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Home My Public Portal About2022 approving a fourth amendment to agreementOocuSign Envelope ID: 2F225671-2F41.45C2-A07D-F761D3C143B6 FOURTH AMENDMENT TO AGREEMENT FOR USE OF ST, AGNES CATHOLIC CHURCH ATHLETIC FIELD THIS FOURTH AMENDMENT TO THE AGREEMENT FOR USE OF ST. AGNES CATHOLIC CHURCH ATHLETIC FIELD (this "Fourth Amendment") is entered into as of this day of Ockob.c7 , 2022 by and between the VILLAGE OF KEY BISCAYNE, a Florida municipal corporation (the "Village") and THE MOST REVEREND THOMAS WENSKI, ARCHBISHOP OF THE ARCHDIOCESE OF MIAMI, his successors in office, a corporation sole (hereinafter the "Owner"). WITNESSETH: WHEREAS, the Village and the Owner entered into that certain Agreement dated June 23, 2004 (the "Agreement") for the Village's use of the St. Agnes Catholic Church's Athletic Field; and WHEREAS, the Village and the Owner entered into an Amendment to the Agreement on August 31, 2009 (the "First Amendment"); a Second Amendment to the Agreement on September 19, 2014 (the "Second Amendment"); and a Third Amendment to the Agreement on May 23, 2019 (the "Third Amendment"), wherein the parties modified the fees payable, the term of the Agreement, and provided for termination of the Agreement; and WHEREAS, the Village and Owner wish to further modify the Agreement in accordance with the terms and conditions set forth herein in this Fourth Amendment to the Agreement to extend the term of the Agreement and provide for ownership rights of lighting fixtures that the Village will retrofit and upgrade on the St. Agnes Catholic Church Athletic Field; NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the parties do hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein by this reference. All initially capitalized terms used but not otherwise defined herein shall have the meaning ascribed thereto in the Agreement. 2. Owner agrees that the Village has paid the annual license fee under the Agreement entitling the Village to use the St. Agnes Catholic Church's athletic field through September 30, 2022. 3. Section 3.1 of the Agreement is hereby deleted and replaced as follows: 3.1 The term of this Agreement has previously commenced and shall be extended for an additional ten (10) year period commencing on October 1, 2022 and expire at 11:59 p.m. on September 30, 2032 (the "Tenn"). 4. Section 4 of the Agreement is hereby deleted and replaced as follows: Page 1 of 4 DecoSign Envelope ID: 2F225671.2F41.45C2-Ao7D-F761 D3C143B6 4. Fees. Beginning October 1, 2022, the Village shall pay the Owner an annual license fee of $62,000.00 for the licenses granted to Village herein, which fee shall be paid in equal monthly installments of $5,166.66 on the first day of each month during the Term. For any partial month during the Term, the monthly installment payment shall be prorated on a per diem basis based on the number of days in such month. The annual license fee shall increase by three percent (3%) on October 1, 2023 and each October 1s' thereafter by an additional three percent (3%) over the previous year's annual license fee. The equal monthly installments will be adjusted accordingly starting in October of each year. Owner hereby directs the Village to make all payments required hereunder directly to St. Agnes Catholic Church at 100 Harbor Drive, Key Biscayne, Florida 33149. Notwithstanding the foregoing, the Village, at its sole option, may elect to pay the annual fee in one (1) annual payment provided such payment is made before October 15th of each year of the Term. 5. Section 5.3, "Athletic Field Lighting Improvements," is hereby created to read as follows: The Village intends to retrofit and upgrade lighting equipment and/or poles on the St. Agnes Catholic Church Athletic Field (the "Improvements"). In the event that the Agreement is terminated, the improvements installed by the Village and any related equipment shall remain the property of the Village and may be relocated at its own expense. 6. Section 8(11 1) of the Agreement is hereby deleted and replaced as follows: On each day the Village uses the Athletic Field, the Village will turn off all lighting at the Athletic Field by 10:00 PM without exception. 7. Section 24 of the Agreement is hereby deleted and replaced as follows: The Owner or the Village shall be entitled to terminate this Agreement for any reason whatsoever upon at least six (6) months prior written notice to the other party. To prevent termination of this Agreement during an athletic sport season, this Agreement may only be terminated as of March 1' of a particular calendar year (e.g. to terminate the Agreement on October I, 2023, notice must be given no later than March 1, 2022). 8. In the event of any conflict or ambiguity between the terms and provisions of this Fourth Amendment and the terms and provisions of the Agreement, the First Amendment, Second Amendment, and Third Amendment, the terms and provisions of this Fourth Amendment shall control. 9. Except as otherwise specifically set forth herein, the Agreement is hereby ratified and affirmed and shall remain unmodified and in full force and effect in accordance with its terms. Page 2 of 4 DocuSign Envetope ID: 2F2256/1-21-41-45GZ-A070-F /b1U3C1431�b 10. This Fourth Amendment may be executed in several counterparts, each of which shall be deemed an original, but all of which, when taken together, shall constitute one and the same instrument. An executed facsimile or electronic copy of this Fourth Amendment shall have the same force and effect as an original hereof. (REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.( Page 3 of 4 DocuSign Envelope ID: 2F225671-2F41-45C2-A07D-F761 D3C143B6 IN WITNESS WHEREOF. the parties hereto have caused this Fourth Amendment to he executed the da) and year as first stated above. VILLAGE OF KEY BI5C'A) By. Steven C. Williamson Village Manager Attest' By• Jocelyn E3. Koch Village Clerk Approved as to form and legal sufficicnc ocuslanea or a/a 944:4441+46,10 By. Weiss crotaieliman Cole & Bierman, P.L. Village Attorney Addresses for Notice: Village of Key Biscayne Attn: Village Manager 88 West McIntyre Street Key Biscayne, FL 33149 305-365-55'14 (telephone) 305-365-8936 (facsimile) (telephone) swilliumsonre keybiscayne,fl.gov (email) (facsimile) (email) THE MOST REVEREND I1IIOMAS WENSKI, Archbishop of the Archdiocese of Miami By: Name: ta:5-R- t1 17i tom%% CO)* me eE'x42#e Faa- .Aelkoli / . mss;`, 1►ai%� .FR. twin C JQs PetCpayi OJT. thylCS R4S4DQ e r Addresses for Notice: With a copy to: Weiss Scrota Hellman Cole & Bierman, I'. ,. Attn: Chad Friedman, Esq. Village of Key Biscayne Attorney 2800 Ponce de Leon Boulevard, Suite 1200 Coral Gables, FL 33134 ctriedman rt-wsh-Iaw.com (email) With a copy to: Page 4 of 4 __(telephone) (facsimile) I cntai l ) oocuSign Envelope ID: 2t-225bf1-ZI-41-4bUZ-AU/U-I•/tilUsla4dtlo FOR VILLAGE: STATE OF FLORIDA COUNTY OF ) ss: The foregoing instrument was acknowled > • be ' re me by means of ysical presence o • ❑ online notariz ion this day of _ • :.�• s , _O b '.�,vlgj.i c, %i'liarA4P In behalf of •�• . She/ lc is personally known to ❑ - has . •oduced as identification. Koury Punlic Suss of Floods Gr4111 • MY Co Delgado 1 MY �ornmisu00 NH 118511 OP EKp * O4I1e/292S [SEAL] Notary Print Name FOR THE MOST REVERENT) THOMAS WENSKI, ARCHBISHOP OF THE ARCHDIOCESE OF MIAMI: STATE OF FLORIDA COUNTY OF } ) ss: The foregoing instrumcn was acknowled or 0 onli tc notarizlion this ' _ day of _ 5t_ 5,, rri before me by means al physical presence .2('z , by on behalf of She/Ile s is personally known to me or ❑,9has produced as identification. - 1- CARLOS ANABRIA ` 1 •, ': S MY COMMISSION H 153450 }• , r� EXPIRES: July 18, 2025 y r Ar "'• ; o� i�?� Bofdod T ru Notary Pik llfdeiM dW$ [SEAL] Page 1 of 1 Notary t ttblic Coer Print Name