1993-028 Lease Modification with Benjamin Private School1
RESOLUTION N0. 28_93
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR AND VILLAGE CLERK TO ENTER
INTO A LEASE MODIFICATION AGREEMENT
WITH THE BENJAMIN PRIVATE SCHOOL,
INC., ATTACHED AS EXHIBIT "A", TO
PROVIDE THAT THE BENJAMIN PRIVATE
SCHOOL, INC., SHALL HAVE RIGHT TO
SUBSTITUTE A PARCEL OF LAND BY
AUGUST 15, 1993, OR PRIOR TO
COMMENCEMENT OF SITE PREPARATION BY
THE VILLAGE FOR ITS PUBLIC SAFETY
SUBSTATION, WHICHEVER IS LATER; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village of North Palm Beach, as Lessee,
entered into a Lease Agreement of real property dated December 10,
1992, with The Benjamin Private School, Inc., a Florida
corporation, as Lessor; and
WHEREAS, The Benjamin Private School, Inc., has requested
a Lease Modification Agreement to allow i.he school to provide a
substituted parcel of land by August 15, 1993, or prior to
commencement of site preparation by the Village for its Public
Safety Substation, whichever is later.
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 Modification Agreement
with The Benjamin Private School, Inc. attached as Exhibit "A",
1
which Lease Modification Agreement provides that the school shall
have the right to provide a substituted parcel of land by August
15, 1993, or prior to commencement of site preparation by the
Village for its Public Safety Substation, whichever is later.
Section 2. The Mayor and Village Clerk are hereby
authorized and directed to execute the Lease Modification 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 ~~ DAY OF June 1993.
(Village Seal)
ATT _
VILLAGE CLERK
1
MAYOR
LEASE MODIFICATION AGREEMENT
THIS LEASE MODIFICATION AGREEMENT is to that certain
Lease Agreement dated December 10, 1992, by and between THE
BENJAMIN PRIVATE SCHOOL, INC., a Florida corporation, (hereinafter
called "Lessor"), and the VILLAGE OF NORTH PALM BEACH, a Florida
municipal corporation (hereinafter called "Lessee).
WITNESSETH:
WHEREAS, Section 1.1 of the Lease Agreement between the
parties provides that Lessor shall have the right to substitute
another parcel of real property in place of the subject leased
property with such substitution to occur within six (6) months
following execution of the agreement or prior to commencement of
site preparation by the Village for its Public Safety Substation,
whichever is later; and
WHEREAS, the parties are desirous of amending Section 1.1
of the Lease Agreement to provide that Lessor shall have the right
to substitute real property by August 15, 1993, or prior to
commencement of site preparation by the Village for its Public
Safety Substation, whichever is later.
NOW, THEREFORE, in consideration of the premises herein
contained, the parties do hereby mutually covenant and agree as
follows:
]. Section 1.1 of the Lease Agreement is hereby amended
to read as follows:
"1.1 SUBSTITUTED PARCEL. In the event Lessor acquires
additional property which is adjacent to Carolinda Drive, Lessor
may make available to Lessee another parcel in substitution for the
property described in Exhibit A, subject, however, to the
following:
A. Said substitution parcel shall be of equal size
as the property described in Exhibit A;
B. Said substituted parcel shall be in reasonable
proximity to the property described in Exhibit A; and
C. Said property shall have direct access to U.S.
1.
Said substitution must occur by August 15, 1993, Sr prior
to commencement of site preparation by the Village for its Public
Safety Substation, whichever is later."
2. All terms and provisions of the Lease Agreement not
specifically modified herein shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set its
hands and seals as of the date first above written.
WITNESSES:
LESSEE:
VILLAGE OF NORTH PALM REACH,
a Florida municipal corporation
V. A. MARKS, Mayor
Atte t:
t~.t~/t_1_..~
a hleen F. Ce11y,Village Cler
Dated: ~ln1^
LESSOR:
~ / //
• LaC -c
THE BENJAMIN PRIVATE SCHOOL,
INC.
By : ~' l~-aco-~
President
A t. t. e s
l~_ 1 ~, (.mot-.~!
gecre t-er-y VI c.E i~~ r~ ~ o~..l:'T
Dated: ~ d~~~3 _