HomeMy Public PortalAbout1994 Agreement between VKB-St Agnes.tif" "
V I L L A G E O F K E Y B I S C A Y N E
V i l l a g e C o u n c i l
J o h n F F e s t a U a y o r
J o e I . R a s c o . L i c e M a y o r
M o r t i m e r F n e d
R a u l l J o r e n t e
B e t h S a m e
R a v m o n a P S u l l i v a n
J o h n W a i l
V i l l a g e M a n a g e r
C S a m u e l K i s s i n g e r
R e v e r e n d F a t h e r J o s e H e r n a n d o
S t . A g n e s C a t h o l i c C h u r c h
1 0 0 H a r b o r D r i v e
K e y B i s c a y n e , F l o r i d a 3 3 1 4 9
D e a r F a t h e r H e r n a n d o :
O f f i c e o f t h e V i l l a g e M a n a g e r
A p r i l 5 , 1 9 9 4
E n c l o s e d p l e a s e f i n d a c o p y o f a n a g r e e m e n t b e t w e e n t h e V i l l a g e a n d t h e D a d e
C o u n t y S c h o o l B o a r d t o l e a s e a p o r t i o n o f t h e s c h o o l p r o p e r t y w h i c h c o n t a i n s t h e
a t h l e t i c f i e l d s w h i c h I b e l i e v e w i l l b e t h e b a s i s f o r a l e a s e b e t w e e n S t . A g n e s a n d t h e
V i l l a g e .
A s s o o n a s y o u h a v e a n o p p o r t u n i t y t o r e v i e w t h e a g r e e m e n t , p l e a s e c o n t a c t m e i n
o r d e r t h a t w e m i g h t o p e n d i s c u s s i o n s f o r a s i m i l a r l e a s e . T h a n k y o u .
V e r y t r u l y y o u r s ,
u e l K i s s i n g e r
V i l l a g e M a n a g e r
C S K / y g
c c : C o u n c i l m a n J o e R a s c o
8 5 W e s t M c I n t y r e S t r e e t " K e y B i s c a y n e . F l o r i d a 3 3 1 4 9 " ( 3 0 5 ) 3 6 5 - 5 5 1 4 " F a x ( 3 0 5 ) 3 6 5 - 5 5 5 6
Saint Agnes Cluirck
100 HARBOR DRIVE - KEY BISCAYNE, FLORIDA 33110
TELEPHONES 361.2361
April 22, 1994
Mr. C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
Dear Mr. Kissinger:
I would like to thank you and the members of your staff who met with us on March 25, 1994,
to discuss the need we have to formalize our relationship with the Village , regarding the use
of our athletic field by the residents of the Village of Key Biscayne, members and non-members
of the Key Biscayne Athletic Club. I acknowledge receipt of your letter enclosing copy of a
sample Lease Agreement. We are in the process of reviewing same.
I was surprised and disturbed when I found out during that meeting that there is no liability
insurance for damage or injury to cover the claims of any person using the athletic field of St
Agnes. This matter must be addressed immediately even before the proposed lease between the
Village and St. Agnes is formalized.
The city must extend immediately its liability insurance to cover the athletic field when used by
others than the students of the St. Agnes School. The Village must indemnify and hold harmless
and defend St. Agnes, from and against any and all claims, suits, actions, damages or causes
of action, arising from or in connection with the use of the St: Agnes athletic field, by any
person, other than the students of St. Agnes, for any personal injury, loss of life or damage to,
property sustained in or about the athletic field, by the action or inaction of those using the
athletic field.
If this insurance is not provided in a short period of time, I will be forced to discontinue the use
of the field by the members and non-members of the Key Biscayne Athletic Club.
Your prompt attention to this matter would be greatly appreciated.
Sincerely yours,
" "
V I L L A G E O F K E Y B I S C A Y N E
V i l l a g e C o u n c i l
J o h n F . F e s t a , M a y o r
J o e I R a s c o , V i c e M a y o r
M o r t i m e r F r i e d
R a u l L l o r e n t e
B e t t y S i m e
R a y m o n d P S u l l i v a n
J o h n W a i d
R e v . J o s e L . H e r n a n d o
1 0 0 H a r b o r D r i v e
K e y B i s c a y n e , F 1 3 3 1 4 9
D e a r R e v . H e r n a n d o :
D e p a r t m e n t o f R e c r e a t i o n
A p r i l 2 7 , 1 9 9 4
T h i s l e t t e r i s i n r e s p o n s e t o y o u r c o n c e r n s r e g a r d i n g l i a b i l i t y i n s u r a n c e c o v e r a g e a t S t . A g n e s
C h u r c h . A s d i s c u s s e d i n t h e m e e t i n g o n M a r c h 2 5 , 1 9 9 4 , t h e K e y B i s c a y n e A t h l e t i c C l u b c a r r i e s
l i a b i l i t y i n s u r a n c e f o r a l l f a c i l i t i e s u s e d d u r i n g s c h e d u l e d p r o g r a m s .
A t t a c h e d i s a c o p y o f t h e l i a b i l i t y p o l i c y f o r t h e L i t t l e L e a g u e B a s e b a l l p r o g r a m c u r r e n t l y
u n d e r w a y . A s y o u c a n s e e , S t . A g n e s i s l i s t e d a s a n a d d i t i o n a l l y i n s u r e d f a c i l i t y o n t h e p o l i c y .
I f y o u h a v e a n y q u e s t i o n s r e g a r d i n g t h i s m a t t e r , p l e a s e f e e l f r e e t o c o n t a c t t h e R e c r e a t i o n
D e p a r t m e n t a t 3 6 5 - 8 9 0 0 .
S i n c e r e l y ,
M i c h a e l B a i n
S p o r t s C o o r d i n a t o r
C F :
C . S a m u e l K i s s i n g e r
L a u r i e T e s s l e r
D e b b i e P o r t e l a
8 5 W e s t M c I n t y r e S t r e e t " K e y B i s c a y n e , F l o r i d a 3 3 1 4 9 " ( 3 0 5 ) 3 6 5 - 8 9 0 0 " F a x ( 3 0 5 ) 3 6 5 - 5 5 5 6
M I S S I O N S T A T E M E N T " T O P R O V I D E A S A F E , Q U A L I T Y C O M M U N I T Y E N V I R O N M E N T F O R A L I I S L A N D E R S T H R O U G H R E S P O N S I B L E G O V E R N M E N T . "
AGENT: BERTHOLON-ROWLAND OF NOIS
DATE !Silt
12/16 3
NEW
REPLACEMENT OF
RENEWAL OFLLB 9 0251.
LITTLE LEAGUE
Item
GEN
DECLARATIONS
BRANCH
260
AL LIABILITY
PREFIX
LLB
POLICY
Policy Number
80-2516137
CNA
Par All the Commitments You Make'
INSURANCE IS PROVIDED BY
Continental Casualty Company
A stock insurance company herein called the company
1.
PRODUCER NO.
079847
NAMED INSURED ADDRESS AND LOCATION OF OPERATIONS
(Number & Street, Town, County, State & Zip Code)
LITTLE LEAGUE BASEBALL RISK PURCHASING GROUP INC.
KEY BISCAYNE LL
MIKE BAIN PRESIDENT
85 WEST MCINTYRE STREET 309--08-•09
KEY BISCAYNE FL 33149
A registered Little League of Little League Baseball, Incorporated of Willamsport,
Pennsylvania
2. POLICY PERIOD
From: 1/01/94 To: 1/01/95
This policy becomes effective and expires at 12:01 a.m.
Standard Time at Your Mailing Address Shown in item 1.
3.
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS CONTAINED HEREIN, WE AGREE WITH
YOU TO PROVIDE THE INSURANCE STATED.
ADDITIONAL INSUREDS, IF ANY, AS RESPECTS PREMISES LOANED, DONATED OR RENTED TO THE NAMED INSURED LITTLE
LEAGUE NAMED IN ITEM 1 OF THESE DECLARATIONS. SHOULD THE POLICY BE CANCELLED WITH RESPECT TO ABOVE NAMED
INSURED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE
ADDITIONAL INSUREDS, IF ANY.
1. DADE COUNTY BOARD OF EDUCATION
2. METRO--DADE COUNTY PARKS DEPARTMENT
3. SAINT AGNES CATHOLIC CHURCH OF KEY BISCAYNE
4. SAINT AGNES ACADEMY OF KEY BISCAYNE
4.
LIMITS OF INSURANCE
COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY EACH OCCURRENCE $i.QQQ.LQQQ
AGGREGATE ii.:.QQQ.,,QQQ
COVERAGE B. HIRED AUTO AND NON -OWNED AUTO LIABILITY EACH OCCURRENCE 11.4.444:044
5.
PROPERTY DAMAGE DEDUCTIBLE APPLICABLE TO: COVERAGE A. $ 250 (PER CLAIM)
FORMS AND ENDORSEMENTS APPLICABLE AT TIME OF ISSUANCE:
IL 0017, G -57751—A, IL 0021, G -58111—A09
G -39543—A
6.
PREMIUM FOR THIS COVERAGE PART Premium payable at inception _14125:W
7.
THESE DECLARATIONS AND THE G AL DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY
CONDITIONS, COVERAGE FORM(S) FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORItA A PART THEREOF,
COMPLETE THE ABOVE NUM LICY.
Date:
Authorized Agent:
i•
DEC 16 19,54_
G -101368-B
ORIGINAL ENSURED
" 1 1 -
L I T T L E L E A G U E B A S E B A L L
0
I N C O R P O R A T E D
W I L U A M S P O N T . P E N N S Y L V A N I A
G R O U P A C C I D E N T I N S U R A N C E P O L I C Y
U N D E R W R I T T E N B Y A M E R I C A N C A S U A L T Y C O .
L E A G U E N A M E K E Y B I S C A Y N E L L .
C I T Y & S T A T E K E Y B I S C A Y N E F " 1 . . . 3 3 1 4 9
L E A G U E
I D E N T I F I C A T I O N 3 0 9 - 0 8 - 0 9
N O .
E F F E C T I V E D A T E 1 9 9 4 S E A S O N
T H I S C A R D C E R T I F I E S T H A T A L L R E G I S T E R E D P L A Y E R S , M A N A G E R S , C O A C H E S ,
U M P I R E S , O F F I C I A L S C O R E R S , P L A Y E R A G E N T S , A N D S A F E T Y O F F I C E R S A R E I N S U N .
E D U N D E R T H E T E R M S O F T H E M A S T E R P O L I C Y I S S U E D 7 0 L I T T L E L E A G U E B A S E l I A L L
I N C O R P O R A T E D .
T H E P E R S O N S I D E N T I F I E D A B O V E A R E E U O I S L E A N D E N T I T L E D T O S U C H S [ N E F R S
A S P R O V I D E D U N D E R P O U C Y F O R M ( P S - 6 1 1 6 7 $ - A ) U N D E R W H I C H T H E Y A R E E N R O L L E D .
C o r d i a l l y ,
C R E I G H T O N J H A L E
P r e s i d e n t a n d C h i e f E x e c u t i v e O f f i c e r
B E N E F I T S
S 1 0 0 . 0 0 0 . 0 0 A c c i d e n t M e d i c a l E x p e n s e B e n e f i t
C o v e r s t h e r e a s o n a b l e e x p e n s e s i n c u r r e d a f t e r a 5 2 5 . 0 0 p e r d a m d e d u c t i b l e f o r
m e d i c a l o r s u r g i c a l t r e a t m e n t . h o s p i t a l c o n f i n e m e n t . x - r a y s o r a m b u l a n c e s e r v m e ,
w i t h i n 5 2 w e e k s a f t e r t h e a c c i d e n t w h i c h a r e n o t p a y a b l e u n d e r a n y o t h e r i n s u r a n c e
c o n t r a c t h o s a e t a l i n s u r a n c e c o n t r a c t , l a b o r - m a m g e m e n t p l a n . g o v e r n m e n t a l
p r o g r a m . c o v e r a g e p r o v i d e d b y s t a t u e o r t h r o u g h a n e d u c a t i o n a l i n s t i t u t i o n s , t h e
P e n n s y l v a n i a M o t o r V e h i c l e F i n a n c i a l R e a p m s r b r h t y L a w o r C a t a s t r o p h i c L a s s
F u n d . H o w e v e r w e w i l l n o t p a y c h a r g e s t h a t a r e I n a p p r o p n a t e o r a r e d e a r l y
c o d e r t c o n t r a r y i t o A o r m a l d d e n a n d M e d i c a l a c c e p t e d b i l l i n g p r a c t i c e s . T h e m a x i m u m b e n e f i t p a y a b l e
B e n e f i t
D e n t a l T r e a t m e n t d e s c r i b e d b e l o w , p e n E x s a l e l b e 5 1 0 0 , 0 0 0 0 . 0 0 i n c l u d i n g t h e D e f e r r e d
D e f e r r e d D e n t a l T r e a t m e n t B e n e f i t
W i t h r e s p e c t t o i n j u r y t o n a t u r a l t e e t h . i f a d e n t i s t c e r t i f i e s t h a t n e c e s s a r y d e a n /
t r e a t m e n t f o r i n j u r y t o n a t u r a l t e e t h m u s t b e p o s t p o n e d b e y o n d t h e 5 2 w e e k p e r i o d
a f t e r t h e m a n e d b e c a u s e o r t h e p h y s i o l o g i c a l c h a n g e s o f a g r o w i n g c h i l d , c o v e r a g e
w i l l b e p r o v i d e d f o r t h e e x p o s a c t u a l l y i n c u r r e d s u b j e c t t o t h e 5 2 5 . 0 0 p e r d a m
d e d u c t i b l e f o r s a c d e f e r r e d t r e a t m e n t n o t t o e x c e e d a t o t a l o f 5 5 0 0 . 0 0 .
S 1 0 . 0 0 0 . 0 0 A c c i d e n t a l D e a t h a n d D i s m e m b e r m e n t B e n e f i t
I f i n j u r y r e s u l t s i n t h e d e a t h o f a c o v e r e d p e r s o n , a b e n e f i t e q u a l t o S 1 0 , 0 0 0 . 0 0
s h a l l b e p a y a t v e .
I f i n j u r y r e s u l t s i n l o s s o f l i m b s o r s i g h t w i t h i n 1 2 0 d a y s a f t e r a n a c c i d e n t , t h e
f o l l o w i n g b e n e f i t s w i l l b e p a i d i n a d d i t i o n t o a n y m e d i c a l e x p e n s e p a y m e n t s :
A n y t w o o f m e t e m e m b e r s h a n d f e d o r e y e s . . . . . S 1 0 , 0 0 0 . 0 0
O n e h a n d . f o o t a e y e . 5 5 , 0 0 0 . 0 0
' L o s s ' s h a d m e a n w i t h r e f e t e a a t o h a n d o r f o o t . a c t u a l s e v e r a n c e t h r o u g h o r
a b o v e t h e w e s t o r a n k l e j o i n t L o s s o f s i g h t i n a n e y e s h a l l m e a n t h e e n u r e a n d
i r r e v o c a b l e l e s s o f s i g h t t h e r e o f .
O n l y o n e b e n e f i t . t h e g r e a t e s t a m o u n t , i s p a y a b l e f o r a l l l o s s e s s u f f e r e d i n a n y o n e
a c c i d e n t
l'tllage Council
John F Festa Ila3'or
Joe I R LSCO I ice Mayor
Mortimer Fned
Raul llorente
BernSime
Ra\ mond P Sullivan
John \k aid
I illage Manager
C Samuel Kissinger
Rev. Jose I. Hernando
Saint Agnes Church
100 Harbor Drive
Key Biscayne, Florida 33149
Dear Father Hernando:
Office of the Village Manager
September 1, 1994
This will acknowledge receipt of your letter dated August 24, 1994 Please be advised
that I plan to present your request to the Council during their September 13, 1994
meeting. After the meeting, I will get back to you with their answer. Thank you.
Very truly yours,
C. Samuel Kissinger
Village Manager
CSK/yg
85 West McIntyre Street • Key Biscayne. Florida 33149 • (305) 365-5514 • Fax (305) 365-5556
V11s'iOA sT1TE\1EV-r TO PROVIDE a 'AFE, QC kLIT% ' \1M VITN EVAIROVA1E\T FOR ALL IsLkNDERS TERM GH RESPONSIBLE GOVERNMENT
Saiirt Agnes Church
100 HARBOR DRIVE - KEY BISCAYNE. FLORIDA 33149
TELEPHONES 361-2351
August 24, 1994
Mr. C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
Dear Mr. Kissinger:
After reviewing your letter of April 27, 1994, and your explanation that
the liability insurance carried by the Key Biscayne Athletic Club solves our
liability problem, please be advised that this coverage is not sufficient for our
liability insurance needs. The policy in question only covers all registered
players, managers, coaches, umpires and other officials and officers of the Little
League Baseball Incorporated.
What about spectators and non -registered players, etc.. who practice in our
field, and what about people playing other sports, like basketball, soccer,
football, etc. I have observed adults playing basketball at night, using the light
of their cars to illuminate the field, and many other adults practicing different
sports. These people are not covered by the Little League Baseball policy.
I hereby request that you provide the proper coverage of our athletic filed,
otherwise, we will be forced to close the use of the field by all persons other than
the students of St. Agnes School.
Your prompt attention to this matter is definitely required.
In connection with the sample Lease Agreement, you provided to us, it is
a good start, provided that the following changes or additions be made:
I. The property being leased is exclusively the athletic field, except
for the playground for children, and the proper legal description
must be provided;
IL The term of the lease is five (5) years, at the option of St. Agnes
Catholic Church (the "Lessor") only. The Lease Agreement may
be extended for another five (5) years, upon the terms to be
determined solely by the Lessor;
III. The demised premises shall be utilized as an athletic area only;
Mr. C. Samuel Kissinger
August 24, 1994
Page 2
IV. The decision of Lessor regarding any approval requested by Lessee
for construction, major repair. alteration or improvements, is final;
V. Lessee does hereby covenant and agrees to pay Lessor as
consideration for the use and occupancy of the demised premises,
the sum of Twelve Thousand Dollars and 00/100 ($12,000.00) per
year, in monthly payments of One Thousand Dollar and 00/100
($1,000.00) per month in advance beginning on the date hereof
and on the same day hereof on each of the following months. If
the Lessor allows the option to review the Lease Agreement for
five (5) more years, the consideration shall be reviewed at that
time; and
VII. Notice to Lessor to:
St. Agnes Catholic Church
100 Harbor Drive
Key Biscayne, Florida 33149
Attention: Rev. Jose L.Hernando
Please prepare a draft of your proposed lease to submit same to the Legal
Department of the Archdiocese of Miami for approval.
Sincerely yours,
Rev. Jose L. Hernando
\J
C \WP\KISSINGE LET{S/24199-14 57}
Department of Recreation
1 Merge (
101111 1 1 eta Valor
10( 1 Ras( 0 1 tr e liar();
Nlortlll f r I rlc(1
Raul I iIrcnte
Bern �nnc
R.n rn0nd1 I' ',din an
John A.11(1
September 20, 1994
To:
From:
C. Samuel Kissinger
Village Manager
Michael Bain "' {
Sports Coordinator
Subject: St. Agnes Fields
The following is a list of items and their cost that were purchased by the Key Biscayne Athletic
Club. These items are located at St. Agnes Academy Fields and are being used by St. Agnes
Academy for their athletic programs.
Bleachers (2)
Player Benches (2)
Softball Backstop
Bases for Softball field
Soccer Goals (2)
Soccer Nets (2)
Water Fountain
$700.00 each
$200.00 each
$4000.00
$220.00 set
$900.00 pair
$75.00 pair
$300.00
Total $7195.00
In July of this year, the basketball backboards were replaced at St. Agnes Academy. These
backboards were paid for by the Village and installed by Village employees at no cost to St.
Agnes. The cost of the backboards were $320.00. The Village also pays $7500.00 annually for
maintenance of the facility.
85 West 'McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-8900 • Fax (305) 305-89;o
V115'+1'1A V11'V11Ni " IO PRUAIUI A,AII O1 \III1 (U).1All'VIlA IAAIRON AIIAI IOIt All I'LAND1125 I11RU1 (,11 ItI 1'1/N,111EI (,()AIILVVI AI
WEISS SEROTA & HELFMAN, P.A.
LILLIAN ARANGO DE LA HOZ
EDWARD G GUEDES
STEPHEN J HELFMAN
GILBERTO PASTORIZA
BARBARA J RIESBERG
ELLEN NOLEN SAUL
GAIL D SEROTA
JOSEPH H SEROTA
RICHARD JAY WEISS
VIA FACSIMILE AND
FIRST CLASS MAIL
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 204
MIAMI, FLORIDA 33133
TELEPHONE (305) 854-0800
TELECOPIER (305) 854-2323
September 28, 1994
Mr. C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
BROWARD OFFICE
888 EAST LAS OLAS BOULEVARD
SUITE 710
FORT LAUDERDALE, FLORIDA 33301
TELEPHONE (305) 763-1189
Re: Lease of Fields at St. Agnes Catholic Church
Dear Sam:
Regarding the captioned matter, this letter is to confirm our
meeting with Father Hernando of St. Agnes Church on Thursday,
October 6, 1994 at the parish office at 9:30 a.m. Also present
will be an attorney representing the church and/or the Archdiocese
of Miami.
Father Hernando indicated that it would be a good idea for the
Village to present a proposal or proposed terms at the meeting,
including rent and basic lease provisions. I will contact you next
week to discuss the terms of the Lease.
Should you have any questions or comments regarding this
matter, please call me.
Sincerely,
/,
Lillian Ara r�+go de
LAD/tms
103.001
September 28, 1994 10:47am
f
/ j '21 -e --_,.-
la I-�oz��
Department of Recreation
1 ,Il ir. &' ( Inc,1
10hn I 1c,1.l .iJa n/
luc l Ra,0 1 ice 11(1)
Mortime r I rigid
Raul I1)r(Ilte
Be tit ~idle
R d 111011,1 P '41111 Ill
101111 \\ did
October 3, 1994
To:
From:
C. Samuel Kissinger
Village Manager
Michael Bain
Sports Coordinator
Subject: Field Use
The following are schedules of the use of fields for Recreation Department use pre -Village Green:
Month
Football
x
1
x
Soccer
x
x
x
x
x
Basball
x
x
x
x
Basketball
x
x
I
2-
1
1 z
After the Village Green becomes available, the Recreation Department will only need St. Agnes
for baseball and basketball.
85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-89OO • Fax (305) 365-89 Wit,
Al 1,1( ,IATFi1LA1 1O PROV 11)1 A 5VI 1, ()I A1I11 ( UAI.AII NI11 FNN IR( \A11I I 1 OR ',LI 1,1 ANN R' 11!ROI (di RI,l'UAtilR1I (.Ol l RN \11 \ I
" "
V I L L A G E O F K E Y B I S C A Y N E
O f f i c e o f t h e V i l l a g e M a n a g e r
V i l l a g e C o u n c i l
J o h n F F e s t a M a y o r
J o e I . R a s c o V i c e . M a y o r
M o r t i m e r F r i e d
R a u l L l o r e n t e
B e r n S r r n e
R a y m o n d P S u l l i v a n
J o h n \ \ a i d
V i l l a g e M a n a g e r
C S a m u e l K i s s i n g e r
R e v . J o s e I . H e r n a n d o
S a i n t A g n e s C h u r c h
1 0 0 H a r b o r D r i v e
K e y B i s c a y n e , F l o r i d a 3 3 1 4 9
D e a r F a t h e r H e r n a n d o :
N o v e m b e r 7 , 1 9 9 4
E n c l o s e d p l e a s e f i n d a c e r t i f i c a t e o f c o v e r a g e n a m i n g S t A g n e s C h u r c h a s a c e r t i f i c a t e
h o l d e r . T h i s i s f o r y o u r i n f o r m a t i o n . I f y o u h a v e a n y q u e s t i o n s , p l e a s e c o n t a c t m y
o f f i c e d i r e c t l y . T h a n k y o u .
V e r y t r u l y y o u r s ,
C . S a m u e l K i s s i n g e r
V i l l a g e M a n a g e r
8 5 W e s t M c I n t y r e S t r e e t " K e y B i s c a y n e , F l o r i d a 3 3 1 - 4 9 " ( 3 0 5 ) 3 6 5 - 5 5 1 4 " F a x ( 3 0 5 ) 3 6 5 - 5 5 5 6
M I S S I O N " T \ T F \ S E N T " T O P R O V I D E V " \ F E 0 I X I I T V C O V \ I I M T V F N V I R O V V I E N T F O R A L L I S L A N D E R S T H R O U G H R E S P O N S I B L E G O V E R N M E N T .
CERTIFICATE OF COVERAGE
Ca,1 hcate Holder
SAINT AGNES CHURCH
HARBOR DRIVE
KEY BISCAYNE FL 33149
Administrator Issue Date 11/1/94 NTT
Florida League of Cities, inc.
Public, Risk Services
P.O. Box 530065
Orlando, Florida 32853-0065
Cov RAGES
THIS is `0 CER "IFY THAT THE A0PEEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERM F.PICATED NOTWITHSTANO,NG ANY
REOIJIHEMENT TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH 1HIS CERTI,ICA`E MAY BE issuE0 Oct MAY PERTAIN THE COVERAGE
AFFORDED BY THE AGAEEMENT OESCAHBEO HEREIN IS SUBJECT TO ALL THE TEAMS EXCLUSIONS AND CONDITIONS OF SUCH AGPEEMENT
COVERAGE PROVIDED BY FLORIDA MUNICIPAL INSURANCE TRUST
AGREEMENT NUMBER: EMIT 298
COVERAGE PERIOD: FROM 10/1/94
COVERAGE PERIOD- TO 9/30/95 12 00 Midnight Standard Timis
TYPE OF COVERAGE - LIABILITY
General Liability
Comprehensive General Liability
Damage and Personal Injury
® Errors and Omissions Liability
® Employee Benefits Program Administration
® Medical Attendants'/Medical Directors'
Bodily Injury, Property
Liability
Malpractice Liability
Hazard
Combined Single Limit
Pass)
Combined Single Limit
TYPE
OF COVERAGE • PROPERTY
L 1 Basic Form
• Buildings
Personal
III Special Form
Property
Basic Form
0 Spacial Farm
tal Broad Form Property Damage
II
Agreed Amount
® Law Enforcement Liability
LTI Underground Explosion & Collapse
lfl
Limits o! Liability
S100,000 Each Person or *
$200 000 Each Occurrence
Deductible J.,, _
Automobile Liability
® Ail owned Autos (Pnv Pass)
In All owned Autos (Other than Priv
® Hired Autos
Non -Owned Autos
Limits of Liability
$1001)00 Each Person or '
$200000 Each Occurrence
Deductible $
� Deductible $
[]Coinsurance _ %
U Blan ket
Li Specific
`Replacement Cost
Actual Cash Value
�Miscallaneous
r inland Marina
1__I Electronic Data Processing
Ill Bond
1:1
Limits of Liability on File with Administrator
Automobile/Equipment - Deductible
Physical Damage $ Comprehensive - Auto $ Collision - Auto $ Miscellaneous Equipment
Other
*The limit of liability is 5100,000 Bodily Injury and/or Property Damage per person or $200,000 Bodily Injury and/or Property Damage per occurrence
These specific limits of liability are increased to $5,000,000 (combined single limit) per occurrence solely for any liability resulting from entry of a claims
bill pursuant to Section 768 28 (5) Florida Statutes or liability imposed pursuant to Federal Law or actions outside the State of Florida
Description of Operations/Locatrons/Vehicles/5peelai Items
Re Use of facilities for after school programs.
THIS CERTIFICATE 15 ISSUED AS A MATTER of INFORMATION ONLY AND CONFERS NO RIGHTS VFON THE CERTIFICATE HOLDER, T1115 CERTIFICATE DOE5 NOT AMEND, EXTEND OR
ALTER 1145 COVERAGE AFFORDED BY THE AGREEMENT ABOVE
DESIGNATED MEMBER
All N. JACK NEUSTADT
VILLAGE OF KEY BISCAYNE
85 WEST MCINTYRE STREET
KEY BISCAYNE FL 33149
CANCEL1AT10NS
SHOULD ANV PART OR THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE
THE EXPIRATION DATE T.IEPEOE, TWE iS5U1N0 EOMPANv WILL ENDEAVOR TO MAIL is
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE BUT FAI LL RE TO
MAI_ SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON
THE PROGRAM, as AGENTS OR REPRESENTATIVES
_______' ; '
AUTHORtZEOO REPRESSENNTTA 1VE
EMIT-CErn 10/992)
WEISS SEROTA & HELFMAN, P.A.
LILLIAN ARANGO DE LA HOZ
EDWARD G GUEDES
STEPHEN J HELFMAN
GILBERTO PASTORIZA
BARBARA J RIESBERG
ELLEN NOLEN SAUL
GAIL D. SEROTA
JOSEPH H SEROTA
RICHARD JAY WEISS
VIA HAND DELIVERY
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 204
MIAMI, FLORIDA 33133
TELEPHONE (305) 854-0800
TELECOPIER (305) 854-2323
December 12, 1994
Mr. C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
BROWARD OFFICE
888 EAST LAS OLAS BOULEVARD
SUITE 710
FORT LAUDERDALE, FLORIDA 33301
TELEPHONE (305) 763-1189
Re: Lease of Playing Fields at St. Agnes Catholic Church
Dear Sam:
Enclosed you will find a first draft of the Lease Agreement
between St. Agnes Catholic Church and the Village of Key Biscayne
for the lease of the playing fields on the Church's property.
As I mentioned to you in our telephone conversation last week,
we will need a legal description of the "Demised Premises" to be
attached as Exhibit "A" to the Lease. If no legal description
currently exists, and if neither party wishes to pay to have a
legal description prepared, it might be sufficient to graphically
illustrate the location of the Demised Premises on an existing
survey of the Church property.
Please call me if you have any comments or questions about the
enclosed draft, or if you would like me to forward copies of the
Lease to either the Church or the Archdiocese.
7
Gail D. Serota
GDS/cf
Enclosures
cc: Richard Jay Weiss, Esq.
103.001
First Draft 12/12/94
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease") , made and entered into this
day of , 1994, by and between St. Agnes
Catholic Church (the "Lessor"), and the Village of Key Biscayne, a
municipal corporation of the State of Florida (the "Lessee").
W ITNESSET H:
WHEREAS, Lessor and Lessee are mutually interested in
providing recreational programs, activities and facilities for the
use and benefit of the people of the Village of Key Biscayne; and
WHEREAS, Lessor owns certain recreational property capable of
being utilized at mutually suitable times for Lessee's programs;
and
WHEREAS, it has become desirable and necessary for Lessee to
utilize Lessor's property as a playground, athletic field and
recreational area in connection with Lessee's educational and
recreational objectives; and
WHEREAS, these objectives may be best achieved through joint
and coordinated action of Lessor and Lessee in making Lessor's
property available for such purposes in the most cost effective
manner; and
WHEREAS, Lessee, by the adoption of Resolution , at its
meeting on , has approved this Agreement; and
WHEREAS, Lessor has authorized the lease of its property in
accordance with this Lease.
1
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter contained and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Premises to be Leased. Lessor hereby leases to Lessee
the real property located in the Village of Key Biscayne, Dade
County, Florida and more particularly described in Exhibit
attached hereto (the "Demised Premises").
2. Term of Lease. The term of this Lease (the "Lease Term")
shall be five (5) years commencing on the day of
IIAII
1994. At the option of Lessor, the Lease Term may be extended for
an additional five (5) years, upon terms and conditions to be
mutually agreed upon by Lessee and Lessor, provided Lessee gives
written notice to Lessor of its desire to extend the Lease Term not
later than ninety (90) days prior to the expiration of the initial
Lease Term.
3. Rent. Lessee shall pay rent to Lessor in the amount of
Six Thousand Dollars ($6,000.00) per year for each year of the
Lease Term. Rent shall be payable in monthly installments of Five
Hundred Dollars ($500.00), with the first installment due on
and each subsequent installment due on the
day of each month thereafter until the end of the Lease Term or
any extension or renewal thereof. Rent shall be paid to Lessor at
the following address:
St. Agnes Catholic Church
100 Harbor Drive
Key Biscayne, Florida 33149
2
4. Use of Property.
4.1 Lessee and Lessor to Use Demised Premises. The
specific area to be used by Lessee shall be limited to the Demised
Premises as identified in Exhibit "A", including all recreational
facilities located therein. Lessor reserves full control, custody,
right and use of the Demised Premises during Lessor's regular
school hours on regular school days and at all other times required
by Lessor for the operation of school activities. Should Lessor
require use of the Demised Premises for any time other than regular
school hours on regular school days, Lessor will provide Lessee
with a minimum of seventy-two (72) hours prior written notice.
Lessee shall have full control, custody, right and use of the
Demised Premises for the public at all other times. Lessee may,
without securing additional permission from Lessor, allow the
Demised Premises to be utilized by not -for-profit organizations
that are sanctioned by the Village of Key Biscayne, during Lessee's
period of use. In this eventuality, Lessee shall be responsible
for all use, maintenance, risk management and other terms and
conditions as outlined in this Lease as if the Demised Premises
were being used by Lessee. Lessor and Lessee shall be entitled to
make application to the other party for use of the Demised Premises
during the period of use normally associated with the other party.
Lessee may promulgate and enforce reasonable rules and regulations
governing the aforementioned use of the Demised Premises. However,
use by Lessee may not interfere with Lessor's planned use of the
Demised Premises, especially for the school's pre -scheduled
3
athletic events and community school programs.
4.2 Permitted Uses. The Demised Premises shall be
utilized as a playground, athletic and recreation area, as well as
for any related activities sanctioned in writing by Lessor, and for
no other purpose.
4.3 Supervision. Lessee shall provide adequate
supervision of the recreational facilities on the Demised Premises
at all times that Lessee conducts activities sponsored, controlled
or sanctioned by the Village of Key Biscayne.
4.4 Prohibited Uses. The use of the Demised Premises
for carnivals, fairs, exhibits, mechanical rides, midways, or the
same or similar kinds of activities is expressly prohibited. The
sale of alcoholic beverages, either by Lessee or any other party,
is expressly prohibited. The sale of food, drink or other
merchandise on the Demised Premises, either by Lessee or any other
party, is permitted only with the prior written approval of Lessor,
which approval shall not be unreasonably withheld.
5. Construction of Improvements by Lessor. Lessor reserves
the right to construct recreational facilities and to maintain
equipment related to the construction of said facilities on the
Demised Premises at such times as it shall be in the best interest
of Lessor to do so. Lessor shall provide Lessee with prior written
notice of its intent to construct facilities on the Demised
Premises.
5.1 Portable Classrooms. Lessor reserves the right to
place portable classrooms and to maintain equipment related to the
4
installation of said classrooms on the Demised Premises at such
times as it shall be in the best interest of Lessor to do so. At
such time as the portable classrooms are installed, they, along
with the area immediately surrounding same, may be excluded from
this Agreement upon mutual accord of both Lessor and Lessee,
through the execution of an amendment to the Lease.
6. Construction of Improvements by Lessee. Lessee shall
have the right to construct recreational facilities on the Demised
Premises at such time as Lessee determines it to be in the best
interest of the community, subject to the prior written approval of
Lessor, which approval shall not be unreasonably withheld. Such
improvements are to be at the sole cost and expense of Lessee.
Notwithstanding the foregoing, nothing contained herein shall
obligate Lessee to construct any improvements upon the Demised
Premises.
6.1 Approval of Plans. Lessee agrees that no
construction, major repairs, alterations or improvements may be
undertaken by it upon the Demised Premises until plans have been
submitted to and approved by Lessor. Plans shall be reviewed by
Lessor in a timely manner, and Lessor's approval of plans shall not
be unreasonably withheld. All plans shall be in compliance with
all applicable State, County, and Village rules and regulations.
6.2 Ownership of Improvements. Upon the termination,
cancellation or expiration of this Lease or any extension thereof,
all permanent improvements constructed or installed by Lessee, in
their then existing conditions, shall become the property of
5
Lessor.
6.3 Indemnification. Lessee covenants and agrees that
it shall indemnify, hold harmless and defend Lessor from and
against any and all claims, liens, suits, actions or causes of
action arising out of or in connection with the construction costs
and expenses of any improvements constructed by Lessee during the
Lease Term.
7. Liability for Personal Injury.
7.1 Limitation of Lessor's Liability. Lessor shall not
be liable for any damage or injury which may be sustained by Lessee
or any persons on the Demised Premises during the Lease Term, other
than damage or injury resulting from the negligence or improper
conduct on the part of Lessor, its agents, representatives or
employees, or failure of Lessor to perform its covenants under this
Lease.
7.2 Limitation of Lessee's Liability. Lessee shall not
be liable for any damage or injury which may be sustained by Lessor
or any persons on the Demised Premises during the Lease Term, other
than damage or injury resulting from the negligence or improper
conduct on the part of Lessee, its agents, representatives or
employees.
8. Indemnification. Lessee covenants and agrees that it
shall indemnify, hold harmless and defend Lessor from and against
any and all claims, suits, actions, damages or causes of action
arising from or in connection with Lessee's use and occupancy of
the Demised Premises during the Lease Term, subject to the
6
limitations included within Florida Statutes Section 768.28.
Lessor covenants and agrees that it shall indemnify, hold
harmless and defend Lessee from and against any and all claims,
suits, actions, damages or causes of action arising from or in
connection with Lessor's use and occupancy of the Demised Premises
during the Lease Term, subject to the limitations included within
Florida Statutes Section 768.28.
9. Utilities. Lessee shall pay for all utilities consumed
on the Demised Premises as well as all connection and installation
charges therefor, if any, incidental to Lessee's use.
10. Maintenance of Demised Premises. Responsibility for the
maintenance of the Demised Premises shall be as follows:
10.1 Lessor's Responsibilities.
10.1.1 removal of trash or litter generated
during the period of Lessor's use;
10.1.2 repair of equipment or facilities
necessitated exclusively by Lessor's actions;
10.1.3 perimeter fence repair;
10.1.4 trim, maintain and replace trees;
10.1.5 maintain swale area adjacent to existing
school facility;
10.2 Lessee's Responsibilities.
10.2.1 mowing, edging and trimming of field;
10.2.2 maintain swale area contiguous to Demised
Premises;
10.2.3 removal of trash or litter generated
7
during the period of Lessee's use, including the trash or litter
left on the Demised Premises over the weekend;
10.2.4 repair of equipment or facilities located
on the Demised Premises necessitated exclusively by Lessee's
actions;
10.2.5 maintain ballfield, including backstop and
player benches;
10.2.6 annual or seasonal fertilizing, weed and
insect control of turf;
10.2.7 provide sand -clay, grading and contouring
of ballfield one time per year;
10.2.8 weed control along ballfield fence.
10.3 Rules and Regulations. Lessor reserves the right to
promulgate and enforce reasonable rules and regulations regarding
the responsibility for maintenance of the Demised Premises.
11. Damage or Destruction. In the event that all or a
portion of the Demised Premises should be destroyed or damaged by
fire, windstorm or other casualty so as to be rendered untenantable
or unfit for the purposes of Lessee, Lessor
option, either cancel this Lease or repair the
In the event that Lessor elects to repair the
may, at
Demised
Demised
its sole
Premises.
Premises,
rent shall be abated for the period of time the Demised Premises
are not usable by Lessee. Should Lessor not effect the required
repairs within sixty (60) days of the casualty, then Lessee may
cancel this Lease by giving ten (10) days written notice to Lessor.
Any unearned rent prepaid by Lessee shall be refunded to Lessee
8
upon cancellation of the Lease.
12. Assignment and Subletting of Premises. Lessee shall not,
at any time during the Lease Term, sublet the Demised Premises or
assign this Lease or any portion thereof.
13. Default Provisions.
13.1 Default by Lessee. Lessor shall provide Lessee with
written notice of any failure to perform or comply with the terms
and conditions contained herein to be performed by Lessee. If
Lessee fails to cure said default within thirty (30) days after
receipt of written notice, or fails to provide Lessor with a
written response within thirty (30) days after receiving
notification, indicating the status of Lessee's resolution of the
default and providing for a schedule to correct all deficiencies,
Lessor shall have the right to terminate this Lease upon ten (10)
days additional written notice to Lessee.
13.2 Default by Lessor. Lessee shall provide Lessor with
written notice of any failure to perform or comply with the terms
and conditions contained herein to be performed by Lessor. If
Lessor fails to cure said default within thirty (30) days of
receipt of written notice, or fails to provide Lessee with a
written response within thirty (30) days after receiving
notification, indicating the status of Lessor's resolution of the
default and providing for a schedule to correct all deficiencies,
Lessee shall have the right to terminate this Lease upon ten (10)
days additional written notice to Lessor.
14. Termination. Either party shall have the right to cancel
9
this Lease by giving the other party written notice not less than
ninety (90) days prior to the effective date of such cancellation.
15. Surrender of Premises. Upon termination of this Lease by
lapse of time or otherwise, Lessee shall promptly and peacefully
surrender and deliver possession of the Demised Premises to Lessor
in accordance with the covenants herein contained.
16. Successors and Assigns. This Lease shall be binding upon
the parties hereto, their heirs, executors, legal representatives,
successors and assigns.
17. Inspection of Premises. Lessee agrees to permit Lessor's
designee to enter upon the Demised Premises during the Lease Term
for any purpose Lessor deems necessary, provided Lessor does not
unreasonably interfere with or unduly burden Lessee's operations.
18. Advertising. Lessee shall not permit any signs or
advertising matter to be placed on any portion of the Demised
Premises except with the prior written approval of Lessor, which
approval shall not be unreasonably withheld.
19. Notices. All notices or other communications which shall
or may be given pursuant to this Lease shall be in writing and
shall be delivered by hand delivery, by Federal Express or another
overnight mail service, or by certified mail, return receipt
requested, addressed to the parties at their respective addresses
indicated below or as the same may be changed in writing, from time
to time. Such notice shall be deemed given on the day of delivery
or refusal of delivery, or if by mail, on the fifth day after being
posted or the date of actual receipt, whichever is earlier.
10
19.1 Notice to Lessee:
The Village of Key Biscayne
Attention: Village Manager
85 W. McIntyre Street
Key Biscayne, Florida 33149
19.2 Notice to Lessor:
St. Agnes Catholic Church
100 Harbor Drive
Key Bicayne, Florida 33149
Attn: Reverend Jose L. Hernando
20. Taxes. Should the Demised Premises become subject to ad
valorem taxation, Lessee shall pay one-half of the taxes and Lessor
shall pay one-half.
21. Amendments. Lessor and Lessee, by mutual agreement,
shall have the right but not the obligation to amend this Lease.
Such amendments shall be effective only when in writing and signed
by both Lessor and Lessee and shall be incorporated as part of this
Lease.
22. Construction of Agreement. This Lease shall be construed
and enforced according to the laws of the State of Florida.
23. Severability. In the event any paragraph, clause or
sentence of this Lease or any future amendment is declared invalid
by a court of competent jurisdiction, such paragraph, clause or
sentence shall be stricken from the Lease and the balance of the
Lease shall not be affected by the deletion thereof.
24. Compliance with Federal, State and Local Laws. Both
parties hereby agree that they shall comply with all applicable
laws, ordinances and codes of Federal, State and local governments,
including the Americans with Disabilities Act, as they apply to
11
this Lease.
25. Waiver. No waiver of any provision hereof shall be
deemed to have been made unless such waiver be in writing and
signed by the party granting the waiver. The failure of either
party to insist upon strict performance of any of the provisions or
conditions of this Lease shall not be construed as waiving or
relinquishing in the future any such covenants or conditions but
the same shall continue and remain in full force and effect.
26. Entire Agreement. This Lease represents the total
agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have individually,
through their proper officials, executed this Lease the day and
year first hereinabove written.
LESSEE: LESSOR:
THE VILLAGE OF KEY BISCAYNE ST. AGNES CATHOLIC CHURCH
By: By:
ATTEST:
Village Clerk
APPROVED AS TO FORM:
Village Attorney
12
010
FT
LEASE AGREEMENT
First Draft 12/12/94
THIS LEASE AGREEMENT (the "Lease"), made and entered into this
day of
, 1994, by and between St. Agnes
t
Catholic Church (the "Lessor"), and the Village of Key B. .- '. &.
/t; 07- Fut ea p t „E. _ k `/
Etatco f Florida (tee "Lessee").
W I T N E S S E T H:
WHEREAS, Lessor and Lessee are mutually interested in
providing recreational programs, activities and facilities for the
use and benefit of the people of the Village of Key Biscayne; and
WHEREAS, Lessor owns certain recreational property capable of
being utilized at mutually suitable times for Lessee's programs;
and
WHEREAS, it has become desirab e and necessary for Lessee to
utilize Lessor's property as 'a pla round, athletic field and
recreational area in connection with Lessee's educational and
recreational objectives; and
WHEREAS, these objectives may be best achieved through joint
and coordinated action of Lessor and Lessee in making Lessor's
property available for such purposes in the most cost effective
manner; and
Mc'i irA,
WHEREAS, Lessee, by the adoption of Resat-ien
meeting on
, has approved this Agreement; and
at its
WHEREAS, Lessor has authorized the lease of its property in
accordance with this Lease.
1
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter contained and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Premises to be Leased. Lessor hereby leases to Lessee
the real property located in the Village of Key Biscayne, Dade
County, Florida and more particularly described in Exhibit
attached hereto (the "Demised Premises").
2. Term of Lease. The term of this Lease (the "Lease Term")
shall be five (5) years commencing on the day of
ItAll
1994. At the option of Lessor, the Lease Term may be extended for
an additional five (5) years, upon terms and conditions to be
mutually agreed upon by Lessee and Lessor, provided Lessee gives
written notice to Lessor of its desire to extend the Lease Term not
later than ninety (90) days prior to the expiration of the initial
Lease Term.
3. Use of Property.
3.1 Lessee and Lessor to Use Demised Premises. The
specific area to be used by Lessee shall be limited to the Demised
Premises as identified in Exhibit "A", including all recreational
facilities located therein. Lessor reserves full control, custody,
right and use of the Demised Premises during Lessor's regular
school hours on regular school days and at all other times required
by Lessor for the operation of school activities. Should Lessor
require use of the Demised Premises for any time other than regular
school hours on regular school days, Lessor will provide Lessee
2
with a minimum of seventy-two (72) hours prior written notice.
Lessee shall have full control, custody, right and use of the
Demised Premises for the public at all other times. Lessee may,
without securing additional permission from Lessor, allow the
Demised Premises to be utilized by not -for-profit organizations
Spell 0,r
that are sanctioned by the Z7illag�-ai fey Biscayne, during Lessee's
period of use. In this eventuality, Lessee shall be responsible
for all use, maintenance, risk management and other terms and
conditions as outlined in this Lease as if the Demised Premises
were being used by Lessee. Lessor and Lessee shall be entitled to
make application to the other party for use of the Demised Premises
during the period of use normally associated with the other party.
Lessee may promulgate and enforce reasonable rules and regulations
governing the aforementioned use of the Demised Premises. However,
use by Lessee may not interfere with Lessor's planned use of the
Demised Premises, especially for the school's pre -scheduled
athletic events and community school programs.
3.2 Permitted Uses. The Demised Premises shall be
utilized as a playground, athletic and recreation area, as well as
for any related activities sanctioned in writing by Lessor, and for
no other purpose.
3.3 Supervision. Lessee shall provide adequate
supervision of the recreational facilities on the Demised Premises
at all times that Lessee conducts activities sponsored, controlled
13--Q
or sanctioned by the
3.4 Prohibited Uses. The use of the Demised Premises
3
for carnivals, fairs, exhibits, mechanical rides, midways, or the
same or similar kinds of activities is expressly prohibited. The
sale of alcoholic beverages, either by Lessee or any other party,
is expressly prohibited. The sale of food, drink or other
merchandise on the Demised Premises, either by Lessee or any other
party, is permitted only with the prior written approval of Lessor,
which approval shall not be unreasonably withheld.
4. Construction of Improvements by Lessor. Lessor reserves
the right to construct recreational facilities and to maintain
equipment related to the construction of said facilities on the
Demised Premises at such times as it shall be in the best interest
of Lessor to do so. Lessor shall provide Lessee with prior written
notice of its intent to construct facilities on the Demised
Premises.
5. Construction of Improvements by Lessee. Lessee shall
have the right to construct recreational facilities on the Demised
Premises at such time as Lessee determines it to be in the best
interest of the community, subject to the prior written approval of
Lessor, which approval shall not be unreasonably withheld. Such
improvements are to be at the sole cost and expense of Lessee.
Notwithstanding the foregoing, nothing contained herein shall
obligate Lessee to construct any improvements upon the Demised
Premises.
5.1 Approval of Plans. Lessee agrees that no
construction, major repairs, alterations or improvements may be
undertaken by it upon the Demised Premises until plans have been
4
submitted to and approved by Lessor. Plans shall be reviewed by
Lessor in a timely manner, and Lessor's approval of plans shall not
be unreasonably withheld. All plans shall be in compliance with
all applicable State, County, and Village rules and regulations.
5.2 Ownership of Improvements. Upon the termination,
cancellation or expiration of this Lease or any extension thereof,
all permanent improvements constructed or installed by Lessee, in
their then existing conditions, shall become the property of
Lessor.
5.3 Indemnification. Lessee covenants and agrees that
it shall indemnify, hold harmless and defend Lessor from and
against any and all claims, liens, suits, actions or causes of
action arising out of or in connection with the construction costs
and expenses of any improvements constructed by Lessee during the
Lease Term.
6. Liability for Personal Injury.
6.1 Limitation of Lessor's Liability. Lessor shall not
be liable for any damage or injury which may be sustained by Lessee
or any persons on the Demised Premises during the Lease Term, other
than damage or injury resulting from the negligence or improper
conduct on the part of Lessor, its agents, representatives or
employees, or failure of Lessor to perform its covenants under this
Lease.
6.2 Limitation of Lessee's Liability. Lessee shall not
be liable for any damage or injury which may be sustained by Lessor
or any persons on the Demised Premises during the Lease Term, other
5
than damage or injury resulting from the negligence or improper
conduct on the part of Lessee, its agents, representatives or
employees.
7. Indemnification. Lessee covenants and agrees that it
shall indemnify, hold harmless and defend Lessor from and against
any and all claims, suits, actions, damages or causes of action
arising from or in connection with Lessee's use and occupancy of
the Demised Premises during the Lease Term, subject to the
limitations included within Florida Statutes Section 768.28.
Lessor covenants and agrees that it shall indemnify, hold
harmless and defend Lessee from and against any and all claims,
suits, actions, damages or causes of action arising from or in
connection with Lessor's use and occupancy of the Demised Premises
during the Lease Term, subject to the limitations included within
Florida Statutes Section 768.28.
8. Utilities. Lessee shall pay for all utilities consumed
on the Demised Premises as well as all connection and installation
charges therefor, if any, incidental to Lessee's use.
9. Maintenance of Demised Premises. Responsibility for the
maintenance of the Demised Premises shall be as follows:
9.1 Lessor's Responsibilities.
9.1.1 removal of trash or litter generated
during the period of Lessor's use;
9.1.2 repair of equipment or facilities
necessitated exclusively by Lessor's actions;
9.1.3 perimeter fence repair;
6
9.1.4 trim, maintain and replace trees;
9.1.5 maintain swale area adjacent to existing
school facility;
9.2 Lessee's Responsibilities.
9.2.1 mowing, edging and trimming of field;
9.2.2 maintain swale area contiguous to Demised
Premises;
9.2.3 removal of trash or litter generated
during the period of Lessee's use, including the trash or litter
left on the Demised Premises over the weekend;
9.2.4 repair of equipment or facilities located
on the Demised Premises necessitated exclusively by Lessee's
actions;
9.2.5 maintain ballfield, including backstop and
player benches;
9.2.6 annual or seasonal fertilizing, weed and
insect control of turf;
9.2.7 provide sand -clay, grading and contouring
of ballfield one time per year;
9.2.8 weed control along ballfield fence;
9.2.9 upgrade the field.
9.3 Rule and Regulations. Lessor reserves the right to
promulgate and enforce reasonable rules and regulations regarding
the responsibility for maintenance of the Demised Premises.
10. Damage or Destruction. In the event that all or a
portion of the Demised Premises should be destroyed or damaged by
7
fire, windstorm or other casualty so as to be rendered untenantable
or unfit for the purposes of Lessee, Lessor may, at its sole
option, either cancel this Lease or repair the Demised Premises.
Should Lessor not effect the required repairs within sixty (60)
days of the casualty, then Lessee may cancel this Lease by giving
ten (10) days written notice to Lessor. Any unearned rent prepaid
by Lessee shall be refunded to Lessee upon cancellation of the
Lease.
11. Assignment and Subletting of Premises. Lessee is allowed
to sublet for events and is allowed to receive income from
subletting, except for the annual carnival.
12. Default Provisions.
12.1 Default by Lessee. Lessor shall provide Lessee with
written notice of any failure to perform or comply with the terms
and conditions contained herein to be performed by Lessee. If
Lessee fails to cure said default within thirty (30) days after
receipt of written notice, or fails to provide Lessor with a
written response within thirty (30) days after receiving
notification, indicating the status of Lessee's resolution of the
default and providing for a schedule to correct all deficiencies,
Lessor shall have the right to terminate this Lease upon ten (10)
days additional written notice to Lessee.
12.2 Default by Lessor. Lessee shall provide Lessor with
written notice of any failure to perform or comply with the terms
and conditions contained herein to be performed by Lessor. If
Lessor fails to cure said default within thirty (30) days of
8
receipt of written notice, or fails to provide Lessee with a
written response within thirty (30) days after receiving
notification, indicating the status of Lessor's resolution of the
default and providing for a schedule to correct all deficiencies,
Lessee shall have the right to terminate this Lease upon ten (10)
days additional written notice to Lessor.
13. Surrender of Premises. Upon termination of this Lease by
lapse of time or otherwise, Lessee shall promptly and peacefully
surrender and deliver possession of the Demised Premises to Lessor
in accordance with the covenants herein contained.
14. Successors and Assigns. This Lease shall be binding upon
the parties hereto, their heirs, executors, legal representatives,
successors and assigns.
15. Inspection of Premises. Lessee agrees to permit Lessor's
designee to enter upon the Demised Premises during the Lease Term
for any purpose Lessor deems necessary, provided Lessor does not
unreasonably interfere with or unduly burden Lessee's operations.
16. Advertising. Lessee shall permit signs or advertising
matter to be placed on any portion of the Demised Premises.
17. Notices. All notices or other communications which shall
or may be given pursuant to this Lease shall be in writing and
shall be delivered by hand delivery, by Federal Express or another
overnight mail service, or by certified mail, return receipt
requested, addressed to the parties at their respective addresses
indicated below or as the same may be changed in writing, from time
to time. Such notice shall be deemed given on the day of delivery
9
or refusal of delivery, or if by mail, on the fifth day after being
posted or the date of actual receipt, whichever is earlier.
17.1 Notice to Lessee:
Th llage of Ke ne
Attentio . lage Manager
85 W. ntyre ;-t
Biscayne, Florida 149
17.2 Notice to Lessor:
St. Agnes Catholic Church
100 Harbor Drive
Key Bicayne, Florida 33149
Attn: Reverend Jose L. Hernando
18. Taxes. Should the Demised Premises become subject to ad
valorem taxation, Lessee shall pay one-half of the taxes and Lessor
shall pay one-half.
19. Amendments. Lessor and Lessee, by mutual agreement,
shall have the right but not the obligation to amend this Lease.
Such amendments shall be effective only when in writing and signed
by both Lessor and Lessee and shall be incorporated as part of this
Lease.
20. Construction of Agreement. This Lease shall be construed
and enforced according to the laws of the State of Florida.
21. Severability. In the event any paragraph, clause or
sentence of this Lease or any future amendment is declared invalid
by a court of competent jurisdiction, such paragraph, clause or
sentence shall be stricken from the Lease and the balance of the
Lease shall not be affected by the deletion thereof.
22. Compliance with Federal, State and Local Laws. Both
parties hereby agree that they shall comply with all applicable
10
laws, ordinances and codes of Federal, State and local governments,
including the Americans with Disabilities Act, as they apply to
this Lease.
23. Waiver. No waiver of any provision hereof shall be
deemed to have been made unless such waiver be in writing and
signed by the party granting the waiver. The failure of either
party to insist upon strict performance of any of the provisions or
conditions of this Lease shall not be construed as waiving or
relinquishing in the future any such covenants or conditions but
the same shall continue and remain in full force and effect.
24. Entire Agreement. This Lease represents the total
agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have individually,
through their proper officials, executed this Lease the day and
year first hereinabove written.
LESSEE: LESSOR:
THE VILLAGE OF KEY BISCAYNE ST. AGNES CATHOLIC CHURCH
By: By:
ATTEST:
Village Clerk
APPROVED AS TO FORM:
11
Second Draft 12/13/94
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease") , made and entered into this
day of , 1994, by and between St. Agnes
Catholic Church (the "Lessor"), and the Village of Key Biscayne, a
municipal corporation of the State of Florida (the "Lessee").
W ITNESSET H:
WHEREAS, Lessor and Lessee are mutually interested in
providing recreational programs, activities and facilities for the
use and benefit of the people of the Village of Key Biscayne; and
WHEREAS, Lessor owns certain recreational property capable of
being utilized at mutually suitable times for Lessee's programs;
and
WHEREAS, it has become desirable and necessary for Lessee to
utilize Lessor's property as a playground, athletic field and
recreational area in connection with Lessee's educational and
recreational objectives; and
WHEREAS, these objectives may be best achieved through joint
and coordinated action of Lessor and Lessee in making Lessor's
property available for such purposes in the most cost effective
manner; and
WHEREAS, Lessee, by the adoption of Resolution , at its
meeting on , has approved this Agreement; and
WHEREAS, Lessor has authorized the lease of its property in
accordance with this Lease.
1
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter contained and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Premises to be Leased. Lessor hereby leases to Lessee
the real property located in the Village of Key Biscayne, Dade
County, Florida and more particularly described in Exhibit
attached hereto (the "Demised Premises").
2. Term of Lease. The term of this Lease (the "Lease Term")
shall be five (5) years commencing on the day of
IIATT
1994. At the option of Lessor, the Lease Term may be extended for
an additional five (5) years, upon terms and conditions to be
mutually agreed upon by Lessee and Lessor, provided Lessee gives
written notice to Lessor of its desire to extend the Lease Term not
later than ninety (90) days prior to the expiration of the initial
Lease Term.
3. Rent. Lessee shall pay rent to Lessor in the amount of
Six Thousand Dollars ($6,000.00) per year for each year of the
Lease Term.
Rent shall be payable in monthly installments of Five
Hundred Dollars ($500.00), with the first installment due on
and each subsequent installment due on the
day of each month thereafter until the end of the Lease Term or
any extension or renewal thereof. Rent shall be paid to Lessor at
the following address:
St. Agnes Catholic Church
100 Harbor Drive
Key Biscayne, Florida 33149
2
4. Use of Property.
4.1 Lessee and Lessor to Use Demised Premises. The
specific area to be used by Lessee shall be limited to the Demised
Premises as identified in Exhibit "A", including all recreational
facilities located therein. Lessor reserves full control, custody,
right and use of the Demised Premises during Lessor's regular
school hours on regular school days and at all other times required
by Lessor for the operation of school activities. Should Lessor
require use of the Demised Premises for any time other than regular
school hours on regular school days, Lessor will provide Lessee
with a minimum of seventy-two (72) hours prior written notice.
Lessee shall have full control, custody, right and use of the
Demised Premises for the public at all other times. Lessee may,
without securing additional permission from Lessor, allow the
Demised Premises to be utilized by not -for-profit organizations
that are sanctioned by the Village of Key Biscayne, during Lessee's
period of use. In this eventuality, Lessee shall be responsible
for all use, maintenance, risk management and other terms and
conditions as outlined in this Lease as if the Demised Premises
were being used by Lessee. Lessor and Lessee shall be entitled to
make application to the other party for use of the Demised Premises
during the period of use normally associated with the other party.
Lessee may promulgate and enforce reasonable rules and regulations
governing the aforementioned use of the Demised Premises. However,
use by Lessee may not interfere with Lessor's planned use of the
Demised Premises, especially for the school's pre -scheduled
3
athletic events and community school programs.
4.2 Permitted Uses. The Demised Premises shall be
utilized as a playground, athletic and recreation area, as well as
for any related activities sanctioned in writing by Lessor, and for
no other purpose.
4.3 Supervision. Lessee shall provide adequate
supervision of the recreational facilities on the Demised Premises
at all times that Lessee conducts activities sponsored, controlled
or sanctioned by the Village of Key Biscayne.
4.4 Prohibited Uses. The use of the Demised Premises
for carnivals, fairs, exhibits, mechanical rides, midways, or the
same or similar kinds of activities is expressly
sale of alcoholic beverages, either by Lessee or
is expressly prohibited. The sale of food,
prohibited. The
any other party,
drink or other
merchandise on the Demised Premises, either by Lessee or any other
party, is permitted only with the prior written approval of Lessor,
which approval shall not be unreasonably withheld.
5. Construction of Improvements by Lessor. Lessor reserves
the right to construct recreational facilities and to maintain
equipment related to the construction of said facilities on the
Demised Premises at such times as it shall be in the best interest
of Lessor to do so. Lessor shall provide Lessee with prior written
notice of its intent to construct facilities on the Demised
Premises.
5.1 Portable Classrooms. Lessor reserves the right to
place portable classrooms and to maintain equipment related to the
4
installation of said classrooms on the Demised Premises at such
times as it shall be in the best interest of Lessor to do so. At
such time as the portable classrooms are installed, they, along
with the area immediately surrounding same, may be excluded from
this Agreement upon mutual accord of both Lessor and Lessee,
through the execution of an amendment to the Lease.
6. Construction of Improvements by Lessee. Lessee shall
have the right to construct recreational facilities on the Demised
Premises at such time as Lessee determines it to be in the best
interest of the community, subject to the prior written approval of
Lessor, which approval shall not be unreasonably withheld. Such
improvements are to be at the sole cost and expense of Lessee.
Notwithstanding the foregoing, nothing contained herein shall
obligate Lessee to construct any improvements upon the Demised
Premises.
6.1 Approval of Plans. Lessee agrees that no
construction, major repairs, alterations or improvements may be
undertaken by it upon the Demised Premises until plans have been
submitted to and approved by Lessor. Plans shall be reviewed by
Lessor in a timely manner, and Lessor's approval of plans shall not
be unreasonably withheld. All plans shall be in compliance with
all applicable State, County, and Village rules and regulations.
6.2 Ownership of Improvements. Upon the termination,
cancellation or expiration of this Lease or any extension thereof,
all permanent improvements constructed or installed by Lessee, in
their then existing conditions, shall become the property of
5
Lessor.
6.3 Indemnification. Lessee covenants and agrees that
it shall indemnify, hold harmless and defend Lessor from and
against any and all claims, liens, suits, actions or causes of
action arising out of or in connection with the construction costs
and expenses of any improvements constructed by Lessee during the
Lease Term.
7. Liability for Personal Injury.
7.1 Limitation of Lessor's Liability.
Lessor shall not
be liable for any damage or injury which may be sustained by Lessee
or any persons on the Demised Premises during the Lease Term, other
than damage or injury resulting from the negligence or improper
conduct on the part of Lessor, its agents, representatives or
employees, or failure of Lessor to perform its covenants under this
Lease.
7.2 Limitation of Lessee's Liability. Lessee shall not
be liable for any damage or injury which may be sustained by Lessor
or any persons on the Demised Premises during the Lease Term, other
than damage or injury resulting from the negligence or improper
conduct on the part of Lessee, its agents, representatives or
employees.
8. Indemnification. Lessee covenants and agrees that it
shall indemnify, hold harmless and defend Lessor from and against
any and all claims, suits, actions, damages or causes of action
arising from or in connection with Lessee's use and occupancy of
the Demised Premises during the Lease Term, subject to the
6
limitations included within Florida Statutes Section 768.28.
Lessor covenants and agrees that it shall indemnify, hold
harmless and defend Lessee from and against any and all claims,
suits, actions, damages or causes of action arising from or in
connection with Lessor's use and occupancy of the Demised Premises
during the Lease Term, subject to the limitations included within
Florida Statutes Section 768.28.
9. Utilities. Lessee shall pay for all utilities consumed
on the Demised Premises as well as all connection and installation
charges therefor, if any, incidental to Lessee's use.
10. Maintenance of Demised Premises. Responsibility for the
maintenance of the Demised Premises shall be as follows:
10.1 Lessor's Responsibilities.
10.1.1 removal of trash or litter generated
during the period of Lessor's use;
10.1.2 repair of equipment or facilities
necessitated exclusively by Lessor's actions;
10.1.3 perimeter fence repair;
10.1.4 trim, maintain and replace trees;
10.1.5 maintain swale area adjacent to existing
school facility;
10.2 Lessee's Responsibilities.
10.2.1 mowing, edging and trimming of field;
10.2.2 maintain swale area contiguous to Demised
Premises;
10.2.3 removal of trash or litter generated
7
during the period of Lessee's use, including the trash or litter
left on the Demised Premises over the weekend;
10.2.4 repair of equipment or facilities located
on the Demised Premises necessitated exclusively by Lessee's
actions;
10.2.5 maintain ballfield, including backstop and
player benches;
10.2.6 annual or seasonal fertilizing, weed and
insect control of turf;
10.2.7 provide sand -clay, grading and contouring
of ballfield one time per year;
10.2.8 weed control along ballfield fence.
10.3 Rules and Regulations. Lessor reserves the right to
promulgate and enforce reasonable rules and regulations regarding
the responsibility for maintenance of the Demised Premises.
11. Damage or Destruction. In the event that all or a
portion of the Demised Premises should be destroyed or damaged by
fire, windstorm or other casualty so as to be rendered untenantable
or unfit for the purposes of Lessee, Lessor may, at its sole
option, either cancel this Lease or repair the Demised Premises.
In the event that Lessor elects to repair the Demised Premises,
rent shall be abated for the period of time the Demised Premises
are not usable by Lessee. Should Lessor not effect the required
repairs within sixty (60) days of the casualty, then Lessee may
cancel this Lease by giving ten (10) days written notice to Lessor.
Any unearned rent prepaid by Lessee shall be refunded to Lessee
8
upon cancellation of the Lease.
12. Assignment and Subletting of Premises. Lessee shall not,
at any time during the Lease Term, sublet the Demised Premises or
assign this Lease or any portion thereof.
13. Default Provisions.
13.1 Default by Lessee. Lessor shall provide Lessee with
written notice of any failure to perform or comply with the terms
and conditions contained herein to be performed by Lessee. If
Lessee fails to cure said default within thirty (30) days after
receipt of written notice, or fails to provide Lessor with a
written response within thirty (30) days after receiving
notification, indicating the status of Lessee's resolution of the
default and providing for a schedule to correct all deficiencies,
Lessor shall have the right to terminate this Lease upon ten (10)
days additional written notice to Lessee.
13.2 Default by Lessor. Lessee shall provide Lessor with
written notice of any failure to perform or comply with the terms
and conditions contained herein to be performed by Lessor. If
Lessor fails to cure said default within thirty (30) days of
receipt of written notice, or fails to provide Lessee with a
written response within thirty (30) days after receiving
notification, indicating the status of Lessor's resolution of the
default and providing for a schedule to correct all deficiencies,
Lessee shall have the right to terminate this Lease upon ten (10)
days additional written notice to Lessor.
14. Termination. Either party shall have the right to cancel
9
this Lease by giving the other party written notice not less than
ninety (90) days prior to the effective date of such cancellation.
15. Surrender of Premises. Upon termination of this Lease by
lapse of time or otherwise, Lessee shall promptly and peacefully
surrender and deliver possession of the Demised Premises to Lessor
in accordance with the covenants herein contained.
16. Successors and Assigns. This Lease shall be binding upon
the parties hereto, their heirs, executors, legal representatives,
successors and assigns.
17. Inspection of Premises. Lessee agrees to permit Lessor's
designee to enter upon the Demised Premises during the Lease Term
for any purpose Lessor deems necessary, provided Lessor does not
unreasonably interfere with or unduly burden Lessee's operations.
18. Advertising. Lessee shall not permit any signs or
advertising matter to be placed on any portion of the Demised
Premises except with the prior written approval of Lessor, which
approval shall not be unreasonably withheld.
19. Notices. All notices or other communications which shall
or may be given pursuant to this Lease shall be in writing and
shall be delivered by hand delivery, by Federal Express or another
overnight mail service, or by certified mail, return receipt
requested, addressed to the parties at their respective addresses
indicated below or as the same may be changed in writing, from time
to time. Such notice shall be deemed given on the day of delivery
or refusal of delivery, or if by mail, on the fifth day after being
posted or the date of actual receipt, whichever is earlier.
10
19.1 Notice to Lessee:
The Village of Key Biscayne
Attention: Village Manager
85 W. McIntyre Street
Key Biscayne, Florida 33149
19.2 Notice to Lessor:
St. Agnes Catholic Church
100 Harbor Drive
Key Bicayne, Florida 33149
Attn: Reverend Jose L. Hernando
20. Amendments. Lessor and Lessee, by mutual agreement,
shall have the right but not the obligation to amend this Lease.
Such amendments shall be effective only when in writing and signed
by both Lessor and Lessee and shall be incorporated as part of this
Lease.
21. Construction of Agreement. This Lease shall be construed
and enforced according to the laws of the State of Florida.
22. Severability. In the event any paragraph, clause or
sentence of this Lease or any future amendment is declared invalid
by a court of competent jurisdiction, such paragraph, clause or
sentence shall be stricken from the Lease and the balance of the
Lease shall not be affected by the deletion thereof.
23. Compliance with Federal, State and Local Laws. Both
parties hereby agree that they shall comply with all applicable
laws, ordinances and codes of Federal, State and local governments,
including the Americans with Disabilities Act, as they apply to
this Lease.
24. Waiver. No waiver of any provision hereof shall be
deemed to have been made unless such waiver be in writing and
11
signed by the party granting the waiver. The failure of either
party to insist upon strict performance of any of the provisions or
conditions of this Lease shall not be construed as waiving or
relinquishing in the future any such covenants or conditions but
the same shall continue and remain in full force and effect.
25. Entire Agreement. This Lease represents the total
agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have individually,
through their proper officials, executed this Lease the day and
year first hereinabove written.
LESSEE: LESSOR:
THE VILLAGE OF KEY BISCAYNE ST. AGNES CATHOLIC CHURCH
By: By:
ATTEST:
Village Clerk
APPROVED AS TO FORM:
Village Attorney
h:\users\gall\keybiscayne\stagnes3.les
12
St. Agnes Academy
122 Harbor Drive
Key Biscayne, FL 33149
361-3245
Mr. John Festa, Mayor
village Council Members
Key Biscayne, FL 33149
January 17, 1995
Dear Mr. Festa and Members of the Village Council,
On behalf of our pastor, Fr. Jose Hernando, and
St. Agnes Academy Home and School Association, I am writing
to make the following request:
We have been advised that this year, in order to obtain
a permit for our Annual Festival, we must obtain signatures
from not only our immediate neighbors on Harbor Drive but
from families on Buttonwood as well, affirming that they have
no objection to our holding the Festival on St. Agnes field
as we have done for the past three years. (see attached)
My request is that you waive the signature ordinance of
the Dade County Code since "time is of the essence" in
obtaining the permit. Our Festival is scheduled to be held
on Friday, February 3 from 5:00 p.m. - 10:00 p.m., Saturday,
February 4 from 12:30 - 10:00 p.m. and Sunday, February 5
from 12:30 - 10:00 p.m.
All of us will be most grateful to you for anything you
can do to ease this restriction. We offer the Festival to
the community of Key Biscayne as a very special weekend for
all our families; and we are eager for this one to be as
successful as those in the past.
Sincerely yours,
Sheila T. Cruse
Principal
cc: Mr. Sam Kissinger
January 17, 1995
On Tuesday, January 3rd Ruth Gonzalez spoke with John Little
asking what was required to receive a permit for the
St. Agnes Festival to be held on February 3, 4, and 5, 1995.
John Little, who is the Village of Key Biscayne Building,
Zoning and Planning Director, said, "All you need is to fill
out the Permit Registration and present an architectural
design." He further stated it was not necessary to present
it to the Village Council meeting on Tuesday, but to just
make an appointment with him.
The appointment was made for Wednesday, January 12 at
10:30 a.m. After presenting the signed and filled out permit
and the architectural design as well as the insurance forms
from both the school and Amusements of America, Mr. Little
began searching in a Book of Rules where he came across a
paragraph stating that signatures must be obtained from the
homes around St. Agnes Academy as well as signatures from
7-11, the Oasis, Stefano's, the entire shopping center in
that area as well as the Presbyterian Church and St. Christo-
pher's Church as soon as possible in order to present it to
the council. In addition, an electrician from the Village
must make an inspection before the Festival opens.
M E M 0
TO: Sam Kissinger, Village Manager
FROM: Steve Simon, KBAC President
DATE: 8/29/97
SUBJECT: Lease Agreement - Church
141st)
�- add permission to put up sign(s) - e.g., KBAC
? - delete 90 day out clause (see page 9 item #14)
- ainst proselytizing
'/- KBAC is allowed to sublet for events and get the income from
subletting (except for the annual carnival) (see page 9 item #12)
add that Village will upgrade the field
44-(1- on page two lease refers to exhibit "A" - but it is not attached
J- delete rent (page two)
j - delete 5.1 (portable classrooms)
s- e- FMe cif
w. 1;1,/ fiEms � "'9 /o i'ejvT 6n ?.9ge S /Tcr? ,(
NON EXCLUSIVE SPACE USAGE AGREEMENT AND LICENSE
THIS LICENSE AGREEMENT (hereinafter the Agreement ) is made as of
this lst day of April 2002 by and between the ARCHDIOCESE OF MIAMI, INC
a Florida not for profit corporation (heremafter the Licensor ) and the VILLAGE
OF KEY BISCAYNE a Florida municipal corporation (hereinafter the Licensee )
RECITALS
1 Licensor is the owner of fee simple title to certain real property located
in the Village of Key Biscayne known as St Agnes Catholic Church (the Church )
2 Licensor desires to grant Licensee a license to use the Premises (as
defined below) pursuant to the terms and conditions of this Agreement
NOW, THEREFORE m consideration of the mutual promises set forth herein
and other good and valuable consideration the receipt and sufficiency of which is
hereby acknowledged by the parties Licensor hereby licenses to licensee on a non
exclusive basis the use of the athletic fields and basketball courts excluding the
pavilion playground and parking lot at the Church (hereinafter the Premises ) located
m the Village of Key Biscayne County of Miami Dade State of Florida having an
address of 100 Harbor Drive Key Biscayne Florida 33049
1 TERM Licensor licenses the use of the Premises to Licensee for the
following dates and times commencing upon April 1 2002 until September 30 2002
(the Term ) with annual renewals as described below except as this Agreement may
otherwise be terminated m accordance with its terms This Agreement shall
automatically renew for one (1) year Terms thereafter (i e October 1 to September 30)
until such time as this Agreement is terminated in accordance with its terms The
definition of "Term shall include all annual renewal terms During the Term
Licensee shall be permitted to use the Premises on weekend days and on weekdays
following use of the Premises by the Church for after school athletic activities as shown
on the schedule attached hereto as Exhibit "A as well as such other times as mutually
agreed to in writing by the parties subject to availability Each day following the
Church s after school athletic activities at the times shown on Exhibit A the
Licensee shall have control and responsibility of the Premises The Licensee agrees to
provide its Pohce Department with a schedule indicating dates and times of usage of the
Premises by the Licensee Upon execution of this Agreement Licensee shall receive
keys necessary to access the Premises Licensee is authorized to provide copies of such
keys to its Fire and Police Departments
2 USAGE FEES Licensee shall owe Licensor an annual license fee of
Thirty Six Thousand and 00/100 Dollars ($36 000 00) for use of the Premises which
annual license fee shall be paid ui equal monthly installments of Three Thousand and
00/100 Dollars ($3 000 00) on the first day of each month during the Term For any
Term including the initial Term that does not constitute an entire year the annual
license fee shall be prorated for the actual number of months or any portion thereof
during such Term Licensor hereby directs Licensee to make all payments required
hereunder directly to the Church Licensee s use of the Premises shall not constitute a
tenancy of any kmd and this Agreement is not a lease
3 USE OF PREMISES
a Licensor covenants that it is the owner of the Premises located in
Miami Dade County Florida and that said Premises are in good repair and suitable for
Licensee s purposes described herein Except as may be otherwise provided m this
Agreement during the Term Licensor shall mamtam the Premises in good repair and
suitable for Licensee s purposes as described herein
b During the Term of this Agreement the Licensee shall have the non
exclusive use of the Premises for the following purpose(s) To use the athletic fields
and basketball courts for organized recreational purposes such as softball and
basketball games Notwithstanding the foregoing while the parties acknowledge and
agree that the license granted hereunder is non exclusive in nature durmg the times
designated for use by the Licensee hereunder Licensee shall have sole and
uninterrupted use and control of the Premises
c Licensee agrees to restrict its use to such purposes and not to use or
permit the use of the Premises for any other purpose without first obtaining the consent
of the Licensor Licensor and Licensee acknowledge and agree that Licensee s use of
the Premises shall include use of the Prenuses by members of the general public
participating in organized recreational programs and events admnnstered or sponsored
by Licensee as well as other organizations entities and persons who have separate
written agreements with Licensee and which have received the prior written consent of
the Licensor such consent not to be reasonably withheld or delayed Without limiting
the foregoing the Church acknowledges and agrees that the Key Biscayne Athletic Club
( KBAC ) is permitted to use the Premises pursuant to a separate written agreement
between the Village and KBAC
d The Licensee covenants and agrees
(i) To Maintain Premises After each use of the Premises
Licensee will clean up any garbage left on the Premises by Licensee and its agents
servants invitees and employees
(u) Conditions of Premises To quit and surrender said
Premises and all equipment therein to Licensor at the end of said term in the same
condition as the date of the commencement of this agreement ordinary use and wear
thereof only excepted
2
(m) Rules and Regulations To abide by and conform to
reasonable rules and regulations from tune to time adopted or prescribed by the
Licensor for the governance and management of Premises
(iv) Liability To save the Licensor harmless from and to
indemnify it against any claim or hability for any use arising in connection with the use
of the Premises by Licensee its agents servants invitees and employees Licensee
further agrees to hold Licensor harmless for any injury loss or damage to any person
or property on the Premises or by virtue of any act error or omission of Licensee
except to the extent the same is caused by or results from the carelessness negligence
or improper conduct of Licensor its agents or employees The obligations of Licensee
under this paragraph are subject to the provisions and monetary limitations of Section
768 28 Florida Statutes as amended or superseded
(v) Amounts Due To pay Licensor on demand any sum
which may be due to Licensor for additional service accommodations or materials
furnished or loaned by Licensor at the actual cost thereof
(vi) Alcoholic beverages To not cause or allow alcoholic
beverages of any kind to be sold given away or used upon the Premises except after
obtaining the express written consent of Licensor In such event Licensee shall possess
the necessary liquor license and permit
(vii) Prohibited Activities In connection with the exercise of
its nghts hereunder during its period of usage the Licensee shall not allow or peiiiut
upon the Premises dogs any type of skating (i e rollerskatmg rollerblading and
skateboarding) or vehicles other than vehicles of Licensee
(vin) Improvements To make only those alterations additions
or improvements m to or about the Premises which have been approved m advance
and in writing by Licensor Licensor hereby gives the Licensee the right but not the
obligation to install and maintain temporary backstops and base cut outs for the baseball
field provided that such do not unreasonably interfere with the after school athletic
activities of the Church At the end of each season the Licensee shall be responsible
for returning the Premises to the condition existing prior to such season ordinary wear
and tear excepted Upon execution of this Agreement Licensor shall provide Licensee
with storage space underneath the outdoor air conditioning units in a location and
manner as mutually agreed to by the Parties As soon after the execution of this
Agreement as practicable Licensor shall mstall and maintain during the Term a
drinking fountain adjacent to the baseball field
(ix) Damage to Premises (a) To assume full responsibility
for the character acts and conduct of persons admitted to Premises including damage
to any portion of the Premises of any equipment therein (b) to not injure nor mar nor
3
m any manner deface said Premises or any equipment contained therein and to not
cause or permit anything to be done whereby the said Premises or equipment contained
therein shall be in any manner injured marred or defaced and to not drive or permit
to be driven nails hooks tacks or screws into any part of said building or equipment
contained therein and to not make nor allow to be made any alterations of any kind to
said building or equipment contained therein and to not make nor allow to be made any
alternations of any kind to said building or equipment contained herein (c) that if said
Premises or any portion of said budding or any equipment contained therein during the
term of this Agreement shall be damaged by the act default or negligence of Licensee
or of the Licensee s agents employees patrons guests or of any person admitted to
said Premises Licensee shall cause the Premises and/or equipment to be returned to
their condition as existed immediately prior to such damage The Licensee hereby
assumes full responsibility for the character acts and conduct of all persons admitted to
said premises or to any portion of said building by the consent of the said Licensee or
by or with the consent of any person acting for or m behalf of said Licensee The
obligations of Licensee under this paragraph are subject to the provisions and monetary
limitations of Section 768 28 Florida Statutes as amended or superseded
4 ORDINANCES AND STATUTES Licensee shall comply with all
applicable statutes ordinances and requirements of all municipal state and federal
authorities now in force or which may hereinafter be in force pertaining to the
Premises occasioned by or affecting the use thereof by Licensee
5 ASSIGNMENT AND SUBLICENSING Licensee shall not assign this
Agreement or sublicense any portion of the Premises
6 ENTRY AND INSPECTION Licensee s use of the Premises is non
exclusive and Licensor may enter at any time and for any purpose while Licensee is
utilizing the Premises or at any other time
7 NUISANCE Licensee shall not use the Premises for any unlawful
purpose or m anyway which will constitute a nuisance or unreasonably interfere with
Licensor s use of the Premises
8 LIABILITY/INDEMNIFICATION OF LICENSOR Except to the
extent caused by the negligent or willful acts or omissions of Licensor it is expressly
understood and agreed by and between the parties hereto that m no case shall the said
Licensor be liable to said Licensee or any other person or persons for any injury loss
and/or damage to any person or property on the Premises or by virtue of any act error
or omission of Licensee whether the same is caused by or results from the
carelessness negligence or improper conduct of the Licensee its agents or employees
or otherwise the said Licensee hereby takrng all risk
9 INDEPENDENCE OF LICENSEE It is expressly understood and
agreed by and between the parties hereto that Licensee is not owned operated
4
sponsored affiliated or otherwise under the direction or control of Licensor Licensor
has no authonty or control over any aspect of Licensee s operations except as provided
in this Agreement Licensee is an entity entirely independent of Licensor related only
by the independent contractual terms of this Agreement
10 WARRANTIES BY THE LICENSOR It is further expressly
understood and agreed by and between the parties hereto that this Agreement does not
contain or embody and shall not be construed to contain or embody and implied
covenant warranty or agreement on the part of the Licensor and there are no verbal
agreements whatever between the Licensor and Licensee and no agreements nor
covenants exist between them except those representations warranties and agreements
expressed in writing in this instrument
11 INSURANCE The Licensee at its cost shall provide liability coverage
in the amount of One Million and No Cents ($1 000 000 00) Dollars per occurrence
and Three Million and No Cents ($3 000 000 00) Dollars m the aggregate
All insurance shall be placed with companies admitted to do business in
the State of Florida or which shall have an AM Best rating of at least an A The
Licensor must be a certificate holder on any policy or insurance purchased by the
Licensee in compliance with this Agreement and it is entitled to receive a copy of any
policies of insurance within thirty (30) days of the effective date of the pohcy The
Licensee shall obtain the insurer s agreement to give not less than thirty (30) days
advance notice to the Licensor before cancellation expiration or alteration of any policy
of insurance The Licensee agrees to maintain such policies of insurance during the
term of this Agreement and any failure to do so will constitute a breach of the terms of
the Agreement Licensor shall be named as an additional insured and said policy will
be primary over any other collectible msurance for any liability arising out of claims in
connection with this Agreement
12 DEFAULT If Licensee or Licensor fails to abide by and perform all
covenants stipulations and conditions of this Agreement the non defaulting party may
at its option following written notice to the defaulting party specifying the alleged
default and failure of the defaulting party to cure the alleged default within thirty days
of such notice terminate and end this Agreement and the license hereby granted an all
rights and interest of the Licensee thereunder forthwith The forgoing shall be in
addition to and not preclude either party from availing itself of all rights and remedies
available at law or in equity
13 EXPIRATION At the expiration or termination of this Agreement as
herem provided the Licensee will within 24 hours remove any of Licensee s property
located at the Premises Additionally Licensee shall surrender Premises in the same
condition as when it took possession ordinary wear and tear excepted
5
14 NOTICES Any notice which either party may or is required to give
shall be given in writing and shall be given by mailing the same certified mail return
receipt requested postage prepaid or by hand delivery or by overnight courier
service to Licensee at the address shown below or Licensor at the address shown
below or at such other places as may be designated by the parties from time to time
Notices may also be delivered by facsimile provided such notice is also sent by one of
the methods m the preceding sentence
If to Licenssee
Village of Key Biscayne
Attn Director Recreation Department
85 West McIntyre Street
Key Biscayne Florida 33149
If to Licensor
Archdiocese of Miami Inc
c/o Very Reverend Jose Luis Hernando V F
St Agnes Church
100 Harbor Drive
Key Biscayne Florida 33149
In addition to being the addressee for notices to the Licensee the principal contract for
Licensee m connection with this Agreement is the Director of the Recreation
Department which is currently Todd Hofferberth
15 GOVERNING LAW AND VENUE Agreement shall be governed by
the laws of the State of Flonda and venue for the enforcement of this Agreement shall
be m Miami Dade County Florida
16 SEVERABILITY AND ENFORCEABILITY The terms of this
Agreement are severable and in the event that any specific term herein is determined to
be unenforceable the remainder of the Agreement shall remain in full force and effect
17 ENTIRE AGREEMENT The foregomg constitutes the entire
Agreement between the parties and may be modified only by in writing signed by both
parties
18 THIRD PARTY BENEFICIARIES Neither Licensor nor Licensee
intends to directly or substantially benefit a third party by this Agreement Therefore
the parties agree that there are no third party beneficiaries to this Agreement and that
no third party shall be entitled to assert a claim against either of them based upon this
Agreement mcluding but not limited to KBAC
6
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals the day and year first above written
WITNESSES
Print Name ..Sled ;5_
Village Clerk
Approved as to legal fo us and
sufficiency
By
V1llag ttorney
LICENSOR
ARCHDIOCESE OF MIAMI, INC ,
a Florida not for profit corporation
ery Reverend4aej,uis Hernando
F
LICENSEE
VILLAGE OF KEY BISCAYNE,
a Florida municipal corporation
1030011agreementslnon-exclus ve license agreement for St Ames Church 4 17 02
7
EXHIBIT "A"
ACTIVITY
TIME OF YEAR
TIME OF DAY
AREA
Flag Football
March through May
3
30
5
30
Field
Volleyball
August through October
3
30
5
00
Basketball Court
Soccer*
January through
February
3
30
5
00
Field
Basketball*
November through
January
3
30
5
00
Basketball Court
* Church will practice on their field but play their games on the Village Green
**
Church has not had a basketball season because the court had been removed for
construction The Church is planning to have a season on the newly constructed
courts
Date of Request
Name
VILLAGE OF KEY BISCAY
CIIECK REQUEST FORM
NE
;.
2001 BUDGET
5131/2002 AMOUNT
Archdiocese of Miami Inc St Agnes Church
$12 000 00
Address
100 Harbor Drive
City State Zip
Key Biscayne Florida 33149
Telephone
(305) 361 3245
Purchase Order
Vendor Invoice
Number Number
Account Number
Purpose/Description
Payment for use of the St Agnes Field as per the
attached contract
The Payment is for the months June July August and September
The contract is for
$3 000/month or$36 000 annually
Prepared by
'BUDGET CODE
NUMBER DESCRIPTION
AMOUNT
12
000
00
TOTALS
$12
000
00
FUNDS AVAILABLE
Yes No
Finance Director
Date Processed
Check Number
Approved
Check Signed
by
Department Head
Village Manager
Village Clerk
`PLEASE RETURN
TO