Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
R24-098
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. R24-098 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND RATIFYING THE EV CHARGING STATION AGREEMENT FOR TOWN SQUARE NORTH PARCEL; AND PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. WHEREAS, On March S, 2024, the City Commission approved an Interlocal Agreement ("ILA") with the CRA for the Circuit Transit Pilot Ride Share Program. The ILA required the City to provide parking and electrical charging stations for the Circuit vehicles. The City has an existing parking easement for the Town Square North Parcel. In order to install the EV charging stations on the Town Square North Parcel it was necessary for the City to enter obtain approval from Time Equities, the property owner. City staff is seeking ratification of the EV Charging Station Agreement with Time Equities, which allowed the City to install signage and electric charging infrastructure on the Town Square North Parcel; and WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to approve and ratify the EV Charging Station Agreement for Town Square North Parcel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby approve and ratify an EV Charing Station Agreement, between Boynton Beach Town Center Apartments I LLC, Boynton Beach Town Center Apartments II LLC, Boynton Beach Town Center Apartments III LLC, Boynton Beach Town Center Apartments IV LLC, Boynton Beach Town Center Apartments V LLC, Boynton Beach Town Center Apartments VI LLC, Boynton Beach Town Center Apartments VII LLC, Boynton Beach Town Center Apartments VIII LLC, and Boynton Beach Town Center Apartments IX LLC, and the City for consent from the owners for placement of signage and electric charging infrastructure on the North Parcel Property (the "Agreement"), in form and substance similar to that attached as "Exhibit A". 33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 34 authorizes the City Manager to execute the EV Charging Station Agreement, and such other 35 related documents as may be necessary to accomplish the purpose of this Resolution. 36 SECTION 4. One fully -executed original of the EV Charging Station Agreement shall be 37 retained by the City Clerk as a public record of the City. 38 SECTION S. This Resolution shall take effect in accordance with law. 39 40 41 42 43 [signatures on following page] 44 45 46 47 48 PASSED AND ADOPTED this 7th day of May 2024. 49 CITY OF BOYNTON BEACH, FLORIDA 50 67 YES NO 51 Mayor — Ty Penserga 52 70 :INCORPORATED: 53 Vice Mayor — Aimee Kelley 72 54 73 55 Commissioner —Angela Cruz 56 ✓ 57 Commissioner — Woodrow L. Hay 58 59 Commissioner — Thomas Turkin 60 61 62 ATT T: 63 yj 64 0." 65 Mayl Jesus, A, MM 66 Cit Cl C City VOTE 1;__0 Ty Pense APPROVED AS TO FORM: A4 & &/, f✓��ti Shawna G. Lamb City Attorney 67 g0Y N TO OF •••RPO••• N RgrF•. 68 69 (Corporate Seal) `�•; GO •cc`s v SEAL 70 :INCORPORATED: 71 �;. 1920 72 F�ORI�P 73 VOTE 1;__0 Ty Pense APPROVED AS TO FORM: A4 & &/, f✓��ti Shawna G. Lamb City Attorney DocuSign Envelope ID: 70B4DA94-AO32-4E7A-B20E-7235918D1 F62 EV CHARGING STATION AGREEMENT This EV Charging Station Agreement ("Agreement") is made as of the 18th day of March, 2024 by and between CITY OF BOYNTON BEACH, a Florida corporation (the "City"), and BOYNTON BEACH TOWN CENTER APARTMENTS I LLC, BOYNTON BEACH TOWN CENTER APARTMENTS II LLC, BOYNTON BEACH TOWN CENTER APARTMENTS III LLC, BOYNTON BEACH TOWN CENTER APARTMENTS IV LLC, BOYNTON BEACH TOWN CENTER APARTMENTS V LLC, BOYNTON BEACH TOWN CENTER APARTMENTS VI LLC, BOYNTON BEACH TOWN CENTER APARTMENTS VII LLC, BOYNTON BEACH TOWN CENTER APARTMENTS VIII LLC, and BOYNTON BEACH TOWN CENTER APARTMENTS IX LLC, each a Florida limited liability company, as tenants in common (collectively, the "Owner"). WHEREAS, the Owner owns that certain real property located in Boynton Beach, Palm Beach County, Florida described on Exhibit A attached hereto and made a part hereof (the "North Parcel Property"); WHEREAS, City and Owner have entered into that certain Temporary Parking Easement Agreement (North Parcel) dated , 2023 (the "Parking Easement"), granting a temporary exclusive easement for use by City over and across a portion of the North Parcel Property (as set forth in Exhibit C to the North Parcel Parking Easement) for the purpose of providing at least 198 parking spaces for use by City (as set forth in the North Parcel Parking Easement); WHEREAS, City has requested consent from Owner to the placement of signage and electric charging infrastructure (the "EV Chargers") on the North Parcel Property. NOW, THEREFORE, in consideration of the receipt of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the mutual promises contained in this Agreement, the parties hereto hereby agree as follows: 1.0 Approval to Install EV Chargers 1.1 Owner hereby approves City's request to install EV Chargers on the North Parcel Property. A copy of the City's Plans depicting the locations of the EV Chargers are attached as Exhibit B. These rights are granted solely in connection with the Parking Easement, and all terms and conditions of the Parking Easement shall be applicable to City's activities on the North Parcel Property pursuant to this Agreement. 2.0 Insurance 2.1 The City shall secure and cause to be secured by Circuit Transit, Inc., its contractors and/or subcontractors (collectively referred to as the "Contractors"), and keep in DocuSign Envelope ID: 70B4DA94-AO32-4E7A-B20E-7235918D1 F62 full force and effect and/or cause to be kept in effect, throughout the performance of the City's use of and work on the North Parcel Property (and thereafter, if applicable) a policy of commercial general liability insurance, excess/umbrella liability insurance, Workers' Compensation Insurance, Automobile Liability Insurance, and Employers' Liability Insurance equal to, or better than, that shown on the Certificate of Liability Insurance in the Exhibit C attached hereto and made part hereof, at the sole cost and expense of the Contractors. Owner shall be included as additional insured on a primary and noncontributory basis on the commercial general liability insurance and excess/umbrella liability insurance. The City shall obtain a waiver of subrogation in favor of Owner on the commercial general liability insurance, excess/umbrella liability insurance, Workers' Compensation Insurance, Automobile Liability Insurance, and Employers' Liability Insurance. Such Insurance shall be primary, notwithstanding any other insurance that might be in effect for the Owner. 2.2 All required insurance policies and bonds shall be maintained with insurance companies licensed within the State of Florida and holding an AM Best rating of no less than A-, X. Said policies shall contain a provision that that coverage will not be canceled, non -renewed or materially changed, until at least thirty (30) days prior written notice has been provided to the City. 2.3 Certificates in the customary form, i.e. Accord 25, except Accord 27 for Property Insurance, evidencing all terms of this Section of the Agreement, shall be delivered to the City simultaneously with the execution of this Agreement and shall be attached hereto as Exhibit C. Similar certificates shall be delivered evidencing the renewal or replacement of such insurance, at least ten (10) days prior to the effective date of such renewal or change of insurer. 2.4 The City shall require from or provide for all Contractors the same insurance requirements as set forth in Exhibit C. The City shall require that all Contractors provide, in accordance with the provisions above, certificates of insurance evidencing that each Contractor(s) is maintaining all of the insurance required herein. 3.0 Removal of EV Chargers 3.1 On or before the termination of the Parking Easement, City shall remove the EV Chargers at their own cost and expense and restore the North Parcel Property to the same condition as existed immediately prior to the installation of the EV Chargers. If City fails to remove the EV Chargers and restore the North Parcel Property in accordance with this Section 3. 1, Owner, at City's sole cost and expense, shall be entitled (but not obligated) to remove the EV Chargers and restore the North Parcel Property in accordance with this Section 2.1. City shall pay Owner, upon demand, the expenses and charges incurred for removal of the EV Chargers and restoration of the North Parcel Property. 2 DocuSign Envelope ID: 70B4DA94-AO32-4E7A-B20E-7235918D1 F62 4.0 Miscellaneous 4.1 No provision of this Agreement may be changed, waived, destroyed or terminated orally by telephone or any other means except by an instrument in writing signed by the party to be charged thereto. 4.2 This Agreement shall be binding and inure to the benefit of any heirs, successors and assigns of the City. 4.3 Each party executing this Agreement hereby represents and warrants to the other party that the individual executing this Agreement on behalf of such party has the full power and authority to sign this Agreement on behalf of such party and to bind such party to the terms and conditions of this Agreement. 4.5 This Agreement may be executed in any number of counterparts, each of which shall be effective only upon delivery and thereafter shall be deemed an original, and all of which shall be taken to be one and the same instrument, for the same effect as if all parties hereto had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages. Signatures hereto may be evidenced by facsimile transmission or electronic mail in portable document format ("PDF"), the same of which shall be treated as originals. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: 70B4DA94-AO32-4E7A-B20E-7235918D1 F62 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above first written. City: CITY OF BOYNTON BEACH By: Name: Daniel Dugger Title: City Manager By: Name: Stacey R. Weinger, Esq. Title: Deputy City Attorney DocuSigned by: 8AF2A08E5F14461... EDocuSigned by: t" IMA CE69223A6EB645B_. Owner: BOYNTON BEACH TOWN CENTER APARTMENTS I LLC, BOYNTON BEACH TOWN CENTER APARTMENTS II LLC, BOYNTON BEACH TOWN CENTER APARTMENTS III LLC, BOYNTON BEACH TOWN CENTER APARTMENTS IV LLC, BOYNTON BEACH TOWN CENTER APARTMENTS V LLC, BOYNTON BEACH TOWN CENTER APARTMENTS VI LLC, BOYNTON BEACH TOWN CENTER APARTMENTS VII LLC, BOYNTON BEACH TOWN CENTER APARTMENTS VIII LLC, and BOYNTON BEACH TOWN CENTER APARTMENTS IX LLC, as tenants in common By: Name: Robert Kantor Title: Co -Manager DocuSigned by: E bit V 6IA16r BDF3E304B118425... 4 DocuSign Envelope ID: 70B4DA94-A032-4E7A-B20E-7235918D1 F62 EXHIBIT A NORTH PARCEL PROPERTY DESCRIPTION Parcel 2, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida. DocuSign Envelope ID: 70B4DA94-AO32-4E7A-B20E-7235918D1 F62 EXHIBIT B EV CHARGER PLANS DocuSign Envelope ID: 70B4DA94-AO32-4E7A-B20E-7235918D1 F62 EXISTING E CHARGERS EXHIBIT B E Boynton Beach Blvd I �o STOP SIGN R1-1 R1-1 I 21 STOP SIGN STOP SIGN 24' �KJ E E (E R1-1 —ESTOP SIGN ee zz 0 zz zz 0 zz zz 0 K 2� K K 20' 24'—+-20' 20'—+-24'—+-20' 20'—+-24'—+-20' 20'—+-24'—+-20' I @ a 4 Circuit I z Designated EV m Parking Spaces 07 K K K K I 25 25 25 25' R1-1 0 0 0 0 -- STOP SIGN I I1 1 R1-1 T 25 — ;; RI-1)�J R1 1 o R1 1 R1-1 o STOP SIGN �I STOP SIGN STOP SIGN STOP SIGN Q- 24 E I N E 1st Ave - \ r r E 25' K 25' K L.._.._.._.._.._.._.._••_.._..� —STOP SIGN i I i — 20'20'—+ -24'—+— 20'—i -24'—+-20'—I I L • 9' 9' 9' • zs � zs . I ° '20" h DocuSign Envelope ID: 70B4DA94-AO32-4E7A-B20E-7235918D1 F62 EXHIBIT C INSURANCE CERTIFICATE O �® ACC^ CERTIFICATE OF LIABILITY INSURANCE DATE /YYYY) lVvi 03/22/20242/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER CONTACT NAME: Marsh Risk & Insurance Services PHONEFAX CA License #0437153 A/CNo Ext): No): E-MAIL 633 W. Fifth Street, Suite 1200 Los Angeles, CA 90071 ADDRESS: $ 1,000,000 CLAIMS -MADE XI OCCUR INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: United States Fire Insurance Company 21113 CN143116387-CT-GAUWC-23-24 INSURED Circuit Transit Inc. INSURER B: North River Insurance Cc 21105 INSURER C : Clear Blue Specialty Insurance Company 37745 777 S Flagler Dr Suite 800W West Palm Beach, FL 33401 INSURER D Oxford Insurance Company NC LLC INSURER E: Insurance Company Of The West 27847 PERSONAL &ADV INJURY INSURER F: COVERAGES CERTIFICATE NUMBER: LOS -002745757-05 REVISION NUMBER: 6 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 5432330727 06/11/2023 06/11/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE XI OCCUR DAMAGE TO PREMISES(Ea occurrDence $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 GEN'L X POLICY PRO LOC JECT PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 1337547267 06/11/2023 06/11/2024 CEa OMaccidentBIdenl) GLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNEDX SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAB X OCCUR 5821214958 06/11/2023 06/11/2024 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE 'Excess of General Liability Only' DED RETENTION $ $ E WORKERS COMPENSATION EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? N I (Mandatory in NH) N/A WFL504672505 03/01/2024 03/01/2025 STATUTE X` STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Cyber Tech E&O AX01-6784-01 09/09/2023 09/09/2024 Limit, SIR: $10,000 3,000,000 D Umbrella over Auto 579 -23 -NC 06/11/2023 06/11/2024 Each Occurrence 4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Boynton Beach Community Redevelopment Agency, 100 E. Ocean Avenue, 4th Floor, Boynton Beach, FL 33435, Time Equities Inc.,BOYNTON BEACH TOWN CENTER APARTMENTS I LLC, BOYNTON BEACH TOWN CENTER APARTMENTS II LLC, BOYNTON BEACH TOWN CENTER APARTMENTS III LLC, BOYNTON BEACH TOWN CENTER APARTMENTS IV LLC, BOYNTON BEACH TOWN CENTER APARTMENTS V LLC, BOYNTON BEACH TOWN CENTER APARTMENTS VI LLC, BOYNTON BEACH TOWN CENTER APARTMENTS VII LLC, BOYNTON BEACH TOWN CENTER APARTMENTS VIII LLC, BOYNTON BEACH TOWN CENTER APARTMENTS IX LLC 55 Fifth Avenue, 15th Floor, New York, NY 10003 and The City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425 are included as additional insured CERTIFICATE HOLDER CANCELLATION Boynton Beach Community Redevelopment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Agency THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 E. Ocean Avenue, 4th Floor, ACCORDANCE WITH THE POLICY PROVISIONS. Boynton Beach, FL 33435 AUTHORIZED REPRESENTATIVE rye_./ p n /�4ct� d �GO� �G /FldGl�1�61GE �PiiUGCCd ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD