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HomeMy WebLinkAboutRes 1974-40 Lease Agrmt re St Clare Ball FieldsRESOLUTION NO. 40-74 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO SIGN A LEASE WITH ST. CLARE'S ROMAN CATHOLIC CHURCH FOR CERTAIN LAND FOR RECREATION AREA. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Mayor and the Village Clerk be, and they are hereby, authorized and directed to sign that certain lease betweeh The Village of North Palm Beach and Archbishop Coleman F. Carroll for the lease by the Village of certain land at St. Clare's Roman Catholic Church for use as a recreation facility for the Village of North Palm Beach. Section 2. The Village Clerk is authorized and directed to affix the Village Seal to said lease. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED THIS 13 DAY OF JUNE, 1974. ATTEST: /s/ Dolores R. Walker Village Clerk 1 /s/ Walter N. Colbath, Jr. MAYOR LEASE AGREEMENT THIS AGREEMENT made and entered into this 13th day of June , A. D., 1974, by and between the VILLAGE OF NORTH PALM BEACH, a political subdivision of the State of Florida, hereinafter referred to as the "Village," and COLEMAN F. CARROLL as Archbishop of the Archdiocese of Miami, a corporation sole, hereinafter referred to as "Archbishop," WTl7NESSETH: WHEREAS, the Village is willing to pay for and install capital improvements on that certain property owned by the Archbishop, described on the attached. schedule "A" for the use of Saint Clare's Church, North • Palm Beach, Florida, and the Archdiocese of Miami, and for use by the Village as hereinafter set forth; and WHERFJAS, the Archbishop deems it desirable to permit the Village to retain title to capital improvements paid for and installed by the Village on the property described in schedule "A", awned by the Archbishop; NOW, THEREFORE, for and in consideration of the premises and benefits flawing to each party, the parties hereto do mutually agree.as follows: 1. *The Village will at its cost construct recreation facilities or' the site of the subject property, including but not limited to, a lighted football field, a lighted baseball field, a joint concession stand, a mechanical roan and restroom building, and the installation of an irrigation sprinkler system. 2. The Village will, at its cost and discretion, erect and maintain such recreational facilities as they may deem appropriate including the necessary maintenance service for said facilities, including but not limited to electricity, lighting, and water. 3. The Archbishop does hereby authorize and permit the Village to retain title to the capital improvements paid for and installed by the Village on the property described as schedule "A", owned by the Archbishop, upon the termination of the Village's use of said pr.Lrrty. LAW OFFICES OF JOSEPH M. FITZGERALD, P.A., 502 SECURITY TRUST BUILDING, MI 4MI, Ft ORIDA 33131 4. Installation and construction of the capital improvements shall he subject to the approval of the Archbishop, and the Village building departments and appropriate agencies. 5. The capital improvements, installed by the Village will be laid out and developed for harmonious use of said area and the recreational - educational programs both of Saint Clare's Church, and Village, and subject to the satisfaction of the Archbishop. 6. The Village willprovide all necessary lawn care including fertilizing and cutting of the grass on the subject property and will assume all water. expenses in the care and maintenance of said property. 7. The Village will have the responsibility of maintaining and paying for the cost of using all utilities and services which are installed on the premises by the Village pursuant to paragraph two of this Agreement. 8. The Village, as lessee, will assume all legal responsibilities for maintaining the premises, and agrees to indemnify and hold harmless the Archbishop, the Archdiocese of Miami, and Saint Cla ; ' Church, for any liability arising out of they'� ,: S lac, use of said facilities and premises, and further agrees to defend any legal action brought against the Archbishop, the Archdiocese of Miami, or Saint Clare's Church, arising out of the ownership, maintenance or use of said facilities and premises. 9, The Village shall provide the Archbishop with a copy of a certificate of insurance showing coverage for liability in the amount of at least One Hundred Thousand ($100,000.00) Dollars in rest t to any one person, and in the amount of Three Hundred Thousand ($300,000.00) Dollars in respect to any one accident, said policy listing both the Village and the Archbishop as named insured. 10. The Archbishop at all times reserves the right to refuse installation of capital improvements by the Village on the said property. 11. In the event that any taxes of whatever nature are levied on the premises as a result of the capital improvements installed .by the Page Tao LAW OFFICES OF JOSEPH M. F ITZGERALD, P A., 502 SECURITY TRUST OUR_ DING. MIAMI, FL ORIDA 33111 Village, said taxes shall be paid by the Village. 12. The Archbishop does hereby lease to the Village the property as described on the attached schedule "A" under the terms and conditions hereinafter set forth. 13. The term for which the Archbishop leases said premises is twenty-five years (25) from the date hereof at a yearly rental on One Icflar ($1.00) per year payable to the Archbishop on the yearly anniversary of this Agreement. It is specifically understood and agreed that by mutual agreement of the parties hereto the term of this lease may be shortened or extended, subject.to the provisions of paragraphs nineteen and twenty • hereinafter set forth. 14. That Saint Clare's Church shall have the exclusive use of the facilities during normal school hours for its school activities. The Church shall further have the right to utilize the.facilities at other than school hours upon reservation with the Village government. Said premises are to be used by Saint Clare's Church and the Village on a coordinated basis and scheduled use of the property by either Saint Clare's Church or the Village shall be by a mutually agreed upon program of use. it is intended that the Village and Saint Clare's Church work together coordinating a schedule of activities on the leased area to the maximum benefit of the community and its citizens and Saint Clare's Church. 15. The Village shall have the right to remove the capital improvements installed by them in the event of the cancellation of the Lease;by the Archbishop upon one hundred and twenty (120) days written notice, subject to the provisions of paragraph twenty hereof. 16. In the event it becomes necessary to remove any of the capital improvements which have been installed or constructed by the Village in the leased area because of the construction of new improvements by the Archbishop, the Archbishop agrees to relocate or pay the cost of relocating the said capital improvements in the remaining portion of the leased area, if there be adequate area remaining for such reinstallation. Page Three L AW OFFICES OF JOSEPH M. FITZGERALD, P.A., 502 SECURITY TRUST BUILDING, MIAMI, FLORIDA 13141 17. The Village shall use the said premises as a recreational facility only and uses incidental thereto. The facilities herein leased are to be used strictly for the above purposes and no other uses shall be permitted unless specifically approved by the Archbishop. 18. The use of the said property by the Village shall at all times be in compliance with the laws of the State of Florida, and the location of any and all recreational improvements to be placed upon the leased premises shall first be approved in writing by the Archbishop, it being intended that the Archbishop shall have absolute control over the location of any.recreational facilities before they are placed on the leased premises.. Any facilities placed on the leased premises without the prior written approval of the Archbishop as to the location shall immedi- ately be removed or relocated within ten (10) days of written notice by the Archbishop. 19. The Village agrees to take such action, within its discretion, as may be reasonably necessary for the development of the recreational facilities set forth above, subject, however, to the power and authority of the Archbishop, upon one hundred and twenty (120) days written notice to the Village to cancel this Lease as to any designated area which the Archbishop determines is needed exclusively for Church purposes or for any other purpose, or which the Archbishop desires to sell. The Archbishop's determination in this regard shall be conclusively binding upon both parties. 20. It is specifically agreed between the parties hereto that at any time the Archbishop desires to cancel and/or terminate this entire lease, he shall have the conclusive right to do so, provided however, that in the event the Archbishop so elects to cancel, the Village shall be given one hundred twenty (120) days written notice prior thereto, and in the event. of cancellation, as well as upon termination of this lease, in whole or part, the Archbishop shall reimburse the Village for the fair market value of those recreational facilities installed by the Village which are perma- nent and nonrcvable. Page Four l AW OFFICES OF JOSEPH M. FITZGERALD, P.A., 502 SECURITY TRUST BUILDING, MIAMI, FLORIDA 33131 In the event the parties hereto cannot mutually agree on said value, same shall be appraised by three qualified appraisers; one selected by the Archbishop; one selected by the Village; and one selected by the two appraisers so appointed, and. the value arrived at by a majority of these three shall be conclusive and binding on the parties hereto; and in the event the appraiser selected by the Archbishop and the appraiser selected by the Village cannot agree upon a third appraiser; then and in that event, the value shall be determined by the two appraisers. 21. It shall be the responsibility of the Village and the Village agrees to clean up the premises after each and every event the Village sponsors. 22. At the expiration of the lease, in the event same is not cancelled by the Archbishop prior thereto, subject to the provisions of paragraph nineteen above, the Village will have the right to remove all nnvable recreational facilities if it so desires. 23. The Village will have its engineer survey the property and establish the exact legal description of the property hereby leased. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and under the appropriate corporate seal, the day and year first above written. ,_ 7 � VILLAGE: OF NORTH PALM BEACH , • ODIF"^AN F. CARROLL AS OF TUE ARCHnincpsE OF Page Five ?.24 O' ARCH T.3IS11OP MTAMI :AL) LAW OFFICES OF JOSEPH M FITZGERALD, P.A., 50P SECURITY ',PUST BUILDING. ML\MI, FLORIDA 33131