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HomeMy WebLinkAbout2013A RICH CONSULTING LLC* 990 US HIGHWAY 1 SUITE A SEBASTIAN,FL 32958-0000 Send To: CITY OF SEBASTIAN 1225 MAIN ST SEBASTIAN, FL 32958 NOTICE OF CANCELLATION OR NONRENEWAL INSURANCE COMPANY:KIND OF POLICY General Liability FEDERATED NATIONAL INSURANCE O. 14050 N.W. 14TH STREET # 180 POLICYNO. HM -0000014448-00 SUNRISE,FL 33323-0000 SENIOR ACTIVITY CENTER OF SEBA 1255 MAIN ST SEBASTIAN,FL 32958-0000 ADDITIONAL INSURED/ MORTGAGEE HOLDER I LIENHOLDER CITY OF SEBASTIAN 1225 MAIN ST SEBASTIAN, FL 32958 CANCELLATION OR EXPIRATION WILL TAKE EFFECT AT: 10/26/16 (DATE) 12:01AM (HOUR STANDARD TIME) 9/07/16 ISSUED THROUGH AGENCY OR OFFICE AT: 02989/000 A RICH CONSULTING LLC* 990 US HIGHWAY 1 SUITE A SEBASTIAN,FL 32958-0000 ❑ TO LIENHOLDER: You are hereby notified that the agreement under the Loss Payable Clause payable to you as Lienholder, which is a part of the above policy, issued to the above insured is hereby canceled or nonrenewed in accordance with the conditions of the policy, said cancellation or non renewal to be effective on and after the hour and date mentioned above. You are hereby notified in accordance with the terms and conditions of the above mentioned policy, and in accordance CANCELLATION with the law, that your insurance will cease at and from the hour and date mentioned above for the reason(s) stated in of the above policy, issued to the above insured Is hereby canceled or nonrenewed in accordance with the conditions of the "Important Notices" section below. the policy, said cancellation or non renewal to be effective on and after the hour and date mentioned above. Pq See the "Important Notices" below for other information that may apply. You are hereby notified that the agreement under the Loss Payable Clause payable to you as Additional You are hereby notified in accordance with the terms and conditions of the above mentioned policy, and in accordance Insured/Certificate Holder, which is a part of the above policy, issued to the above insured is hereby canceled or with the law, that your insurance will cease at and from the hour and date mentioned above for the reason(s) stated in the hour and date mentioned above. the "Important Notices" section below. FL You are permitted by law to appeal this cancellation. An appeal must be filed no later than 20 days before the effective only date of cancellation set forth in this Notice. Forms for such appeal and the regulations pertaining thereto may be obtained from the offices of the Department of Insurance. The Department of Insurance does not have the authority to extend the effective date of cancellation: therefore you should obtain replacement coverage prior to the effective date of cancellation. (Appeals is not permitted in the case of cancellation for nonpayment of premium.) See the "Important Notices" below for other information that may apply. You are hereby notified in accordance with the terms and conditions of the above mentioned policy, and In accordance NON -RENEWAL with the law,that the above mentioned policy will expire effective at and from the hour and date mentioned above and the policy will NOT be renewed for the reasons stated in the "Important Notices" section below. IMPORTANT Reason(s) for cancellation, nonrenewal of policy (reason(s) stated only if above marked item Indicates such.) NOTICES COMPANY REQUEST UNDERWRITING REASONS UNACCEPTABLE RISK ❑ TO LIENHOLDER: You are hereby notified that the agreement under the Loss Payable Clause payable to you as Lienholder, which is a part of the above policy, issued to the above insured is hereby canceled or nonrenewed in accordance with the conditions of the policy, said cancellation or non renewal to be effective on and after the hour and date mentioned above. TO MORTGAGEE: You are hereby notified that the agreement under the Loss Payable Clause payable to you as Mortgagee, which is a part of the above policy, issued to the above insured Is hereby canceled or nonrenewed in accordance with the conditions of the policy, said cancellation or non renewal to be effective on and after the hour and date mentioned above. Pq TO ADDL. INSUREDICERTIFICATE HOLDER: You are hereby notified that the agreement under the Loss Payable Clause payable to you as Additional Insured/Certificate Holder, which is a part of the above policy, issued to the above insured is hereby canceled or nonrenewed in accordance with the conditions of the policy, said cancellation or non renewal to be effective on and after the hour and date mentioned above. CER I AGENT: (If notice of cancellation or nonrene% 02989/000 1 1 Mortgagee, complete the following.) I hereby certify that I personally mailed in the U.S. Post Office, at the place and time stamped hereon, a notice of cancellation or nonrenewal to the insured, lienholder or Mortgagee, an exact carbon copy of which appears above, and at said time received from the U.S. Postal Service the receipt made a part hereof or attached hereto. Signed this 06 day of September 2016 Signature J. GORDON JENNINGS III FNIC CNR 01 14 ADDITIONAL INSURED NOTICE OF CANCELLATION OR NONRENEWAL INSURANCE COMPANY KIND OF POLICY General Liability FEDERATED NATIONAL INSURANCE CO. 14050 N.W. 14TH STREET # 180 POLICY No. HM -0000014448-00 SUNRISE,FL 33323-0000 NAME AND ADDRESS OF INSURED SENIOR ACTIVITY CENTER OF SEBA 990 US HIGHWAY 1 SUITE A SEBASTIAN,FL 32958-0000 ADDITIONAL INSURED I MORTGAGEE HOLDER I LIENHOLDER CITY OF SEBASTIAN 1225 MAIN ST SEBASTIAN, FL 32958 CANCELLATION OR EXPIRATION WILL TAKE EFFECT AT: 9/30/16 (DATE) 12:01AM (HOUR STANDARD TIME) 10/13/16 ISSUED THROUGH AGENCY OR OFFICE AT: 02989/000 A RICH CONSULTING LLC' 990 US HIGHWAY 1 SUITE A SEBASTIAN,FL 32958-0000 PRODUCER I AGENT: (If notice of cancellation or nonrenewal is mailed to the Insured, Lienholder or 02989/000 Mortgagee, complete the following.) I hereby certify that I personally mailed in the U.S. Post Office, at the place and time stamped hereon, a notice of cancellation or nonrenewal to the insured, lienholder or Mortgagee, an exact carbon copy of which appears above, and at said time received from the U.S. Postal Service the receipt made a part hereof or attached hereto. Signed this 12 day of October 2016 Signature J. GORDON JENNINGS III FNIC CNR 01 14 ADDITIONAL INSURED TO LIENHOLDER: You are hereby notified that the agreement under the Loss Payable Clause payable to you as Lienholder, which Is a part of the above policy, Issued to the above insured is hereby canceled or nonrenewed in accordance with the conditions of the policy, said cancellation or non renewal to be effective on and after the hour and date mentioned above. You are hereby notified in accordance with the terms and conditions of the above mentioned policy, and in accordance CANCELLATION with the law, that your insurance will cease at and from the hour and date mentioned above for the reason(s) stated in of the above policy, issued to the above insured is hereby canceled or nonrenewed in accordance with the conditions of the "Important Notices" section below. the policy, said cancellation or non renewal to be effective on and after the hour and date mentioned above. See the "Important Notices" below for other information that may apply. IN You are hereby notified in accordance with the terms and conditions of the above mentioned policy, and in accordance Insured/Certificate Holder, which is a part of the above policy, issued to the above insured is hereby canceled or with the law, that your insurance will cease at and from the hour and date mentioned above for the reason(s) stated in the hour and date mentioned above. the "Important Notices" section below. FL You are permitted by law to appeal this cancellation. An appeal must be fled no later than 20 days before the effective only date of cancellation set forth in this Notice. Forms for such appeal and the regulations pertaining thereto may be obtained from the offices of the Department of Insurance. The Department of Insurance does not have the authority to extend the effective date of cancellation; therefore you should obtain replacement coverage prior to the effective date of cancellation. (Appeals is not permitted in the case of cancellation for nonpayment of premium.) See the "Important Notices" below for other information that may apply. You are hereby notified in accordance with the terms and conditions of the above mentioned policy, and in accordance NON -RENEWAL _ _with the law, that the above mentioned policy will expire effective at and from the hour and date mentioned above and the policy will NOT be renewed for the reasons stated in the 'Important Notices" section below. IMPORTANT Reason(s) for cancellation, nonrenewal of policy (reason(s) stated only if above marked item indicates such.) NOTICES COMPANY REQUEST UNACCEPTABLE RISK DUPLICATE PRODUCER I AGENT: (If notice of cancellation or nonrenewal is mailed to the Insured, Lienholder or 02989/000 Mortgagee, complete the following.) I hereby certify that I personally mailed in the U.S. Post Office, at the place and time stamped hereon, a notice of cancellation or nonrenewal to the insured, lienholder or Mortgagee, an exact carbon copy of which appears above, and at said time received from the U.S. Postal Service the receipt made a part hereof or attached hereto. Signed this 12 day of October 2016 Signature J. GORDON JENNINGS III FNIC CNR 01 14 ADDITIONAL INSURED TO LIENHOLDER: You are hereby notified that the agreement under the Loss Payable Clause payable to you as Lienholder, which Is a part of the above policy, Issued to the above insured is hereby canceled or nonrenewed in accordance with the conditions of the policy, said cancellation or non renewal to be effective on and after the hour and date mentioned above. TO MORTGAGEE: You are hereby notified that the agreement under the Loss Payable Clause payable to you as Mortgagee, which is a part of the above policy, issued to the above insured is hereby canceled or nonrenewed in accordance with the conditions of the policy, said cancellation or non renewal to be effective on and after the hour and date mentioned above. TO ADDL. INSURED/CERTIFICATE HOLDER: You are hereby notified that the agreement under the Loss Payable Clause payable to you as Additional Insured/Certificate Holder, which is a part of the above policy, issued to the above insured is hereby canceled or nonrenewed in accordance with the conditions of the policy, said cancellation or non renewal to be effective on and after the hour and date mentioned above. PRODUCER I AGENT: (If notice of cancellation or nonrenewal is mailed to the Insured, Lienholder or 02989/000 Mortgagee, complete the following.) I hereby certify that I personally mailed in the U.S. Post Office, at the place and time stamped hereon, a notice of cancellation or nonrenewal to the insured, lienholder or Mortgagee, an exact carbon copy of which appears above, and at said time received from the U.S. Postal Service the receipt made a part hereof or attached hereto. Signed this 12 day of October 2016 Signature J. GORDON JENNINGS III FNIC CNR 01 14 ADDITIONAL INSURED USE AGREEMENT BETWEEN CITY AND SENIOR ACTIVITY CENTER OF SEBASTIAN, INC. IN AND FOR CONSIDERATION of the mutual promises herein, the sufficiency of which is hereby acknowledged, the CITY OF SEBASTIAN, a Florida municipal corporation, hereinafter referred to as "CITY ", and the SENIOR ACTIVITY CENTER OF SEBASTIAN, INC., a non - profit Florida corporation, hereinafter referred to as "SENIORS ", agree to be legally bound as follows: I. USE OF PREMISES From January 1 through December 31 of the years 2013 through 2018, SENIORS shall be allowed exclusive use of the CITY -owned facility located at 1255 Main Street, Sebastian, Florida 32958 (the Premises). Use shall be for SENIORS events and programming. All events and programs shall be operated and sponsored by the SENIORS. 11. MAINTENANCE AND REPAIRS CITY shall generally maintain the Premises in the same manner as other similar City facilities. SENIORS shall have the following specific responsibilities: a) Cleaning: Keep the Premises and all improvements in a clean and orderly state, including, but not limited to the bathroom, kitchen, floors /carpets. SENIORS obligation to clean shall include the duty to collect and deposit all trash and garbage into the containers located on the Premises for this purpose. SENIORS responsibilities shall also include the duty to supply the restrooms with toilet paper and all other necessary sanitary items. b) Improvements: SENIORS shall not cause any improvements to be made to the Premises without the advance written consent of the CITY. c) Security: To keep locked and secure the Premises when not in use. To open for use by SENIORS when Premises is scheduled for use. SENIORS shall develop an operating schedule and provide schedule to the CITY. III. POSSESSION AND ACCESS The rights granted SENIORS herein relate to the use of the Premises and do not in any way constitute possession of the Premises by SENIORS. At all times CITY retains all rights of control and access to the Premises. IV. SENIORS RESPONSIBILITY SENIORS shall not commit or permit the commission of any acts on the Premises, nor use, nor permit the use of the premises in any way that: a) Violates or conflicts with any law, statutes, ordinance, or governmental rule or regulation, whether now in force or hereinafter enacted, applicable to the Premises; or b) Constitutes the commission of a nuisance. V. SENIORS BY -LAWS REQUIREMENT This Agreement is expressly conditioned upon SENIORS By -Laws containing the following provisions throughout the term hereof: a) SENIORS Executive Officers shall serve without compensation; and, b) A majority of the SENIORS Executive Officers shall be full -time residents of the City of Sebastian. VI. ASSIGNMENT SENIORS shall not assign, or otherwise transfer any right or interest in this Agreement without the prior express written consent of CITY. SENIORS shall not permit any other entity, group or individual to use the Premises. VII. INSURANCE At their sole discretion, SENIORS may purchase at their sole expense renter's insurance for any personal property in the Premises. VIII. DESTRUCTION OF PREMISES AND PERSONAL PROPERTY In the event the building and /or other improvements erected on the Premises are destroyed or any personal item(s) or SENIOR property is damaged by fire or other casualty, the CITY shall have no responsibility or obligation to make any expenditure toward the repair and /or replacement of the building, improvements or personal property. CITY, at its option, shall either cause said building and /or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the Premises and terminate the Agreement. Any insurance proceeds relating to the Premises, whether CITY elects to repair or replace the improvements on the Premises or not, shall be the sole property of CITY. SENIORS shall have no claims against any insurance proceeds paid on account of such damage. IX. ALTERATIONS SENIORS shall not make or permit any other person to make alterations to the Premises without the prior written consent of CITY. Any alterations to the Premises made by SENIORS shall be made at the sole cost and expense of SENIORS, but shall be the property of CITY upon completion. X. INDEMNITY SENIORS shall indemnify, defend and hold CITY and the property of CITY, including the premises, free and harmless from any and all liability, claims, loss, damages or expenses, including counsel fees and costs, arising by reason of the death or injury of any person, including any person who is an employee or agent of SENIORS, or by reason of damage to or destruction of any property, including property owned by SENIORS or any person who is an employee or agent of SENIORS, in any way caused by, connected with or occurring during SENIORS use of the Premises or other appurtenant or related CITY properties arising under this Agreement other than intentional acts of CITY or an employee or agent of CITY. XI. NOTICES Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Agreement shall be effective only when made in writing and hand delivered (or mailed by first class U.S. mail) to the other party at the address given below: CITY: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager SENIORS: Senior Activity Center of Sebastian, Inc. 1255 Main Street Sebastian, FL 3295860 Attn: President I provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. XII. WHOLE AGREEMENT This Agreement contains all of the understandings by and between the parties hereto relative to the use of the Premises, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. This Agreement shall not be construed against the party who drafted the same, as both parties have the opportunity to obtain experts of their choosing to review the legal and business adequacy of the same. EXECUTED on thisc eday of 2013, at Sebastian, Florida. ATT Sally A. Npio, MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: k4�� Robert A. Ginsburg, City Attorney ATTEST: Secretary: (Seal) CITY OF SERAI5TIAN Aner, III, City Manager SENIOR ACTIVITY CENTER OF SEBASTIAN, INC. By , G� Its: J�� r � ,��LX�'�•l�