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Home My WebLink AboutReso 2000-223 RESOLUTION NO. 2000- 22..3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ESTABLISHING A SUMMER CAMP PROGRAM IN THE CITY OF SUNNY ISLES BEACH AND APPROVING A NON-EXCLUSIVE SPACE USAGE AGREEMENT AND LICENSE BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND ST. MARY MAGDALEN CATHOLIC CHURCH, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY AND DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Recreation Director has determined that there is a need for a summer camp program for the children living within the City's limits; and WHEREAS, a summer camp program would enrich the lives of the children of the City by providing a safe environment in which they can enjoy extra-curricular activities; and WHEREAS, the City's Recreation Director requests permission to operate a summer camp program at St. Mary Magdalen Catholic Church Hall, since the City does not have the facilities for the camp; and WHEREAS, the City has negotiated a space usage agreement with the Church and the agreement is a mutually beneficial agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 1. Establishment of Summer Camp Program. The City Commission hereby establishes a summer camp program, to be operated by the Recreation Director, in accordance with the proposal attached hereto as Exhibit "A". 2. Approval of Contract. The contract by and between the City of Sunny Isles Beach and St. Mary Magdalen Catholic Church, attached hereto as Exhibit "B," be, and the same, is hereby approved. 3. Authorization of City Manager. The City Manager is hereby authorized to execute said contract and do all things necessary to effectuate the agreement. 4. Effective Date. This Resolution shall become effective immediately upon adoption. Summer Camp Church Usage Agreement.res 4/19/00 II :03 AM 1 / PASSED AND ADOPTED this 27th day of April, 000. ATTEST: !.>> p <<\~._.i.~c.:-.. 1 . , "- ~~L~ ~" >', 'RicIiard'Brow~-Mori-~la, City Clerk .l)t {",-: - \ . .' -~ \ ~ . . '~APPROVEI~ AS TO/FORM AND "LEGAL S . ICIENCY . " ; '- Vote: 5~O Mayor Samson Vice Mayor Morrow Commissioner Iglesias Commissioner Kauffman Commissioner Turetsky Summer Camp Church Usage Agreement.res 4/19/00 11 :03 AM Moved by: Seconded by: ~(Yes) ---1L.(Y es) V (Yes) ~(Yes) ---iL(Y es) 2 y \C <C..- N\A~R. YY\D~~ouJ c.omm. ~~lA~-=mA:N _(No) _(No) _(No) _(No) _(No) t? l.\ 9 NO~-EXCLUSIVE SPACE USAGE AGREEMENT AND LICENSE This License Agreement (hereinafter the "Agreement") is made this /7 day of 40R,"I , by and between St. Mary Magdalen Catholic Church (St. Mary Magdalen) (hereinafter the "Licensor") and the City of Sunny Isles Beach Recreation Department (hereinafter the "Licensee"). Licensor hereby licenses to Licensee, on a non-exclusive basis, the use of St. Mary's facilities (hereinafter the "Premises") located in the City of Sunny Isles Beach, County of Miami-Dade, State of Florida, more particularly described as follows: ~~~;{ /.hI! ~ (}~"'''',), ~'Atd::'0 I.,f c 00 e::ir /777~ Ai ~A,-/ /2D Sun"'L/ ~slc~ 6~4L"- .l='iOYl.1bA t , 1. TERM. The Licensor licenses the use of the Premises to Licensee for the following dates and time: tfl!tjilDl1f -fI./lU t:f(./J~' 73 f;,m - b C~/'" J' &j;....;~ t/ tlt>1 ( /'1 - Aj i-t.sl- ,;15" I (fY:cJ/b/I~1 4111'( II) '. G 2. USAGE FEES. Licensee agrees to pay Licensor a fee of $ 75' LJ~1t.. Do/ for use of the Premises for the time period described in paragraph one (1). Licen~ee's use of the Premises shaIl not constitute a tenancy of any kind, 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. b. During the term of this Agreement, the Licensee shall have the non- exclusive use of the Premises for the foIlowing purpose(s): S Uh1rne~ f)Jl-Y (R'jO /kt'jR'fW\ 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 oftbe Licensor. d. The licensee covenants and agrees: (i.) Condition 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 expected. -<\ (ii.) Indemnification of the Licensor. . To the extent permitted by law and to the extent that the Licensee is insured under its liability insurance coverage, the Licensee agrees to hold the Licensor harmless from and to indemnify it against any claim or liability for any use arising in connection with the use of the Premises by Licensee, its agents, servants, invitees, and employees. (iii.) Alcoholic Beverages. To not cause or allow alcoholic beverages of any kind to be sold, given away, or used upon Premises except after obtaining the express written consent of Licensor. In such event, Licensee shall possess the necessary liquor license and permit. (iv.) Improvements. To make only those alterations, additions, or improvements, in, to, or about the Premises which have been approved in advance and in writing by Licensor. (v.) Damage to Premises. (a.) To assume responsibility for repairing damage to the premises caused by persons admitted on the premises by the Licensee (b.) to not injure, nor mar, nor in 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 therein shall be in any manner injured, marred or defaced; and to not drive or permit to be driven nails, hooks, tack or screw 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; (c.) that if said premises or any portion of said building shall be damaged by the act, default or negligence of Licensee, or the Licensee's agents, employees, patrons and guests admitted to said premises, Licensee shall cause the premises and/or equipment to be returned to their condition as existed upon the execution hereof. The Licensee hereby assumes 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. Licensor acknowledges that it is delivering the Premises to the Licensee "as is". As such, Licensee shall not be responsible to repair pre-existing conditions on the Premises that exist prior to delivery of Premises to Licensee. The Licensee agrees not to cause further injury or damage to Premises." (vi.) Seating Capacity. To not admit a larger number of persons on the Premises than the seating capacity thereof will accommodate. (vii.) Discrimination. To not discriminate in its membership methods of conducting business with respect to religion, race, color, age, handicap, sex, marital status, national origin or veteran status. . 4. PARKING. Licensor shall provide adequate parking spaces to the Licensee for the term of this Agreement. . 2 .' " " 5. ASSIGNMENT AND SUBLICENSING. Licensee shall not assign this Agreement or sublicense any portion of the Premises. However, Licensee is permitted to bring amusement activities on the Premises with the written consent of the Licensor. 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 Premise for any unlawful purpose or in any way, which will constitute a nuisance as prescribed by Florida law or interfere with Licensor's use of the Premises. 8. INDEPENDENCE OF LICENSEE. It is expressly understood and agreed by and between the parties hereto that Licensee is not owned, operated, sponsored, affiliated, or otherwise under the direction or control of Licensor. Licensor has no authority or control over any aspect of Licensee's operations, except as provided in the Agreement. Licensee is an entity entirely independent of Licensor related only by the independent contractual terms of this Agreement. 9. INSURANCE. Licensee shall purchase and maintain at its expense liability insurance coverage in the amount of One Million Dollars ($1,000,000.00) per occurrence naming Licensor as a certificate holder under said coverage. 10. JANITORIAL SERVICES: Licensee agrees to provide all necessary janitorial services on premises in order to maintain the property in a reasonably clean and safe condition during summer camp. The Licensee further agrees to clean premises one week prior to and after the summer camp. 11. IN-KIND SERVICES: Licensee agrees to repair the basketball backboard on the Licensor's basketball court as a condition to entering into this agreement. 12. GOVERNING LAW AND VENUE. Agreement shall be governed by the laws of the State of Florida and venue for the enforcement of this agreement shall be in Miami-Dade County, Florida. 13. 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. 14. ENTIRE AGREEMENT. The foregoing constitutes the entire Agreement between the parties and may be modified only by a writing signed by both parties. 15. TERMINATION. This agreement may be canceled unilaterally by either party with thirty (30) days written notice. 3 r;)... IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESSES: /:I~ JJ1::fl ,:~ji ) 4 ,~ C>.UffMJ /Je~-fud~ Licensor: n I BY~ hClma<Y//j Kfri/1oloL Title: /'1 J-:fr'<____ - ---- ~ ,_ f . ~. ~' \, . ~ - I~~~~~ ~~~.~~ . " By: ty Manager Jack Neustadt Title: '-.' ")o.~ J APPROVED AS TO FORM AND LEGAL S FI CY 4 .~