Loading...
R2022-86 Third Amendment to Cross Parking Agreement with 1st Unitarian ChurchRESOLUTION 2022-86 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A THIRD AMENDMENT TO THE CROSS PARKING AGREEMENT WITH THE FIRST UNITARIAN CHURCH TO EXTEND THE TERM AND MODIFY THE PAYMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution 2016-41 on July 28, 2016, the Village Council approved a new Cross Parking Agreement ("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 2019-63 on July 11, 2019, the Village Council approved an Amendment to the Agreement to extend the term through September 30, 2021; and WHEREAS, through the adoption of Resolution 2021-45 on May 27, 2021, the Village Council approved a Second Amendment to the Agreement to extend the term through September 30, 2022; and WHEREAS, the parties wish to again amend the Agreement to extend the term through September 30, 2023, with the option of an additional one-year through September 30, 204 and modify the payment through the extended term; and WHEREAS, the Village Council determines that the execution of a Third Amendment to the 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 Third Amendment to the 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 Third Amendment on behalf of the Village. The annual payment shall be $6,450.00, 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 All resolutions or parts of resolution in conflict with this Resolution are hereby repealed to the extent of such conflict.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 immediately upon adoption. Page 1 of 2 PASS TED THIS 13TH DAY OF OCTOBER, 2022. (V • ARIDA • `� OR 7 •0•8•• AT ,•+' �r VILLAGE CLERK Page 2 of 2 Page 1 of 2 THIRD AMENDMENT TO CROSS PARKING AGREEMENT THIS THIRD AMENDMENT is made and entered into this 13th day of October, 2022, 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”). W I T N E S S E T H: WHEREAS, the Village and the Church are parties to a Cross Parking Agreement dated July 28, 2016, whereby the Church agrees 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 agrees 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, through the execution of an Amendment to the Agreement on July 11, 2019, the parties extended the Agreement through September 30, 2021; and WHEREAS, through the execution of a Second Amendment to the Agreement on May 27, 2021, the parties extended the Agreement through September 30, 2022; and WHEREAS, the parties wish to again extend the term of the Agreement through September 30, 2023, with the option for one additional extension through September 30, 2024, and modify the compensation paid by the Village. 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. Section 2 of the Agreement is amended to extend the term of the Agreement through September 30, 2023 retroactive to October 1, 2022. The Agreement shall automatically renew for an additional one-year term through September 30, 2024, unless the Village gives written notice to the Church of its intent to terminate the Agreement on or before July 31, 2023. 2. Section 4 of the Agreement is hereby amended to provide as follows: A. For the additional term through September 30, 2023, the Village shall pay to the Church the sum of $537.50 per month or $6,450.00 per year as follows: 1) Upon execution of this Third Amendment, the Village shall pay to the Church the sum of $1,612.50, representing the payment due through December 31, 2022. 2) On January 1, 2023, the Village shall pay to the Church the sum of $4,837.50 January 1, 2023 through September 30, 2023). DocuSign Envelope ID: 14729369-FA90-46ED-BC75-C3BC3387A15DDocuSign Envelope ID: AFE061B0-BEB2-4352-9F7A-1F860E9F362A Page 2 of 2 B. For the additional term through September 30, 2024 (in the event the Agreement is not terminated), the Village shall pay the Church the sum of $537.50 per month or 6,450.00 per year as follows: 1) On October 1, 2023, the Village shall pay to the Church the sum of $1,612.50, representing payment through December 31, 2023. 2) On January 1, 2024, the Village shall pay to the Church the sum of $4,837.50 January 1, 2024 through September 30, 2024). 3. All remaining provisions of the Cross Parking Agreement, as amended, shall remain in full force and effect to the extent not expressly modified. IN WITNESS WHEREOF, the parties have executed this Third Amendment to the Cross Parking Agreement on the date first written above. VILLAGE OF NORTH PALM BEACH VILLAGE SEAL) By: _______________________________ Deborah Searcy, Mayor ATTEST: By: _______________________________ Jessica Green, MMC, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: _______________________________ Leonard G. Rubin, Village Attorney FIRST UNITARIAN UNIVERSALIST CONGREGATION OF THE PALM BEACHES A/K/A FIRST UNITARIAN CHURCH Witnesses: By: ______________________________ Print Name: Name: Title: Print Name: DocuSign Envelope ID: 14729369-FA90-46ED-BC75-C3BC3387A15D President SuzanneSchluterRev. Edward M. Proulx Kim Hetrick DocuSign Envelope ID: AFE061B0-BEB2-4352-9F7A-1F860E9F362A