1992-52 Lease Agreement with Benjamin School for Use of Soccer Field' 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.
a
PASSED AND ADOPTED THIS 10th DAY OF December _, 1992.
(Village Seal)
MAYOR!
0
ATTES .
VILLAGE CLERK
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THIS AGREEMENT made and entered into this
10th day of _
-.Weep„hPr 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+').
11ITN886STH
xn consideration of the of the Premises and benefits Plowing
to each party, the parties hereto do mutually agree as follows:
i. The term of this Tease is five (5) years commenoing with
the execution of this Agreement and the yearly rental rats is One
Dollar ($i.oo) per year payable to the Benjamin School on the
yearly anniversary of this Agreement.
2. puring the term of this Agreement, the Benjamin School
will allow the village access to the lower sohool soccer field
(hereinafter referre8 to as the 'Premises") for soccer practice by
village sponsored recreational soccer teams. specifically, the
Village shall be permitted to utilize the Premises from August 1
through November 30 of each year, on the days Monflay through
Thursday from 4:30 p.m. until dark. The Benjamin School shall ba
permitted to utilize the Premises during sash time periods upon
twenty-Pour (24) prior notioe to the Village.
3. The Village shall use the said Premises as a recreational
soccer practice facility only and uses inoid$ntal thereto. The
facilities herein made available through the Village are to be used
strictly for the said purposes and no other purposes shall be
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permitted unless specifically approved in advance, by the Senjamin
School.
4. Pursuant to the terms and aonditione herein, it is
intended that the village and the Benjamin School Work together
coordinating a sohedule of activities on the Premises to the
maximum benefit of both patties.
5. The Village agrees to insure proper clean-up of the
Premises following each use by the Village. Further, Villag®
agrees to reimburse the Benjamin School Por eny additional expense
over routine maintenance expenses which is oacaeioned by the
Villages 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 coats which may be
imposed upon, incurred by or asserted or olaimed against the
Benjamin school or its agents by reason o~ or relating to the
Village's use of the premises.
If any aotion or prooeeding is brought against the Benjamin
Sohool or its agents or any olaim is asserted against the Benjamin
Sohool or its agents arising from or any way relating to the
villages use of the Premises, then the Village shall, at the
Villages expense, resist or defend such claim or action or
proceeding by oounsel approved by Senjamin School in writing, which
approval the Benjamin School agrees not unreasonably to withhold.
If the Village has supplied the Benjamin Sohool with insurance
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policies covering any of the affirmentioned risk, no claim shall be
made against the Vfliaqe unless and until the insurer shall fail or
refuse to defend and/or pay all or any part thereof. The covenants
contained in this Oection 6 shall survive the expiration,
cancellation or termination of this Agreement.
7. The village shall maintain minimum insurance coverage of
$100,000.00 per individual claim $200,000.00 aggregate for claims
arising out of or relating to this activity for personal injury and
death and for property damage. Said polfcy(ies) shall list both
the Village and Benjamin School as named insured.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and Seale as of the date First above written.
WITNESSES
LfiSSfiE:
VILLAGE OF NORTH PALM BEACH,
a Flor a mUn oipal o oration
ey:
y ierman, Mayor
A tes .
Village Clark
DATEp•
3
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TfN/bJw/11970.1/AOrpeme`~t,(~~
December 14, 1992
L$SSOR:
TH$ BENJAMIN PRIVATE SCHOOL,
INC.
ahn Thomas, President
Attes
DATED
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