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R24-246 1 RESOLUTION NO. R24-246 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AN AGREEMENT FOR THE USE OF 5 PROPERTY WITH BB1 DEVELOPMENT, LLC, FOR THE USE OF PARKING 6 LOTS FOR THE 2024 PIRATE FEST EVENT; AND FOR ALL OTHER 7 PURPOSES. 8 9 WHEREAS, BB1 Development, LLC ("Owner") owns certain property located at 114 N 10 Federal Highway, Boynton Beach, Florida 33435, and 222 N Federal Highway, Boynton Beach, l l Florida 33435; and 12 WHEREAS, the City desires to use the parking lots located on the Property for the Pirate 13 Fest event taking place on Saturday, October 26, 2024, and Sunday, October 27, 2024; and 14 WHEREAS, the Owner desires to permit the City to use the Property for event parking; 15 and 16 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 17 best interests of the city's citizens and residents to approve an Agreement for the Use of Property 18 with BB1 Development, LLC, for the use of the parking lots for the 2024 Pirate Fest Event. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 21 BEACH, FLORIDA, THAT: 22 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption. 24 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 25 approve an Agreement for Use of Property between BB1 Development, LLC, and the City for the 26 use of the parking lots for the 2024 Pirate Fest Event (the "Agreement"), in form and substance 27 similar to that attached as "Exhibit A." 28 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 29 authorizes the Mayor to execute the Agreement and such other related documents as may be 30 necessary to accomplish the purpose of this Resolution. 31 SECTION 4. The fully executed Agreement shall be retained by the City Clerk as a public 32 record of the City. A copy of the fully executed Agreement shall be provided to Gabrielle Favitta 33 to forward to the Owner. 34 SECTION 5. This Resolution shall take effect in accordance with law. 35 36 37 PASSED AND ADOPTED this `c day of 06-Dbex- 2024. 38 CITY OF BOYNTON BEACH, FLORIDA 39 YES- NO 40 Mayor—Ty Penserga '/ 41 42 Vice Mayor—Aimee Kelley 43 44 Commissioner—Angela Cruz 45 46 Commissioner—Woodrow L. Hay 47 48 Commissioner—Thomas TurkinfrvvvIckfAi S 49 50 VOTE LID 51 ATTEST. 52 53 P t• . /r t to.111 54 Maylee De yes MPA, C T ' 4".4a- 55 55 City Clerk Ma .r 56 57 APPROVED AS TO FORM: 58 (Corporate Seal) 59 60 61 gnYNTpN`�`� Shawna G. Lamb • .. 62 ��GovoRgr4,... CityAttorney U: SEAL INCORPORATED, 1920 %%�`` FL0R\O , AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this ay of 024,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, FL 33435 (Parcel Number: 08-43-45-27-01-000-0410), 222 N Federal Hwy, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-27-02-000-0010), (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, October 26, 2024 and Sunday, October 27, 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. The City represents and acknowledges that: a. Its activities and all participants are properly covered by appropriate insurance; b. To the extent required by law, 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. 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 Page 1 of 5 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. 5. 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. 6. 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. 7. This Agreement shall expire on Monday, October 28, 2024 at 6:00pm. 8. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 9. 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. Page 2 of 5 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 :EACH By: f. -- /.TAY ja ' ,or ..___ tist 4 Print Na e PENSERGA City Cle Title: MAYOR (SEAL) Approved as to 7. lit . x/176 j City Attorney �; �OYNTO�‘,Il BB1 Development LLC i�O••GORPORgpF..��11 I SEAL =. By: i7714210_4. • :INCORPORATED: i • i , Print Name: Jordan Thaler 1920 ••' I, % Title:Authorized Signatory �.%FCORION �........ 9/23/24 Page 3 of 5 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 from Saturday, October 26, 2024 until Sunday, October 27, 2024. 2. In addition to the date listed above, the City may access the Property to perform site preparation (such as equipment and signage) before the Event. This access may occur anytime between Wednesday, October 23, 2024 and Monday, October 28, 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 8:00 a.m. and 6:00 p.m. 3. The City may install removable equipment and event parking signs on the.Property for the Event. Page 4 of 5 liiMillis i N FQderal'Hwy ,...= ...PION . amo•k N Ft.cler. I Hwy AP r -- il. it, , / — r'1 t: 'rt � n �,{� -- '1 _ , ..". .d; `5..: ."M r '-`y mow', 2 t . .� Y r �'s A 4 . 1:...E -0 ter 1,- t t 1 7 Y. PO- i iii 3- ---- ( 14.)-- ", ' -.. . ., . • , I y, ` n ; ',1 : *,4,4, ,E 4.•#2. s- e ilikti:j ' ' . , . ! \, - a 3 — ... • j ') � • NF 41h C t '/.