2002-051 NPB Yacht Club Agrmt for Storage at Anchorage ParkRESOLUTION 51-2002
• A RESOLUTION OP THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BRACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK
TO ]?NTER INTO AN AGREEMENT WITH NORTH PALM BEACH YACHT CLUB, INC.,
A7"I'ACI IfD AS EXHIBIT "A", WHICH AGREEMENT AUTHORIZES NORTH PALM BEACH
YACH"I' CLUB, INC., TO STORE KAYAKS, OPTIMIST DINGHY SAILBOATS AND
ASSORTED EQUIPMENT ON ANON-EXCLUSIVE BASIS IN THE GARAGE BUI[,DING
OWNED BY THE VILLAGE AND LOCATED ON THE ROAD LEADING TO NORTH PALM
BEACH MARINA; AND, PROVIDING FOR AN EFFECTIVE DATE.
B}i IT KIiSOLVIiD BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLOKIDA:
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 ofNorlh Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
I'ASSF.D AND ADOPTED THIS 26th DAY OF SEPTEMBER, 2002.
(Village Seal)
A
r ~
I•_J
AGREEMENT
•
THIS AGREEMENT made this 26th day of SEPTEMBER, 2002, by and between the
VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, hereinafter called
"Vl LLAGE", and NORTH PALM BEACH YACHT CLUB, INC., a Florida corporation, hereinafter
called "YACHT CLUB"
W 17'NESSETH:
WHEREAS, the VILLAGE is the owner of a storage building approximating one thousand
(] ,000) square feet and located on the road to North Palm Beach Marina within the Village of North
Palm Beach, Florida; and
WHI3RF,AS, YACHT CLUB is desirous of utilizing the garage building for purposes of
storing kayaks, optimist dinghy sailboats and assorted equipment; and
WI IERFAS, VILLAGE is agreeable to the use by YACHT CLUB of the garage building on
a non-exclusive basis and upon the terms set forth in this Agreement.
NOW, THEREFORE, inconsideration of the premises and of the mutual benefits, promises
and agreements herein contained, it is agreed as follows:
DEMISE AND DESCRIPTION OF PREMISES.
7'he 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.
• YACf IT CLUB shall pay rent to VILLAGE at the rate of Ten Dollars ($10.00) per year.
3. TERM.
• 7'he 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.
OBI,IGA1'IONS 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.
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 YACIIT
CI,UB's personal property.
DESIGNATION OF AGENT.
YACHT CLUB agrees to designate in writing to the VILLAGE the person with whom the
• VI I,LAGE 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 (] 0)
days after full execution of this Agreement. The VILLAGE must approve the insurance company,
which approval shall not be unreasonably withheld.
]0. UTILITIES.
YACHT CLUB shall pay for all utilities utilized on subject premises.
11. INDEMNITY.
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'
CI,UB's conduct of activities from and after date of this Agreement upon the premises. Such
indemnircation shall include damage to the property of the VILLAGE or injury to employees or
agents of the VILLAGE arising out of the conduct, operation, acts or omissions of the YACHT
CLUB hereunder.
12. ATTORNEY'S FEES.
hi any litigation between the parties in regards to this Agreement, the prevailing party in such
litigation shall he 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.
•
14. AD VALOREM TAXES.
LESSEE shall be responsible for and pay all taxes imposed by governmental authorities
including ad valorem taxes imposed pursuant to and by reason of the lease of facilities to LESSEE.
IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals on the
day and year first above written.
(Village Seri)
VILLAGE OF NORTH PALM BEACH (VILLAGE)
By
ATTEST:
VILLAGE CLERK '
WITNESSES:
',~~-fie
NORTH PALM BEACH YACHT CLUB, INC.
villagz\y ache-cl-829
•
• September 24, 2002
Dear Kitty
Enclosed is the North Palm Beach Yacht Club's check for $10.00 for the lease of the garage at Anchorage
Park.
The Village's contact will be me.
Judy Capone
640 Lighthouse Dr.
North Palm Beach, FL 33408
561 845-9212
Regards,
Jud apone` /
~~-J~ /~°/°y
•
St. Paul Fire & AZarinenInsurance Company
5/
U
• SAILING.
Ocean Marine -Police Certificate - LiS Sailing School Program
TO BE ATTACI-LED TO AND MADE PART OF POLICY NUMBER 390FA5036-00201
Policy Period: 07/19/2002 12:01 a.m. to 07/19/2003 12:01 a.m.
Polict• Premium: 51,438
Insured:
North Palm Beach Yacht Club
1037 Marina Road
North Palm Beach, FL 33408
Agent:
Starkarea[her & Shepley Insurance, Inc.
PO Boa 294
~X'esterh~, RI 02891
Supplemental Names
North Palm Beach Yacht Club
Schedule of Locafions:
Location
1 Lakeside Park North Palm Beach FL 33408
? Anchorage Park North Palm Beach FL 33408
Alarine General I.ia
Limits:
Each Occurrence Products/Completed Ops Pers/Adv Injury Fire Legal Meotcal rxp
$1,000,000 $1,000,000 $],000,000 - $50,000 $5,000
Additional Coverages Provided far this Insured:
*Hull & Machinery Deductible is ]% of value but not less than $500 except when racing or
rented then D/A is 2% of value but not less than $1000
*Protection and Indemnity includes Jones Act Coverage on Instructors Bodily Injury Ded $250
Property Damage Ded $1000
• *Racing Liability
*T-TirPA 2 Nnn_(lwned Auto LlablhtV __
$1,000,000
Insured: North Palm Beach Yacht Club
• Po/icy #: 390FA5036-00201
Policy Period: 07/19/2002 12:01 a.m. to 07/19/2003 12:01 a.m.
Additional Interests: l rllage of North Pa/m Beach
Schedule of l~essels:
Item Descri lion Value
1 G 2000 T7" Van ards -valued at $1,80 each vessel $11
100
2 1991 10' Avon ,
$2,600
3 2001 14'6" Amecican 14.6 $5,600
4 12 Kavaks **"*LIABILITY ONLY***•
Date: 07/18/02
.SfIYCCtf .C .lV[,.Q
Authorized Signature
A ent: Starktiveather & Shepley Insurance, Inc., PO Box 294, Westerly, RI 02891
•
s~
+ - client ~=Y,~
~~~Qv CERTIFICATE OF LIABILITY INSURANCE o~i aioa
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
tarkweather & Shepley ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
tSUrariCe, IriC. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
BOX 294 INSURERS AFFORDING COVERAGE
Westerly, RI 02891 ----
INSURED - INSURER A: ST PAUL FIRE & MARINE ___
North Palm Beach Yacht Club WSURER B: -
1037 Marina Road INSURER C: ____
North Palm Beach, FL 33408 WsuRERo- __ --- -
:OVERAGES
ANY R~OUIREMENTS TERMC ORSCONDITION OF AN 9 CONTRACTDOR OTHER CXKUMENT WITH RESPECT TO WHICH TH SOCEIRTDIF CA7E MAOV BET SSUEDIOF
MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS uMRS
_-_.__._-_T-- ppU YE ECTIY P UCY XPIRATION
_ __.._..........~e ....e ,uumn,wi DATE fMM/DD/YYL
TR TYPE OF INSURANCE
A LGENERAL UABILRY
~I ~( COMMERC'AL GENERALLUBILRY
[ ~ CLAIMS MADE C OCCUR
I __ __
~GENL AGGREGATE LIMR APPLIES PER
~'. POLICY' IPFRD LOC
A LAUTOMOBILE LIABILITY
ANY AUTO
~_~ ALL OW NED AUTOS
_ SCHEDULED AUTOS
r_X ' NIRED AUTOS
X NON-OW NED AUTOS
~ I
390FA503600201 I07/19/02I07/19/03
ADV
C
390FA503600201
GARAGE UABILRY
L^, MiV AUTC I
E%CE55 UABWTY
OCCVR :CLAIMS MADE I
I
___ DEDUCTIBLE ~~
RETENTION S
WORKERS COMPENSATION AND ill
EMPLOYERS'UABIUTY
07/19/0207/19/03 i COMBINED SINGLE LIMIT I51, 000, 00~
(Ea s<citlenq
1 r~~ _~ BODILY INJURY
!+
_
_ ~ ~ (Per person)
_ ~ BODILY INJURY I S
I
(Per aCCitlMI)
__.-_
_-
~~'
' PROPERTY DPMAGE
nO
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P S
~ er aC
e
(
p OTHER p & I ~390FA503600201 IO
A FcACING LIAB. i
OTHER THAN
AUTO ONLY: AGG ~~ 5
EACH OCCURRENCE S _
~- i
AGGREGATE IS -
-- ~-
9/02107/19/03!$1,000,000
DESCRIPTION OF OPERAPONS/LOCATIONS/VEHICLESrE%OLUSIONS ADDED BY ENDORSEMENT/SPECIAL PRDWSIUns
Students are covered while on boats owned, rented or chartered
US SAILING Association is a Named Insured on the Policy
P & I includes the Jones Act Coverage for Instructors
US SAILING Association
P.O. Box 1260
Portsmouth, RI 02871
CANCELLAIIVN
SHOULD ANYOF THEABDVE DESCRIBED PoLICIES BE CANCELLED BEFORE THE E%FiRATIV
DAYS WRITTE'
DATE THEREOF, THE ISSVING INSURER WILL ENDEAVOR TO MAIL 1_Q-_
NOTICE TOTHE CEfiTIFICATE HOLDE~R NAMED TOTHE LEFT. BUT FAILURE TO DO SOSHALL
IM POSE NOOBUGATION ORIL111~E{TP Ok ANY KIND UPON THE INSURERdTS AG ENTB O~
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse slde of this lorm does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage aNorded by the policies listed thereon.
AcoRn2ss(7t9~2 of 2 #S53569/M53568