Item 4D
~.
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM #4D
JANUARY 23, 2006
AGENDA ITEM: Authorize the City Manager to enter into a contract with the
Tennis Instructor for use of the tennis courts, Atlantic
Beach Experimental Theater (ABET) for use of Adele
Grage Cultural Center and Atlantic Beach Athletic
Association (ABAA) for use of Russell Park baseball fields
and concession stand
SUBMITTED BY: Timmy Johnson, Parks & Recreation Director
DATE: January 10, 2006
BACKGROUND: In recent years, the City entered into a contract with a
Tennis Instructor, ABET and ABAA for use of City
facilities to promote community sports programs, theatrical
entertainment and offer tennis lessons to Atlantic Beach
citizens. ABET is operated by George Maida, Tennis
Lessons are provided by Brecht Catalan and ABAA is
operated by Jim Moffitt.
Normally the contracts are approved in October, but
because we have been waiting on the contracts, exclusive
dates, proof of insurance and fee schedule, the request to
have the contracts approved is late.
RECOMMENDATION: Authorize the City Massager to enter into a contract with the
Tennis Instructor for use of the tennis courts, Atlantic
Beach Experimental Theater (ABET) for use of Adele
Grage Cultural Center and Atlantic Beach Athletic
Association (ABAA) for use of Russell Park baseball fields
and concession stand
ATTACHMENTS: Contract
REVIEWED BY CITY MANAGER:
~.
AGENDA ITEM #4D
JANUARY 23, 2006
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 corporatio~n}} 800 e mole Ro ,Atlantic Beach, Florida
~' 32233 (hereinafter "City"), and _ /s~~.~s~~~~ of
a~s,~,,,,,1~ - ,,~ _ Florida (904)~.?~/- y~-~~ (hereinafter "Renter").
~" WHEREAS, Renter desires to use the following public facility:
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. L ngth of Rental Term: This agreement shall run from ~ .ice through
a ~~o .
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 pravides 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 #4D
JANUARY 23, 2006
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. Renter's use of the facility is not exclusive outside of the
dates and time as set forth below. 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.
h. Renter shall be responsible for its' own furnishings and equipment and
shall maintain the facility in a clean and safe condition.
i. Renter shall correct any discrepancies noted by the City. Should
~. corrective action be required by the City, 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 ,r/ ~ If renter
can not account for all keys, Renter will incur the c st of re-keying or
changing of the applicable locks. One key will be pr vided at no cost to
Renter and any additional keys will require a ~.~ 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 Parks
and Recreation Director under the general rules, i.e., a facility may be
requested for short tem 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 #4D
JANUARY 23, 2006
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 for injuries
to persons in one accident, for injuries to any one
person, and 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.
i. 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.
ii. Renter agrees to indemnify and hold harmless the City
form 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:
iii. Additional provisions agreed upon by the City and
Renter:
~. Exclusive Use Dates and Times:
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.
AGENDA ITEM #4D
JANUARY 23, 2006
~.
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.
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"
~;=~~~" TE ~~
~ JAN-13-2006 12:38 AM .~. .,.
~wrv•1a-snw~+n~~~o -r!~.,y~+.~~N i.lo M~b.b41!'! ~~r~;~r~~-«~,~i~~~cs.~ AGENDA ITEM#4D
JANUARY 23, 2006
~,.
Unitt;d Stzte9 Professional TenrisAssoei~lt9an, Inc. _115~?ta.
peterrni»inS the wzy the world learns vu play tennis
~.
January 10, ~OOf3
Brecht Catalan
1104 Firyt 4t S
Jealuonville Bac1[, FL 9Z4SU
Dar Brecht;
1Uie letter will confirm that, ea a De~Alopr'nanatl Coach of the United Statee tarafe-.~:iunal Tannic
~" Aaocistion (USP'fAa, you havo liNbillty Ineurtltce is outlined below. This USP"A liability policy
coveee applicants, nrld eertiPed end certain honorary rnembere ilt the United Stntca. its torritcxies or
Ctntdb and nonrnembi"rc wha tro insured thtoug}t a certtified mernbdr'tr potioy.
,.
THE i13~ P_ TAL.1_wA~~,LrY Pnt.t~Y 1NC! S1p~ S4 tnhlion IleblJfty ineunncd, whsle nrt currrt. f'or tx[dltr
Injury to others, and for damage to property not in the tennis profilaional'a oaro, cuetody or ~ntrol, It
does rapt curer iNury to the tennis profaaional, or damage tr his'hor propeKy.'~he e~.ciciant must hwe.
~" taken place on sour,., and ar)ten from the lennit ptofiteiotfel'e playwg, practicing, teAChing nr ofXiciutirtg
in tennis.
~a~cy .tttaber.
~t"leettve pwrloi:
Pa ggeWoec or to
report ~~ ~ecldeat,
~anct;
I'HPK 149078
12J31/03• i2!}flOti
USPTA Wor1C liaadquttzars
3535 Briarpatk I)tlve, Suloe Ot+a
t9outtcrt, 7x ~~oaa
Telephone (?13) 97ti•T~fl2
If we may he otturther uatlt~tance, pie{ice do not heeltah to contact us.
8ltteerely,
UN17F,.D S7ATES t'!i ESSIO~NA(. TSNNI$ ASSOCIATION, INC.
Melony
lneuratke Oepattrtteet
imd
'I'hiia oowreve is intll a[rd void if the member ie not +- cltitan of ar dWa nat legally raeide end work in
the Unltsd Btata, Ise territeriec cr CaaaAa. _ -- --
1533 Br+arptrlc Drive, Suttc One ~ Iduusron, TX 771?4~
IIOU.UStrZ'M4U • 71],97,U5VTA • 713,!r78~77t10 fix • u-p4C{9u~pta,tXg • ww~w,utpta.org
Jack Russell Park
Tennis
AGENDA ITEM #4D
,.~~~~. ~rl JANUARY 23, 2006
r'
zoos - zooo ;,ti~.-~- ~5 L~ ~ ~ L~~ ~, .~~~~~..
.x`11- ~k ~ ~S
Monday:
5:30pm - 6:30pm Private Lesson
Tuesday;
~, 3:30pm - 4:30pm Pee Wee
4:30pm - 5:30pm Juniors
6:30pm - 7:30pm Beginning Ladies
Wednesday
9:30am -11:OOam B-Ladies Match (as needed)
6:30pm - $:OOpm Working Women
Thursday
5:30pm - 6:30pm Cardio Tennis
6:30pm - 7:30pm Private Junior
Friday
9:30am - 11:OOam B-Ladies Clinic
Saturday
1:00pm - 3:OOpm Working Women's Match (as needed)
~, Sunday
S:OOpm - 6:OOpm Cardio Tennis
6:OOpm - 7:OOpm Private Junior
~.
AGENDA ITEM #4D
JANUARY 23, 2006
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 corpo do , 800 Se inole Road, Atl tic Beach Florida
~"" 32233 her inafter "Ci "), and ` ~ ~::~,~ of
~~ ,lhe~ c,~ Florida (904) - / (hereinafter "Renter").
Renter desires to use the following public facility:
~ ~ a. 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 o i S~ through
-~~
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
,s, 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 dccp 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 #4D
JANUARY 23, 2006
b. No use of alcoholic beverages shall be permitted without the written
permission of the City Manager
~. 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. Renter's use of the facility is not exclusive outside of the
dates and time as set forth below. 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.
h. Renter shall be responsible for its' own furnishings and equipment and
*• shall maintain the facility in a clean and safe condition.
i. Renter shall correct any discrepancies noted by the City. Should
corrective action be required by the Ciry, 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
can not 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 ,u ~A 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 Parks
~" and Recreation Director under the general rules, i.e., a facility may be
requested for short tem 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,
~.
AGENDA ITEM #4D
JANUARY 23, 2006
any organization requesting the short term use of a City facility in the
month of February could apply for such use after the 1 S`~ day of January.
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 for injuries
~. to persons in one accident, for injuries to any one
person, and 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.
i. 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.
ii. Renter agrees to indemnify and hold harmless the City
form 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:
iii. Additional provisions agreed upon by the City and
Renter:
4. Exclusive Use Dates and Times: r'C~ ~-,~J~g-D C,r}c.~,a~~R~L
..
~.
~.
AGENDA ITEM #4D
JANUARY 23, 2006
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. AssiEnment: 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
"CITY"
i~ ~ i
C\~~~
` NTER"
P~,~-c~~ ~: s~N-~z c , vim.
AST ~,~~-s.
..
AGENDA ITEM #4D
JANUARY 23, 2006
ATLANTIC BEACH EXPERIMENTAL THEATRE, INC.
BALANCE SHEET
As of September 30, 2004
ASSETS
Current Assets
Cash in Bank $ 6,186.80
Petty Cash 200.00
Cash in Ticket Box 100.00
Total Current Assets 6,486.80
Fixed Assets
Camera and Case 430.54
Audience Chairs 4,203.14
Computer Equiupment 2,215.96
Fax Machine 212.98
Sound & Light Equipment 10,503.51
Sound Booth 1,321.02
Stage Equipment 1,909.64
Total Fixed Assets 20,796.79
TOTAL ASSETS 27,283.59
LIABILITIES AND EQUITY
Current Liabilities
Payroll Taxes 560.46
~,,, Long Term Liabilities
Adele Grage Remodeling Pledge 4,000.00
Total Liabilities 4,560.46
~.
Prior Fund Balance 28,349,98
Current Year Income/(Loss) (5,626.85)
~"' Total Equity 22,723.13
~,,, TOTAL LIABILITIES AND EQUITY 27,283.59
~.
~.
ATLANTIC BEACH EXPERIMENTAL THEATRE, INC
INCOME STATEMENT
~" For the Twelve Month s Ending September 30, 2004
~+. INCOME
Ticket Sales $ 16,945.80
Refreshments 849.10
,~, Backers 5,672.00
Program Ads 382.00
Gift Certificates 80.00
Children's Workshop 2,580.00
Adult Workshop 1,100.00
CSGP Grant 5,750.00
Community Foundation Grant 5,400.00
TOTAL INCOME $ 38,758.90
~,,, EXPENSES
Production Costs 18,702.18
Office Supplies 158.42
Postage 502.50
Refreshment Costs 564.77
Payroll Taxes 1,611.75
Salaries 12,294.98
"~" Storage 3,016.00
Supplies 195.21
Advertising 1,880.57
Lighting Supplies 1,870.50
Rent 200.00
Telephone 1,375.62
Insurance 1,681.00
Licenses and Fees 236.25
Bank Charges 96.00
~" TOTAL EXPENSES $ 44,385.75
NET INCOME/(LOSS) $ 5,626.85
~.
AGENDA ITEM #4D
JANUARY 23, 2006
AGENDA ITEM #4D
K~ eri}' Brown ht Ponta, Castle, ingrain Agency FaxID~ 70: Gaorgs PAaide JANUARY 23, 2006
From: I dm~ • r ~ DATE (MM(Op/'rr ~ + 1
` .. C!~' IDS ~3@
aco~~ cE~TtFICATE of f_IABtLITY INSUt~Al1l~~ ~_~ Q$ ~1 0~
PROpuceR THIS CERTIFICATE 1318SUED AS A MATTER OF INFORMATION
~ ONLY AND CONFERS NO RIGHTS UPON TFIE CERTIFICATE
Ponta Castle Ingram .Agency Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
401 S . Old 1SOoodward, Suite 370 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Birmingham MI 48009
Phoae:248-2!48-1110 ~ax:248-258-1964 IN5URER3AFFORDINOCOVERAGE NAIC;" ~
~I. InauRED "'-
INEURE~A Chubb Ozo of Stuuxance co.
wsuRER e:
Atlas i ee ch x eri atal Th INSURERC~ ~_._• ~ ~-`
1015 ~-t~ant~c B~v~ 1175 INSURE; D
~. Atlas is >seach 1'L 312 3
IN~uRE, e
COVERAGES
~.
THE P~JLICIES OF RSI~tgNCE L STED EELi i'JC HAVE BEEN BSLIFD TOTHE IvSURED VAMEDABGVS FOA THE POLICI' PERIOD INDICATED rdOTdJITHS-.~NDIrdG
AMi R_OU!REIV~NT, TERM OR ;;;;VU TIOf4 OF ~1VY CCNTRAC` OR CTMER COCUMIEPIT VYITH R95PECT i0 J('HICH iHIS CERTIFICATE tAAY B' I$$! IED PR
iAAr F~RTAlN, rHE wSU?~.NCE A=FORDED BY rHE PouclES DESCR:~BE ' ~EkEIN i$ Su2J°_Ci TO ALL rHE TERMS. EhCLUS ONS ArvG CONCIT QN$ OP SUCH
P(~.ICIE°. gG.iiE~=a-E LIMITS uHC~N,N N.4Y kAa~ BEEr. REDUCED 0" ?AID CLAIMS
LTR NBR TYFE OF INSURANCE POLICY NUMBER pA kN00M7 DATE (MMIDOlY`p LIMRB
GENiRAL LIABILITY EACH G>L,CUPRENr,E $ 1 , 000 , 00 0 .
A X I X CO.uUNEP.CIALGEFIERaLUCEII.IT" $5752133 01~20~05 01/2006 FREMISE~ ~e 31,000,000.
L'LAIMu NA_lE { g ; prCUR
~-- ~ M30 EXP (qny nno Fa~son) $ ~,Q ~ OOb .
PERSON14L8AD'JlhI.URY 31
000
1700
,
,
.
j 3EP~ERAL AGi~REGAIE $ 2~ Q b b~ b Q b
I GE"J'L AGGREGATE LIMIT AFFLIE~ PER: ~ PRODUCTu- GOi~aP,'CP A<r. $ 2 , ODb , OOb .
PD.ICY JkCi LC;C I
AUT OMOBILE LIABILITY
OJM3 NEO SrJGLE LIMIT $
ANY a,ITO ~Ee ec.:dent)
A_L 0~/unEG AUTO+$
' BODILY IIJJURY 3
S~HED
JLED AUTUS tPer~erOn1
HIREC AUTGS
BOGfLYINJUPV $
NOJ.OWNED 4JTO$ IPM occident)
n
A
FRGPERTr
h
U
hGE $
iPor actlden!)
pARAOi LIABILITY
AU'0 Ot`iU' • Ey A; CIDEnT
$
A\ Y AUTO ~ OTHEP. THAN EA AGC $
AU'0 ONLY: AGG $
E%CEEElUMBRELLA LIABILTY EACH GCCUPRErdCE 3
GCCUR ~ CLAIr4S MADE
AGGREGATE _
$
3
DE~.ICTIB_E
$
RETENTION '; 3
WORKiRC COMPiN9ATi0N AND
EMPLOYWtrf' LIABILITY ~_ o
TORY LIMITS ~Ek
4NY PROPRfETORlPAR'ft~k'EXECUTIVE ~ E L. EACH~vCC GENT $
OFFICES?/MEMBEPExGLUDED^•
1'vee deeoAke~nder I E.LD!$EASE-EgEf~LOY~E~
' 3 -
SFECIALPQOVI$I+;NJ"ke0'n EL DIS0A3E-PVLICYLR~IT $
OTNER
D ON P RATIONC I OCATION I C~BC ! i C NC ADDiO 0 CGMi / fPECIAL PROVISIONC
The belox aatned Certificate Holder is as Additional Insured with respects to
the negligence of the 8"irst Named Insurad while at 71S Ocean Blvd, Atlantic
Heaah, I"L 32233 during the above policy term.
CERTIFICATE MOLDCR CANCELLATION
ATL7INTI SHOULD ANY OP THi ABOVE DECCRIBED POLICIES 6E CANCELLED BEFORE THE E%PIRATIDN
DATE TH6AGOF. THH ICCUING INCUR6R WILL ENDSAYOR TO h1All 80 DAYS WRITTEN
City of Atlantic leach NOTiCi TG THi CGRTIFICAT6 HOLDER NAMED TO TH6 LEFT, BUT FAILURE TO DO CO SHALL
Atlantic Beach City ?Tall
coo Seaniaol. A+d I>(pdyre NO OBLIGATION OR LIABILIT/ OF ANY KIND UPON THE INSURER, .TS AGENTS OR
Atlantic Soaeh !'L 32283 RErReaiNTAnvea.
A A V
a~ AGDRD Z~ (ZUUT/Uff) (4J AC4V KU L:VKh'VRAI WN lylftS
~.
CITY OF ATLANTIC BEACH
~'" ~~ RENTAL CONTRACT FOR PUBLIC FACILITIES
LONG TERM
AGENDA ITEM #4D
JANUARY 23, 2006
~" 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 Atl 'c Beach Florida
'"' 32233 (hereinafter"City"), and ,~~f~~ ~e~c~-~~.~/~.~~, ,s, (~~i~;~ of
~t~f 5~~ ~~.~z.~~ Florida (904) ,2y~~~~ (hereinafter "Renter").
Renter desires to use the following public facili
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,
w. 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 o / OS' through
'~~~
~.
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 s;.rvice 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
~.. Sep~26. 2005 4~15PM TrIIIIIY CdPital PJo~060 AGENDA ITEM#4D
JANUARY 23, 2006
e. 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 tihall insure u~mpliance 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 dc~pamncnts 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 nahtre
without the express written consent of the City Manager.
~"" g.. Renter's use of the facrility is not exclusive outside of the dates and time as
set forth below. R.enter's use of the facility is not exclusive outside of the
dates and time as set forth below. Renter shall leave the facility available
for use by other parties if other activities arc scheduled or upon the request
of City staff. This may include removal and storage of Renter's property.
~. h, Renter shall be responsible for its' own furnishings and equiprner~t and
shall maintain the facility in a clean and safe condition.
~. i. Renter shall correct any discrepancies noted by the City. Should
concctive action be required by the City, such acti.oz~ shall be the financial
responsibiliry of the Renter.
j.. Renter shall provide a written accouz~.t of all keys to the facility in
possession of Renter at the en.d of the contract ~ ~, ~~. If renter
,~„ can not account for all >~eys, Renter will incur the cast of re-keyins or
changing of the applicable locks. (}ne key will he provided at no cost to
Ranter and any additional keys will require a sJ lAC' _ per key at
~ Renter's expense..
k. Any exclusive use shall be as set forth below„ The use of the faci.l.iry in
addition to the exclusive use periods shall be requested through the Parks
and Recreation Director under the general rules, i.e., a facility may he
requested for short tem 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 )~ebruary could apply for such use after the I Sd' day of January.
a~w
~,.
Sep.26~ 2005 4~15PM Tri~it~ Capital
~~ nnnr n e
II AGENDA ITEM #4D
JANUARY 23, 2006
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 for injuries
to persons in one accident, fbr injuries to any one
person, and _,._ for damages to property, the insurance shall
be written by a company or companies acceptable to the City and
authorized to engage ia7 the business of general liability insurance i.n the
State of 1+lorida. 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..
i.. Renter may apply to the City Connmission of Atlantic
Beach fur a waiver of this insurance requirement. The City
Conunission 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 ot'the insurance, and any other
factors submitted by Renter which unique and. particular to
the Renter.
ii. Renter agrees to indemnify and hold harmless the City
form 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 facilit :
~n,neQSs~w~ 5.4-s„~... f~kt,~ ~.~e`9(/J v~c,1e~.. a.~.tN~Q
iii.. Additional provisions agreed upon by the City and
Renter:
4. Exclusive Use Dates and Tinier: M-~ K',30,~,n ~~ilQaDn1,,,
a~~ :..'C ,., a ,r~.+ _ ~ ~ ,.` TZ.M-P _. ~ a,•GQ,_0 ~%~..aaC_~L~.C ~,~ ~`?
5. neliver_y of Facility: The City shall deliver the facility to Renter in good
working condition, with any necessary facilities azzd utilities, and in clean
condition.
,,
~.
~- Sep~26~ 2005 4.15PM Trinity Capital No.060
AGENDA ITEM #4D
JANUARY 23, 2006
a.
~. Central of Building: in renting said facility to Renter, the City does .not
relinquish the right to umtrol the manasement and operation of the facility, ;
and the City Manager or his dcsigncc may enter the facility and all of the
demised premises at any timc and on any occasion..
7.. Assignment: Rcntcr shall not assign this agreement nor suffer any use of the
facility other than herein specified, ^or sublet the facility ar 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
sy:_
Its
"RE TER" j~,.~~~
"CITY"
~,.
AGENDA ITEM #4D
JANUARY 23, 2006
Atlantic Beach Athletic Assoc
Balance Sheet
As of December 31, 2044
Dec X1,'04
AssErs
Current Assets
C
S
heeldrpl
avirrps
SOUTFA'RUST CHECIONG
10,545.57
Total ChackkglSavings 10,946.57
Other Curtwrt Assets
Corroassfon Starring Cash
375.00
Scholarship Funds 1,000.00
Total Other Current Assets 1,375.00
Total Current Assets 12,320.57
Other Assets
C.Q (!0 der: e:plrns t3f!!00)
-43.41
Tatat Other Assets -43.41
TOTAL. ASSETS 12,277.16
LueluTlES a EouiTir
u
anrk
.
e
Current uablutles
Aoeourrts PayabN
Acoarrrts Payable 25200
Trial Accounts Parable 252.00
Total Cumrt LfablNtiss 252.00
Tatai Llabi^tles 252.00
~upl-
Operrhrg that Equity 14,548.35
~Itrsd Earnings -0,151.06
Nat Incaps 5,227.86
ToW Equity 12,025.16
TOTAL LIAB~ITES i EGURY 42,277.1ti
Pape 1
~,.
AGENDA ITEM #4D
JANUARY 23, 2006
~' Atlantic Beach Athletic Assoc
Summary Balance Sheet
As of December 31, 2004
Dec ~1, '04
,~ ASSETS
Currant Assets
CNeddep/tiavirrgs 10,946.57
Otl~er Currant Assets 1375.00
Total Currant Assets 12,320.57
~'"' Ofhar Assets -43.41
TOTAL A88ETS 17.Z77.1ti
LIAt'XliIES i Ef~tIITY
as LJabiOtles
Cunwit LiabNidss
Accounts P'syable 252.00
Total Currant Liat~litlss 252.00
~'"' Tatsl Llabilttles 252.00
Equihl 12,025.18
TOTAL LlA81L(17E3 i EtilnTY 12.277.tA
~.
~e
~e+
aw
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w
w
~e
Pape 1
e+.
~,.
AGENDA ITEM #4D
JANUARY 23, 2006
ANantic Beach Athletic Assoc
Profit ~ Loss
January through December 2404
Jan -Dee '04
~„ Wapes
dross
Cor~ession Labor
Andrew AAarason
esn Furtkk
BrkurARool
Cakrb Sarvis
~l- ~~
Luke Ftitdtstt
Sean Syrures
Sean West
ww
trial Concession Labor
Fkrid Labor
Danny Lynch
~ Jarrres StirMctraon
F'alti Fkknsworfh
Ssen Synrss
Total Fkrld Labor
aA
Total Gross
AAedkars
Concession tabor
Andrew Marasorr
Ban Furtidt
Brian ~Ycal
C
l
b s
l
a
e
arv
s
Danny Lynch
~* Luka Ftltclrett
Sean Synnas
Seen Wast
ToW Concession Labor
'4R Field Labor
Danny Lynch
Jam
s strutelr.o
e
n
F+dtl iislnrswortlr
~. Sean Synnss
Total Fkrld Labor
Total Madk:an
`~. Soeiel ieera'1ty
Corrosssion Labor
Andrew Masson
Ban Furtick
~,,, Brian Ncol
Catsb 8arvis
Darcy Lynch
Lars Ftitehslt
seen 8ymss
SMII Wert
ToW Carcwion Lsbor
Fktld Labor
~
~
L
~
!~ J
irrr
is
Str
vtr.Mon
F'dB ifskrnorth
Seen Synrrss
ToW Fkrld Labor
see
Total Social Security
301.00
324.00
1,181.31
105.00
1,963.18
228.00
2,055.08
1,930.57
7,788.12
427.53
1.350.00
200.00
478.27
2,453.80
10,241.92
x.38
x.71
-17.13
_1.52
-24.12
x.32
-29.81
-28.DT
-113.04
-6.z,
-19.55
-2.9D
-6.92
X6.58
-148.82
-18.86
-20.07
-73.22
-8.51
-1iXi.13
-ta.1a
-127.41
-119.72
-482.88
-26.52
-83.70
-12.40
-29.54
-152.16
-636.02
Faye Z
~..
AGENDA ITEM #4D
JANUARY 23, 2006
Atlantic Beach Athletic Assoc
Profit ~ Loss
Janaary through December 2004
Jan - Oiec '04
YWthiatding
Fuld Labor
James Strutd~aon 0.00
PaMi FlNmsworfh 0.00
ToW Field Labor 0.00
ToW NINtMotding 0.00
Toted Wapes 9,458.28
Total ~~~ 130,880.77
Nat Ordinary Incane 5,227.88
Net Nrcome 6,ZZTA6
Paps s
~.
AGENDA ITEM #4D
JANUARY 23, 2006
CERTIFICATE OF INSURANCE ~ DATE (mr~uoorrh
4
2/o
/os
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
K & K Insurance Group, Inc. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
1712 Magnavox Way CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
P.O. BOX 2338 COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Wa
ne
In 46801 '
y
, COMPANIES AFFORDING COVERAGE
INSURED COMPANY
A GREAT AMERICAN ASSURANCE COMPANY
BABE RUTH LEAGUE
INC. LETTER
,
PO BOX 5000 COMPANY B NATIONWIDE LIFE INSURANCE COMPANY
1770 BRUNSWICK AVENUE LETTER
TRENTON, NJ 08638
COMPANY
~'
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 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 I NSURANCE 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.
CO Y EFFECTIVE POLICY 19CP0iAT10N
_
LTR TYPE OF INSURANCE POLICY NUIII®ER TE (NaNDDIY1~ DATE QNpND[YYY) LIMITS (in thousands)
General Liability General ApgreQate i NONE
A ~CommerciaiGeneralliabllily 12:OlAM 12:OlAM Producia~arnprOpsAgpregale S 1000
^ClaimsMade[~Oxur. MAC0566170701 2/01/05 2/01/06 Personal@AdreAisinpinjury S 1000
^ owners & carttractors Prot. Earn occumence i 10 0 0
Fire Ihmaps (Any one tiro) S 3 0 0
Medics( E~enee (Any one Person) S 5
PeAbipent Lepal Uab11Hy i 10 0 0
Automobile Liability 12 : O lAM 12 : O lAM C°mt""sa
A ^'~a~ MAC0566170701 2/01/05 2/01/06 ~imi~t 51000
An owned autos Boduy
8 scheduled auras 1i""'y s
Hired autos ~h
Nan~wrrted autos injury i
Garage ~~
^ ~~ 3
a Excess Liability Each
occurrence At39re9~
^ Other than UmtxeUa form
s i
Workers' Compsnsatkxl Statutory
and 3 Eaon Accident
Employers' Liability S Dissasa~Poliq Limit
S Disease-Each Em
S 10
ADd~D
B Patticipard 12 : OlAM 12 : O lAM _
Prima Medical S 2 5 0
Atxident SPP0001031000 2/01/05 2/01/06 E>acessMedlcal S NONE
W Indemn S XNONE
DESCRIPTION OF OPER/1TION.SILOCATIONSNEHICLESIRESTRICTIONS/SPECUIL ITEMS
ADDITIONAL INSURIsD: ANY PERSON, ORGANIZATION, OR ENTITY ENGAGED IN
SPONSORING OR PROVIDING THE PREMISS FOR BABE RUTH BAS£tiBALL/SOFTBALL
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
ATLANTIC BEACH ATHL ASSOC BABE RUTH LG ISSUING COMPANY WILL ENDEAVOR TO MAIL ~~ DAYS
Todd, Christopher M. WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
1835 SpiCeberry Circle West THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE
Jacksonville, FL 32246 NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORQl7J REPR THE ~ ~~1~~~
SL38
sae
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