R23-173 1 RESOLUTION NO. R23-173
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A
5 LAND USE AGREEMENT WITH BB1 DEVELOPMENT, LLC, FOR THE
6 ANNUAL HOLIDAY PARADE TO BE HELD SATURDAY, DECEMBER 2,
7 2023;AND PROVIDING AN EFFECTIVE DATE.
8
9 WHEREAS, the City plans to use the BB1 Development, LLC, property located at 114
10 North Federal Hwy, Boynton Beach, Florida as a free public parking option during the Annual
11 Holiday Parade event on December 2, 2023; and
12 WHEREAS, parking is limited and this site will provide an alternative for free public
13 parking during the event; and
14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
15 recommendation of staff, deems it to be in the best interests of the City residents to approve
16 and authorize the City Manager to sign a Land Use Agreement between the City of Boynton
17 Beach and BB1 Development, LLC, for the Annual Holiday Parade event to be held December
18 2, 2023.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
20 BOYNTON BEACH, FLORIDA, THAT:
21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
24 Section 2. The City Commission hereby approves and authorizes the City
25 Manager to sign a Land Use Agreement between the City of Boynton Beach and BB1
26 Development, LLC,for the Annual Holiday Parade event to be held December 2, 2023. A copy
S:\CA\RESO\Agreements\Land Use Agreement with BB1 Development LLC for Holiday Parade 2023-Reso.docx
27 of the Agreement is attached hereto and incorporated herein by reference as Exhibit "A."
28 Section 3. This Resolution shall become effective immediately upon passage.
29 PASSED AND ADOPTED this 21st day of November, 2023.
30 CITY OF BOYNTON BEACH, FLORIDA
31
32 YES NO
33
34 Mayor—Ty Penserga ✓
35
36 Vice Mayor—Thomas Turkin ✓
37
38 Commissioner—Angela Cruz ✓
39
40 Commissioner—Woodrow L. Hay ✓
41
42 Commissioner—Aimee Kelley
43
44 VOTE 5 ,D
45
46
47
48 ATTEST:
49 '
50 / ti a7 L[. _ 5
51 (( Tammy Stanzi• e, CMC Ty P serga
52 Deputy City lerk fior
53
54 ;=�pYNTo,' APPROVED AS TO FORM:
55 (Corporate Seal) %pj( .•'FtPOFLgT•;.�4� lakg
G � /h56
57 3 SEAL �;
58 :INCORPORATED; Shawna G. Lamb
1 g2� City Attorney
59 %.•. ••
•••....•••
60 �'� FLORIOP' "
S:\CA\RESO\Agreements\Land Use Agreement with BBI Development LLC for Holiday Parade 2023-Reso.docx
AGREEMENT FOR USE OF PROPERTY
THIS AGREEMENT FOR USE OF PROPERTY("Agreement") is made this_day
of ,2023,by and between the City of Boynton Beach("City")and BB1 Development,
LLC,its officers, employees, successors, and assigns ("Owner").
WITNESSETH:
WHEREAS, Owner warrants that it owns that certain property located at 114 N Federal
Hwy,Boynton Beach,Florida(Parcel Number: 08434527010000410), (the"Property"); and
WHEREAS, the City desires to use the parking lots located on the Property for parking
for an event taking place on Saturday,December 2,2023 (the"Event"); and
WHEREAS,Owner desires to permit the City to use the Property for the Event.
NOW,THEREFORE,for the mutual covenant and matters set forth herein, as of the date
set forth above, the parties hereby agree as follows:
1. Foregoing Whereas clauses are incorporated as if fully set forth herein.
2. Owner agrees to allow the City to enter onto the Property for any and all uses related
to the Event on the dates and times specified in the attached Exhibit A.
3. Owner agrees that the City shall be allowed to use the Property pursuant to this
Agreement free of charge.
4. Owner is responsible for any injuries that occur on the Property as a result of a
defect in the property, Owner's failure to maintain the property, and any and all
other conditions that are the Property Owner's responsibility and that cause an
injury to any guest,invitee, or third party on Property.
5. The City represents and acknowledges that:
a. Its activities and all participants are properly covered by appropriate insurance;
b. The City shall be responsible for any injuries to its employees, agents, and
contractors occurring on the Property for the Event and any other dates/times as set
forth in Exhibit A;
c. The City shall be responsible for any damage to the Property caused by the
City's use of the Property for the Event.
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d. The City shall also be responsible for its own negligence.
e. To the extent permitted by law and subject to the limitations of section 768.28.
Florida Statutes,the City shall defend and indemnify and hold harmless the Owner
from all claims,suits,causes of action,or any claim whatsoever made by any party
arising from the City's own negligence or City's own activities on the Property
specific in Exhibit A.Nothing in this paragraph is considered a waiver of sovereign
immunity by the City.
6. Owner hereby acknowledges and agrees that Owner shall receive no compensation
from the City in return for permitting the City to use the Property as provided for
in this Agreement.
7. No prior or present agreements or representations shall be binding upon any of the
parties hereto unless incorporated into this Agreement.No modification or change
to this Agreement shall be valid or binding upon the Parties unless, in writing,
executed by the Parties to be bound thereby.
8. This Agreement shall expire on Monday, December 4, 2023, at 6:00 pm.
9. This Agreement is governed by the laws of the State of Florida, and venue is in
Palm Beach County.
10. By execution of this Agreement, in accordance with the requirements of sections
287-135 and 215.473, Florida Statutes, Owner certifies that Owner is not
participating in a boycott of Israel. Owner further certifies that Owner is not on the
Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies
with Activities in Sudan List, and not on the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or has Owner been engaged in business
operations in Syria. Subject to limited exceptions provided in state law, the City
will not contract for the provision of goods or services with any scrutinized
company referred to above. Submitting a false certification shall be deemed a
material breach of contract. The City shall provide notice, in writing, to Owner of
the City's determination concerning the false certification. Owner shall have five
(5) days from receipt of notice to refute the false certification allegation. If such
false certification is discovered during the active contract term, Owner shall have
ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the determination of false certification was made in error. If
Owner does not demonstrate that the City's determination of false certification was
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made in error, then the City shall have the right to terminate the contract and seek
civil remedies pursuant to section 287.135, Florida Statutes, as amended from time
to time.
IN WITNESS WHEREOF,the CITY OF BOYNTON BEACH has caused these presents
to be executed in its name by its City Manager and attested and its official seal to be
hereunto affixed and Owner have hereunto set its hand and seal the day and year first above
written.
ATTEST: CITY OF BOYNTON BEACH
By: 4'
Ic?,p,?/4? --.22)-tyl CBY Print Name: Daniel Duggerr,
•�
City Clerk 'Zie-SYA- 1 ,: 1 tits ri)j' anager
�'kOcA�oRtr•�61111
(SEAL) S a4 SE
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Approved as to foIva
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City Attomey
ATTEST: BB1 DEVELOPMENT,LLC
By:
Print Name:
Title:
(SEAL)
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Exhibit"A"
1. Owner agrees to allow the City and attendees of the Event to enter the Property for uses
related to the Event at any time on Saturday, December 2, 2023.
2. In addition to the date listed above, the City may access the Property to perform site
preparation (such as signage) before the Event. This access may occur anytime between
Wednesday, November 29, 2023, and Monday, December 4, 2023, and may occur over
multiple days.
a. The City will provide 24 hours' notice to Owner prior to entering the Property and
will only perform site preparation activities between the hours of 8:00 am and 6:00
pm.
3. The City may install removable event parking signs, rental equipment, and light towers on
the Property for the Event.
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