R24-086 1 RESOLUTION NO. R24-086
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 3301 QUANTUM OWNER, LLC, FOR THE USE OF PARKING LOTS FOR
6 THE 4TH OF JULY EVENT; PROVIDING AN EFFECTIVE DATE; AND FOR ALL
7 OTHER PURPOSES.
8
9 WHEREAS, the City has received permission from 3301 Quantum Owner, LLC, (Owner) to
10 utilize certain property located at 3301 Quantum Boulevard, Boynton Beach, Florida 33426, and
11 3500 Quantum Boulevard, Boynton Beach, Florida 33426, to provide free public parking for the
12 2024 Boynton Beach July 4th event. Attendees will have the option to park remotely in the lots
13 and utilize free bus shuttle services to and from the event provided by the City of Boynton Beach's
14 transportation vendor during the duration of the 2024 Boynton Beach July 4th event; and
15 WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation
16 of staff, deems it in the best interest of the citizens and residents of the City of Boynton Beach to
17 approve an Agreement for Use of Property with 3301 Quantum Owner, LLC, to utilize certain
18 property located at 3301 Quantum Boulevard, Boynton Beach, Florida 33426, and 3500 Quantum
19 Boulevard, Boynton Beach, Florida 33426, to provide free public parking for the 2024 Boynton
20 Beach July 4th event.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
22 BEACH, FLORIDA, THAT:
23 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
24 true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
25 SECTION 2. The City Commission of the City of Boynton Beach hereby approves an
26 Agreement for Use of Property with 3301 Quantum Owner, LLC, to utilize certain property located
27 at 3301 Quantum Boulevard, Boynton Beach, Florida 33426, and 3500 Quantum Boulevard,
28 Boynton Beach, Florida 33426, to provide free public parking for the 2024 Boynton Beach July 4th
29 event (the "Agreement"), in form and substance similar to that attached as "Exhibit A."
30 SECTION 3. The City Commission of the City of Boynton Beach hereby authorizes the
31 Mayor to execute the Agreement. The Mayor is further authorized to execute any ancillary
32 documents required under the Agreement or necessary to accomplish its purposes, including any
33 term extensions as provided in the Agreement, provided such documents do not modify the
34 financial terms/material terms.
35 SECTION 4. The City Clerk shall retain one fully executed Agreement as a public record
36 and forward a copy to Gabrielle Favitta.
37 SECTION 5. This Resolution shall take effect as provided by law.
38
39
40
41
42 [signatures on following page]
43 PASSED AND ADOPTED this 7th day of May 2024.
44 CITY OF BOYNTON BEACH, FLORIDA
45 YES NO
46 Mayor–Ty Penserga
47
48 Vice-Mayor–Aimee Kelley
49 ✓
50 Commissioner–Angela Cruz
51 LZ
52 Commissioner–Woodrow L. Hay
53 /
54 Commissioner–Thomas Turkin
55
56 VOTE
57 ATTEST:
58
59
60ILL il
61
Mayle- P esus, MP• MC Ty Pe -r;
62 City e — '.,` Mayor
�o\(NT On/ ',
63 0, k �.�PORAT�c•,F-9,_o
64 i�O. ,0 ^ .�:.l APPROVED AS TO FORM:
65 (Corporate Seal) ;I--; SEAL.•i #. APPROVED
66 i67 �U: �NOORPORATE ; i
1920 • s
,A,„..., d ,, ,,,
68 t''‘ FLOW " Shawna G. Lamb
%�
69 City Attorney
70
AGREEMENT FOR USE OF PROPERTY
THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this day of
2024, by and between the City of Boynton Beach ("City") and 3301 Quantum
Owner, C, a Delaware limited liability company ("Owner").
WITNESSETH:
WHEREAS, Owner warrants that it owns that certain property located at 3301 Quantum
Blvd, Boynton Beach, FL 33426 (Parcel Number: 08-43-45-17-07-000-0120) and 3500 Quantum
Blvd, Boynton Beach, FL 33426 (Parcel Number: 08-43-45-17-09-000-0930), (collectively 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,July 4, 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. The 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 of 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 the Property.
5. The City represents and acknowledges that:
a. The City is self-insured for the Event in accordance with Florida law;
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.
Page 1 of 6
d. The City shall be responsible for its own negligence.
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, July 5, 2024 at 6:00pm.
9. This Agreement is governed by the laws of the State of Florida and with exclusive
venue in Palm Beach County.
10. Sovereign Immunity. Except to the extent sovereign immunity may be deemed
waived by entering into this Agreement, nothing herein is intended to serve as a
waiver of sovereign immunity by City nor shall anything included herein be
construed as consent by City to be sued by third parties in any matter arising out of
this Agreement.
Page 2 of 6
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 has hereunto set its hand and seal the day and year first above written.
ATTEST. CITY OF BOYNTON BE: CH
By: /ilmmw-
Print Name,,. I NSERGA
City Cle Title: M OR
(SEAL) pRATF'•���
Appzoved as to fo i
4)-OtrsEo•)-edithe ,
sivie
I
City Attorney I, •••.....••<4-
3301 Quantum Owner,LLC_
By: CA m(i INU Y10'i
Print Name: (!1 i - H-.kir"
Title: ritii r c< (Uw per
Page 3 of 6
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,July 4, 2024.
2. In addition to the date listed above, the City may access the Property to perform site
preparation (such as light tower, signage, and portable restroom placement) before the
Event. This access may occur anytime between Wednesday,July 3,2024,and Friday,July
5, 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, portable restrooms, and event parking signs
on the Property for the Event.
Page 4 of 6
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Page 6 of 6