HomeMy WebLinkAbout1992-50 Indemnity Agreement with Benjamin School1
RESOLUTION NO. 50-92
A RESOLUTION OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO AN INDEMNITY
AGREEMENT WITH THE BENJAMIN PRIVATE
SCHOOL, INC., ATTACHED AS EXHIBIT
"A", WHICH AGREEMENT INDEMNIFIES THE
VILLAGE OF NORTH PALM BEACH FROM
LIABILITY ARISING OUT OF THE
BENJAMIN PRIVATE SCHOOL, INC.'S
DEMOLITION OF THE CAROLINDA DRIVE
PUMP BUILDING OWNED BY SEACOAST
UTILITY AUTHORITY AND LEASED BY THE
VILLAGE OF NORTH PALM BEACH; AND,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Benjamin Private School, Inc. demolished the
Carolinda Drive pump building owned by Seacoast Utility Authority
and leased by the Village of North Palm Beach; and,
WHEREAS, the parties are desirous of entering into an
indemnity agreement whereby the Benjamin Private School, Inc. will
indemnify the Village of North Palm Beach from any and all
liability associated with the Benjamin Private School, Inc.'s
demolition of the Carolinda Drive pump building owned by Seacoast
Utility Authority and leased by the Village of North Palm Beach.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA:
Section 1. The Village Council of the Village of North
Palm Beach does hereby approve the indemnity agreement with the
Benjamin Private School, Inc. attached as Exhibit "A", which
agreement provides for indemnification by the Benjamin Private
School, Inc. to the Village of North Palm Beach for the former's
demolition of the Carolinda Drive pump building owned by Seacoast
1
1
Utility Authority and leased by the Village of North Palm Beach.
Section 2. The Mayor and Village Clerk are hereby
authorized and directed to execute the lease agreement with the
Benjamin Private School, Inc. set forth in Exhibit "A" for and on
behalf of the Village of North Palm Beach.
Section 3. This Resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED THIS 1p hDAY OF Deumbor. 1992.
(Village Seal)
ATT
VILLAGE CLERK
i
-et/
/� v MAYOR
INDEMNITY AGREEMENT
AGREEMENT made this ,(014 day of ¢ cxn..,be t, 1992 between
Benjamin Private School, Inc. and Village of North Palm Beach.
4 I T N I S S E T_HI
WHEREAS, Agents of the Benjamin Private School, Inc. did
demolish an unoccupied building owned by Seacoast utilities, Inc.
on property located on Carolinda Drive adjacent to the Benjamin
School, which property and building is under lease to the village
of North Palm Beach.
NOW, THEREFORE, in consideration of the sum of Ten Dollars
($1O.00), and other good and valuable consideration, receipt of
which is acknowledged, it is hereby agreed;
SECTION ONE
LIABILITY, LOSS OR DAMAGE
Benjamin Private School, Inc. undertakes to indemnify village
of North Palm Beach from any and all liability, loss or damage
Village of North Palm Beach may suffer as a result of claims,
demands, costs or judgments against Village of North Palm Beach
arising out of, or associated with, Benjamin Private School, Inc.'s
demolition of the Carolinda Drive pump building owned by Seacoast
Utilities, Inc. and leased by the Village of North Palm Beach.
SECTION TWO
OBLIGATION OF BENJAMIN PRIVATE SCHOOL
TO DEFEND CLAIMS
Benjamin Private School, Inc. agrees to defend against any
claims brought or actions filed against Village of North Palm Beach
with respect to the subject of the indemnity contained herein,
whether such claims or actions are rightfully or wrongfully brought
or filed. In case a claim should be brought or an action filed
with respect to the subject.of indemnity herein, Benjamin Private
School, Inc. agrees that Village of North Palm Beach may employ
attorneys of Village of North Palm Beach's own selection to appear
and defend the claim or action on behalf of Village of North Palm
Beach, at the expense of Benjamin Private School, Inc. In this
regard Benjamin Private School, Inc. agrees to pay Village of North
Palm Beach reasonable costs and attorneys' fees (inoluding those on
appeal) thereby expended or for which liability is incurred.
Village of North Palm Beach, at its option, mhall have the sole
authority for the direction of the defense and shall be the sole
judge of the acceptability of any compromise or settlement of any
claims or actions against Village Of North Palm Beach.
SECTION THREE
ENFORCEMENT OF AGREEMENT - COSTS AND ATTORNEYS' FEES
Should it become necessary for Village of North Palm Beach, or
someone on Village of North Palm Beach's behalf, to incur costs and
expenses or retain the services of an attorney to enforce this
Agreement, or any portion thereof, Benjamin Private School, Inc.
agrees to pay Village of North Palm Beach reasonable costs and
attorneys' fees (including those on appeal) thereby expended, or
for which liability is inourred.
SECTION FOUR
DURATION
Village of North palm Beach's rights under this Agreement
shall commence on the date of execution hereof and shall continue
in full force until the Statute of Limitation* runs on all causes
of action that may arise under this Agreement or until otherwise
agreed by the parties in writing.
SECTION FIVE
REQUIREMENT OF NOTICE TO BENJAMIN PRIVATE SCHOOL, INC.
Village of North Pain Beach agrees to notify Benjamin Private
School, Inc. in writing, within thirty (30) days; by certified
mail, return receipt requested, at 11000 Ellison Wilson Road, North
Palm Beach, Florida 33408 as stated in this Agreement, of any claim
made against The Village of North Palm Beach on the obligations
indemnified against.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the day and year first above written.
Witness: BENJAMIN PRIVATE SCHOOL, INC.
By:
VILLAGE OF NORTH PALM BEACH
TEH/dhm/11970-1/Indamnif.adr
By:
2
L• .f ifli.eiz / / 47 z-