1974-40 Lease Agrmt re St Clare Ball Fields
RESOLUTION N0. 40-74
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO SIGN A LEASE WIT}[
ST. CLARF,'S ROMAN CAT}{OLIC CHURCH FOR CERTAIN LAND FOR RECREATION AREA.
' BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEAC}{,
FLORIDA:
Section 1. The Mayor and the Village Clerk be, and they are
hereby, authorized and directed to sign that certain lease between The
Village of North Palm Beach and. Archbishop Coleman F. Carroll for the
lease by the Village of certain land at St. C1areTS Roman Catholic
Church for use as a recreation facility for the Village of North Palm
Reach.
Section 2. The Village Clerk is authorized and directed. to
affix the Village Seal to said lease.
Section 3. This Resolution shall take effect immediately
upon passage.
PASSED ANll ADOPTED THIS 13 DAY OF JUNE, 1974.
/s/ Walter N. Colbath, Jr.
MAYOR
ATTF. ST
/s/ llolores R. Walker
Village Clerk
1
•;-.-__
LEASE AQ2EEMQVT
THIS AGREEMII~PP made and entered into this 13th day of June
A. D., 1974, by and between the VLf..lAGE OF NORTH PALM BEACE;,
a political subdivision of the State of Florida, hereinafter referred to
as the "Village," and COLEMAN F. C11REmLL as Archbishop of the Archdiocese
of Miami, a corporgtion sole, hereinafter referred tv as "Archbishop,"
4~TSTNESSETH:
Wr~'EtEAS, the Village is willing to pay for and install capital
improvements on that certain property owned by the Archbishop, described
on the attached.schedule "A" for the use of Saint Clare's Church, North
Palm Beach, Florida, and the Archdiocese of. Miami, ar~d for use by the Village
as hereinafter set forth; and
L•d-IEI2F.AS, the Archbishop deertr it desirable to pernut the Village
to retain title to capital i~Jrovements paid for and installed by the
Village cxr the property described in schedule "A", caned by the Archbishop;
NOW, TI-IE:REFt~RE, for and in consideration of the premises and
benefits flowing to each party, the parties hereto do mutually agree as
follows:
1. The Village will at its cost construct recreation facilities
on the site of the subject property, inclLxling but not limited. to, a
lighted football field, alighted baseball field, a joint concession stand,
a macttianical room and. restsoam building, and the installation of an irrigation
sprinkler system.
2. The Village will, at its cost and discretion, erect and
maintain such recreational facilities as they may dErm appropriate incltuling
the necessary maintenances service for said facilities, including but not
limited to electricity, lighting, and water.
3. The Archbishop dms hereby authorize and permit the Village
to retain title to the capital improvements paid for. .and installed by the
Village on the property described as schedule "A", owned by the Archbishop,
ir,~on the termination of the Village's use of said prclJerty.
L A'w OFFICES OF JOSEPH M. FITZGERALD, P. A., 502 SF_CV RITY TRUST 9UILDINR, iblAMl, F'L ORIpA J3131
4. Installation and construction of the capital improve~mnts
shall be subject to the approval of the Archbishop, and the Village buildiny
departments and appropriate agencies.
5. The capital improvements, installed by the Village will be
laid out and developed for harmonious use. of. said area and the recreational-
educational programs both of Saint Clare's Church, and Village, and subject
to the satisfaction of the Archbishop.
6. Z'he Village will. provide all necessary lawn care including
fertilizing and cutting of the grass on the subject property and will
assume all water. expenses. in the care and maintenance of said property.
7. The Village will have the responsibility of maintaining
and paying for the oust of using all utilities and services which are
installed on the premises by the Village pursuant to paragraph ttivo of this
Agt~estr_nt.
8. The Village, .as lessee, will assume all legal responsibilities
for maintaining the premises, and agrees to indemnify and hold harmless the
Archbishop, the Archdiocese of Miami, and Saint Cla Church, for any
liability arising out of the,~m'!' LA Gtr is+ ~ use of said facilities
and premises, and Further agrees to defend any legal action brought against
the Archbishop, the Archdiocese of Dli.ami, or Saint Clare's Church, arising
out of the ownership, maintenance or use of said facilities and premises.
9R The Village shall provide the Archbishop with a copy of a
certificate of insurance shaaing coverage for liability in the amount of at
a
least One IIUndred Thousand ($100,000.00) Tk)llars in respect to any one person,
and in the amount of Three Hundred Thousand ($300,000.00) iX~llars in respect.
to any one accident, said policy listing both the Village and the Archbishop
as named insured.
10. The Archbishop at all times reserves the right to refuse
installation of capital improvements by the Village on the said property.
11. In the event that any taxes o£ canatever nature are levied
on the premises as a result of. the capital improvements installed ~y the
Page Two
LAW OFFICES DF JOSEPH M. FITZOE Rq LO, P. A., 502 SF CURITY TRYST dU1L^ING, MIAMI, FLORIDA 331 t1
Village, said taxes shall be paid by the Village.
12. .The Archbishop does hereby lease to the Village the
property as described on the attached schedule "A" under the terms and
conditions hereinafter set forth.
13. The term for which the Archbishop leases said premises
is twenty-five yeas (25) from the date hereof at a yearly rental on One
Ibllar ($1.U0) per year payable to the Archbishop on the yearly anniversary
of this Agreement. It is specifically understood and agreed that by mutual
agreement of the parties hereto the term of this lease may be shortened or
extended, subject.to the provisions of .paragraphs nineteen and twenty
hereinafter set forth.
14. That Saint Clare's Church shall have the exclusive use of
the facilities during nort»1 school hours for its school activities. The
Church shall further have the right to utilize the facilities at other than
school hours upcsi reser~ration with the Village government. Said premises
are to be used by Saint Clare's Church and the Village on a coordinated
basis and scheduled use of the property by either Saint Clare's Church or
the Vi.llac_> shall be by a mutually agreed upon program of use. ].t is intended
that the Village and Saint Clare's Church work together coordinating a
schedule o.E activities on the ].eased area to the maximum benefit of the
ccxnnunity and its citS.zeras and Saint Clare's Church.
15. The Village shall have the right to remove the capital
improverr~nts~installed by them in the event of the cancellation of the
I,ease~by the Archbishop upon one hundred and twenty (120) days written notice,
subject to the provisions of paragraph twenty hereof.
1G. In the event it becon~s necessary ire remnve any of the
capital it~rovements which have been installed or constricted by the Village
in the leased area because of the construction of nc~o improvements by the
Archbishop, the Archbishop agrees to relocate or pay the cost of relocating
tt~e said capital i~rovements in the remaining portion of the leased area, if
there be adequate area remaining for rich reinstallation.
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LAW OFFICES OF JOSEPH M. FITZGERAI.O, P. A., 502 SECURITY TRUST RUILDIN G, MIAMI, FLORIDA i31J7
17. The Village shall use the said premises as a recreational
facility only and uses incidental therein. The facilities Herein leased
are to be used strictly for the above purposes and no other uses shall be
permitted unless specifically approved by the Archbishop.
18. .The use of:the said property by the Village shall at all
times be in colcgliance with the laws of the State of Florida, atxl the
location of any and all recreational improvements to be placed upon the
leased premises shall first be approved in writing by the Archbishop, it
being intended that the Archbishop shall have absolute control over the
location of any recreational facilities before they are placed on the
leased premises.. Any facilities placed on .the leased premises without the
prior written approval of the Archbishop as to the. location shall immd_i-
ately be removed or relocated within ten (10) days of written notice by
the Archbishop.
19. The Village agrees to take such action, within its discretion,
as may be reasonably necessary for the development of .the recreational
facilities set forth above, subject, hoc5ever, to the pa.~r and authority
of the Archbishop, upon one hundred and twenty (120) days written notice
to the Village to cancel this Lease as to any designated area which the
Archbishop determines is needed exclusively for Church purposes or for any
other purpose, or ~~tiich the Archbishop desires to sell. The Archbishop's
determination in this regard shall. be conclusively binding upon both parties.
20. Zt is specifically agreed betcaeen the parties hereto that
at any time the Archbishop desires to cancel and/or terminate tllis entire
lease, he shall have the conclusive right to do so, provided however, tYk1t
i_n the event the Archbishop so elects to cancel, the Village shall be given
one hlmdred twenty (120) days written notice prior thereto, and in the event.
of cancellation, as well as upon termination of this lease, in whole or.
p,Jrt, t'r)e Archbishop shall reimburse the Village for the fair market value
of those recreational facilities installed by the Village which are perma-
nent and non[rovable.
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LAW OFFICES OF JOSEPH M. FITZGE BALD, P. A., .502 SECV R:TY "TRUST PUILDINO, MIAMI, FLORIDA 33131
In the event the parties hereto cannot mutually agree on said
value, wire shall be appraised by three qualified appraisers; one selected
by the Irchbishop; one selected by the Village; and one selected by the
two appraisers so appointed, and, the value arrived at by a majority of these
three shall be conclusive and binding on the parties heretoi and in the
event the appraiser selected by the Archbishop and the appraiser selected
by the Village cannot agree upon a third appraiser; then and in that event,
the value shall be determined by the two appraisers.
21. It shall be the responsibility of the Village and the
Village agrees to clean up the premises after each and every event the.
Village sponsors. .
22. At the expiration of the lease, in the event same is not
crincelled by the Archbishop prior thereto, subject to the provisions of
paragraph nineteen above, the Village will have. the right to remove all
nn'vable recreati~al facilities if it so desires.
23. The Village will have its engineer survey the property and
establish the exact legal description of the property hereby leased.
IN WITNESS WF}F,REOF, the parties hereto have caused this instrument
to be signed in their respective names by theix proper officials and tinder
the appropriate corporate seal, the day and year first above caritten.
VILIACTi OF D]ORTfi PALM }3EAC1
'.AL)
MAYOR
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OF TElE ARCfIDIOCFSF. OF MIANII
Page Five
La\`N OFFICES OF JOSEPH M. F1T7.OERAID, P.A., 50? SF CURI'f V ?RUSE PUILDING. ML~MI, PLOR~OH 33131