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Indian River County Holman Stadium Use Agreement 0 ! y — ) C
This Holman Stadium Use Agreement ("Agreement") is made this day of
Sppterabpr a, 2014, by and between Indian River County Board of County
Commissioners, a political subdivision of the State of Florida ("County") and the
America Security Council Foundation, c/o Gary James, 1069 Main Street, Suite 101,
Sebastian, FL 32958 ("User Group").
BACKGROUND RECITALS
A. The User Group has requested the use of Holman Stadium facilities (collectively
referenced as "Stadium") under the terms and conditions set forth in the Indian
River County Holman Stadium Use Guidelines, attached to this Agreement as
Exhibit 1 and incorporated herein in its entirety by this reference and under the
terms and conditions set forth in this Agreement.
B. The County will allow the User Group to use the Stadium under the terms and
conditions set forth in Exhibit 1 and under the terms and conditions set forth in
this Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, and intending to be legally bound, the parties agree as
follows:
1. PERIOD OF USE This Agreement shall be in force December 6th, 2014 and
include a setup day of December 5th, 2014. The terms and duration of this Agreement
include all setup and clean up time
2 NUMBER OF PARTICIPANTS EXPECTED User Group estimates that the
number of participants expected at the event will be between 4,500 up to seating
capacity of 6,500
3 DESCRIPTION OF EVENT. User Group states that the following is an accurate
description of the event: The "Step Up America" Hero's Appreciation Festival concert
event will raise awareness regarding the role of our Active Duty Military, Veterans, Law
Enforcement and First Responders. The beneficiaries will be the UDT/SEAL Trident
House and the ASCF Scholarship Fund.
4. INSURANCE. The minimum dollar amounts and types of insurance coverage's
required are set forth in Exhibit 2 attached hereto and incorporated herein in its entirety
by this reference
5 FEES. The User Group agrees to pay all Stadium use charges as set forth in
Exhibit I, including, without limitation, the charges set forth in paragraphs C, D, F, G, H,
and I. In the event that the User Group elects to use the services of Verotown, LLC for
parking attendants, ticket takers, security personnel, clean-up crews, or concession
operations, the User Group acknowledges and agrees that the County shall cause
Verotown, LLC. (i) to provide a written invoice for such services to the User, together
with a courtesy copy to the County within ten (10) business days after the conclusion of
the event; and (ii) to remit the net funds, if any, to the User Group In addition, all costs
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for utilities and any other costs incurred by Verotown, LLC in connection with the User
Group's use of the Stadium shall be set forth on the foregoing written invoice, and such
costs shall also be deducted from the net funds, if any, and remitted to the User Group.
Upon the County's receipt of the notice of invoice payments from Verotown, LLC, the
security deposit shall be returned to the User Group; provided, however, that in the
event the costs invoiced by Verotown, LLC exceed the funds available, the County shall
have the right to use the security deposit for such costs In addition, the User Group
agrees to be solely responsible to pay any and all additional charges required for the
staging of the event. Verotown, LLC reserves the right to modify the foregoing process
to accommodate any arrangement made directly with the User Group to provide
concessionaire services for the event.
6. INDEMNIFICATION AND WAIVER OF CLAIMS. The User Group assumes all
risks and agrees to indemnify fully and save and hold harmless the County, its
commissioners, officers, employees, and agents (hereinafter individually and collectively
referenced as "Indemnified County Parties"), and Verotown, LLC, their respective
owners, shareholders, officers, employees, representatives, agents, heirs, successors,
and assigns (hereinafter individually and collectively referenced as "Indemnified
Verotown, LLC Parties") against all claims, losses, damages, judgments, liabilities,
accidents or injuries to person(s) or property, and causes of action, including
reasonable attorney's fees and court costs, arising out of, or caused directly or
indirectly, by the conduct, acts, omissions, negligence, or willful misconduct of any
participant in the event, the User Group, its visitors, agents, and employees. The
Indemnified County Parties, and the Indemnified Verotown, LLC Parties shall not be
liable for damages to, or loss of, personal property sustained by the participants in the
event, the User Group, its visitors, agents, employees, or any person claiming by or
through the User Group or any of the foregoing, resulting from any fire, accident,
occurrence, theft, or condition in or upon the Stadium, provided such are not due to the
sole negligence or willful misconduct of the Indemnified County Parties or the
Indemnified Verotown, LLC Parties. This indemnification paragraph shall survive the
expiration or sooner termination of this Agreement.
7. CANCELLATION. This Agreement is subject to cancellation by either the User
Group or the County as set forth in Exhibit 1.
8. FACILITY UNAVAILABILITY DISCLAIMER. The County assumes no
responsibility for circumstances that may require the closing of the Stadium facility due
to conditions that would render it unfit for public usage due to inclement weather, state
health department or other regulatory agencies requirements. In the event of such
occurrence it is the responsibility of the User Group to obtain alternative facilities and
the County shall have no liability whatsoever to the User Group The County and
Verotown, LLC represent that to the best of their knowledge and belief, that Verotown,
LLC is now and will remain in good standing with all State and local regulatory agencies
having jurisdiction, if any to regulate, license, and permit the activities contemplated by
this Agreement.
9. GOVERNING LAW. The laws of the State of Florida shall govern this Agreement
and any and all legal action shall be instituted in Indian River County for all state court
matters and in the Southern District of Florida for all federal court matters
10. ENTIRETY OF AGREEMENT The Agreement incorporates and includes all
prior and contemporaneous negotiations, correspondence, conversations, agreements,
or understandings applicable to the matters contained herein and the parties agree that
there are no commitments, agreements, or understandings of any nature whatsoever
concerning the subject matter of this Agreement that are not contained in this
Agreement. No supplement, modification, or amendment to this Agreement shall be
binding unless signed in writing by the County and the User Group.
11. SEVERABILITY. In the event that any of the provisions of this Agreement are
deemed unenforceable, the enforceability of the remaining provisions of this Agreement
shall not be affected.
12. ASSIGNMENT User Group shall not grant, assign, or otherwise convey to
anyone any or all of its rights to use the Stadium hereunder without the prior written
consent and approval of the County and Verotown, LLC The User Group shall use the
Stadium only in the manner contemplated in this Agreement.
13 THIRD PARTY BENEFICIARY. No person other than Verotown, LLC, the
County, the Indemnified County Parties, the Indemnified Verotown, LLC Parties, and the
User Group, and the successors of the User Group shall have any rights whatsoever
under this Agreement.
14. BACKGROUND RECITALS. The Background Recitals are true and correct and
form a material part of this Agreement.
15. DEFAULT. County shall have the right to terminate this Agreement and/or deny
User Group use of the stadium if User Group defaults in the performance of any
obligation hereunder, provided that in the event of such default, the County shall give
the User Group notice of such default and twelve (12) hours to cure the default or a
lesser time if appropriate to the default on the day of the event.
16. NOTICES. Any notices or other written communications from the User Group to
the County shall be delivered by fax, overnight mail, hand delivery, or first class mail to
the County Recreation Manager Any notices or other communications from the County
to the User Group shall be delivered by fax, overnight mail, hand delivery, or first class
mail to the User Group Executive Director The names and address to be contacted are
as follows.
As to the County:
Indian River County Board of County Commissioners
Attn: Michael C Zito, Assistant County Administrator
1801 27th Street, Vero Beach, FL 32960-3398
As to the User Group.
American Security Council Foundation
Attn. Gary James
1069 Main Street, Suite 101
Sebastian, FL 32958
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IN WITNESS WHEREOF, the County and the User Group have caused this Agreement
to be executed in their respective names as of the date set forth above
USER GROUP:
AMERICAN SECURITY COUNCIL
FOUNDATION
INDIAN RIVER COUNTY, FLORIDA:
By. Gary Jm�s,\pirector of Operations By: Peter D. O'Bryan, Chairman
•••\ �OApproved: September 9, 2014
Attest Jeffrey R. Smith, Cleric of
Circuit Cowt and Comptroller
a,2_
Deputy Cl•rh
fs
i I
• �s
OQo'j
y COIM� �'✓
Approved as to form and Ieg I sufficiency.
Cacrnty Attorney
APPROVAL BY VEROTOWN, LLC, SOLELY AS TO THIRD PARTY BENEFICIARY
PROVISIONS
VEROTOWN, LLC
By. Craig _ Ian, Vice President
Hist ric Do•gertown
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EXHIBIT 1
Indian River County Holman Stadium Use Guidelines
A. Eligibility:
Requesting user groups must be Not -for -Profit section 501(c)(3) corporations based
in Indian River County and serving Indian River County residents. Eligible user
groups are limited to one use per lease year, May 1 through April 30.
B. Use of Premises:
Use of the Holman Stadium facilities and/or the eight (8) baseball practice fields and
the one (1) half baseball practice field (collectively referenced as "Stadium") must
be lawful and consistent with the use of Indian River County public facilities In
addition, use must be in compliance with section 6.04 of the Facility Lease
Agreement dated April 21, 2009, as amended, between Indian River County, a
political subdivision of the State of Florida, and Verotown, LLC, a Delaware limited
liability company ("Verotown"), a copy of which section is attached hereto as
Attachment 1 and incorporated herein in its entirety by this reference. Requested
use and dates must not conflict with scheduled facility use by Verotown, Indian River
County scheduled events, or events sponsored by the Treasure Coast Sports
Commission. User group shall not exclude from participation in, deny the benefits
of, or otherwise subject anyone to discrimination in, the use or operation of the
Stadium for the event on the basis of age, sex, disability, race, color, national origin,
religion, or ancestry.
C. Security:
Security will be provided by the Indian River County Sheriff's Office or the Vero
Beach Police Department and Verotown. The security provisions must have the
prior written approval of both Verotown and either the Indian River County Sheriff's
Office or the City of Vero Beach Police Department, as applicable The user group
shall be solely responsible for all costs associated with security and shall contract
directly or reimburse Verotown for the cost of security personnel provided by the
Indian River County Sheriff's Office or the Vero Beach Police Department, as
applicable, for event security and traffic control.
D. Insurance:
Insurance requirements will be determined by the County's Risk Manager based on
the type of event, anticipated attendance, and any other criteria as established for
the determination of appropriate coverage. The County shall notify the user group
during the review process set forth in paragraph K2 of these Guidelines of the types
and amounts of required insurance coverage Indian River County and Verotown
must be named as additional insureds in the policy or policies of insurance A
certificate or certificates of insurance must be delivered to both the County's Risk
Manager and Verotown containing the types and amounts of the required coverage,
and showing the required additional insureds no later than ten (10) business days
prior to the event date. In addition, the agreement to be executed by the user group
1
and the County shall contain an indemnity from the user group to the County and
Verotown for the costs of any damage or destruction to the Stadium or liabilities
associated with personal injury or death that occurs in connection with the use of the
Stadium by the user group.
E. Alcohol:
Unless specifically prohibited by the County, the sale and consumption of alcoholic
beverages shall be permitted during the event, subject to the following restrictions.
(1) such sale and consumption shall be in accordance with (i) any applicable
requirements of the City of Vero Beach relating to the sale, possession or
consumption of alcohol on public property, (ii) any requirements of the County
determined necessary or appropriate to protect the health, safety and welfare of the
residents of the County, and (iii) any other requirements of state or federal law, and
(2) such sale shall be conducted by, and under the license of, Verotown
F. Facility Use Costs:
User group is responsible for any and all expenses associated with the use of the
Stadium, including costs imposed by Verotown for use, including, but not limited to,
parking attendants, ticket takers, security personnel, clean-up crews, concession
operations, and utilities, all as set forth in Attachment 1. Verotown may consent to
allow the User Group to procure the aforementioned services directly.
G. Security Deposit:
User group shall post a security deposit in the amount of a minimum of Ten
Thousand Dollars ($10,000) in the form of cash, or a certified or cashier's check
drawn on any United States bank, irrevocable direct pay letter of credit, or surety
bond issued by a surety licensed to issue surety bonds in Florida and included in the
most recent United States Department of the Treasury List of Acceptable Sureties,
each of the foregoing payable to Indian River County to be held by the County, and
in the case of an irrevocable direct pay letter of credit or surety bond, in form and
substance acceptable to the County The County reserves the right to increase the
amount of the required security deposit due to the nature of the event, and the
County shall notify the User group during the review process set forth in paragraph
K2 of the Guidelines of any additional amount of security deposit. The User Group
shall deliver the security deposit to the County Office of Management & Budget no
later than ten (10) business days prior to the event date and, if applicable, execute a
cash escrow agreement between the County and the User Group, in form and
substance acceptable to the County, at the time the security deposit is tendered.
H. Facility Preparation and Cleanup:
Verotown is responsible for all costs associated with the Stadium cleanup. User
Group is responsible for field restoration as set forth in Attachment 1 Verotown
must approve cleanup and restoration. If the user group should fail to restore the
Stadium facility and grounds, Verotown will have the authority to initiate cleanup and
restoration, and any additional costs will be the sole responsibility of the user group,
as set forth in Attachment 1. The County reserves the right to deduct any such
additional costs from the security deposit.
I. Television Rights:
Any recording or taping of the event must have the prior written approval of both
Verotown and the County, which consent may be granted, denied, or conditioned by
either the County or Verotown at their sole respective discretion Nothing contained
herein shall be deemed or construed to require approval by either the County or
Verotown of any recording or taping of the event.
J. Concessions:
Concession sales and operations must either be provided directly by Verotown LLC
or have the prior written consent of Verotown which consent may be granted,
denied, or conditioned by Verotown in its sole discretion. The user group will
reimburse Verotown for any concession service costs incurred by Verotown, as set
forth in Attachment 1.
K. Procedures:
1. A written request must be submitted by the user group's chief executive officer or
board of directors to the County Administrator or his designee at least ninety (90)
days in advance of the requested use date. The request must include the following:
requested date(s) of use, type of event, estimated attendance, purpose, proof of
non-profit status, and a listing of current board of directors and executive director.
The County will coordinate with Verotown to seek the written approval of the
availability of the date(s) from Verotown.
2 Review and approval shall include: County Administrator, Recreation Department,
Risk Management Department, Budget Department, County Attorney and Finance
Department, and the Indian River County Sheriff's Office or the Vero Beach Police
Department. Additional information may be requested during the review process,
including, without limitation, proposed budget and estimated expenses and revenues
for the event. It is the responsibility of the requesting user group to secure all
appropriate approvals.
3. After the County Administrator or designee review, the user group will be notified in
writing, within thirty (30) business days after the date the request was submitted, of
the status of the request; the amount of the required security deposit, the types and
amounts of required insurance coverages; and the date the request will be submitted
for County Commission consideration. The County Administrator or designee will
submit the request to the County Commission. The County Commission may
approve, approve with conditions or deny the request. The approval or disapproval
is at the sole discretion of the County Commission.
4 Execution of an agreement between the County and the user group with respect to
the use of the Stadium; submission of proof of ability to obtain the required
insurance coverages; delivery of security deposit, and, if applicable, execution of a
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cash escrow agreement between the County and the user group; and delivery of
certificates of required insurance coverages.
L. Fiscal Reports:
Fiscal Reports shall not be required to be submitted to the County, provided
however, that within thirty (30) business days of the event, the User Group shall
provide to the County proof of its status as a bone fide non-profit corporation under
Section 501(c)(3) of the Internal Revenue Code.
M. No County Funding:
County contribution is use of the Stadium on the date or dates requested by the user
group. No County funding of any nature whatsoever, cash or in-kind, will be
provided.
N. Permits:
Any and all required permits and licenses and associated costs for use based on the
Indian River County Code of Ordinances, Health Department or any other regulatory
authorities are the sole responsibility of Verotown, LLC. Proof of permits must be
provided no later than thirty (30) calendar days prior to the requested use date to the
County Administrator or his designee. Failure to provide proof of required permits
authorizes the County to remedy the situation including up to termination of the
requested use. Any expenses incurred by the user group associated with the use of
the stadium facilities prior to the time of termination of the requested use pursuant to
this paragraph are the sole responsibility of the user group
O. Cancellation of event
The County, in a declared emergency, may cancel the event at its sole discretion. If
the user group proposes to cancel the use after the County Commission has
approved the application and reserved the date(s), the user group must notify the
County Administrator or his designee and Verotown in writing as soon as possible
prior to the scheduled date of use.
P. Discretion
The County Administrator shall have discretion to waive any procedural, time period
or other such requirement of the Use Guidelines when he/she determines that such
waiver is in the best interests of the County.
Q. Remedies
Failure of the user group to comply with the terms of the agreement authorizes the
County to cancel the event up to the date of the scheduled event, and may prohibit
the use of the Stadium by the user group for future events at the sole discretion of
the County.
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ATTACHMENT 1
Section 6.04. The County's Use of Holman Stadium and the Practice Fields:
The County shall have the right to use Holman Stadium and/or the practice fields, for up
to ten (10) days per Lease Year, together with any use associated with the community's
annual "Harvest Festival" each year, at no charge to the County (other than reimbursing
Verotown, LLC for any operating expenses incurred by Verotown, LLC as a result of the
County's use of Holman Stadium and/or the practice fields). The dates during which the
County may use Holman Stadium and/or the practice fields shall be selected by mutual
agreement of the parties; provided that, if the parties cannot agree on the dates,
Verotown, LLC's reasonable selection of dates shall be final and controlling. Provided,
however, that Verotown, LLC will defer to the County and cooperate in scheduling and
making the Facility available for the community's annual "Harvest Festival." The County
may use Holman Stadium and/or the practice fields only for functions which do not
directly compete with revenue -generating events which have been otherwise arranged
by Verotown, LLC Moreover, the County's use of Holman Stadium and/or the practice
fields must not interfere in any way with Verotown, LLC's use and quiet enjoyment of
the Facility. The County shall not use or authorize the use of Holman Stadium and/or
the practice fields in any manner which would have a material detrimental impact on
Holman Stadium and/or the practice fields, and the County shall be and remain solely
responsible for any damage or destruction to Holman Stadium and/or the practice fields
by the County or its assignee. The County, or its assignee, shall be entitled to retain the
revenues from ticket sales for its events, and concessions sold during the events when
Holman Stadium and/or the practice fields are utilized by the County; provided,
however, that although Verotown, LLC covenants to cooperate with the County in such
endeavors, Verotown, LLC shall not be required to provide concession management
services and/or any other related services during any County event. In all cases,
Verotown, LLC shall be reimbursed by the County for any operating costs and expenses
incurred by Verotown, LLC as a result of the County's use of Holman Stadium and/or
the practice fields, including, but not limited to, the cost of any parking attendants, ticket
takers, security personnel, clean-up crews, and the like provided by Verotown, LLC.
Prior to using Holman Stadium and/or the practice fields as provided herein, the County
shall cause Verotown, LLC to be named as an additional insured on the County's
general liability insurance policy and shall deliver to Verotown, LLC a certificate of
insurance which verifies the existence of the policy and the fact that Verotown, LLC is
named as an additional insured.
Lease Year means a twelve-month period commencing on May 1st of any calendar year
of the Term hereof and ending on April 30th of the following calendar year; provided,
however, that the first Lease Year shall commence as of the Effective Date and end on
the First April 30th following the Effective Date.
1
EXHIBIT 2
INSURANCE REQUIREMENTS
Commercial General Liability with minimum combined single limit of $1,000,000 per occurrence
for bodily injury and property damage to include coverage for premises / operations, products /
completed operations, contractual liability and independent contractors. Workers'
compensation to meet statutory limits in compliance with the Workers' Compensation law of
Florida and Employer's Liability of $100,000 for each accident, $500,000 disease (policy limits)
and $100,000 disease (each employee). Business Auto Liability (if vehicles are involved) with
$1,000,000 combined single limit per occurrence coverage for bodily injury and property
damage. Indian River County is to be an additional insured for CGL and BAL. Verotown, LLC will
also be named as an additional insured on these policies.
SPECIAL PERMIT
TO EXTEND NOISE LIMIT FROM 10 P.M. TO 11 P.M.
Pursuant to Section 38-63 (4) of the City of Vero Beach Code of Ordinances, the
undersigned City Manager hereby grants permission to extend the noise curfew from
10-00p.m. to 11:OOp.m. during the "Step Up America" Hero Appreciation Festival to be
held at Historic Dodgertown/Holman Stadium on Saturday, December 6, 2014. In
addition, if any sound equipment is required to be tested prior to this event, it must be
completed before the 10:00p.m. deadline.
Date:
1
James'R.10'bonnor
Congressional Advisory Board:
Sen. Orrin Hatch (R -UT)
Sen. Roy Blunt (R -MO)
Marsha Blackburn (R -TN)
Michael Burgess, MD (R -TX)
Tom Latham (R -IA)
Meana Ros•Lehtinen (R -FL)
Howard 'Buck" McKeon (R -CA)
Joseph Pitts (R -PA)
Bill Posey (R -FL)
Cathy McMorris Rodgers (R -WA)
Fred Upton (R -MI)
Board of Directors:
Brig. General Donald B. Smith
USA (Ret )
Chairman of the Board
Dr. Henry A. Fischer
President & CEO
General Frederick J. Kroesen
USA (Ret.)
Vice President
Honorable David C. Nolte
Treasurer
Mrs. Betsy Fischer
Secretary
Mr Robert D. Johnson
Director
Honorable Bill McCollum
Director
12 SMA Jack L. Tilley
USA (Ret. )
Director
Chairman Emeritus
In Memoriam:
Admiral Thomas H. Moorer
U.S. Navy
RADM Robert H. Spiro, Jr.
U.S. Navy
Senior Advisory Board:
13" CMSAF Frederick "Jim" Finch
USAF (Ret)
9°i MCPON James Herdt
USN (Ret.)
14' SMMC Alford L McMichael
USMC (Ret.)
8" MCPOCG Vincent W Patton
USCG (RCL)
Governor George Pataki
Mr. Jeff Luther
Mr Xavier Piedra
Executive Director:
Dr James S. Robbins
AMERICAN SECURITY COUNCIL FOUNDATION
Peace th..rcmgh Strength®
www ascfusa.org
info@ascfusa.org
1250 24 th St N W Suite 300 Washington, D C 20037 Phone 202-263-3661 - Fax 202-263-3662
August 12, 2014
Dear Mr. Zito,
The American Security Council Foundation requests the use of Holman
Stadium at Historic Dodgertown and the opportunity to host our Step
Up America Festival on Dec. 6, 2014. The concert will focus attention
on our military and first responders and the important role they play
in the day to day peace and freedom we have as Americans. Most do
not understand that approximately 1% of our population provides so
much for so many.
We have secured Nashville recording artist " The Band Perry" as our
headliner with several additional acts to open the concert.
Please see attached the requested information regarding the event. If
you have any questions regarding the festival please contact the ASCF
Director of Operations Mr. Gary James @ 772-388-2490 (0) or 772-
321-0998 (C).
Again, we appreciate this opportunity and believe this will be a great
avenue to promote our hero's and add a boost to the local economy.
Sincerely,
/7
Dr. Henry A. Fischer
President/CEO
American Security Council Foundation
cc: Mr. Craig Callan
Ms. Jill Krebs
Ms. Gina Ballard
The American Security Council (ound,lt:ion is a 501 (c) (3) lax Exempt Organization establishes in 1958.
Peace through Strength is a registered Trademark of the American Security Council Foundation All rights reserves
AMERICAN SECURITY COUNCIL FOUNDATION
Peace th rc_cugh S trcrigth®
www.ascfusa.org
info@ascfusa org
1250 24 th St N W Suite 300 Washington, D C 20037 Phone 202-263-3661 - Fax 202-263-3662
Event Date;
The Event:
December 6, 2014
This date has been discussed with & reserved
by VeroTown, LLC (Craig Callan)
American Security Council Foundation
presents the
"Step Up America"
Hero's Appreciation
Festival
The event will be used to raise awareness regarding the role of our
Active Duty Military, Veterans, Law Enforcement and First Responders
in our ever changing society.
Beneficiaries: The event beneficiaries will be the UDT/SEAL Trident
House and the ASCF Scholarship Fund.
The UDT/SEAL Trident House is dedicated to those families of U.S.
Navy SEALs who have sacrificed their lives in the line of duty. It is
used by members of current SEAL units, their families and the families
of other Special Operators who have made the ultimate sacrifice.
Proceeds from the ASCF Scholarship Fund go to students whose
parents are either Active Duty Military, Veterans, Law Enforcement or
First Responders.
We are happy to announce that we have secured The Band Perry one
of the hottest country acts in Nashville along with a rising star J T
Hodges and Newton & Thomas with a possible special guest (TBD).
There will be a "VIP Meet & Greet" reception with a silent auction
prior to the show. We are considering an after show party but will
know more about this within the next few weeks.
As with any event of this stature we would hope to sell out but plan on
at least 4500 to attend with a maximum of 6500.
the American Security Council f oundation is a 501 (c) (31 lar Exempt Organization established in 1958.
Ptak, through Strength' is a register _d i r,:,aema: k of the Arnencan Security Council Foundation. All rights reserved
AMERICAN SECURITY COUNCIL FOUNDATION
I'c act. through Strength
www.ascfusa.org
info@ascfusa.org
1250 24 th St N.W Suite 300 Washington, D C 20037 Phone 202-263-3661 - Fax 202-263-3662
Event Site: Holman Stadium at Historic Dodgertown, Vero Beach, FL
Format: See attached timeline
We do request permission to use your concession and
merchandise sales areas. We also request to sell alcohol.
VIP Reception w/ Silent Auction:
Saturday, December 6, 2014 Time: TBD
Join artists for drinks, hors d'oeuvres and silent auction.
Concert: Saturday. December 6, 2014
Please see attached Timeline of Events
Headliner and Opening Act(s)
1) The Band Perry; thefansperry.com
2) J. T. Hodges; jthodges.com
3) Newton & Thomas, newtonandthomas.com
Promoter/Production Manager: Event Manager
Planning Stages ASCF
Claire Armbruster Gary James
P.O. Box 41182 1069 Main Street Ste. 101
Nashville, TN. 37204 Sebastian, FL. 32958
615-509-9797 772-388-2490, 772-388-2492
claire.armbruster@ planningstages.net gjames@ascfusa.org
Website under construction www.ascfusa.org
In addition to the letter, the following items will be required:
X_501(c) (3) documentation
X_$10,000 Security Deposit (payable to Indian River County)
X_Estimated Attendance
Proposed budget
X_Board of Directors listing
X_VeroTown, LLC approval of requested dates
_Insurance as required in Exhibit 2
(due no less than 10 days prior to the event)
X_Alcohol Exemption request (if applicable)
The American Security Courrr.il i ounrauon r5 a 501 (c) (3) lax Cxempt Organization established in 1958
Peace through Strength' is a registered Trademark of the American Security Council Foundation All rights reserved
TY COUNtlf, FOUNDATION
A ct niRouc STRLNO.,
ASCF BOARD OF DIRECTORS
Donald B. Smith
Chairman of the Board
Brig. Gen., USA (Ret.)
141 Dykeman Road
Carmel, NY 10512
Mr. David C. Nolte
Treasurer
900 Royal Palm Place
Vero Beach, FL 32960
Mr. Robert D. Johnson
535 39th Court, SW
Vero Beach, FL 32968
Jack L. Tilley
12th SMA, USA (Ret.)
10865 Hoffner Edge Drive
Riverview, FL 33579
Officers
Dr. Henry A. Fischer
President & CEO
P.O. Box 780068
Sebastian, FL 32978
Mrs. Betsy Fischer
Secretary
P.O. Box 780068
Sebastian, FL 32978
Directors
Frederick J. Kroesen
1St Vice President
General, USA (Ret.)
1250 S. Washington St. #705
Washington, DC 22314
Hon. Bill McCollum
600 Thistlewood Court
Longwood, FL 32779
TY Cat N FOtiSipA IMO
PEAC THROitt H ST
Frederick "Jim" Finch
13th CMSAF, USAF (Ret.)
198 County Road 2765
Mico, TX 78056
Alford McMichael
14th SMMC, USMC (Ret.)
5300 Seminary Road
Alexandria, VA 22311
Mr. Xavier Piedra
27 Farm Road
Sherborn, MA 01770
Senior Advisory Board
James Herdt
9th MCPON, USN (Ret.)
261 Normandy Lane
Chelsea, AL 35043
Hon. George Pataki
30 Rockefeller Plaza, 31St Fl.
New York, NY 10112
Mr. Jeff Luther
P.O. Box 1077
Vero Beach, FL 32961
Vincent W. Patton
8th MCPOCG, USCG (Ret.)
307 Yoakum Parkway #422
Alexandria, VA 22304
7.2120/1.2
FLORIDA
DEPARTMENT
OF REVENUE
85-80150135480-6
Certificate Number
This certifies that
Consumer's Certificate of Exemption
Issued Pursuant to Chapter 212, Florida Statutes
Effective Date
-AMERICAN SECURITY COUNCIL FOUNDATION
1069 MAIN ST STE 10 1 -1 02
SEBASTIAN FL 32958-4084
12/31/2018
Expiration Date
DR -14
R. 04/11
is exempt from the payment of Florida sales and use tax on real property rented, transient rental piz*1`perty'r iited, tangible
personal property purchased or rented, or services purchased.
important Information for Exempt Organizations I
DR -14
R. 04/11
1 You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases.
See Rule 12A-1.038, Florida Administrative Code (F.A.C.).
2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's
customary nonprofit activities.
3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be
reimbursed by the organization.
4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible
personal property, sleeping accommodations, or other real property is taxable. Your organization must register,
and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this
requirement except when they are the lessor of real property (Rule 12A-1.070, F.A.C.).
It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no
circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for
payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree
felony. Any violation will require the revocation of this certificate.
6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Account
Management at 800-352-3671. From the available options, select "Registration of Taxes," then "Registration
Information," and finally "Exemption Certificates and Nonprofit Entities." The mailing address is PO Box 6480,
Tallahassee, FL 32314-6480.
Internal Revenue Service
Date: September 8, 2003
American Security Council Foundation
201 A N. Main St
Culpeper, VA 22701
Dear Sir or Madam:
Department of the Treasury
P. O. Box 2508
Cincinnati, OH 45201
Person to Contact:
Mr. Mason 31-07424
Customer Service Specialist
Toll Free Telephone Number:
8:00 a.m. to 6:30 p.m. EST
877-829-5500
Fax Number:
513-263-3756
Federal identification Number:
36-2416220
This is in response to the amendment to your organization's Articles of incorporation filed with the state on
July 14, 2003. We have updated our records to reflect the name change as indicated above.
In August 1959, we issued a determination letter that recognized your organization as exempt from federal
income tax. Our records indicate that your organization is currently exempt under section 501(c)($) of the
Internal Revenue Code.
Based on information subsequently submitted, we classified your organization as one that is not a private
foundation within the meaning of section 509(a) of the Code because it is an organization described in
section(s) 509(a)(1) and 170(b)(1)(A)(vi).
This classification was based on the assumption that your organization's operations would continue as stated
in the application. If your organization's sources of support, or its character, method of operations, or
purposes have changed, please let us know so we can consider the effect of the change on the exempt status
and foundation status of your organization
Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its
gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th
day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty
of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the
delay.
All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance
Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a
calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act
(FUTA).
Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the
Code. However, these organizations are not automatically exempt from other federal excise taxes.
Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests,
legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift
tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code.
American Security Council Foundation
3:00 pm
4:30 pmto4:45
4:45 pm to 5:55
6:20 pm to 7:30
7:30 pm to 8:00
8:00 pmto9:30
Presents
"STEP UP AMERICA"
HEROES' APPRECIATION
FESTIVAL
"Holman Stadium" at Historic Dodgertown
Vero Beach. FL
Saturday, December 6. 2014
Featuring:
THE BAND PERRY
JT HODGES
Newton & Thomas
w/special guest (TBD)
MC - 94.7 Hot Country Celebrity Host
Broadcasting live interviews and ticket availability
Gates Open
pm — Opening Introductions — TBD
pm — NEWTON & THOMAS
pm — JT HODGES
pm — Special Announcements & Possible In Between Act
pm — THE BAND PERRY