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Exh 3B Part 1AGENDA ITEM #3B OCTOBER 22, 2001 CITY OF ATLANTIC BEAC$ 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; Tennis Instructor; Beaches Sea Turtle Patrol and Beaches Habitat for Humanity for use of vazious City facilities SUBMITTED BY: Timmy Johnson, Recreation Director DATE: October 15, 2001 BACKGROUND: In recent years, the City Commission has given the City Manager authorization to enter into a one yeaz contract with the following organization for the use of various 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 Park 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. At the last Commission meeting, Staff was ask to come up with options pertaining to the Sea Turtle Patrol's insurance. The options aze as follow: • Eliminate item 31 from Sea Turtle Patrol's contract. • Leave item 31 in the contract, which will require Mort to have insurance. • Make a donation to Sea Turtle Patrol for the purchase of the insurance. Up to $500 a year. AGENDA ITEM #3B OCTOBER 22, 2001 RECOMMENDATION: Authorize the City Manager to enter into a contract with AtlanticBeach Experimental Theater, Atlantic Beach Athletic Association, Sandra Phillips, Tennis Instructor, Beaches Sea Turtle Patrol and $eaches Habitat for Humanity for use of various City facilities ATTACHMENTS: Contracts REVIEWED BY CITY AGENDA ITEM #3B OCTOBER 22, 2001 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this 7th day of September 2001 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 "Cit}~'), and Atlantic Beach Athletic Association of 800 Seminole Road_ Atlantic Beach Florida (904) 249-2782 (hereinafter "Renter"). WHEREAS, Renter desues to use the following public facility: Russell Park Ballfields A & B and Concession Stand WHEREAS, Renter desires to use said facility on a recumng 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 10/1/O1 through 9/30/02. 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the Citythe annual fee of $200.00 peryear at the time of signing this agreement. Such fee maybe 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. 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. AGENDA ITEM #3B OCTOBER 22, 2001 (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 su_ pportine 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 ofthe police and fire departments ofthe 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 shall leaue the facility available for use by other. parties if other activities aze scheduled or upon the request of City staff. This may include removal and storage of Renter's property. (h} Renter shaII 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/O1_~. 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 Ranter 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 in the month of February could apply for such use after the 15th 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 $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. AGENDA ITEM #3B OCTOBER 22, 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 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. (a) Renter agrees to indemnify and hold harmtess the City from any and all liability, defense costs, including other fees,. toss 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: Russell Park Balifields and Concession Stand (b) Additional provisions agreed upon by the City and Renter: 4. Delivery of Facility: 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 Buildine: 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. As~nment: 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. 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 oflaw, at Renter's expense. These expenses shall include, but not be limited to, reasonabie 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 Date: / y - ~ Z `o / By: Its: ~ ,~„_ ~-~-,-~ .,~ "City" "Renter" ,. ~' : ~ b Atlantic Beach Athletic Association P.O. Box 331235. Atlantic Beach, FL 32233 September 27, 2001 AGENDA ITEM #3B OCTOBER 22, 2001 The estimated player usage for the Fall 2001 Babe Ruth Baseball and Softball League is 351 players. Sincerely, ~... ~~-~--- Duncan M. Helmsworth President ~' Atlantic Beach Athletic Association AGENDA ITEM #3B OCTOBER 22, 2001 CERTIFICATE OF INSURANCE ~t,E°Azj ~m z PRODVi:ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION"'ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER: THIS K & K IRSL'ranC° Group, Inc. CERTIFICATE DOES NOT AMENO, EXTEND OR ALTER THE 1712 MagnavoxWay COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 2338 Fort Wayne, In 46801 COMPANIES AFFORDING COVERAGE INSURED COMPANY A TIG INSURANCE COMPANY BABE RUTH LEAGUE INC. (SEE ZC17348). LETTER , PO BOX 5000 COMPANY B 1770 BRUNSWICK AVENUE LETTER TRENTON, NJ 08638 COMPANY C 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 IN SURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL 7HE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICES. L IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POUCY EXPIRATION . LTR TYPE OF INSURANCE POUCY NUMBER DATE (MM~OD/YY) DATE (MM/ODMQ LIMITS (in thousands) General Liability 12:OlAM 12:OlAM General Aggregate * $ 1000 A ^Commercial General Liability DN03796967402 2/01/01 2/01/02 Prcaucts-Comp/Ops Aggregate $ NONE ^ Claims Made ^OCCUf. Personal 8 Advertising Injury S NONE ^ Owner's 8 Contractors Prot. Each Occurrence $ 10 00 ® DIRECTORS & Fire Damage (Any one fire) S NONE OFFICERS Medical Expense (Any one person) $ NONE Participant Legal Liability $ N/ Automobile Liability Combined ^Any auto Single Limit $ ^ All owned autos Bodily ^ Scheduled autos Injury ~ er erson ^ Hired autos Bodiry ^ Non-owned autos tnjury $ er accident ^ Garage Liability Property ^ Damage $ Excess Liability ^ "THE COVERAGE OF HIS POLICY ~ 5 LIMITED Each Occunence A rz ale g9 g ^ Other than Umbrella form G ERALLY TO LIABILI Y FOR ONLY HOSE CLAIMS T AT ARE FIRST MADE GAINST THE NSURED $ S Workers'Compensation W ILE THE POLICY-IS N FORCE AND REPORTED Statutory and T THE CARRIER WITH PL CAHLE EN THE POLICY PERIOD AND LEASE IOD $ Each Accident Employers'Liability R 2 EXT DED IEW THE POLICY EPORTING PE EFULLY AND . P ISCUSS THE $ Disease-POliq Limit C VERAGE THEREUNDER ITH YOUR 2N UR.ANCE $ Disease-Each Employee A ENT OR BROKER." ADBD ~ $ - Participant Primary Medical $ Accident Excess Medical $ Weekl Indemni' $ X DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS CAL RIPKEN, SOFTBALL 16&U, SOFTBALL 12&U, 13-15 BASEBALL *T T V CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 'BE CANCELLED BEFORE THE EXPIRATION. DATE THEREOF, THE ATLANTIC BEACH ISSUING COMPANY WILL ENDEAVOR TO MAIL ~~ DAYS Susan Da lCero WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO 212 Magnolia Street THE LEA, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE ~, Atlantic Beach, FL 32233 NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPP,ESENTATIVES. i AUTFIORIZEO RE?RE NT TIVE JIJe // I-y- AGENDA ITEM #3B OCTOBER 22, 2001 CERTIFiCAIE OF i4VSliRA9dCE ~JE°Azj;"zj i 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 2339 COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Wayne 2n 46801 , COMPANIES AFFORDING COVERAGE INSURED ~ - COMPANY A TIG INSURANCE COMPANY BABE RUTH LEAGUE, INC. (SEE ZC17349) LETTER PO BOX 5000 COMPANY B 1770 BRUNSWICK AVENUE LETTER TRENTON, NJ~08638 COMPANY C LETTEP. COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A00VE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANOfNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED Oft MAY PERTAIN. THE IN SURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE OEEN REDUCED BY PAID CLAIMS. CO. LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE GATE (MM/DDl1^Q POLICY EXPIRATION DATE (NNJDOlYY) LIMITS (in thousands) General Liability General Aggregate ~ S NONE A ~] Commercial General Liability 12 : 01AM 12 : 01AM Protlucts-Comp/ops Aggregate $ 1000 ^Claims Made ®Occur. SSP3750145004 2/01/01 2/01/02 PersonalBAdvertising Injury $ 1000 Owner's 8 contractors Prat. Ea<h Occurrence $ 1000 Fire-Damage (Any one fire) $ 3 0 0 Medical Expense (Any one person) 5 5 Participant Legal Liability S .1000 Automobile Liability 12 : O lAM 12 : O IP.M Combined A An auto ~ Y SSP3750145004 2/01/01 2/01/02 Single Limit Sr 00C ^ All owned autos - Bodily a Scheduled autos Injury $ er er~on ® Hiretl autos eodny Non-owned autos Injury s er accident Garage Liability ~ PrcPeM ^ Oamage , S ^ ' Ezcess Liability Each Occurrence Aggreoate Other than Umbrella form g 5 Workers' Compensation - Statutory and $' Each .4ccidenl Employers' Liability $ Disease-POncy Limn $ Olsease-Each Employee AD&D $ 10 Participant ~ 12:OlAM 12: C1AM Primary Medical $ 250 Accident SPX3750145104 2/01/01 2/G1/02 Excess Medical $ NONE Weekly Indemni $ XNONE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESlRESTRICTIONS/SPECIAL ITEMS ADDITIONAL INSURED: ANY PERSON, ORGANIZATSON, OR ENTITY ENGAGED IN SPONSORING OR PROVIDING THE PREMISES FOR BABE RUTH BASEBALL/SOFTBALL AT V A F(^ G T F T F n^T) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF .THE A90VE OESCRIBEC POLICIES 6E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ATLANTIC BEACH A. A. 13-1E BRL ISSUING COMPANY WILL ENDEAVOR TO MAIL _i~ DAYS ' Dal Cero, Susan WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO 212 Magnolia Street ~ THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE Atlantic Beach, FL 32233 NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPREBENTATIVES. / ~ AUTHORIZED REPRE NT TIME / !~~/'J ~,L// / p~ (/ ~y AGENDA ITEM #3B OCTOBER 22, 2001 Ailantic ~eac~ At4a4et6c Ass©c a9lzsral ~~'~~~ ~ ~-®~~ .lanuar~ 1 through September 26, 2009 Jan 7 -Sep 26, '01 Ordinaryincome/Expense ' Income button Sales 1,430,00 Corcession5ales (Gross) 24,903.07 Grants 2,000.00 Miscellaneous Income ~ -5.00 RegisL~on Fees ~ 56,695,00 " Sponsors 17,500.00 Uniform Sales 471.00 Total Income 96,194.07 Expense ~ 1099 - 1,544.64 Advertising Booster board 168.00 Signs; d' x 4' Sponsor Sign 935.50 Advertising -Other - 638.15 Total Advertising 1,741.65 Bank Service Charges 42.50 CharFab7e Contribution 1,000.00 Concession Supplies 14,387.57 Dues and Subscriptions 422.00 Field Supplies 4,128.55 Insurance 2,343.00 Maintenance & Repair 5,511.42 "Miscellaneous 303.50 Office Supplies 87.33 Pcst Season 10 8 U All StarSoftball 1,720.35 Major League Alf Stars 2,792.40 Minor League A!1 Stars 800.00 Rookie league All Stars 175.00 Post Season -Other 25.00 Toro! Post Season 4,912`.75 Postage and Delivery 68.60 Printing and Reproduction 2,229-96 Promotional Rookie~Nigfi[ 105.00 Tball Clinic Spring.'07 -50.53 trivia,pants/cup sales,etc -845.88 Promotional -Other 113,56 Total Promotional ~ =677.85 .Rent 200.00 Supplies Offica 125.57 Supplies -Other 405.33 .Tara! Supplies 531:40 Tax, 947 payroll tax 7,353.22 Taxes, other 70.00 Team Equipment 9,527.47 Telephone 509.44 Training Clinics 534.07 Travel 8 Ent Entertainment 453.03 " Meals. 144A3 7oU1 Travel m Ent 597Afi Umpires Maypo:i O[ficials Rssec. 495.80 Paid a4 field 6,237.65 Total Umpires 6,733.45 AGENDA ITEM #3B OCTOBER 22, 2001 :+~t6aeltac ~eacll AttlBet'sc Assac o9f2e/ot B29anCe Shut As of September 26, 2001 Sep 26, 1J1 ASSETS CurreatAssets CheckingfSaVings SO!lTHTRUST C4ECKSNO Fotai~ CheekinglSavir1gs -Other Currenl Assets Concession Starting Cash Total Other Current Assets Total Current Assets Other Assets C.D. ~°G day; expires 5f3/GGj Total Other Assets TOTAL ASSETS LIABILITIES ffi EQUITY EquiTy Opening Baf @quity Retained Earnings Net Income Total. Equiiy TCTAL L'wclL1TIES 3 EQUITY 21,743.79 21-,743~.79~ 120.00 L 1,800.(9 1F3.41 -43.49 21,820.38 14,948.35 -8,54Q.08 15,472.11 21.~42G38 ?1,820.38 AGENDA ITEM #3B OCTOBER 22, 2001 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this 5th day of September 2001 at Atlantic Beach, I?uval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and Beaches Sea Turtle Patrol . of 716 Ocean Blvd. Atlantic Beach Florida 32233 (904) 241-7631 (hereinafter "Renter"). WHEREAS, Renter desires to use the following public facility: Adele Grage Cultural Center Room #8 and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particulaz 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, 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 10/1/01 through 9/30/02. It is anticipated with this yeaz, the project to renovate the Adele Grage Cultural Center will begin. This contract will be suspended during actual construction and it will be the responsibility of the renter to remove all belongings during this period. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $200.00 per year 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. 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 chazged 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 #3B OCTOBER 22, 2001 (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 orovide all su~oorting 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 ofthe 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 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 or Renter's property. (h) Renter shall be responsible for its own fiunishings 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 ( 09/30/02 ). 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 $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 Pazks and Recreation Duector 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. (1) Renter shall maintain at a!1 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 of evidence of such insurance, and shall name the City as an additional insured under said policy. AGENDA ITEM #3B OCTOBER 22, 2001 Renter may apply to the City Commission of Atlantic Beach fora 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. (a) 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 Crrage Cultural Center Room #8 (b) Additional provisions agreed upon by the City and Renter: 4. 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 a clean condition. 6. Control of Building: )n 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 eitherwith or without process oflaw, 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 WTTNESS WHEREOF, we have hereunto set our hands and official seals this day of CITY OF ATLANTIC BEACH Date: J D f~ l' By: Its: "City" `Renter' AGENDA ITEM #3B OCTOBER 22, 2001 Beaches Sea Turtle Patrol, Inc. Patrolling Neptune, Atlantic and Jacksonville Beaches ~~ September 28, 2001 Jim Hanson City Manager 800 Seminole Road Atlantic Beach, Florida 32233 Dear Mr. Hanson: All terms of rental contract .are agreeable to Beaches Sea Turtle PatroLwith the following exceptions: a. Paragraph 2- It is requested that the annua] fee be waived since Beaches Sea Turtle Patrol provides a public service available to a11, is a Florida Non-Profit Corporation (with no paid employees), and chazges no user or admission fees for any of its events, presentations to local schools, clubs and other organizations. B. Paragraph 3 (L)- It is requested that the insurance requirement be waived since all of the contact with the public takes place on the Beach. or in Public Schools, Libraries,. and other organizational areas. In addition, only one Beaches Sea Turtle PatroLMember has access to this public building to monitor and answer mail, daily telephone messages and records keeping for Department of Environmental Protection. An expensive insurance fee would severely limit our ability to operate effectively. Please let me know if these requests can be filled. per this request. You can reach me at (904) 241-7631. ~/~%R/espectful you~r/s/, ~ ~ i%'~~ "Morton anso~~ n `~ `""`~ Beaches Sea Turtle Patrol 716 Ocean Blvd Atlantic Beach, Florida 32233 (904) 242-5 I I 1 AGENDA ITEM #3B OCTOBER 22, 2001 ~ T~4~~ OCTOBER SE 001 B .Z~Gvcy~ CDoN~4,-iovs/~l~~l~i'i~~~sT~{I> ~° ~ ,~ i t` X~~N.r~ r' - 1/}l ALL _ ,~ ~~ 7~1. ~ ~b ~y~ 6`-l U.7a ~,7r ~ ~Zr c~ o~Ne~,-s ~u«~ ---~ __ _~-- ~~ urn ~` 3~D, y ~: ~~ ~~'~c~ Pi~o~~.~ -~N ~,~ ~"~h~rr ~ E~~c~ ~}~~FS~,v ~ IDO, o~ ~~pT o.~= ~.S~,9r~ ~ 6l aZS' fv'A~r/E ~,~rP~vR ~iv,~ v~~, a -- ~~u z ~ ~~~1 _~_ `~ ,~ ~-do) ~'%/ ~ - --- - ~JODV ° `~ ,~ _ , ~~~ .~>~ ~~~G ~oNi ~T-~-T~ ~o, a3 ~ ~~,gd ~/o, 63 yn,6J Y / - ~~ ~/ - ~~ ~~, ~~ is . 6~ ~a~e~~~i/ lb~~s'o~Ca~~~%~ y~~~ ~1~,i~ ~~, z~ ~g~~~~ ~~D.a~ ~~~~~~ a6~, ~~ Co r~'s~v i r a ~ 3~ ~ ~~ ~ j oF.~-T`,~,~ --~~ ~. ~/. ~-~- /0.70 ~~~~ ~~ ~,~" 9 6 Lf0 7v N~~ m u ~.~-- ~~~ 791. ~°~ j -S.~i.z'i ~',~i~l-l F.e ~~~ p.~ L ~ ~uB-~ ~~ ~~ ~ ~-2T JJ~=Si~ /D©.00 ~•~~"~~Df~~ a1,~fD l ~-s`o ~4 -q D Szt.o~ ~o , iD ~ ~~, ~~ G ~ . 7~ AGENDA ITEM #3B OCTOBER 22, 2001 _ y~~~.~y ~ yo ~- ~~ ~u~ L C acs d~i9/~F.~10i2, ~'-~Ti~/~ ~,qL~ ~~,~,,'vyr~~~ iiy ao , (o~-Uo Qig'~r~w~oA~,r'i'-7p~lt_S' ~~~ /~.~-a_es ,~ c-~~ o~~'~~ ~J~~~ ~~ ~~~~~~ ~ ~~ !66.00 ~ e~Nr /'~"~fr s o x y' C~~ ~~~~~o / -i J n i ., 2001 NESTS AGENDA ITEM #3B 29-Aug-01 OCTOBER 22, 2001 "~ Date Location Hatch Date* Actual Notes Current/ACT Da GPS Location 1 12-May 6th St., AB (+) 7-Jul 18-Ju( Zone: 8 67 30-19.875!81-23.710 2 16-May NS 11-Jul 22-Jul NIA 67 30-23.619/81-23.593 3 22-May Oleander St., NB (-) 17-Jul 22-Jul Zone: 6 61 30-18.620/81-23.547 4 23-May 16th St., AB ? 8-Jul 29~1u1 Zone:10 67 30-20.528!81-23.784 5 26-May Orange St., NB 21-Jul 28-Jul Zone: 7 63 30-19.372/81-23.652 6 26-May Oceanwalk,AB 21-Jul 25Ju1 Zone:10 60 30-21.375/81-23.849 7 31-May Chevy St., NB 26-Jul 31-Jul Zone: 7 61 30-19.330/81-23.647 8 31-May 4029 Duval Dr., JB 26-Jul 3-Aug Zone: 1 64 30-15.42 818 1-22.894 9 1-Jun 19th St., AB (+) 27-Jul 31-Jul Zone: 10 60 30-20.9 9 218 1-2 3.823 10 2-Jun Oceanwalk Access, AB (++ 28-Jul 5-Aug Zone: 10 64 30-21.412/81-23.849 11 5-Jun Oceanwalk (+) 31-Jul 6-Aug Zone: 10 62 30-21.4 9 3181-23.855 12 5-Jun. NS 31-Jul 9-Aug N/A 65 30-23.003/81-23.786 13 6-Jun 13th St., AB i-Aug 11-Aug Zone: 9 66 30-20.286/81-23.758 14 6-Jun 3rd St., AB 1-Aug eane 7/14 No Eggs 30-19.706!81-23.691 15 6-Jun HP 1-Aug 12-Aug N/A 67 30-22.808/81-23.805 16 8-Jun Bay St., NB (-) 3-Aug 7-Aug Zone: 7 60 30-19.008/81-23.607 17 8-Jun FleetTrng. Ctr., NS (-) 3-Aug 11-Aug N/A 64 30-23.583!81-23.614 18 8-Jun 2119 Beach Ave., A8 3-Aug t2-Aug Zone: i0 65 30-21.179/81-23.839 19 t0.1un 15tiAve.S.,JB 5-Aug 9-Aug Zane:3 60 30-16.496/81-23.144 20 12-Jun 10th St:, AB 7-Aug 10-Aug Zone: 9 59 30-20.108/81-23.740 21 12-Jun BOQ, NS 7-Aug 9-Aug N/A 58 30-23.414/81-23.689 22 14-Jun N Oceanwalk, AB 9-Aug 14-Aug. Zone: 10 61 30-21.446/81-23.854 23 14-Jun 18th St., AB 9-Aug 10-Aug Zone: 11 57 30-20.803/81-23.812 24 17-Jun 19th St., AB (-) 12-Aug 15-Aug N/A 59 30-20.973/81-23.825 25 18-Jun 19th Ave. S., J6 13-Aug 15-Aug Zone:3 58 30-16.305/81-23.102 26 18-Jun 19th St., AB 13-Aug 16-Aug Zone: t0 59 30-20.970/81-23.826 27 20-Jun 18th St., AB 15-Aug 18-Aug Zone: 10 59 30-20.816/81-23.814 28 23-Jun 20th St., AB (-) 18-Aug 26-Aug Zone: 10 64 30-21.121181-23.833 29 23-Jun 20th St.,AB (+) 18-Aug 25-Aug Zone: 10 63 30-21.157/81-23.836 30 23-Jun 3939 Duval Dr., JB 18-Aug 26-Aug Zone: 1 64 30-15.472!81-22.910 31 23-Jun Wellness Trt. D (Lot 5), HP (+) 18-Aug 21-Aug N/A 59 30-22.373/81-23.853 32 24-Jun N. Oceanwalk, AB 19-Aug 21-Aug Zone: 10 58 30-21.459/81-23.853 33 25-Jun South Si.,NB (++) 20-Aug 22-Aug Zone: 7 58 30-18.840/81-23.588 34 26-Jun Radar Twr., NS (+) 2t-Aug 22-Aug N/A 57 30-23.661/81-23.573 35 28-Jun 15th St., AB 23-Aug 27-Aug Zone: 9 60 30-20.395181-23.769 36 29-Jun 2100 blk..8each Ave., AB 24-Aug a-q f}17 Zone: 10 61 30-21.204/81-23.835 37 30-Jun 2703 Ocean Dr. S., J6 25-Aug. 29-Aug Zone:2 60 30-15.988/81-23.019 38 30-Jun 3509 Ocean Dr. S.,JB 25-Aug' Zone:1 60 30-15.671/81-22.946 39 2-Jul Florida Blvd., N8 27-Aug 28-Aug Zone: 7 57 30-18.862/81-23.582 40 2-Jul S., HP 27-Aug N!A 58 30-21.878!81-23.858