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Exh 3B Part 1AGENDA ITEM #3B OCTOBER 8, 2001 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Authorize the City Manager to enter into a contract with Atlantic Beach Experimental Theater, Atlantic Beach Athletic Association, Sandra Phillips, Tereus Instructor, Beaches Sea Turtle Patrol and Beaches Habitat for Humanity for use of vazious City facilities SUBMITTED BY: Timmy Johnson, Recreation Director DATE: October 1, 2001 BACKGROUND: In recent years, the City Commission has given the City Manager authorization to enter into a one year contract with the following organization for the use of vazious City facilities: • Atlantic Beach Experimental Theater • Sandra Phillips, Tennis Instructor • Beaches Sea Turtle Patrol • Beaches Habitat for Humanity • Atlantic Beach Athletic Association Beaches Habitat for Humanity entered into an Agreement to use facilities at Jordan Pazk Community Center per City Commission approval on January 8. The agreement gives Habitat use of the facility at a cost of $1.00 per year for twenty yeazs. * Mort Hanson, Beaches Sea Turtle Patrol request waiver of item 2, fee and item 31, insurance. RECOMMENDATION: Authorize the City Manager to enter into a contract with Atlantic Beach Experimental Theater, Atlantic Beach Athletic Association, Sandra Phillips, Tennis Instructor, Beaches Sea Turtle Patrol and Beaches Habitat for Humanity for use of vazious City facilities ATTACHMENTS: Contracts REVIEWED BY CITY MANAGER ~~, ~ - AGENDA ITEM #3B OCTOBER 8, 2001 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this 17th day of September 2001, at Atlantic Beach, Duvet County, Florida, by and between CITY OP ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and Habitat for Humanity ofthe IacksonviJle Beaches , of 7I6 Ocean Blvd Atlantic Beach Florida (904) 24I-1222 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: Jordan Park Community Center 1671 Francis Avenue. 4 offices and joint use of common WHEREAS, Renter has contracted with the City of Atlantic Beach to lease this facility at the cost of $1.00 per year for twenty years. 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 10/1/01 through 9/30/21. 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $1.00 per yeaz for the next twenty years; 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 foQowing express covenants and conditions, all .and everyone of which Renter hereby covenants and agrees, with the City, to keep 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. (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 supportins documents with its own financial statements. AGENDA ITEM #3B OCTOBER 8, 2001 (d) Renter shall insure compliance with all city, state and federal laws, as well as any rules and revelations of the City for the government and management of the public facility, together with al] rules and requirements ofthepolice and fire departments ofthe Ciry. (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 faciity 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 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 (_9/30/21__). 1f Renter can not account for all keys, Renter will inquire 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 $50.00 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 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 m the month of February could apply for such use after the 15th day of January. (I) 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 Sate 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. AGENDA ITEM #3B OCTOBER 8, 2001 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 ]ease 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. (a) Renter agrees to indemnify and hold harmless the City from any and all liability, defense costs, including other fees, loss or damae 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 fo]lowing public facility: Jordan Park Community Center (b) Additional provisions agreed upon by the City and Renter: 4. Exclusive Use Dates and Times: 5. Delivery of Faciliri: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in a clean condition. 6. Control of Buitdina: 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 cf the facility other than herein specifed, nor sublet the facility or any part thereof, without the written consent of the City. IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day CITY OF ATLANTIC BEACH Its ~-~2Csc~~ `~-'l~,"~~-! "CITY" "RENTER" Date: ~-t (i -~ ~ co ~ AGENllA ITEM #3B OCTOBER 8, 2001 ~ GM.P~'F J~U'~EMr`3'tTI' made and ent..r~i into this $ day of ~c- 2000, by and between the C`~"d'h' Or aTT.A.~O`TZC ~r.1,-CH, FE:C1F~71x, a Plarda :nttrt7`s~pat cnrporatiarz (her`ina`tcx "cy"), and I~iBIZ'AT F017 HIIMAn'Y1Y OF TSE TAGT~SONvILZ.~ BE.-1.Ct~5, ~C., a Florida cocpoizden (he:ena.~ter "Habit~[`)_ T~~tE.4S, the City and Habiat d~,2*r: to work toge;tf;er to construct the Jordan Park Community Cc?rt~ vi 7ocdan Pzrk, whicr, is Jarred i. Atlantic Baach, Flcri~, ar_d VS'~~ Er~.S, ,sXabiLt s;ti d~=~gn aad censYsuct the dadan Pa~it Com:*!~-ury Center and t~'~.c City sitili purha. all mzterials n~r_*y fat ^.L"id eonstrucr~ert at a cou not to exceed $90,000.C©, 2nd l\'1- -,5, tl:=_ eonc,-;pt.zl p?_~ Ior the canst-action o.` cl:e io*~r. _-~ark Community Center was azlprovc-d by the City Ccmmissicm of Alone: Bc~.:}t at i~ rcruiar ru~ting hc;d en nugust 14, 2u.t?, and 6n-:1 piz^s F~ave b~ subs~r~ `o the Cu}~ and aopro~~w~, and. tiL. p~Yrie: aze taw r:~.y tc pro~,z-d ~;~ith the air~cvc:ion of said cem.•nunihj c.°'U~r. NO«' 1Z',`rt.T2rs'f).'~.~., ir, consider don of t;'se muRia! erne^,ants and premi°.es as set forth herein, znd other valuable c.~sider~on, trc r.cripz and suffrc-icney of which is hereby a:.'~:owlcdged, die patties agrce zv fodow5: I. Habitat s.`tall erev: and bt;lld for trW City on the City's land deszibed zs Jordan Park a wrtununi`'y deer, to be :aivw-c as Iord=n PGzk Community Center, in a good and cvarkrnanlii~ manner, and in zll r~-ts to the s:tisfacaon of the City, and shall supply all nxessa.ry Jabot and tools, but not materials, for that purpose, said catnrtnuticy cenicr m be erected and built in all respects in accordance with the plans and specificaecns agpsn~-ed by theLSty. Z. E3abitat shall compxte the whole of tee work herein provided for and remove aL surplus ma[erial, Plant, and nebbish off the premi<cs, nos late than the ~~'t' day of Cl G~1-a1~~ 2.tX)1, unless p;evr..tFl, by ac~dznL, wezfher, stri}.es, nr alt=rations c: additions crderr3 by the Cary ir, a:~ting, or oL~er rrr.<onabL-. cause. 3. The City shall, zt is owr, cost and in a [ctrl amount not to a~ ~9tJ,~0.~, protiide the materials css:ndal for the work, ereoG.on and comple4en of Q!e lor'c,2ri kark Communiry Crnt:~s in such merrier as to rot d;lay the enmp?etion thereof, and ~;it obtain the neces2n• permits and <,,:scrion from tine k'rer'~ autho;iucs in rebard to szid wor:c Z-Libitat shall be esroasi6Ic for aIi m::t~ia:s dcli~cred by the ~ry oa the premises. d. Aabi~t shall subrrut ;~iodically tp t5c C.iry the lista.F necessary matc-izLs for Lhc ccns-sc4an of t1,w 3ordzn Fur Camazu:ity Crnsr.:o that the C:,y may acquire szid mzcesiu!s uid:r i!; no-,nz purchasing grx:ss. 5. Ar-y aiuseuons and_d~~ncns to the ~o:t ci17i ,rty~ by cho plans .s_,~ sp•.xin:s:.ans ati-*ro=ca br irw City ;ha;l C•c ;.. ~-i~~ :rd ;ice°'' h ~ ,;.: -: ~, AGENDA ITEM #3B OCTOBER 8, 2001 E. I-L:bitat sF~ll be saltily zespcuuib!e fot t!s°. szfcty of the consazicdtin premixs and s,~.all 1ldcrnnify and hold the C;ry ha.-:riless from zny and ail claims arising aut of Ghc construction of the 7nrd2.n Panic Commutiry Center. Habitat shall be solrly responsible for any and zll zz:gtured insuZnce cove:at~s, irc!uding, but not Lmi+rd to, wags comxa5ahon, if .appliezble, and shaJ1 a~demrify a_rtd hold the Q,`y ~arttLe;S from any edi~ns in connection thez/w~ith. 7. In consiCaadon of H2biCt's conse~~cticR of the Torch,. Park Com:nuniry Cr~;ot, upon compiu^ia:t of said camrourlry confer, c~• Cin <(-all 1._.:se a oortior, o; ;hc c~i:r ra F3;~it-gt fo: offirz. ~acc at th:: raie o:` ~1.~ pe yev^ for a ~:ri~ of tw`aty (20) years. ITr Sx'IT1VrSS ;'~^r~rc-.'`r2LrJF, tnc Ga,~cs he.*>~r, h;.~r sit their t:.i:ds and ~s z~ of ~`L: date h;st 2bcve w'titt.'11. C:CP.' OF ATL.z.'1TiC AEACf' B/ Tarn:.^, r`t"` ~r,rison; uy ~tz.:ag°r `,: "CITY" APpROV£D AS ~R~ ~~ t-1.31: AT FC_`?. i-il,'bi;i?~Ti C'Yt;F i~ I.~Ci~SrJidVI1.7 F' 3,`-_.4C1-L~.S, ~C. ~ ~ N/ (/ ~FAYW COb X'1. ~AL~ "HABITAT` F0.2M.42VD CO?tTZECTi~tL.SS: AGENDA ITEM #3B OCTOBER 8, 2001 September 28th, 2001 City of Atlantic Beach Since 1991, Beaches Habitat has built 75 new homes serving over 220 family members. Upon completion of our construction program in the Donner area of Atlantic Beach, we will have over 50 homes in this area alone. The Jordan Park Community Center will be used full time by Beaches Habitat. We will occupy the four offices on the right side of the facility (facing the building) and the reception area inside the door on the right hand side of the building. An educational computer lab will be inside the reception area which can be used for either Habitat or city programs. In addition the small conference center on the right hand side of the building should be used by either the city or Beaches Habitat. Ralph arcello Executive Director AGENDA ITEM #3B OCTOBER 8, 2001 Habitat for Humanity Of the Jacksonville Beaches, Inc. Financial. Statements Fiscal Year Ending 06/30/00 AGENDA ITEM #3B OCTOBER 8, 2001 EDWIN E. BORDERS, 7R. CERTIFIED PUBLIC ACCOUNTANT 1494 BLUE HERON LANE EAST JACKSONVILLE BEACH, FLORIDA 32250 November 20, 2000 Board of Directors Habitat for Humaruty of the Jacksonville Beaches, Inc. Atlantic Beach, Florida 32233 I have reviewed the accompanying statement of assets, liabilities, and fund balance of Habitat for Humanity of the Jacksonville Beaches; Inc. as of June 30, 2000, and the related statement of revenue, expenses, and changes in fund balance and statement of cash flows for the yeaz then ended, in accordance with standazds established by the American Institute of Certified Public Accountants. All information in these fmancial statements is the representation of the officers of Habitat for Humanity of the Jacksonville Beaches, Inc. A review consists principally of inquires of association officers and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regazding the fmancial statements taken as a whole. Accordingly, I do not express such an opinion. Based on my review, I am not awaze of any material modifications that should be made to the accompanying fmancial statements in order for them to be in conformity with generally accepted accounting principles. i ~~ ~ Edwin E. Borders, Jr. ~ Certified Public Accountant AGENDA ITEM #3B OCTOBER 8, 2001 Habitat for Humanity of the Jacksonville Beaches Inc. -~ Statement of Assets, Liabilities ,and Fund Balance As of 06/30/2000 Assets Current Assets Cash on Hand-Operating Cash on Hand-Escrow Accounts Receivable Mortgages Receivable-Current Prepaid Expenses/Deposits Construction in Progress Total Current Assets Inventory of Property Plant & Equipment (Net of Depreciation of $11,633.46) Mortgages Receivable-Lonq Term Total Assets Liabilities and Fund Balance Current Liabilities Escrow for Homeowners (Maintenance & Repair) Payroll Tax Withholdings Accrued Expenses Down Payments Received. Short Term Debt (SHOP Funds) Total Current Liabilities Lonq Term liabilities Impact Fees Owed Note Payable Total Long Term Liabilities Fund Balance Total Liabilities and Fund Balance $ 231,886.51 $ 22,744.05 $ - $ 98,000.64 $ - $ 275,350.01 $ .627,981.21 $ 126,974.72 $ 18,987.23 $ 1,706,124.20 $ 2,480,067.36 $ 21,606.27 $ 998.68 $ 99,905.90 $ 2,500.00 $ 6,196.19 $ 131,207.04 $ 3,441.74' $ 5,000.00' $ 8,441.74 $ 2,340,418.58 $ 2,480,067.36 See accompanying notes to financial statements AGEt~'DA ITEM #3B OCTOBER 8; 2001 Habitat for Humanity of the Jacksonville Beaches Inc. Statement of Revenue, Expenses, & Change in Fund Balance Fiscal Year Ending 6/30/2000 Revenue Cash Donations $ 705,932.20 Home Sale Revenue $ 626,856.13 In-Kind Donations $ 15,970.00` Special Events $ 29,943.97: Sale of Products & Services $ 792.00 Other Revenue $ 13,053.49 Total Revenue $ 1,392,547.79. Expenses Construction Expenses (Induces 2 employee salaries) $ 596,579.22. General Expenses Bank Fees $ 400.60 Depreciation $ 3,419.00 Office Equip. & Furniture $ 6,149.46 Office Supplies $ 4,618.69 Postage & Delivery $ 3,410.00 Professional Fees $ 919.25 Publications $ 734.16 Services & Other Misc. $ 8,983.00 Telephone $ 2,780.24 Total General Expen ses $ 31,414.40 Fund Raising Expenses $ 4,613.84' Educational Program Expense $ 1,262.64. Administrative Salary & Related Expense $ 40,807.63: Tithe to Habitat International $ 5,575.00. Total Expenses $ 680,252.73 Excess of Revenue over Expenses $ 712,295.06' Fund Ba4ance-Beginning of Year (Adi.-122.891 $ 1,628,123.52 Fund Balance-End of Year $ 2,340,418.58 See accompanying notes to financial statements. AGENDA ITEM #3B OCTOBER 8, 2001 Habitat for Humanity of the .Jacksonville. Beaches Inc. Statement of Cash Flows Fiscal Year Ending 6/30/2000 Sources of Funds Excess of Revenue OverExpenses $ 712,295.06 Depreciation $ 3,419.00 $ 715,714.06 Uses of funds Increase in Accounts & Mortgages Receivable-Current $ (30,048.67) Increase in PP&E $ (21,136.00) Increase ih Inventory of Property $ (110,415.97) Increase in Mortgages Receivable-Long Term $ (513,356.26) Increase in Current liabilities $ 73,006.22 Decrease in Impact Fees/Notes Payable $ (5,499.52) $ (607,450.20) Net Cash Provided by Operating Activities $ 108,263.86 Beginning Cash Balance $ 146,366.70 Ending Cash Balance $ 254,630.56 AGENDA ITEM #3B OCTOBER 8, 2001 Habitat for Humanity of the Jacksonville Beaches, Inc. Notes to Financial Statements Note is Summary of Significant Accounting Policies Habitat for Humanity of the Jacksonville Beaches, Inc. is a not for profit corporation organized under the laws of the state of Florida. Its purpose is outlined in the articles of incorporation filed on November 28, 1990 To ensure observance of limitations and restrictions placed on the use of resources available to the organization, the accounts of the. organization are maintained in accordance with the principles of fund accounting. This is the procedure in which resources for various purposes are classified for accounting and reporting purposes into funds established according to their nature and purpose. Note 2: Depreciation Plant and equipment assets are recorded at their cost and depreciated using the straight- line method over their estimated useful life.. Note 3: Note Payable In January of 1994, the organizatioh received a non interest-bearing loan from the Housing Authority of Duval County for $25,000. The loan is repayable at the end of 7 years. In 2000, $5,000 of the loan was repaid to the Housing Authority. Note 4: Income Taxes The organization is exempt from federal income tax under Section 5013 of the internal Revenue Code. Note 5: Special Adjustment In accordance with Habitat for Humanity International's accounting policies, Beaches Habitat includes all constructionwork underway but not yet complete in an asset account "Construction In Progress': Both the revenue and expense for the construction of a new home is recognized when the home is sold to the homeowner at closing. A reconciliation of the "Construction in Progress" account indicated that the balance in the asset account did not reflect the correct dollar value of current work in progress. To correct this error, a one-time adjustment of $20,227.33 was made to credit construction expense with a corresponding debit to "Construction in Progress". 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AGENDA ITEM #3B OCTOBER 8, 2001 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into tkris 5th day of September 2001 at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIGBEACFI, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and Sea Turtle Patrol of 716 Ocean Blvd. At] . Bch ,Florida , (904) 241-7631 (hereinafter "Renter"). WffEREAS, Renter desires to use the following public facility Adele Graee Cultural n Rnnm Ik ft 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 AGREEb AS FOLLOWS: 1. Length of Rental Term: This agreement shall run from 10(1/O1 through 9/30/02. It is anticipated with this year, the project to renovate the Adele Grage Community Center will begin. This contract will be suspended during actual construction and it wiH be the responsibility of the renter to remove all belongings during this period. 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, isnon-profit innature, and charges no user or admission fees. Renter shall provide the City with a copy o£itstax 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 keep 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.