R2024-93 Cross Parking Agreement with Unitarian ChurchRESOLUTION 2024-93
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING A NEW CROSS PARKING
AGREEMENT WITH THE FIRST UNITARIAN CHURCH; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution 2016-41, the Village Council approved a Cross Parking
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, the 2016 Cross Parking Agreement, as amended, expired on September 30, 2024, and the
parties wish to execute a new Cross Parking Agreement retroactive to October 1, 2024; and
WHEREAS, the Village Council determines that the execution of a new 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 new Cross Parking Agreement with The First
Unitarian Universalist Congregation of the Palm Beaches a/k/a First Unitarian Church retroactive to
October 1, 2024, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor
and Village Clerk to execute the Agreement on behalf of the Village. The compensation for the first
year shall be $7,256.40 (with subsequent increases as set forth in the Agreement), 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repealed to the extent of such conflict.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.
PASSED OPTED THIS 17TH DAY OF OCTOBER, 2024.
IFIDA
MAYOR
ATTEST`�
VILLA CLERK
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CROSS PARKING AGREEMENT
THIS CROSS PARKING AGREEMENT is made and entered into this 17th day of October, 2024,
by and between the Village of North Palm Beach, Florida, a Florida municipal corporation
Village”), 501 U.S. Highway One, North Palm Beach, Florida 33408, and The First Unitarian
Universalist Congregation of the Palm Beaches a/k/a First Unitarian Church (“Church”), 635
Prosperity Farms Road, North Palm Beach, Florida 33408.
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 (“2016 Cross Parking Agreement”), as amended, whereby the Church agreed 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 agreed 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, the 2016 Cross Parking Agreement, as amended, terminates on September 30, 2024,
and the Village and the Church wish to enter into this new Agreement.
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. Recitals
The foregoing recitals are hereby ratified as true and correct and are incorporated herein.
2. Agreement Term
The term of this Cross Parking Agreement shall commence retroactive to October 1, 2024 and shall
continue through September 30, 2029, unless terminated earlier in accordance with Section 5 below.
3. Cross Parking
A. During the term of this Agreement, the Church grants the Village the right, on Monday
through Friday of each week, to park up to thirty (30) vehicles in its parking lot located at 635
Prosperity Farms Road, North Palm Beach, Florida.
B. During the term of this Agreement, the Village grants the Church the right, on Saturday and
Sunday of each week, to utilize the parking spaces in front of the Village’s Public Works
Department located at 645 Prosperity Farms Road, North Palm Beach, Florida.
4. Compensation
A. During the first year of this Agreement, the Village shall pay to the Church the sum of $604.70
per month or $7,256.40 per year as follows:
1. On October 1, 2024, the Village shall pay to the Church the sum of $1,814.10,
representing the payment through December 31, 2024.
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2. On January 1, 2025, the Village shall pay to the Church the sum of $5,442.30,
representing payment through September 30, 2025.
B. During the second year of this Agreement, the Village shall pay to the Church the sum of
695.40 per month or $8,344.80 per year as follows:
1. On October 1, 2025, the Village shall pay to the Church the sum of $2,086.20,
representing the payment through December 31, 2025.
2. On January 1, 2026, the Village shall pay to the Church the sum of $6,258.60,
representing payment through September 30, 2026.
C. For each subsequent year after the second year (commencing October 1, 2026), the amount of
compensation paid by the Village to the Church shall increase by three percent (3%), with the
payment for the first three months due on October 1st and the payment for the remaining nine
months due on the immediately following January 1st.
D. The Church is not required to compensate the Village for use of its parking spaces.
5. Termination
Either party may terminate this Agreement by providing one hundred twenty (120) days’ written
notice to the other party. In the event of termination by either party, any compensation paid by the
Village to the Church for use of the Church parking lot after the termination date shall be prorated
and refunded by the Church to the Village.
6. Indemnification
A. To the extent provided by law and without waiving its sovereign immunity protections or the
limitations of liability set forth in Section 768.28, Florida Statutes, the Village agrees to
indemnify and hold the Church harmless from all claims, demands, causes of action or
liability, resulting from injury or death to persons or damage to or loss of property arising out
of or related to the Village exercising its parking rights on property owned by the Church,
which indemnification shall include, but not be limited to, reasonable attorney’s fees and all
costs incurred by the Church defending itself at both the trial and appellate levels.
B. The Church agrees to indemnify and hold the Village harmless from all claims, demands,
causes of action or liability, resulting from injury or death to persons or damage to or loss of
property arising out of or related to the Church exercising its parking rights on property owned
by the Village, which indemnification shall include, but not be limited to, reasonable
attorney’s fees and all costs incurred by the Village defending itself at both the trial and
appellate levels.
C. Nothing set forth in this section shall create a cause of action in favor of any third party.
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7. General Provisions
A. Entire Agreement: The provisions of this Agreement constitute the entire understanding
between the parties. No other representations or understandings are binding on the Village
and Church unless contained in this or any subsequently adopted agreement.
B. Governing Law and Venue: This Agreement shall be construed and governed by the laws of
the State of Florida. The parties agree that venue of any proceedings arising out of this
Agreement shall lie exclusively in Palm Beach County, Florida. The parties knowingly,
voluntarily, and intentionally waive any right they may have to trial by jury with respect
to any litigation arising out of or in connection with this Agreement.
C. Construction of Agreement: The parties acknowledge that each shared equally in the
drafting and preparation of this Agreement and, accordingly, no court or administrative officer
construing this Agreement shall construe it more strictly against one party than the other and
every covenant, term and provision shall be construed according to its plain meaning.
D. Counterparts: This Agreement may be executed in one or more counterparts, each of which
shall be deemed as original, but all of which shall constitute the same instrument.
E. Attorney’s Fees: In any litigation between the parties regarding the enforcement or
interpretation of this Agreement, the prevailing party to such litigation shall be entitled to
recovery from the non-prevailing party reasonable attorney’s fees and all costs of litigation
whether or not taxable) at both the trial and appellate levels.
F. Severability: If any part of this Agreement is contrary to, prohibited by or deemed invalid
under applicable law or regulation, such provision shall be inapplicable and deemed omitted
to the extent so contrary, prohibited, or invalid, but the remainder shall not be invalidated and
shall be given full force and effect so far as possible.
G. Notices: All notices required by this Agreement shall be sent by certified mail, return receipt
requested, and sent to the addresses appearing on the first page of this Agreement.
H. Inspector General: The Church is aware that the Inspector General of Palm Beach County has
the authority to investigate and audit matters relating to the negotiation and performance of
this Agreement, and in furtherance thereof, may demand and obtain records and testimony
from the Church. The Church understands that in addition to all other remedies and
consequences provided by law, failure of the Church to fully cooperate with the Inspector
General when requested may be deemed by the Village to be a material breach of the
Agreement justifying termination.
Remainder of page blank – signatures on next page]
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IN WITNESS WHEREOF, the parties have executed this Amendment to Cross Parking Agreement
on the date first written above.
VILLAGE OF NORTH PALM BEACH
VILLAGE SEAL) By:_______________________________
Susan Bickel, 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: David Traupman
Title: President
Print Name:
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Kim Hetrick
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