2016-41 Cross Parking Agreement with First Unitarian ChurchRESOLUTION 2016 -41
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A NEW CROSS PARKING
AGREEMENT WITH THE FIRST UNITARIAN CHURCH AND TERMINATING
THE PRIOR AGREEMENT; PROVIDINGT FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution 55 -2005, the Village Council approved a
Cross Parking Agreement ( "2005 Cross Parking Agreement ") with The First Unitarian
Universalist Congregation of the Palm Beaches a/k /a First Unitarian Church ( "Church ")
authorizing the Village to utilize up to thirty parking spaces in the Church's parking lot Monday
through Friday for a monthly fee and authorizing the Church to utilize parking spaces in front of
the Village's Public Works facility on Saturdays and Sundays free of charge; and
WHEREAS, through the adoption of Resolution 2011 -55, the Village Council approved an
Amendment to the Agreement increasing the compensation paid by the Village to the Church,
effective January 1, 2012; and
WHEREAS, the parties wish to terminate the 2005 Cross Parking Agreement and enter into a new
Agreement pursuant to the terms and conditions set forth therein; and
WHEREAS, the Village Council determines that the execution of a new Cross Parking Agreement
is in the best interests of the residents and citizen of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves a new Cross Parking Agreement with
The First Unitarian Universalist Congregation of the Palm Beaches a/k/a First Unitarian Church, a
copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk
to execute the Agreement on behalf of the Village. As set forth therein, the 2005 Cross Parking
Agreement shall terminate on July 31, 2016. The annual payment shall be $5,700.00, with funds
expended from Account No. A6018 -33491 (Public Works Administration — Contractual Services).
Section 3. All resolutions or parts of resolution in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall be effective irr.
PASSED AND ADOPTED THIS 28TH DAY OF R
(Village Seal)
ATTEST:
VILLAGE CLERK
CROSS PARKING AGREEMENT
THIS CROSS PARKING AGREEMENT is made and entered into this WJM day of July,
2016, by and between the Village of North Palm Beach, Florida, a Florida municipal corporation
("Village ") and The First Unitarian Universalist Congregation of the Palm Beaches a/k/a First
Unitarian Church ( "Church").
WITNESSETH:
WHEREAS, the Village and the Church are parties to a Cross Parking Agreement dated June
25, 2005 0"2005 Cross Parking Agreement "), as amended on December 8, 2011, where by the
Church agreed to allow the Public Works Department to park vehicles on the Church's property
from Monday through Friday for a monthly fee and the Village agreed to allow the Church to
utilize the parking spaces in front of the Public Works Department on Saturday and Sunday free
of charge; and
WHEREAS, the Village and the Church wish to terminate the 2005 Cross Parking Agreement,
as amended, effective July 31, 2016, and enter into this new Agreement.
NOW, THEREFORE, in consideration of the mutual representations and obligations set forth
herein and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Termination of Prior Agreement
The Cross Parking Agreement dated June 25, 2005, as amended by a First Amendment dated
December 8, 2011, is hereby terminated effective July 31, 2016.
2. Agreement Term
The term of this Cross Parking Agreement shall commence on August 1, 2016 and shall continue
through September 30, 2019.
3. Cross Parkine
A. During the term of this Agreement, the Church grants the Village the right, on Monday
through Friday of each week, to park up to thirty (30) vehicles in its parking lot located at
635 Prosperity Farms Road, North Palm Beach, Florida.
B. During the term of this Agreement, the Village grants the Church the right, on Saturday
and Sunday of each week, to utilize the parking spaces in front of the Village's Public
Works Department located at 645 Prosperity Farms Road, North Palm Beach, Florida.
4. Compensation
A. During the term of this Agreement, the Village shall pay to the Church the sum of
$475.00 per month or $5,700.00 per year as follows:
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1. Upon execution of this Agreement, the Village shall pay to the Church the sum of
$708.35, representing the difference between the compensation already paid by
the Village for 2016 (at $333.33 per month) and the compensation payable
pursuant to this Agreement (at $475.00 per month) for the remaining five months
of 2016.
2. On or about January 15th of each year during this term of this Agreement, the
Village shall pay to the Church the sum of $5,700.00, provided, however, that the
payment due on or about January 15, 2019 shall be $4,275.00.
B. The Church is not required to compensate the Village for use of its parking spaces.
C. There shall be no increase in the compensation paid by the Village to Church during the
term of this Agreement.
5. Termination
Either party may terminate this Agreement by providing one hundred twenty (120) days' written
notice to the other party. In the event of termination, any compensation paid by the Village to
the Church shall be prorated and refunded accordingly.
6. Indemnification
A. To the extent provided by law and without waiving its sovereign immunity protections or
the limitations of liability set forth in Section 768.28, Florida Statutes, the Village agrees
to indemnify and hold the Church harmless of and from any and all claims, costs, losses
and damages resulting from or pursuant to the Village exercising its parking rights on
property owned by the Church, which indemnification shall include, but not be limited to,
reasonable attorney's fees and all costs incurred by the Church defending itself at both
the trial and appellate levels.
B. The Church agrees to indemnify and hold the Village harmless of and from any and all
claims, costs, losses and damages resulting from or pursuant to the Church exercising its
parking rights on property owned by the Village, which indemnification shall include, but
not be limited to, reasonable attorney's fees and all costs incurred by the Church
defending itself at both the trial and appellate levels.
C. Nothing set forth in this section shall create a cause of action in favor of any third party.
7. General Provisions
A. Entire Agreement: The provisions of this Agreement constitute the entire understanding
between the parties. No other representations or understandings are binding on the
Village and Church unless contained in this or any subsequently adopted agreement.
B. Governing Law and Venue: This Agreement shall be construed and governed by the
laws of the State of Florida. The parties agree that venue of any proceedings arising out
of this Agreement shall lie exclusively in Palm Beach County, Florida.
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C. Construction of Agreement: The parties acknowledge that each shared equally in the
drafting and preparation of this Agreement and, accordingly, no court or administrative
officer construing this Agreement shall construe it more strictly against one party than the
other and every covenant, term and provision shall be construed according to its plain
meaning.
D. Counterparts: This Agreement may be executed in one or more counterparts, each of
which shall be deemed as original, but all of which shall constitute the same instrument.
E. Attorney's Fees: In any litigation between the parties regarding the enforcement or
interpretation of this Agreement, the prevailing party to such litigation shall be entitled to
recovery from the non - prevailing party reasonable attorney's fees and all costs of
litigation (whether or not taxable) at both the trial and appellate levels.
F. Severabilitv: If any part of this Agreement is contrary to, prohibited by or deemed
invalid under applicable law or regulation, such provision shall be inapplicable and
deemed omitted to the extent so contrary, prohibited or invalid, but the remainder shall
not be invalidated and shall be given full force and effect so far as possible.
IN WITNESS WHEREOF, the parties have executed this Amendment to Cross Parking
Agreement on the date first written above.
(VILLAGE SEAL)
ATTEST:
By: Z�W `
Melissa Teal, Village Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By: `-�� ---- —�
Leonard G. Rubin, Village Attorney
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Page 4 of 4
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