1992-50 Indemnity Agreement with Benjamin School' RESOLUTION N0. 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
' 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 in+h DAY OF necember 1992•
(Village Seal) ~, ,t,!/Ls~c~,~,
MAYOR
ATT
VILLAGE CLERK
1
.~
..
7NDEMrITTY j~~REEMExT r
~4. e (J~n.a.bf.;t 1992 between
AGREEMENT made this _/Q__.,, day o!
Benjamin Private school, Ina. and Village of North Palm Seaoh.
~i T N E 8 S E T Ht
WHEREAS, Agante of the Bonjamin Private School, Ino. did
demolish an unoaoupied building owned by 6aaoonet Utilities, Ina.
on property located on Carollnda Drive adjaoent to the Bonjamin
School, which property and building ie under lease to the village
o! North Palm Beach.
NOW, THEREFORE, in aoneideration oP the sum of Ten Dollars
(610.00), and other good and valuable oaneideration, receipt of
which ie aoknowledged, it is hereby agreed:
SECTION ONB
LIABILITY, L086 OR DAMAOE
Benjamin Private eohool, Ino. undertakes to indemnify village
of North Palm Beach from any and all liability, lose or damage
Village vP North Palm Beach may sulfer ae a result of claims,
demands, oosts or judgments eqa net Village of North Palm Baaah
arising out of, or associated with, Bonjamin Private school, Ins.'s
demolition of the Carolinda Drive pump building owned by saaooast
Utilities, Ina. and lea9efl by the Vilinge of North Palm Beach.
$$CTION TWO
OBLIGATION OP' BENJAMIN PRIVATE SCHOOL
TO DEFEND CI.AIMB
Benjamin Private school, Ina. agraee to defend against eny
olaims brought or cations filed against Village of North Palm Beaoh
with respect to the eubjeot oP the indemnity contained herein,
whother such claims or actions are rightfully or wrongfully brought
or filed. In caso a olaim should ba brought or an cation Piled
with respect to the subjeot.of indemnity herein, Benjamin Private
Bahooi, Ino. agrees that Village of North Palm Beach may employ
attorneys of Village of North Palm Beeoh'e own aeleotion to appear
and defend the claim or notion on bahalP of Vilinge of North Palm
Beach, at the expense of Benjamin Private School, Ino. in this
regard Benjamin Private sohool, Ino. agrees to pay Village of North
Palm Beaoh reasonable ooats 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 defence and shall be the sole
judgo of the acceptability of any compromise or settlement o! any
claims or notions against Village Of North Palm Boaoh.
.. ..
SECTION THREE
ENFORCEMENT OF AGREEMENT - COSTS AND ATTO1tNEYS' FEES
Should it become necessary for Villages of North Palm Beach, or
someone on Village of North Palm Seaoh's behalf, to incuz costs and
expenses or retain the services of an attorney to enforce this
Agreement, or any portion thereof, Benjamin Private 6chool, Inc.
agrees to pay Village of North Palm Beaoh reasonable aosts and
attorneys+ fees (including those on appeal) thereby expended, or
for which liability is incurred.
SECTION FOUR
diTRATION
Village of North Pelm 8oaoh'a rights under this Agreement
shall aommenoe on the data o! execution hereof dnd shall Continue
in full Poroe until the Statute of Limitations runs on all causes
of action that may arias 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 Palm Beaoh agrees to notify Benjamin Private
school, Inc. in writing, within thirty (30) daysr by certified
mail, return receipt requested, at 11000 Ellioon Wilson Road, North
Palm Beach, Florida 33408 as stated in this Agreement, of any claim
made against The Village of North Palm Beaoh on the obligations
indemnified egainot.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the day end year first above written.
Witness: BENJAMIN PRIVATE SCHOOL, INC.
gY ~ ~rI^'^ ~ ~U~ - -
VILLAGE OF NORTH PALM BEACH
~~
TEH/dlun/11970-1/Indamnil.edr
Byt i d~z-