2001-045 NPB Yacht Club Agrmt to use VNPB Garage• RESOLUTION 45-2001
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 AN AGREEMENT WITH NORTH PALM BEACH YACHT CLUB, INC.,
ATTACHED AS EXHIBIT "A", WHICH AGREEMENT AUTHORIZES NORTH PALM BEACH
YACHT CLUB, INC., TO STORE KAYAKS, OPTIMIST DINGHY SAILBOATS AND
ASSORTED EQUIPMENT ON ANON-EXCLUSIVE BASIS IN THE GARAGE BUILDING
OWNED BY THE VILLAGE AND LOCATED ON THE ROAD LEADING TO NORTH PALM
BEACH MARINA; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby
approve the Agreement with North Palm Beach Yacht Club, Inc., attached as Exhibit "A", which
agreement authorizes North Palm Beach Yacht Club, Inc., to store kayaks, Optimist dinghy sailboats
and assorted equipment on anon-exclusive basis in the garage building owned by the Village and
located on the road leading to North Palm Beach Marina.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
Agreement with Norih Palm Beach Yacht Club, 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 10th DAY OF v~f~
(Village Seal)
• ATTEST: ' (%/~LC-
VILLAGE CLERK
AGREEMENT
THIS AGREEMENT made this SOth day of MAY , 2001, by and between the
VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, hereinafter call
"VILLAGE", and NORTH PALM BEACH YACHT CLUB, INC., a Florida corporation, hereinafter
called "YACHT CLUB".
WITNESSETH:
WHEREAS, the VILLAGE is the owner of a storage building approximating one thousand
(1,000) square feet and located on the road to North Palm Beach Marina within the Village of North
Palm Beach, Florida; and
WHEREAS, YACHT CLUB is desirous of utilizing the garage building for purposes of
storing kayaks, Optimist dinghy sailboats and assorted equipment; and
WHEREAS, VILLAGE is agreeable to the use by YACHT CLUB of the garage building on
anon-exclusive basis and upon the terms set forth in this Agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual benefits, promises
and agreements herein contained, it is agreed as follows:
DEMISE AND DESCRIPTION OF PREMISES.
The VILLAGE hereby grants to YACHT CLUB the non-exclusive right to use the garage
building for storage of kayaks, Optimist dinghy sailboats, and assorted equipment. The personal
property to be stored in the garage building by YACHT CLUB is set forth in Exhibit "A" attached
and made part of this Agreement.
2. SCHEDULE OF RENT.
YACHT CLUB shall pay rent to VILLAGE at the rate of Ten Dollars ($10.00) per year.
TERM.
The term of this Agreement shall commence upon full execution of this Agreement and shall
continue for a period of one (1) year. VILLAGE or YACHT CLUB shall have the right to cancel
this contract at any time upon thirty (30) days written notice to the other.
4. IMPROVEMENTS.
YACHT CLUB shall not make any improvements to the garage building without the prior
approval of VILLAGE, which approval shall be in the sole discretion of VILLAGE.
5. OBLIGATIONS OF YACHT CLUB.
YACHT CLUB shall keep the garage building and surrounding premises free of trash and
debris after usage and in a clean, satisfactory and sanitary condition. YACHT CLUB shall comply
with all state and local fire, health and safety regulations. YACHT CLUB shall be responsible for
and pay all damages to the garage building resulting from the use by YACHT CLUB, its members
or authorized agents.
6. VILLAGE USE OF PROPERTY.
VILLAGE shall have the right to utilize the kayaks, Optimist dinghy sailboats and assorted
equipment set forth in Exhibit A" at such times agreed to between the parties.
LOSS OR DAMAGE OF PERSONAL PROPERTY
VILLAGE shall have no responsibility in the event of damage, loss or theft of YACHT
CLUB's personal property.
8. DESIGNATION OF AGENT.
YACHT CLUB agrees to designate in writing to the VILLAGE the person with whom the
VILLAGE can consult in regards to this Agreement.
9. INSURANCE.
YACHT CLUB shall carry commercial general liability insurance in a combined single limit
of One Million Dollars ($1,000,000.00). YACHT CLUB shall name the VILLAGE as an additional
insured on such policies and shall provide written proof of all insurance coverage within ten (10)
days after full execution of this Agreement. The VILLAGE must approve the insurance company,
which approval shall not be unreasonably withheld.
10. UTILITIES.
YACHT CLUB shall pay for all utilities utilized on subject premises.
11. INDEMNITY.
2
YACHT CLUB agrees to indemnify and hold harmless VILLAGE, at all times after date of
this Agreement, against and in respect of all liabilities, claims, damages, deficiencies, actions,
proceedings, demands, assessments, judgements, costs and expenses, including a reasonable
attorney's fee at the trial and appellate level, incident to any of the foregoing by reason of YACHT
CLUB's conduct of activities from and after date of this Agreement upon the premises. Such
indemnification shall include damage to the property of the VILLAGE or injury to employees or
agents of the VILLAGE azising out of the conduct, operation, acts or omissions of the YACHT
CLUB hereunder.
12. ATTORNEY'S FEES.
In any litigation between the parties in regards to this Agreement, the prevailing party in such
litigation shall be entitled to recover from the non-prevailing party a reasonable attorney's fees and
all costs of litigation, both at the trial and appellate level.
13. RECORDING.
Neither this Agreement nor any memorandum thereof shall be recorded in the Public Records
of Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals on the
~~
A
WITNESSES:
NORTH PALM BEACH YACHT CLUB, INC.
l_~~
By. ~~~r~~~
f7 ~4 ry, ~ ~Q ~L! .[
3
day and yeaz first above written.
JUL 16 2001 3:30 PM FR STRRKWERTHER ~ SHEPLY38 0150 TO 15616268256
P.02i0~
~ ~QB~a CERTIFICATE OF LIABILITY INSURANCE ~ °A'~~"M'°""'
07 16/01
Starkweather & Shepley
Insurance Brokerage, Inc.
60 Catamore Blvd.
East Providence, RI 02914-1226
INSUneD
North Palm Beach Yacht Club
5002 Lake Catherine Drive
Lake Park, FL 33403
THE POLICIES OFINSURANCE LISTED BELOW NAVE e
ANY REOUIR9dEM, TERM OR ~NDRION OF ANV
MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE F
POUGIES. AGGREGATE LIMITS SHOWN MAV NAVE BEEN
ONLY AND CONFERS NO RIGHT9 UPDN THE CERTIFlCATE
HDLDER. THIS CERTIFlCATE DOES NOT AMEND, EJREND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSU_RERA: ST. PAUL INSURANCE COS.
INSURER &• • •.•,~••.-.•vJ_. -
INSURER C
INSUREfl D
INSURER E
D TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NDTWITHSTANDING
f OR OTHER DOCUMENT WITH RESPECT Tq WHICH THIS CERTIFICATE MAY BE ISSUED OR
E^aCRIeED HEREIN IS 6U&IECT TO ALL THE 7FAM5, EXCLUSIONS AND OONOOIONS OF SUCH
BY PAID CLAIMS.
LTR TYPE OP INSURANCE POLCY NUMBER DPOLKY EFFECTIVfi POLICY EXPIFtATICN- -"- UMR S
A OENERALLIABRJTY 390FA503600201 07/19/00 07/19/01 ,EAC/1000URflENCE sl 000 000
X COMMERC44LGENERALLIABLRV FIRE DAMAGE An wwnra) $50,•000
CLAIMS MADE uOCCUR MEDEXP (Arty Pna oereanl 35 ~QO
TNCL YACHT CL PERSONIILBADVINJURY s1 000 000
-.--, ,,_ GENERAL AGGREGATE $
GENL AGGREGATE LIMRAPPLIEBPER; _
PRODUCTS -COMP/OP AGG _
Sl OOO OOO
PDUCY ~ PR
LOC
AUT OMOBILE UARIUTV
COMBINED SINGLE UMR S
ANYAUFO (Ee ewieem)
qIL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per parson) $
, HIRED AUTOS
1-„ BODILY INJURY
$
NONAWNED AUTOS (P<r xctlrnU
-,_,. ....__ I PRDPERN DAMAGE
$
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( GARAGE WA&lDY I '
AIfTO ONLY-EA ACCIDENT S
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aNV aura OTHER THAN EA ACC $_
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AUTOONLY: AGG S
EXCESS UAEILRY_ I EACH OCCURRENCE S
OCCUR u CLAIMS MADE
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AGGREpATE , __
$
$
H DEDUCTIBLE $
PETEMION S _.__....... ..__ __..._
$
WDRNER$COMPENSATON AND I T CSTATU• 1 GYH•
EMPLOYERS' LIABILITY
I E.L. EACH ACOIOENT $
EL DL$EA$E •EA EMPLOYEE _
$
I 1 E.L DISEASE-POUCY LIMIT $
OTHER 1
n r rVniY~NiA Ntlns•YCnrtAes~eApwCTpNB gppEp BY ENOORSEMEMI$PEG4l PROWSIONS
Certificate Holder listed belpw is named as Additional Insured
Village of North Palm Beach
501 U.S. Highway 1
North Palm Beach, FL 33408
SHOULD ANTOFTIE ABOVE DE$CryBED POLICB:SBE CANCELLED BEPDAETH E E:fPIRAT1IXi
GATE THEREOF, TFIE ISSUING INSURER WILL ENDEAVOR TO MNL ]_()_-pAYS WRITTEN
NOTCETOTHE CERIIFX:ATE HOSDERNAl4 y FT BUTFAILURE TOD0303NALL
IMPOSE N008LIGA710N OR LU4TlIkJt~1X~1L~~1-~~ A'I~I7~YGENT3 °R
AIfMOA1ZEp REPRESENTATIVE
u-B(T~~1 of 2 #542070/M18830 5LN o
North Palm Beach Yacht Club
1037 Marina Drive
North Palm Beach, FL 33408
July 24, 2001
Ms. Kathleen F. Kelly, CMC
North Palm Beach Village Clerk
501 U.S. Highway #1
North Pahn Beach, FL 33408
Re: Contact Person, Four-Bay Garage
Dear Ms. Kelly:
At a meeting of the North Palm Beach Yacht Club Board of Governors held on Thursday, July
19, 2001, the Boazd unanimously named P/C James C. Peterson as the contact person to act on
the Club's behalf with respect to the use of the Four-Bay Garage in Ancorage Park. P/C
Peterson's home address is 540 hazbow Road, North Palm Beach, FL 33408. His telephone
number is (561) 841-4600.
Attached hereto please find the existing Certificate of Insurance in the amount of $1,000,000.00
from St. Paul Mutual. We will forwazd a copy of the 2001-2001 certificate as Soon as we receive
it.
Thank you for your attention to this matter.
V truly ,
~.
jAlan Adams
~~ll Commodore, N.P.B.Y.C.
Client: 25473
AL
ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/OD/YYYY)
08/06/D3
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Starkweather & Shepley ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO B ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ox 294
Westerly, RI 02891 INSURERS AFFORDING COVERAGE NAIC #
INSURED
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b INSURER A: ST PAUL COS./SAILING
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13124 INSURER B:
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North P
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FL 33408
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, INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LT NSR TYPE OFINSURANLE POLICY NUMBER POLICY EFFECTIVE
DATE MM ODIYY POLICY E%PIRATION
TE MMIDOIYV
LIMITS
A GE NERAL LIABILITY 0390SS0201 07119/03 D7/19/D4 EACH OCCURRENCE $1 DDD DDD
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $SO OOO
CLAIMS MADE a OCCUR MED EXP (Any ono Person) $5 DDD
PERSONAL BADVINJURY $1 DDD DDD
GENERAL AGGREGATE $
GE NY AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $1 OOO OOO
POLICY PRO- LOC
AUT OMOBILE LL101LITY
COMBINED SINGLE LIMIT $
ANY AUTO (Ea acddenU
ALL OWNED AUTOS
eODIIV INJURY
$
SCHEDULED AUTOS (Per person)
HIRED AUTOS
BODILY INJURY $
NON-0WNED AUTOS (Per acddenU
PROPERTY DAMAGE $
(Per ectidenD
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO EA ACC
OTHER THAN $
AUTO ONLY: pGG $
EXCESSNMBRELIA LIABILITY EACH OCCURRENCE $
OCCUR ~ CLAIMS MADE AGGREGATE $
OEOUCTIBLE g
RETENTION $ $
WORKERS COMPENSATION AND WC STATU- OTH-
EMPLOYERS' LIAR WTY
ANY PROPRIETOR/PARTNERIE%ECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER E%CLUOEOT E.L. DISEASE- EA EMPLOYEE 8
If yyes, dascnbe under
SPECIAL PROVISIONS helow E.L. DISEASE-POLICY LIMIT $
A on+ER P 8 1 0390SS0201 07/19/03 07/19/04 $1,000,000
DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROWSIONS
Certificate Holder listed below is noted as an Additional Insured:
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Village of North Palm Beach DATE THEREOF,THEISSUINGINSURERWILLENOEAVORTOMAIt 7 DAYS WRITTEN
501 U.S. Highway i NOTICE TO THE CERTIFlCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
North Palm Beach, FL 33406 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS gGENTB OR
REPRESENTATNES.
AUTHORIZED REPRESENTATIVE
I
ACORD 25 (2001108) 1 Of 2 #5850501M85049 TH O ACORD CORPORATION 1988