building: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment: Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. AGENDA ITEM # 8C APRIL 26, 2010 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (10) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not." IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day of . CITY OF ATLANTIC BEACH Its "RENTER" "CITY" AGENDA ITEM # 8C APRIL 26, 2010 ACORD~, CERTIFICATE OF LIABILITY INSURANCE °" 3~ "' o o 0 , ~"ODU~ Sports & Fitness Insurance Corporation THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Post Office Box 1967 HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Madison, MS 39130 INSURERS AFFORDING COVERAGE NAIC # aasuRED Linda White Linda White INSURER a General Insurance Company of America , 422 17th Avenue North INSURER B: INSURER C: ' INSURER D: Jackson Ile Beach, FL 32250 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN fSSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING . ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH , POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~~ POUCYNUMBER POUCYEFFECTNE POLICYEXPMtAT10N UMRS A GENERALUABILITY LPF-9624489 3/30/2010 3!30/2011 EACH OCCURRENCE S 1'~'0~ X COMMERCUIL GENERAL LIABILITY 1 ~ ~ PREMIS Ea ce f ~ • X CLAIMS MADE a OCCUR MED EXP ane person) s 1 O,Ot)D Professional PERSONAL & AOV INJURY 000 1)00 S 1 , , GENERAL AGGREGATE DO~ DOD t 2 , , GENL AGGREGATE LIMIT APPLIES PER PR PRODUCTS - COMPlOP AGG S 2,~~,0~ O LOC POLICY AUT OMOBILE LUIBILJTY COMBINED SINGLE LIMIT >; ANY AUTO (Ee acGdent) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per persai) S HIND AUT03 BODILY INJURY S NON-OWNED AUTOS (Per ecddent) PROPERTY DAMAGE _ (Per acddent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT i ANY AUTO OTHER THAN EA ACC S AUiO ONLY: AGG S EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE S OCCUR ~ CLAIMS MADE AGGREGATE s i I~DUCTiBLE _ RETENTION S i WIMKER3 COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY ANYPROPRIETORrPARTNERIEXECUTIYE E.L. EACH ACCIDENT S OFFICERMIEMBER EXG.l1DED? H yee desaibe under E.L. DISEASE - EA EMPLOYE S . SPEGAL PROVISIONS below E.L. DISEASE -POLICY LIMB S OTHER DESCRIPTION OF OPERATIONS /LOCATIONS !VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Certificate holder is named additional insured Adele Grage Cultural Center 716 Ocean Boulevard Atlantic Beach, FL 32233 ACORD 25 SHOULD ANY OF THE ABOVE DESCRSIED POLICIE8 BE CANCELLED BEFORE THE EXPNUITION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 ~ DAYS WRrrTEN NOTICE TO THE CERTNICATE HOLDER NAMED TO THE LEFT, BtIT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILrrY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE ®ACORD GORPORATION 1988