1960-81 Authorization of Mayor and Clerk to Sign Agreement with NPB Utilities~ 3
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.
~-~
' BE IT,-AND
THE VILLAGE OF NORTH
Section 1.
hereby authorized and
• BEACH UTILITIES, INC.
PASSED AND
~ ~~ ~ #~
IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF _
?ALM BEACH, FLORIDA:
That the Village Mayor and Clerk be, and they are
directed to sign a certain agreement with NORTH PALM
in the attached form.
ADOPTED this 10_th .day of Mav 1960.
(SEAL) ~ff~ ~j~ ~~~
Mayor _
AITEST:
Village Clerk
AECeRO 846 PjIGE ~J8
A G RE E M E N T
THIS AGREEMENT made and entered into this 10th day
of Mav 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 I T N E S S E T 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 bf said premises not necessary to the
~j 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;
i
NOW, THEREFORE, for and in consideration of the rents-
i
and covenants hereinafter stmpulated to be paid and performed
by the Village, and in further consideration of the .benefits
flowing to each party, the parties hereto do mutually coNenant
i
and agree as follows:
1. The Corporation does hereby lease to the Village
all the following described lands--and premises, to wit:
~~~~RO ~ 846 eac~ 59
A parcel of land in Section 17, Twonship 42
South, Range 43 Fast, 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 21°-03'-30", and parallel to
the southerly 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 o~
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_sha11 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 October,1986,, at a yearly rent of
One Dollar ($]C.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 o£„
the Village. _
~c. The Village shall have the right to erect
and construct any building, structure, apparatus, or-whatever
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.
- 2 -
RECORD 846 P~~E 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 piogram.
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 a11.
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.
_'3_
i
RftORO S4S PAGE G.,'
Signed, sealed and delivered ~ n
in our presence:
,~i~G-.~ ~ By
//' '. ^
As to Corporatio ATTEST
Secretary
(CORPORATE SEAL) "Corporation"
VILLAGE OF NORTH PALM BEACH,
FLORIDA
~ 'Mayor _
/ ATTESTS ~.AKxx~a. `~• • ~S~
As to Village ~~1r; Village Clerk
4,
SEAL)
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