02/16/2000 AgreementLICENSE AND MAINTENANCE AGREEMENT
THIS AGREEMENT, entered into thisl4tA day of February, 2000, by and between the BOARD OF
COUNTY COMMISSIONERS, Monroe County, Florida (Licensor) and BANANA CABANA ACADEMY, INC.
(Licensee) whose address is 349 North Airport Drive, Summerland Key, FL 33042.
1. This License is issued for the welfare of the public in order to facilitate the continuation of
day care services in the Lower Keys pending a road abandonment process which takes a minimum of three
months.
2. The Licensor hereby grants to the Licensee the exclusive right and privilege of occupying
and maintaining a parcel of land on Cudjoe Key, Monroe County, Florida, as further described in Exhibit A,
for a term of one (1) year, commencing February 10, 2000, unless earlier terminated by abandonment of the
right-of-way encompassing said area, or by default or other early termination by the parties.
3. This License is issued in consideration of Licensee removing any invasive exotic trees and
shrubs on the parcel, clearing and maintain said parcel for recreational use by preschool children, and
applying for a road abandonment thereof. The Licensor reserves the right to terminate this license for non-
compliance with the terms of this agreement for a period of fifteen (1 5) days or more, after written notice of
said default.
4. In connection with the above demised properties, the Licensor covenants with the Licensee
that conditioned on Licensee's performance and observance of Licensee's covenants herein, Licensee shall
have quiet enjoyment and peaceable possession of the premises during the term of this agreement.
5. Licensee further covenants and agrees as follows:
A. To furnish the necessary equipment, furnishings and fixtures needed to operate a
daycare center. All movable equipment and furnishings shall remain the property of Licensee and may be
removed from the premises by Licensee at the termination of this agreement. If Licensee falls to remove
said movable equipment or furnishings within five (5) days after termination of this agreement, said items
shall then become the property of the Licensor, unless the proposed road abandonment has rendered this
provision moot.
B. Licensee shall maintain all County, State and Federal licenses required during the
period of this agreement.
C. Licensee agrees to keep the leased premises in a safe, clean, a90 w§l-m8tairZb
order at no expense to the Licensor. This provision is to be monitored by the Director Ci3ablic ocili�i�s
Maintenance or his representative. o_X o
oar _ o
D. Licensee agrees to operate the business in a business-like-mannep=5,�;
"n ram`—
6. The Licensee shall not assign the license agreement without previous wr :Wnso e
Board of County Commissioners for Monroe County. The terms of this agreement shall be ndinn onge
heirs, executors, administrators, sub -licensees and assigns of Licensee. ,r' rn at
v
7. It Is hereby covenanted, stipulated and agreed by and between the parties hereto that there
shall, during the said demised ten-n, -be no mechanic's liens upon the parcel or improvements thereto; in
case of any attempt to place a mechanic's liens on premises, the Licensee must pay off the same; and that if
default in payment thereof shall continue for thirty (30) days after written notice, said Licensor shall have the
right and privilege, at Its option, to pay off tile same or any portion of the same, and the amount so paid,
including expenses, shall, at the option of the said Licensor, be so much rent due from said Licensee on the
first day of the month following such payment, with interest at the rate established by the Comptroller under
See. 55.03, F.S., for the year in which the payment became overdue. Nothing in this paragraph is to be read
as a waiver or authorization by the County of its constitutional and statutory immunity and right to have its
property free of such liens.
B. It is expressly covenanted between the parties hereto that the Licensee will not use, suffer
nor permit any person to use in any manner whatsoever the said demised property, nor any portion thereof,
for purposes calculated to injure the reputation of the premises or of the neighboring property, nor for any
purpose or use in violation of the laws of the United States, or of the State of Florida, or of the ordinances of
Monroe County, Florida, and that the Licensee will keep and save the Licensor forever harmless from any
penalty or damage or charges imposed for any violation of any said laws, whether occasioned by neglect of
Licensee, and that said Licensee will indemnify and save and keep harmless the Licensor against and from
any loss, cost, damage and expense arising out of any accident or other occurrence, causing Injury to any
person or property whomsoever or whatsoever, and due directly or indirectly to the use of the premises, or
any part thereof, by the Licensee.
9. It is further agreed that in no case shall the Licensor herein be liable, under any express or
implied covenants in this lease agreement, for any damages whatsoever to the Licensee for the act, or
breach of covenant, for which damages may be sought to be recovered against said Licensor, and that in the
event said Licensee shall be ousted from the possession of said property by reason of any defect in the title
of said Licensor or said Licensor's authority to make this agreement, said Licensee shall not be required to
fulfill any obligations under this agreement while it is so deprived of the possession of said property, and that
said Licensor shall not incur any liability by such ouster.
10. It is further mutually covenanted and agreed between the parties hereto that no waiver of a
breach of any of the covenants of this agreement shall be construed to be a waiver of any succeeding
breach of the same covenant.
11. The Licensee hereby covenants and agrees that it, its agents, employees, or otherwise shall
observe and obey all lawful rules and regulations which may from time to time during the term hereby by
promulgated and enforced by the Licensor at said breach.
12. The Licensor reserves the right hereunder to enter upon the premises at any reasonable
time during normal day care hours for the purpose of inspecting said premises, and the Licensee hereby
agrees to keep the premises at all times in a safe condition, and not to maintain or keep upon said premises
any properties or equipment not used in connection with the operation of said business, unless authorized by
the Licensor to do so.
13. The Licensee agrees not to make any major alterations to the parcel, other than fence
erection, without first obtaining written consent of the Licensor to do so, which will not be unreasonably
withheld. Such alterations shall be based on plans approved by the Director of Facilities Maintenance and
shall be subject. to all County Code provisions governing construction.
14. Licensee agrees to timely notify and fully indemnify and save and hold harmless Licensor
from and against all claims and actions and all expenses incidental to the investigation and defense thereof,
based upon or arising out of damages or injuries to third persons or their property, caused by the negligence
of Licensee, its agents or employees, in the use or occupancy of the said leased premises, and all activities
connected therewith. The Licensee shall not be liable for any injury or damage or loss occasioned by the
negligence of Licensor, its agents or employees; and provided further that Licensor shall give to Licensee
prompt and reasonable notice of any such claims or actions and Licensee shall have the right to investigate,
compromise and defend the same.
15. Licensee agrees to carry and keep in force such insurance as outlined on the attached
forms indicated as Attachment A, attached hereto and incorporated as part of this lease agreement. The
Licensor shall be named an additional insured and will be furnished with a Certificate of evidence of the
insurance providing for no less than thirty (30) days notice in the event of material change or cancellation.
Licensee shall carry this insurance coverage with an insurance company authorized to do business in the
State of Florida and approved by Licensor. Waiver of any of the insurance requirements may be requested
of Licensor by contacting its Risk Management Office. This agreement shall not be effective until proof of
insurance or a duly authorized waiver is presented to the County Clerk.
16. All written notices pursuant to this lease shall be forwarded to the following address:
Licensor
Monroe County Public Works
Facilities Maintenance Department
3583 So. Roosevelt Blvd.
Key West, Florida 33040
Licensee
Sandra Kloza
Banana Cabana Academy
349 N. Airport Drive
Summerland Key, FL 33042
17. If any dispute concerning this agreement should arise between Licensor and Licensee and
which results in litigation, the prevailing party shall be entitled to payment of its reasonable attorney's fees
and costs associated with said litigation from the losing party.
18. This agreement shall be governed by the laws of the State of Florida. Venue for any
disputes arising under this agreement shall be in a court of competent jurisdiction in Monroe County, Florida.
ATTEST
QI
jcon?banana
WHEREOF, the parties hereto have caused these presents to be executed as of year
' BOARD OF COUNTY COMMISSIONERS
k LHAGE, CLERK OF MO R E COUNTY, FLORIDA
By
Cle Mayor/Ch erson
BANANA CABANA ACADEMY, INC.
By o
i�L
Sandra A. Kloza, President
APPROVED. AS TO FORM
4AND SUFFICIENCY
NE I. H
MAR-01-00 11:46 FROM:MONROE COUNTY ATTY OFFICE 113:3052923516
MONROE COUNTY, FLORIDA
RISK >MA111AGE&V
POLICY AND PROCEDURES
CONTRACT ADNRrII MMTION
MANUAL
GenerslInsnraaee Requ ire=cnts
for. .
Otgsnizstions/Individuals
Leasing County -owned
Property
19% Edgim
N/4
C 14
PAGE 1/3
Prior to the Organization or individw tajiang Poss"don of thepio 3` owned: the Cotuity. er.comme:ac.— its concessionaire ons, � .
� � 0wou- ion/indiwduai shall obtain, at hisrna
l�expeine, insurance as specified in the at —mA&; seboduks, v=01 are. made pwt of this
agreement
The Organizatlon/lndividuai will not be permitted to y or use the property until satisfactory
evidence of the ttquirnd iiisuranex has been firzlished Couny as specified below.
The Orgaaizatiou4ndividaal shall maintain the required insurance tbroughout the entire tam of
this leaselientail agrepamt and any extensions specified in the attached Wiedules. Failure to
and comply
return all
with prol vision may result in the. e:frai
mmediate terminxion of the lewtal agreement
Property owned by the County.
The
iasu� OrPnizati individual shall Provide, to the County, as satisfactory evidence of the required
eith
• Certificate of Insurance
• A Certified copy of the actual insurance policjA
The County, at its sole option, has the right to request a certified co of an or all iiisuu ce
Policies required by this contract, Y
All insuntu = policies must specify that thq arc not to the Cchange, or reduction in coverage Unless svbjext to cancellation, non -renewal,
is givrialUnlessa taimmum of thing (30). days prior notification
en Enirity by the insurer.
The acxeptanoe attdlor aMOovsl of the on&dividual`s insurance shall not be construed
as mlieh°8 the Orgy°n/Individual from SOY liability or obligation under this contract or imposed by law.
The on allMponL'cim"es�They w�1 alsof wed as "Loss Payee �� will be included as "Additional Insured"
. respect to Fire Legal Exposure.
Any deviations from these General Insurance Requu meats must be reg"ested is writing oin the
County Y prepform entitled "Ragnest for Wsiver otimurance is
and
approved by Monroe Comity Risk Management
AdMisimaim iamvea =
#4109.2
28
MAR-01-00 11:46 FROM:MONRO£ COUNTY ATTY OFFICE I0:3052923516 PAGE 3/3
I
Attachment A
1 we Edition
As a minimum, coverage should extend to liability for:
Owned; Non -owned; and Hired Vehicles
Required Limits:
VL 1 �_ S50,000 per Petsore: S 100,000 per Occurrence
$25,000 Property Damage
or
$ 100,000 Combined Single Limit
VL2 $100,000 per Person; $300,000 per (kLurmwe
S50,000 Property Damage
or
S300,000 Combined Single Limit
VL3 S500.000 per Person; $1,000,000 per Oixturence
St00,000 Property Damage
or
$1,000,000 Combined Single Limit
VL4 $5,000.000 Combined Single Limit
BR1
Builders'
Limits equal to the
Risk
completca project.
MVC
Motor Truck
Limits equal to tlw maximum
Cargo
value of any one shipment
FROI
Professional
S 250,000 per G=urmnce/S 500,000 Aug.
PRO2
Liability
$ 500,000 per CkxtarancdS 1,000.000 Agg.
PRO3
$1,000,000 per C►ccorrence/S2.000,000 Age:
POLL
Pollution
S 500,000 per (:tecunencdS1,000,000 Agg.
POL2
POL3
Liability
$1,000,000 per Mcurrened$2,000,000 An.
$5,000,000'per Occutmacd$10,000,000 Agg.
EDI
Employee
S 10,000
ED2
Disbonesty
$100,000
OKI
Oarage
S 300,000 (S 25,000 per Vch)
GlC2
�,,,_,� Keepers
S 500.000 S100.000 per Vch)
GK3
$I,000.000 (S250-WO per Vch)
INSCKLST
+ PPO 2
To include child molestation coverage n the same amount
if not already included.
ASminwmWn
Indracion
�
04709.2
MAR-01-00 11:4S FROM:MONROE COUNTY ATTY OFFICE ID:3OS2923S1S
Attachment A
PAGE 2/3
19% rwilim
(MERAl- UARTL1TY
As a minimum, the required general liability coverages will include:
• Premises Operations . Products and Completed Operations
• Blanket Contractual 0 Personal Injury
• Expwded Definition
of Property Damage
Requited Limits:
GL I $100.000 per Person; S300,000 per Occurrence
$50,000 Prapcny Damage
or
$300,000 Combined Single Limit
GL2 �;� p�te��; 000,000 per Oce
Or
S500,000 Combined Single Limit
GL3 x $500,000 per Perm; $1.000.000 per 0(vurcnce
S 100,000 Property Claunage
or
S1,000,000 Combined Single Limit
GL4 $5.000,000 Combined Single Limit
Required Endorsement:
GLXCU Underground, Explosion and Coll%= (XCU)
GrLLIQ Liquor Liability
OLS _ Security Services
All endorsements are required to have the same timits as the basic policy.
1NSCMUSIT
A4ninb*Uion Inam dun
04709.2 s
EXHIBIT A
PROPERTY LEASED FROM PHIL EMBRY BY SANDI KLOZA FOR THE OPERATION
OF A CHILD CARE BUSINESS, BANANA CABANA:
LOTS 6, 7, AND 8, BLOCK 6, CUTTHROAT HARBOR ESTATES
MILE MARKER 23, CUDJOE KEY, FLORIDA.
PHYSICAL ADDRESS:
22673 PIECES OF EIGHT ROAD
CUDJOE KEY, FL 33042