R24-094 1 RESOLUTION NO. R24-094
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A FORM AGREEMENT WITH THE BOYNTON
5 BEACH COMMUNITY REDEVELOPMENT AGENCY(CRA) FOR THE USE OF CRA-
6 OWNED PROPERTY AS NEEDED FOR CITY EVENT PARKING; PROVIDING AN
7 EFFECTIVE DATE;AND FOR ALL OTHER PURPOSES.
8
9 WHEREAS, parking is limited in the Town Square area, and the City desires to provide
10 additional parking options for those who would like to attend City of Boynton Beach events; and
11 WHEREAS, the City has received permission from the Boynton Beach Community
12 Redevelopment Agency (CRA)to utilize certain owned property for free public event parking; and
13 WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation
14 of staff, deems it in the best interest of the citizens and residents of the City of Boynton Beach to
15 approve an Agreement with the Boynton Beach Community Redevelopment Agency to utilize
16 certain CRA-owned property to provide free public parking for City of Boynton Beach events.
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
20 being true and correct and are hereby made a specific part of this Resolution upon adoption
21 hereof.
22 SECTION 2. The City Commission of the City of Boynton Beach hereby approves the
23 Agreement for Use of Property with Boynton Beach Community Redevelopment Agency to utilize
24 certain CRA-owned property to provide free public parking for City of Boynton Beach events (the
25 "Agreement"), in form and substance similar to that attached as "Exhibit A."
26 SECTION 3. The City Commission of the City of Boynton Beach hereby authorizes the
27 City Manager to execute the Agreement on an as-needed basis. The City Manager is further
28 authorized to execute any ancillary documents required under the Agreements or necessary to
29 accomplish its purposes, including any term extensions as provided in the Agreements, provided
30 such documents do not modify the financial terms/material terms.
31 SECTION 4. This Resolution shall take effect as provided by law.
32 PASSED AND ADOPTED this 7th day of May 2024.
33 CITY OF BOYNTON BEACH, FLORIDA
34 YES NO
35 Mayor—Ty Penserga
36
37 Vice-Mayor—Aimee Kelley
38
39 Commissioner—Angela Cruz
40
41 Commissioner—Woodrow L. Hay
42 /
43 Commissioner—Thomas Turkin ✓
44
45 VOTE S
46 ATTEST:
47 , I
48
49 LA 1' Ada.°
50 Maylee D: _ us, MPA MC Ty '- se .r
51 City Clerk Mayo
52 =yNTON19
O T It APPROVED AS TO FORM:
53 � Q�. •QOarf'•...Cy
54 (Corporate Seal) ;o;°°� •:
56 °"") NC,C°°9 ai,d4 041
57 \'••..,�....•V^ Shawna G. Lamb
58 �, F - City Attorney
59
AGREEMENT FOR USE OF PROPERTY
THIS AGREEMENT FOR USE OF PROPERTY("Agreement") hereby entered into by and between
the City of Boynton Beach ("City")and Boynton Beach Community Redevelopment Agency("Owner").
WITNESSETH:
WHEREAS, Owner warrants that it owns that certain property described in Exhibit A, (the
"Property"); and
WHEREAS,the City desires to use the Property for purposes of parking for the (the
"Event");
WHEREAS,the Event will take place on , 202 , as further described in
Exhibit B; and
WHEREAS,Owner desires to permit the City to use the Property for the Event;
WHEREAS,the Owner has previously authorized the Executive Director to enter into this
Agreement pursuant to Resolution ; and
NOW,THEREFORE,for the good and valuable consideration $10.00 and of the mutual covenants
and matters set forth herein,the sufficiency of which both parties hereby acknowledge,the parties hereby
agree as follows:
1. The recitations set forth above are incorporated herein.
2. Owner agrees to allow the City to enter onto the Property for uses related to the Event
on the dates and times specified on the attached Exhibit B.
3. The City shall conduct an inspection of the Property to ensure its suitability for the Event.
The City accepts the Property for the Event in "as-is" condition. The Owner makes no
representations or warranties concerning the condition of the Property or its suitability
for the Event.
4. At least 10 days prior to the Event,the City shall provide 1)public notice,and 2)individual
notice to the adjacent property owners and tenants of adjacent properties, of the City's
intent to use the Property for the Event.
5. The City shall be required to provide alternative parking in exchange for use of the
Property during the Event, if parking is provided on the CRA-owned properties.
6. The City represents and acknowledges that all its activities and all its employees, agents,
guests, invitees, and Event participants are properly covered by appropriate insurance.
The City shall obtain all insurance required by the Owner and provide proof thereof at
least 10 days prior to the Event, and include, along with an executed copy of this
Agreement, a Certificate of Insurance ("COI") for comprehensive general liability
insurance with a liability limit of at least$1,000,000 per occurrence combined single limit
bodily injury and property damage liability. Additional insurance requirements may be
found in Exhibit "C," which is hereby incorporated herein. The insurance must remain in
force for so long as is necessary to cover any occurrence relating to, resulting from, or
arising out of the Event or this Agreement. The CRA is to be included as "Additional
Insured" with respect to liability arising out of the acts or omissions of the City in
connection with the Event. The Certificate must include the following as an additional
insured:
Boynton Beach Community Redevelopment Agency
100 E. Ocean Avenue
4th Floor
Boynton Beach, Florida 33435
7. The City shall be responsible for any injuries to its employees, agents, guests, invitees,
officers, and third parties occurring during activities in the course and scope of the Event
and related to the use of the Property for the Event.The City shall further be responsible
for any damage to the Property caused by the City's or other Event participants' use of
the Property for the Event or during the dates described in Exhibit B. The City shall also
be responsible for its own negligence. To the extent permitted by law, the City shall
defend, indemnify, save,and hold harmless the Owner(including its agents, officers, and
employees) from any liability, claim, demand, suit, loss, cost, expense or damage which
may be asserted, claimed, or recovered against or from the CRA, its agents, or its
employees, by reason of any property or other damages or personal injury, including
death, sustained by any person whomsoever, which damage is incidental to, occurs as a
result of,arises out of,or is otherwise related to the negligent or wrongful conduct or the
faulty equipment (including equipment installation and removal) of the City, the Event,
or City's employees,agents,guests, invitees,officers,and third parties on the Property as
a result of or during the Event. This paragraph shall not be construed to require City to
indemnify Owner for Owner's own negligence,or intentional acts of the Owner, its agents
or employees. Each party assumes the risk of personal injury and property damage
attributable to the acts or omissions of that party and its officers,employees and agents.
Nothing in this Agreement shall be considered a waiver of the Owner's sovereign
immunity rights, including those rights retained by the Owner pursuant to section 768.28.
Florida Statutes.
8. Owner hereby acknowledges and agrees that Owner has received $10 in compensation
from the City and will receive other consideration in return for permitting the City to use
the Property as provided for in this Agreement in the form of benefits derived from having
Event participants within the Community Redevelopment Area.
9. The City shall leave the Property in a condition equal to or better than that prior to the
City's use of the Property.
10. No prior or present agreements or representations shall be binding upon any of the
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parties hereto unless incorporated in this Agreement. No modifications or change in the
Agreement shall be valid or binding upon the parties unless in writing, executed by the
parties to be bound thereby.
11. The failure of a party to comply with the provisions set forth in this Agreement shall
constitute a default and breach of this Agreement. If the defaulting or breaching party
fails to cure the default within seven (7) days of notice from the other party, or prior to
the start of the Event, whichever comes first, the party not in breach or default may
terminate this Agreement.
12. Owner shall not be responsible for any property or other damages or personal injury
sustained by the City (including the City's agents, employees, invitees, guests, officers,
and similar persons) from any cause whatsoever related to the Event, whether such
damage or injury occurs before,during,or after the Event.The City hereby forever waives,
discharges, and releases the Owner (including the Owner's agents, employees, and
officers) to the fullest extent the law allows, from any liability for any damage or injury
sustained by the City.
13. This Agreement shall expire on .
14. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach
County.
15. To facilitate execution, this Agreement may be executed in as many counterparts as may
be convenient or required, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument. The executed signature page(s)
from each original may be joined together and attached to one such original and it shall
constitute one and the same instrument. In addition, said counterparts may be
transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic
mail),which transmitted document shall be deemed an original document for all purposes
hereunder. The parties agree that the electronic signature of a party to this Agreement
shall be as valid as an original signature of such party and shall be effective to bind such
party to this Agreement.The parties declare that the terms of this Agreement have been
read and are fully understood. The parties understand that this is a binding legal
document,and each party is advised to seek independent legal advice in connection with
the matters referenced herein. If any part of this Agreement shall be declared unlawful
or invalid, the remainder of the Agreement will continue to be binding upon the parties.
To that end, this Agreement is declared severable. All Exhibits to this Agreement are
considered incorporated herein as if fully set forth.
16. The City shall not subcontract, assign, or otherwise transfer this Agreement to any
individual, group, agency, government, non-profit or profit corporation, or other entity
without prior,written permission from the Owner.
17. This agreement shall become effective as of the date of the last signature below. The
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provisions of this Agreement concerning waiver, insurance, and indemnification shall
survive termination of this agreement, along with those provisions that by their nature
survive termination.
IN WITNESS WHEREOF,the parties hereto have entered this Agreement on the day and year written
below.
[SIGNATURES ON FOLLOWING PAGE]
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ATTEST: BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Print Name:
Title:
Date:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that in this day before me, an officer duly qualified to take acknowledgements,
personally, appeared , as Of the Boynton
Beach CRA who is personally known to be the person described in, or who produced
as identification, and who executed the foregoing and
acknowledged before me that he executed the same.
WITNESS my hand and seal in the Count and State aforesaid on this day of
, 202_.
NOTARY PUBLIC
My Commission Expires:
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ATTEST: CITY OF BOYNTON BEACH
By:
Print Namete,j V uqqib--
Title: CL-11 Y-YV;1.11/2f�
Date: 'rn c)--0D`4
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements,
personally, appeared , as of
who is personally known to be the person described in, or who
produced as identification, and who executed the foregoing and
acknowledged before me that he executed the same.
WITNESS my hand and seal in the Count and State aforesaid on this day of
, 202_.
NOTARY PUBLIC
My Commission Expires:
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Exhibit"A"
The Property consists of the following properties:
Location Parcel No.
Page 7 of 10
Exhibit"B"
Event Name:
Event Date:
Event Time:
Event Location:
Page 8 of 10
Exhibit"C"
CERTIFICATE OF COVERAGE ISSUED ON: 1018/2013
CO EIAGEPsowo DBY:PREFERRED GOVERNMENTAL INSURANCE TRUST
PACKAGE AGI IMENT R 1fMER: PX FL1 0502003 23-0: :OV!!t 4C a Pra.100 1001.'20:3 1D 101:11'2024 12:01 AM
COVERAGES:Tilts 15 to ce lry teat Cie agreereit below naw been asued to Ire designated.ember lbr the coverage perm,Indicated.Notwimatanotng any
tequnemert.tern or=tumor or any contract or other do:t7rent eat respect to welch m s terttrcate may be Issued or may pertain,me coverage anoraeo by the
agreement decanted!erects subject to a,the tern s.tics/eons ant cornItOns of such ag eer eat.
)Sall re:Cann:are Ethidene Desig.seen Member
Borbton Beach C gait}Rederelopment Agency Cin•of Boynton Beach
100 E.Ocean Are(4th Floors 100E.Boynton Beach Blvd.
Boynton Beau' .FL 33.435 Bm•oton Beach.FL 33425
LL4BILIT?COVER,'1GE WORKERS COMPENSATION COVERAGE
X Cemprebww.iae General Liabdirr.Bodily Islurs%Property Damage WC AGREEMENT NtlifBER
ed Penedal briery:
Limb 35.000.000 3200.000 SIR DodurtiEle X Self 4rved Worker.'Cempesvdes
X Employee Benefits Liability 3500.000
:wait 35.000.000 1200.000 SIR Deductible
X Lmpl.ie.tat Pruner:Lieber! Smeltery Weaker.'C eapes:stied
Limit 15.000.000 3200.000 SIR Deducnbl.
X Public Officials L abth o X Employer:I.i.bibry
ADi
Limit 15.000.000 3200.000 SIR Deduct!. 51.000.090 Eacsean m
S 1:;ICL.CtPJ By Disoa:a
X Lew Eaferrevst L.abI ty S 1.000.000 Affiean 0 inn.
Limit 15.000.000 1200.000 SBL Dsducthts
PROPERTY'COVERAGE AUTOMOBILE COVERAGE
X B.da.g:A Peredal Pr peroy X Aateaebse 1.iaWin•
Limit:Pa scL►dde ea 61e with Trust 525.000 Deductible Limn 12.000.000 5100.000 SL?Deducdlie
Nora:Cra:o nen,7{!rlrllMnr 1._w rml onia admirer dr.derse7er. X Ali Owaed
Resod Berrend sad Lensed Eppmedt Specefacally Described Autos
Lined S 0 0EV See ScbedJJ.for Dodo:tbb X Band Altos
X Teta!AS mbar Load Marne X 1Voa 0ased Amos
Lime S 3.454.852 7A' See Sebeduie for Dod COB a
X As emebdr Pry:ical Dsa..ge
CANE COVERAGE X Comprsbessn.See Schwind for Deductible
}: Employee Disbrow-ay X Celluioa See Scleednk for Deduc 2'w
Lir 150.000 31.000 Deircub's X N.ind Auto with limit of 1100.000
X Y r!ery er Aberatied
limn 350.000 31.000 Dedorsb's Garage Keeper.
X net Dcepprendere A Dennerties Liability Limit
Limit 150.000 11.000 Dia.:abr.. liability Dedacsble
X CempsserTrud CompreLessnvDeducahie
Limit 350.000 31.000 Deducible Colin iosDeductibie
NOTEAdd!onal Covered Party states s excluded ice non-gouerr+nental ertmes.TIe most We will pay 4 turns United by Pie MnItattons set foM In 0eceon
768.2&,51,Fb4na Tames i20101 ct me e.urvaielt M'I20Ons or SuCCeSSOf aw whith are ab0licab4 at me Vie of'0ss.
Desoiptgn of Operators.'Locatons.Vert aes.Specai iterts-1 Tier..reran rorwirkted led.member's Tent,john bears mw to r< belay ah&
d briny Ifs rv,nonan'!:
P£:Interlocal:and Use?agreement for use of land to part for Paces Fest CettiScaee Holder is aso Addinoml red as allowable®des Sonde Statutes
s certiflc3te s issuer as a nait?r of irrocnasor cry and confers no rIgnts upon ass ceralcate boner.This cer5nrate does rot amend,elterd or alter me
t-tve.age aloroed by the agreement above.
,intinetrator CANCELIAIION0
P ubtic Rise untlsrwrnersr SHOULD ANY CP THE ABOVE D!00=AGLMMEIT SE CANCFLLJ'_D EEPORE TIM
P.O.Box 355455 E7an:RATTDN DATE THEREOF.b1C'TICE WU..BE Man.=NACCOPLIANCP WITH THE
Late Mary.FL 327554455 COCEL4GEAGIRPE`ti2YrFROLTSIOtNS.
P'oplcer ,f
The Ge g Croup 7�!8 e +56 Y
3500 Kyoto Garden pi.
Palm Beach Gardens.FL 33410 ,srrnsauuzehseertEstvrwTnF
PGIT-CEET(119)PRINT FORM 1018.2023
Pent Date:10118/2023
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Preferred
1wt
10 1S 2023
Bouton Beach Community Redevelopment Agency
106 E.Ocean Ave(4th Floors
Boynton Beach . FL . 3343c
Re: Coverage Agreement- PX FL10602003 23-01
City of Boynton Beach
Effective Date: 10 01 :023 TO 10 91 2024
To Whom It May Concern:
Preferred Governmental Insurance Trust is unable to name non-governmental entities
as an additional covered party due to Florida Statute 768.28.
Non-governmental entities do nor enjoy sovereign immunity protection under Florida
law. Coverage through the Preferred Governmental Insurance Trust is predicated upon
the concept of sovereign immunity among all its members.Accordingly,entities which
are not eligible for sovereign immunity protection under F.S. 7.68.28 may not be an
additional covered party under the Preferred coverage agreement.
We appreciate your understanding.
Margaret E. Gross, CPCU
Director of Underwriting
.*IfAddinonal Covered Parr status was not requested on the attached certificate, the provisions in
this letter do nor apply.**
Administered by PUBLIC RISK UNDERWRITERS
P.O.Box 958455 .Lake Maly. FL 32795-8455 .Phone: 321-832-1450•Fax: 321-832-1489
Pint?a:e 1C.'9:-]2'
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