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Home My Public Portal About2009-18 Approving an amendement for use of St Agnes Catholic Church Atheltic FieldRESOLUTION NO. 2009-18 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN AMENDMENT TO THE AGREEMENT FOR USE OF ST. AGNES CATHOLIC CHURCH ATHLETIC FIELD BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE ARCHDIOCESE OF MIAMI; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution 2004-28, the Village Council of the Village of Key Biscayne (the "Village") approved and authorized an Agreement For Use of St. Agnes Catholic Church Athletic Field (the "Agreement") between the Village and the Archdiocese of Miami; and WHEREAS, the Village Council and the Archdiocese of Miami desire to, among other things, extend the term of the Agreement and adjust fees to be paid to the Archdiocese of Miami under the Agreement as particularly described in the Amendment to Agreement for use of St. Agnes Catholic Church Athletic Field attached hereto as Exhibit "A" (the "Amendment"); and WHEREAS, the Village Council finds that approval of the Amendment between the Village and the Archdiocese of Miami is in the best interest of the Village. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. and confirmed. Section 2. Recitals Adopted. That each of the recitals stated above is hereby adopted Amendment Approved. That the Amendment between the Village of Key Biscayne and the Archdiocese of Miami, in substantially the form attached hereto, is hereby approved, and the Village Manager and Village Clerk are authorized, in their respective capacities, to execute the Agreement on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency. Section 3. Implementation. That the Village Manager is hereby authorized to take any necessary action to implement the purposes of this resolution and the Agreement. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 1st day of September, 2009. MAYOR ROBERT L. VERNON CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE AT''OIN EXHIBIT "A" / AMENDMENT TO AGREEMENT FOR USE OF ST. AGNES CATHOLIC CHURCH ATHLETIC FIELD THIS AMENDMENT TO AGREEMENT FOR USE OF ST. AGNES CATHOLIC CHURCH ATHLETIC FIELD (this "Amendment") is entered into as of this day of August, 2009 by and between the VILLAGE OF KEY BISCAYNE ("Village") and THE MOST REVEREND JOHN C. FAVALORA, Archbishop of the Archdiocese of Miami, a (hereinafter the "Owner"). his successors in office, a corporation sole WITNESSETH: WHEREAS, Village and Owner entered into that certain Agreement dated June 23rd, 2004 (the "Agreement") regarding the Village's use of the St. Agnes Catholic Church's athletic field; and WHEREAS, Village and Owner wish to modify the Agreement in accordance with the terms and conditions set forth below. NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the parties do hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein by this reference. All initially capitalized terms used but not otherwise defined herein shall have the meaning ascribed thereto in the Agreement. 2. Owner agrees that the Village has paid the annual license fee under the Agreement entitling the Village to use the St. Agnes Catholic Church's athletic field through September 30, 2009. 3. Section 4 of the Agreement is hereby deleted and replaced as follows: 4. Fees. Beginning October 1, 2009, the Village shall pay the Owner an annual license fee of Fourty Thousand and 00/100 Dollars ($40,000.00) for the licenses granted to Owner herein, which fee shall be paid in equally monthly installments of Three Thousand Thirty -Three and 33/100 Dollars ($3,333.33) on the first day of each month during the Term. For any partial month during the Term, the monthly installment payment of Three Thousand Thirty -Three and 33/100 Dollars ($3,333.33) shall be prorated on a per diem basis based on the number of days in such month. Owner hereby directs the Village to make all payments required hereunder directly to St. Agnes Catholic Church at 100 Harbor Drive, Key Biscayne, Florida 33149. 2 4. Section 3.1 of the Agreement is hereby deleted and replaced as follows: 3.1 The term of this Agreement has previously commenced and shall expire at 11:59 p.m. on September 30, 2014. (the "Initial Term"). 5. Section 3.2 of the Agreement is hereby deleted. 6. The first sentence of Section 24 of the Agreement is hereby deleted and replaced as follows: The Owner or Village shall be entitled to terminate this Agreement for any reason whatsoever upon at least twelve (12) months prior written notice to the Village. To prevent termination of this Agreement during an athletic sport season, this Agreement may only be terminated as of October lst of a particular calendar year (e.g. to terminate the Agreement on October 1, 2012, notice must be given no later than October 1, 2011) 7. In the event of any conflict or ambiguity between the terms and provisions of this Amendment and the terms and provisions of the Agreement, the terms and provisions of this Amendment shall control. 8. Except as otherwise specifically set forth herein, the Agreement is hereby ratified and affirmed and shall remain unmodified and in full force and effect in accordance with its terms. 9. This Amendment may be executed in several counterparts, each of which shall be deemed an original, but all of which, when taken together, shall constitute one and the same instrument. An executed facsimile or electronic copy of this Amendment shall have the same force and effect as an original hereof. [Signatures of parties follow on next page] 3.. IN WITNESS WHEREOF the parties have executed this Amendment as of the date first set forth above. WITNESiSES: OWNER: 4.A.,....... .r_ Pint Name: _Tgrrc # P- :4 vl cct v. � Print Nam :/140/24C- LI,ft-*' Print Name: Print Name: Attest: Village Clerk Approved as to legal form and sufficiency: By: Village • ttor MOST REVEREND JOHN C. FAVALORA, bishop of the Archdiocese of Miami, his successors in office, a corporation sole VILLAGE: VILLAGE • KEY B , CAYNE, a Florida icipal cor oration By: Gen o "Chip" Iglesia Village anager 4 STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) The foregoing Agreement was acknowledged before me this 3/ day of August, 2009 by THE MOST REVERE D JOHN C. FAVALORA, Archbishop of the Archdiocese of Miami, who (check on) [ ` is personally known to me or [ ] has produced a Florida drivers license as identification. STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) SS. Signature of person taking acknowledgment) rid"? ? / ! /hd rdtVi ame of acknowledger t tt; t /Mj' (Title or rank) ti��'�gY Prr��`'4 Comm# DD0678851 ' t Expires 5/28/2011 I tiIV Florida Notary Assn., Inc B 114L a T IT TT_ (Serial number, if any) The foregoing Agreement was acknowledged before me this day of August, 2009 by Genaro "Chip" Iglesias, as Village Manager of the Village of Key Biscayne, a Florida municipal corporation, who (check on) [ is personally known to me or [ ] has produced a Florida drivers license as identification. Notary Public, State of Florida My Commission Expires: