R24-096 1 RESOLUTION NO. R24-096
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AN AGREEMENT FOR THE USE OF PROPERTY
5 WITH FIRST BAPTIST CHURCH OF BOYNTON BEACH, FOR THE USE OF
6 PARKING LOTS FOR THE 2024 TASTE OF BOYNTON BEACH EVENT;
7 PROVIDING AN EFFECTIVE DATE;AND FOR ALL OTHER PURPOSES.
8
9 WHEREAS, the City has received permission from First Baptist Chruch of Boynton Beach,
10 (Owner) to utilize certain property located at 301 N. Seacrest Boulevard, Boynton Beach, Florida
11 33435, to provide free public parking for the 2024 Taste of Boynton Beach event; and
12 WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation
13 of staff, deems it in the best interest of the citizens and residents of the City of Boynton Beach to
14 approve an Agreement for Use of Property with First Baptist Chruch of Boynton Beach, to utilize
15 certain property located at 301 N. Seacrest Boulevard, Boynton Beach, Florida 33435, to provide
16 free public parking for the 2024 Taste of Boynton Beach event.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
18 BEACH, FLORIDA, THAT:
19 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
20 true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
21 SECTION 2. The City Commission of the City of Boynton Beach hereby approves an
22 Agreement for Use of Property with First Baptist Chruch of Boynton Beach, to utilize certain
23 property located at 301 N. Seacrest Boulevard, Boynton Beach, Florida 33435, to provide free
24 public parking for the 2024 Taste of Boynton Beach event (the "Agreement"), in form and
25 substance similar to that attached as "Exhibit A."
26 SECTION 3. The City Commission of the City of Boynton Beach hereby authorizes the
27 Mayor to execute the Agreement. The Mayor is further authorized to execute any ancillary
28 documents required under the Agreement or necessary to accomplish its purposes, including any
29 term extensions as provided in the Agreement, provided such documents do not modify the
30 financial terms/material terms.
31 SECTION 4. The City Clerk shall retain one fully executed Agreement as a public record
32 and forward a copy to Gabrielle Favitta.
33 SECTION 5. This Resolution shall take effect as provided by law.
34
35 PASSED AND ADOPTED this 7th day of May 2024.
36 CITY OF BOYNTON BEACH, FLORIDA
37 YES NO
38 Mayor—Ty Penserga 1/
39
40 Vice-Mayor—Aimee Kelley ✓
41
42 Commissioner—Angela Cruz
43
44 Commissioner—Woodrow L. Hay I✓
45 /
46 Commissioner—Thomas Turkin
47
48 VOTE CJ
49 ATTEST:
50
51
52 (I le
53 Maylee De :sus, MPA, MC Ty ga
54 City Cle k r
55 ,=o.�NTON .6`‘‘
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56 .•'"k tQ;.�QORA're•;F-90i. APPROVED AS TO FORM:
57 (Corporate Seal) %moo:GP AL.•?%
58 i U' ORP�E°: i
59 ii ' 1NC�RP 0 / Gee, it Wilh
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60 \ •'••.••.•••.••Q, Shawna G. Lamb
61 % FLO:kw" City Attorney
62
AGREEMENT FOR USE OF PROPERTY
THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this 14'day
of , 2024, by and between the City of Boynton Beach("City") and First Baptist
Church of Boynton Beach its officers, employees, successors and assigns ("Owner").
WITNESSETH:
WHEREAS, Owner warrants that it owns that certain property located at 301 N Seacrest
Blvd,Boynton Beach FL 33435 (Parcel Number: 08-43-45-21-07-001-1000), (the"Property");
and
WHEREAS,the City desires to use the parking lots located on the Property for parking
for an event taking place on Thursday, May 16, 2024 (the"Event");
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 which occur on the Property as a result in a
defect in the property, Owner's failure to maintain the property, and any and all
other conditions which are the Property Owner's responsibility, and which 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 Friday, May 17, 2024 at 6:00pm.
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 F.S. 287-
135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a
boycott of Israel. Contractor further certifies that Contractor 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 Contractor 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
Contractor of the City's determination concerning the false certification.
Contractor 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, Contractor 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 Contractor does not demonstrate that the City's
determination of false certification was 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.
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IN WITNESS WHEREOF,the CITY OF BOYNTON BEACH has caused these
presents to be executed in its name by its Mayor 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 B • CH
By: ��
Print Nam-PENSERGA
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City Cl rk °2;;;;-•••°"•••Fy _, itle. MAYOR
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Approved as to fo 11tt, ••'•••••......P:
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City
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City Attorney
ATTEST: First Baptist Church of Boynton Beach
By: 4/(aA9----
Print Name: 16c(714- •lL E 1L
Title: P/S d R_
(SEAL)
STATE OF FLORIDA
COUNTY OF f Ci I►n e C
The foregoing instrument wRs acknow'edged before me by means of(physical presence or Li
onl' notarization this 2-c- dayof/ Hi f, 2024, by ie_, 13a.r
as
+- for First Baptist Church of Boynton Beach.
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(NOTARY SEAL) (Name of Notar T A.ed Printed or Stam s e
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Exhibit"A"
1. Owner agrees to allow the City and attendees of the Event to enter onto the Property for
uses related to the Event at any time on Thursday, May 16, 2024.
2. In addition to the date listed above, the City may access the Property to perform site
preparation (such as light tower and signage) before the Event. This access may occur
anytime between Wednesday, May 15, 2024 and Friday, May 17, 2024, 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 8:30 a.m. and 5:30
p.m.
3. The City may install removable tower lights and event parking signs on the Property for
the Event.
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Parcel Number: 08-43-45-21-07-001-1000
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