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Home My WebLink About1992-52 Lease Agreement with Benjamin School for Use of Soccer Field1 1 RESOLUTION NO. 52-92 A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A LEASE AGREEMENT OF REAL PROPERTY WITH THE BENJAMIN PRIVATE SCHOOL, INC., ATTACHED AS EXHIBIT "A", FOR THE PURPOSE OF SECURING AND UTILIZING THE BENJAMIN LOWER SCHOOL SOCCER FIELD FOR SOCCER PRACTICE BY VILLAGE SPONSORED RECREATIONAL SOCCER TEAMS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of North Palm Beach is desirous of securing and utilizing the real property known as the Benjamin Lower School Soccer Field for soccer practice by Village sponsored recreational soccer teams. 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 lease agreement of real property with the Benjamin Private School, Inc. attached as Exhibit "A", which agreement is for the purpose of securing and utilizing the real property known as the Benjamin Lower School Field for soccer practice by Village sponsored recreational soccer teams. 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. 1 1 PASSED AND ADOPTED THIS 10th DAY OF December , 1992. (Village Seal) ATTES /...J VILLAGE CLERK 12, 14, yG !t•:.)b JUHES, JUHIIJIUII LEARN XGRSEMENT THIS AGREEMENT made and entered into this 10th day of _ Ileromhar 1992, by and between the Benjamin Private School, Inc. (hereinafter referred to as "the Benjamin School") and the village of North Palm Beach, Florida (hereinafter referred to as "the Village"). 11ITNEBSBTH In consideration of the of the Premises and benefits flowing to each party, the parties hereto do mutually agree as follows: 1. The term of this Lease is five (5) years commencing with the execution of this Agreement and the yearly rental rate is One Dollar ($1.00) per year payable to the Benjamin School on the yearly anniversary of this Agreement. 2. During the term of this Agreement, the Benjamin School will allow the Village access to the lower school soccer field (hereinafter referred to as the "Premises") for soccer practice by village sponsored reoreational soccer teams. specifically, the Village shall be permitted to utilize the Premises from August 1 through November 30 of each year, on the days Monday through Thursday from 4;30 p.m. until dark. The Benjamin School shall be permitted to utilize the Premises during such time periods upon twenty-four (24) prior notioe to the Village. 3. The Village shall use the said Premises as a recreational soccer practice facility only and uses incidental thereto. The facilities herein made available through the Village are to be used strictly for the said purposes and no other purposes shall be 12. 14, yz 16:36 JUINES, JUNNSIU11 s SRAM:b. UU_ permitted unless specifically approved in advance, by the Benjamin School. 4. Pursuant to the terms and conditions herein, it in intended that the village and the Benjamin School work together coordinating a schedule of activities on the Premises to the maximum benefit of both parties. 5. The Village agrees to insure proper clean-up of the Premises following each use by the Village. Further, Village agrees to reimburse the Benjamin School for any additional expense over routine maintenance expenses which is occasioned by the village's use of the Premises. 6. The village will indemnify and save harmless the Benjamin sohool and its agents against and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses including reasonable attorneys fees and costs which may be imposed upon, incurred by or asserted or claimed against the Benjamin school or its agents by reason of or relating to the Village's use of the Premises. If any action or proceeding is brought against the Benjamin Sohool or its agents or any claim is asserted against the Benjamin school or its agents arising from or any way relating to the Village's use of the Premises, then the Village shall, at the Village's expense, resist or defend such claim or action or proceeding by oounsel approved by Benjamin School in writing, which approval the Benjamin School agrees not unreasonably to withhold. If the Village has supplied the Benjamin School with insurance A. V•..V JUI ItoJVJxI Lu1 �1VLa policies covering any of the affirmentioned risk, no claim shall be made against the Village unless and until the insurer shall fail or refuse to defend and/or pay all or any part thereof. The covenants contained in this Section 6 shall survive the expiration, cancellation or termination of this Agreement. 7. The village shall maintain minimum insurance coverage of $ioo,000.00 per individual claim $200,000.00 aggregate for claims arising out of or relating to this activity for personal injury and death and for property damage. Said policy(ies) shall list both the Village and Benjamin School as named insured. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the date first above written. WITNESSES coe) ityet 3 LESSEE: VILLAGE OF NORTH PALM BEACH, a Flare mUnj�aipal oq:c7Poration By: h�/L e/mil My 8'ierman, Mayor DATED: Village Clerk .1tit " J UM 4;.ItJ17 Y. :. IUbli'5 1FH/bjw/11970.1/AOrcert nt.t,e December 14, 1992 4 LESSOR: THE BENJAMIN PRIVATE SCHOOL, INC. By: Attest ohn.Thomas, President eaman W.C-Safnor, Jr. ecretary DATED: