Item L12
5-03-1995 1: 06AM
FROM
P,l
Board of County Commissioners
frtJ-OI)
,
ADD-ON
Agenda Item Summary
Meeting Date: February 16,2000
Division: B.Q,C.C.
Bulk Item: Yes
No x
-
Department: George Neugent
Agenda ItemWordiog:
Approval from the Board of County Commissioners to enter into a License and
Maintenance Agreement with Banana Cabana Academy, Inc.
Item Background:
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 abandomnent
process which takes a minimwn of three months, This agreement will enable Banana
Cabana Academy to open in a timely fashion without loss of daycare services.
Previous Relevaot BOCC Action:
At a prior BaCC meeting in an attempt to aid the Banana Cabana child care facility,
the board instructed County Attorney to assist in designing legal instrument to allow
for continuance of operation of the academy so as not to lose ability to provide child
cafe service for the working parents in the Lower Keys for approx. 40 children. This
is a continuance of that effort.
Commissioner Recommeodation:
Total Cost:
N/A
Budgeted: Yes No
Cost to County
Revenue Producing: Yes_ No _
Amt per month
Year
Approved By: County Atty
Risk Mgmt
Documentation: Included
To Follow
gent
Not Required ~- L I rL
5-03-1995 1 : 07AM FROM
~~~_Iq_~~ I~'~~ .~UM,"UN~U~ ~UUNTY ATTY OFFICE ID30&~923S1~
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PACE
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LICENse AND MAINTENANCE ACREEMEN"(.
THIS AGREEMENT, entered into Ihi$ __ day of Febfua'Y, 2000. l>Y and between the BOARD OF
COUNTY COMMISSIONERS, Monr.)8 County, Florida (Lie>>nsor) and BANANA CABANA ACADEMY. INC.
(Liclensee) whose aatJIesS is 349 Nonh Airport Drive, Summer1and Key. Fl33042.
,- This l.ioense is iS$Ul!d for the welfare of the public in order to facilitate the continuation of
day care setViats in the Lower Keys ~ a road abandOnment process ''fhlCh takes a minll7Uft O1tlV8e
months.
2, The Licensor herebl' grants 10 the Licensee the exclusive right and privilege at QQ;Upying
and maintaining a parcel of rand on CuOjOe Key. Monroe Cot.InIy, Fklt'ida. 1i!1 further ~ribed In Exhibit A.
for a term of OM (') year, commenci'lQ FebRJary 10.2000. unless earfier terrninaled by abandonment of the
right-of-way encompassing saia BIN. or by default or other eerty termination bV the parties.
3, TnlS Lir.IRnse is iSSUt!d in c:onsiCletation of Uoensee removlllg any invilSMt exotic trees and
5nrutJS on tne parcel, Clearing and Maintain said parcel for recreational use by preschOol children, and
applying for a roild abandOnment tnel9Of. The LIoensM reseMtS the right tQ terminate this liClense for non-
compliance with the term$ of this agreement for a period of fifteen (I 5) daY' or more. after wrilten notice 01
:;aid d8fault.
4, In connection wilh thI, above demised pmpetties, the Licensnr coveNt1ls with the LicenSee
thai GOndillOned on Uc8nsee's performance ancs observance of licensee's covenanti h8fein, Lioen5ee shan
have QUiet enjoyment and peaceable foOssession of the premises during the terln of thO itUftlemenl
5. LICensee further ccvenants and agl88S as follows:
A. To fumish thlt necessary equipment. fumlShings and fixtures needed to operate II
Claycar& center, All movable equlpm(mt and furniShings shall remain the propelty of Licensee and may be
removed from ,tie PterMes by liclen:iee lit the termination Of this agreement. If Licensee tans to temCMD
said movable equipmern or IUmiSningS wlt"ln fi\18 (5) days after retminatioll of this agAJement. said 118fllS
snau then DeCOml!I tM propeny of the: lioensor. ul'lfess the proposed road a\)andonment has rendered this
pl'O\fiSion moot.
B. l~ shall maintain all County. State and Fedet'al bnses leQUlred during the
period of this agrNment,
c. Licensee ag~ to keep the Ieasea pmlMeS in a ure, clean, and well-mainaained
order at no expense 10 the L.ioensor, This provision is to oe monitored by me OifeCtor 01 PublIC Facilities
Maintenance or hiS represenlatiVe.
D. Lioens8e ilQl'8eS ~ operate the buSiness in a bus;ness-like-maM8l'.
6. The Lioensee ShaD ~ assign !hit license ~ without pnMouS wnaen consent Of the
SOald ot County Commissioners for Monroe County. The 181m! 01 thiS ~nI shal be binding on the
heirs. ~tors. aelmlniSffatOIS. sub-IiOf!r1S8eS and assigns of licensee.
7, It Is hereby covenlll1ted. stipulated and agreed by and b8IWeen the pattlea henJto that the/V
sh311. during the said demised ten-no .be no mechanic's liens upon the parcel or implOYetnenlS thenIIo; 11\
case 0' any a~ to place a rnedlanit:.s liena on premises. the l~ mist payoff the same: and that if
dotaun in P8yment IheA!Of Shall continue for thilty (30) days after written noticx:. said Licensor snail nave the
ngl'lt and privitege. at Its option. to pai oft tile same or any portion of the same, and tne amount so paid,
Including eapensee. $I1aJI. at the option of the said Liaell5Ol', be so muoh rent dUe from said LiCensee on me
first day ot the month following suctI p.tytMnt. wilh ~ at the l'ate es\abfi.'>hedby the Compaoller under
See. 55,03. F,S.. lor the ye8f' in which tt,e payment became OVerdue, Nothing in this paragraph is 10 be lead
5-03-1995 1 : 07AM FROM
FER-1~-00 I~S3 FROM,MONRO~ COUNTY ATTY OFFICE
P,3
10'30S292351li
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. as a waiver or authorization by the Counry Of its c:onstilutional and stalUlOlv immunity and rignr to have ils
pmpelty 'lee of SUdlliens,
8. It is expressly QO\/8f1.mec:l between the paniBs hereto .hID lhe Lange will not use. suffer
nol permit any person to use in any manner whatsoever the said CI8,nised pmpetty. nor any portion thereof,
tor purposes CillcuJa1ed to inju.e thE: reput~on of the pt8Mises or of the fIItlghboring property. nor for any
PUIpOSe or use in viofation of the ~s of fhe United States, or of the Slate 01 f'lorida. or of the oldinanoes Of
Monrov County, FlOnGa. and that tM liQensee will keep and save the liclensor lotever' "atmIes& from any
penalty or damage or ~harOti iIr1Josed tor any violation o. any said laws. whether occasioned by neglect of
LiCensee. ancIlhat Aid I.iOeoHe witt indemnify and save and keep hatmJeS!i the lioensor against ana fmm
any loss. cost. damage and e~' ariSing out of any ICCIdenI or othor O(;wrrence. causing Injury to any
person 01 propefty whomsoever or whalSOeYVr. and Oue alreclly or indl~"; to the use of the premiseS. 01
any part thereof. by the uc.ensee,
9. " Is further agreed that in no case shall the Uoensor herein be liable, under any express or
IIJ1)IiecI covenants in thiS lease agrt-emen1. to. any damages whatsoever 10 the liCenSee for the atI, or
bleach or covenant fOr which damages may be sought Jg be rBCOV8fea againSt said Licensor, and that in the
event said licensee shall be ousted from me possesaion Of said proJNrty by reason of any d8lect in the title
of Hid LieenSor or said lic:ensofs .Charity 10 ,"like this agn,emenr, Aid Lloensee ahall not be mquNed to
tulfill any obligations tmder this agrMn1ef\t while it is so aeprivIId of the poSSESSion of said property. and thai
said LICenSor shall not .ncur an~ bability by such ouster,
10 It is tuntler rJl,IlU.n~ l:ovenanted ana agreecI bmween me patties hereto thaI no waJvef of a
breactl of any of the covenanr$ of fn;s IgfeenJenl shall be conslrued to be a waiver of any succeecsing
breach of 1tle same covenant
t 1 . The Licensee t-.by .:ovenanlS and agaees that it, its agefb. vmpIoyees, or otherwise shaD
observe ano Obey all lawful lUres and I9gUlatiOIl$ which ma)' from lime to lime during the term nereby by
promulgated and enforced by t~ licerllOr at said breach.
12. The Licensor reserves the right nereunder 10 emer UPOl'llhl~ premises at any reaSOllabfe
time during normal day care hours f(.r the purpose of inspec;ling said pt9mIses. and the Lioensae hereby
agrees 10 keep tile premiMs at aU timiS In a sate cont:JllOn, and not to maintain or keep upon Hid premises
any propenles or equipment nor used in connedtOn with tne operation of &aid I3Usiness. unl8sS authOrized by
the licensor 10 do so.
13, The licensee agrees not to mcllCe any major allenltiof1l to the parcel. other than fence
eructlon. Wlnout fIrSt obtaining Wrinel' QOosem 01 the Licensor 10 do so. which wKI not' be uNeaSo~
withheld. Such alterations Shall be bused on planS approved by rhe [)irector of Facilities MaintenanCe and
Shall be subject, to all County Code provisions governing c:onsttucJion,
14. licensee ilgtWS 10 timely notify ancr fully indemnity and sava and hold harmless Lbmsor
from anu agaInSt au CI8ima and a~iOn!; and all e~ incidental to .he investigation and defense thereof.
based upon or ariSing out ot damages or Injuries 10 third persons or the/r prOpt,rty, caused by the negligence
of LiCensee. its IQ8ftts or efY1)Ioyees. '" the use Of oa:upancy or the saICJ IH$ed pr8mises. and au aorMtleS
cunneded thefwwith, The liCenSee Shall not be liable for any injury Qr ~ge or loss occasioned by the
negligence Of lICensor, its agenI5 or 1Hf1)loyees: ana provided fbrther that llCl8nsor shaU give to Licensee
prompt and lUasonable notice of any such claims or actions ana LICensee shall ~ the right to investigate,
oompromiae and defend.tre Mme.
,S, Licensee agrws to c;.lrty and keep In fo~ SUCh insurance as outlined on the attached
forms indiCated as AnllChmenr A. alfached hel8l0 ana inmrporated as pin of this lease agreement. The
Licensor shan be mmwd an additional Insurec& and win be tumiShed with a Ceftifica1e of evid8nce of thv
insurance providing for no less than ttlirty (30) day:; notice in the event of nklterlal change or canoeIlation,
Licensee stlall carry thiS insutanae coverage with an Insurance compc..ny autnorized 10 dO buSineSS in the
State of Ffondl and approved by LioerllOr, Waiver or any 01.". Insurance requir8ments may be requested
5-03-1995 1 : 08AM FROM
u.. 1",b4 FROM,MONROE COUNTY ATTY OPPJC~ 10.3052923616
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. of licenaor by ODntactino lis Risk Management QrriQI. This aQl88meM shall not be elfective until proof of
insurance or a duly autf10riled waiVe!' is p..wnted to the County Clerk,
16. AU wr1tten noliCies pul5Uant 10 thiS lease $hall be forwarded to the followillg addn:.!SS:
liCensor
Monroe County Public Wolks
Facilities MUtenanoe Depe,rmena
3583 So. Roosevelt Blvd.
Key West. Aorida 33040
!.ia4QHil
Sandra KIol8
Banana c.Dana Academy
349 N, Airport Drive
Summ9,lanCf Key. Fl33042
17, " any dispute conoem'"9 this agreement should ansa betWeen L.lcensor and li<lensee and
which results in litigatiOn. the prevailing pany shal be entitl8cllO payrnent 01 ils I88SOnable Morneys tees
and costs assoeiMec:l with said litigatir,n from the losing pafty.
18. This agreemenI shad be governed br 1hv laws 01 the State 01 Florida. Venue for any
di5PUtes ari5ing under this agreement S!\all be in a court of oorrwten! jllrisdialon in Monroe County. Florida,
IN WITNESS WHEREOF. thI, pllflies hltf'OlO have caused these J)fe~t5 10 be executeCl as of year
titst above writterJ
(SEAl)
Attest: DANNY L. KOLHAGE. CLERKA
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clelk
8y__
MaYllrlChalrpeniOn
ATTEST
BANANA CABANA ACADEMY, INC.
By
9v__
SandraA. Kloza. ~
jGOn~a