HomeMy WebLinkAbout1960-81 Authorization of Mayor and Clerk to Sign Agreement with NPB Utilities•
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RESOLUTION # 81
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO SIGN AN AGREEMENT WITH NORTH PALM BEACH UTILITIES, INC.
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BE IT, AND IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF NORTH PALM BEACH, FLORIDA:
Section 1. That the Village Mayor and Clerk be, and they are
hereby authorized and directed to sign a certain agreement with NORTH PALM
BEACH UTILITIES, INC. in the attached form.
PASSED AND ADOPTED this Lath _day of May . 1960.
(SEAL)
AITEST:
` 03 CSOS dbs .
Village Clerk
Mayor
HUM 846 PACE 58
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AGREEMENT
THIS AGREEMENT made and entered into this loth day
of May , 1960 by and between NORTH PALM BEACH UTILITIES,
INC., A body corporate, hereinafter referred to as the "Corpor- -
ation", and the VILLAGE OF NORTH PALM BEACH, a municipal corpor-
ation of Florida, hereinafter referred to as the "Village'";
W ITNESSET H:
WHEREAS, the Corporation is the owner of certain lands
within the corporate limits of the Village, a portion of said
lands being currently utilized for the operation of a water
treatment and sewage disposal plant; and
WHEREAS, the Village is desirous of acquiring the
right to use the portion of said premises not necessary to the
proper operation and maintenance of .said plant, for the purpose
of promoting and expanding the recreational facilities within
the Village; and
WHEREAS, both the Corporation and the Village recognize
that the expansion of such facilities is essential to insure the
continued growth of the community and that the installation of
such recreational facilities will inure to the mutual benefit
of the parties hereto;
NOW, THEREFORE, for and in consideration of the rents
and covenants hereinafter stipulated to be paid and performed
by the Village, and in further consideration of the benefits
flowing to each party, the parties hereto do mutually covenant
and agree as follows: --
1. The Corporation does hereby lease to the Village
all the following described lands and premises, to wit:
RECORD 846 PACE 59
A parcel of land in Section 17, Twonship 42
South, Range 43 East, Palm Beach County, Florida,
described as follows:
All of Tract "A", Village- of North Palm Beach,
Plat No. 1, according to the plat thereof recorded
in Plat Book 24, at Pages 202 to 206 inclusive,
Public Reoords of Palm Beach County, Florida, LESS
the following described parcel of land:
BEGINNING at a point in the southerly line of
said Tract "A", at a distance of 209.03 feet
southeasterly, measured along said southerly line
of Tract "A", from the southwest corner thereof;
thence northeasterly, at right angles to the South
line of said Tract "A", a distance of 437.83 feet;
thence easterly, making an angle of deflection to
the East from the preceding course of 68°=56'-30",
a distance of 52.16 feet; thence northerly, making
an angle of deflection to the North from the pre-
ceding course of 68°-56'-30", a distance of 41 -
feet; thence easterly, making an angle of deflect-
ion to the South from the preceding course of 68°-
56'-30", a distance of_100 feet; thence southeasterly,
making an angle of deflection to the South,from the
preceding course of 210-03'-30", and parallel to
the coutherly line of said Tract "A", a distance of
106.49 feet;'thence easterly, making an angle of
deflection to the North from the preceding course
of 21°-03'-30", a distance of 202.04 feet; thence
southerly, at right angles to the preceding course,
a distance of 413.73 feet; thence southeasterly,
making an angle of deflection to the East from the
preceding course, of 68°-56'-30", a distance of
58.30 feet; thence southwesterly,atright angles to
the preceding course, a distance of 220 feet to
a point in said southerly line of Tract "A"; thence
northwesterly along said southerly line of Tract "A",
a distance of 644 feet to the POINT OF BEGINNING.
2. The terms and conditions of the lease shall be
as hereinafter set forth:
a. The term for which the Village leases said
premises is 27 years commencing the 27th day of October, 1959
and expiring the 27th day of October1986, at a yearly rent of
One Dollar ($Jt.00) payable to the corporation on the 27th day
of October 1960 and on the 27th day of October of each succeed-
ing year for the term hereof. -
b. The use and purpose to which the Village
shall put said premises shall be exclusively for park, play-
ground and recreational purposes available to the residents of
the Village. _
t. The Village shall have the right to erect
and construct any building, structure, apparatus, orwhatever
other improvements that it may deem necessary or advantageous
to the facilitation of the aforesaid recreational program, so
long as such structure or other facility does not interfere with
the operation or maintenance of plant facilities owned by the
Corporation. The privilege to erect such buildings or other
apparatus shall carry with it the right'. to install and lay the
necessary mains, pipes or electrical connections to service
such structures.
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Ron
P 8i 846 Pace 60
d. It is understood and agreed that the Village
shall undertake and bear all construction and maintenance costs,
including landscaping, for any buildings or equipment that may
be erected or utilized in the furtherance of the aforesaid park
and recreational program.
e. Upon termination of this lease agreement,
the Village may remove any building or other improvement which
may then be located on the leased premises and convert the
materials thereof to the use of the Village. Title to all.
equipment, furnishings, fixtures of other apparatus shall also
remain in the Village upon the expiration of this agreement.
It is expressly understood that in the event of removal, the
premises shall be left in as good -a condition as they were
upon the assumption of tenency hereunder. --
f. The Village shall maintain such liability
insurance as will protect the Corporation from claims for
damages for personal injury, including death, which may arise
out df the use of the subject property as contemplated by this
lease. Certificates of such insurance showing the Corporation's
interest as -lessor shall be filed with the Corporation and
shall be subject to its approval regarding the adequacy of
protection, it being the purpose of this paragraph for the
Village to save the Corporation harmless for all claims for
personal injury arising from the use of the subject property
as provided for under this agreement.
IN WITNESS WHEREOF, the parties have caused this
instrument to be signed in their respective names by their
proper officials and under their corporate seals, as of the day
and year first above written.
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MI, 84U PAGE 61
RECORD
Signed, sealed and delivered
in our presence:
As to Corporatio
(CORPORATE SEAL)
As to Village
A
C°4.1 r k,
-ov
.LAGE SEAL)
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NORTH PALM BEACH'.;- ;T rrr
By
By
President
Secretary
"Corporation"
VILLAGE OF NORTH PALM BEACH,
FLORIDA
Mayor
ATTEST: CKxxC`C . (3:S).S&
Village Clerk
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