R24-245 1 RESOLUTION NO. R24-245
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 BB NORTH, LLC FOR ACTIVITIES RELATED TO THE
6 2024 PIRATE FEST EVENT; AND FOR ALL OTHER PURPOSES.
7
8 WHEREAS, BB North, LLC ("Owner") owns certain property as further described in Exhibit
9 A of the Agreement; and
10 WHEREAS, the City desires to use the property for activities related to the 2024 Pirate Fest
11 event taking place on Saturday, October 26, 2024, and Sunday, October 27, 2024; and
12 WHEREAS, the Owner desires to permit the City to use the Property for the event; and
13 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
14 best interests of the city's citizens and residents to approve an Agreement for the Use of Property
15 with BB North, LLC for activities related to the 2024 Pirate Fest Event.
16
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 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
22 approve an Agreement for the Use of Property with BB North, LLC for activities related to the 2024
23 Pirate Fest Event (the "Agreement"), in form and substance similar to that attached as "Exhibit
24 A."
25 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
26 authorizes the Mayor to execute the Agreement and such other related documents as may be
27 necessary to accomplish the purpose of this Resolution.
28 SECTION 4. The fully executed Agreement shall be retained by the City Clerk as a public
29 record of the City. A copy of the fully executed Agreement shall be provided to Gabrielle Favitta
30 to forward to the Owner.
31 SECTION 5. This Resolution shall take effect in accordance with law.
32
33 p►�']
34 PASSED AND ADOPTED this //S day of OCA 2024.
35 CITY OF BOYNTON BEACH, FLORIDA
36 YES NO
37 Mayor—Ty Penserga
38
39 Vice Mayor—Aimee Kelley
40
41 Commissioner—Angela Cruz
42
43 Commissioner—Woodrow L. Hay
44
45 Commissioner—Thomas Turkin /4h + tjm s
46
47 VOTE
48 ATTEST:
49
50 .or ,AlloPP/0 ,94,7 t
51 Maylee De Jesiiii., MPA, M C T •:'J:a
52 City Clerk Mayo
53
54 APPROVED AS TO FORM:
55 (Corporate Seal)
56 idie/ b
57
58 Shawna G. Lamb
59 City Attorney
.. • 4` .
AGREEMENT FOR USE OF PROPERTY
THIS AGREEMENT FOR USE OF PROPERTY("Agreement") is made this /c day of
Zoll by and between the City of Boynton Beach ("City")and BB North LLC, its officers,
employees, successors and assigns("Owner").
WITNESSETH:
WHEREAS, Owner warrants that it owns that certain property located at (see Exhibit A), (the
"Property"); and
WHEREAS, the City desires to use the property for activities related to an event taking place on
October 26, 2024 and October 27, 2024 (the "Event");
WHEREAS, Owner desires to permit the City to use the Property for the Event (see Exhibit B);
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 recitations set forth above are incorporated herein.
2. Owner agrees to allow the City to enter onto the Property for use on the dates and times
specified on the attached Exhibit B.
3. Owner agrees to allow the City to inspect the Property on a date mutually agreeable to
both parties (which date shall be prior to the dates and times specified in the attached
Exhibit B) so that the City may determine suitability of the Property for use for the Event,
and the City agrees to make such inspection.
4. The City represents and acknowledges that its activities and all participants are properly
covered by appropriate insurance; that the City shall be responsible for any injuries to its
employees,agents, contractors,guests, invitees,and third parties occurring during
activities in the course and scope of use of the Property for the Event; and that the City
shall be responsible for any damage to the Property caused by the City's or other Event
participant's use of the Property for the Event.The City shall also be responsible for its own
negligence. 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 negligence or City's activities on the Property during the dates listed in
Exhibit B. 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 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.
7. This Agreement shall expire on October 29, 2024.
8. This Agreement is governed by the laws of the State of Florida and venue is in Palm
Beach County.
9. The City shall, at its own expense, remove any trash or debris from the Property
that is accumulated as a result of the City's use of the property as to return the
property to its pre-event condition.
IN WITNESS WHEREOF,the parties hereto have entered this Agreement on the day and
year written below.
ATTE' : ( t (9--" CITY OF BOYNTON BEACH
By.
I datiO AD of( .
N TON t
••pORdi••• �F911 . d
0•• o • o 4, P/y :me:/1/44f x°4/7
SEAL •;z
TED; i
i U Z iNCORPORA Title:
920 ; : /did yo4
•a
(SEAL) ‘`` •
FLOR0�P=
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
'("N' r;t Of thle City of Boynton Beadh 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 V7-1> day of
cr_jsk&h�_ ",2024.
t •
% /,ice__ . wl.o. 42 , /
" miu,, NOTARY PUBLIC
,,,, p.r, .. L Srq,
My Commission Expires: 01NRYP '141/
MY
..,N)EXPIIxcS 3- 25-2027
At • ,
OF F-
CITY ATTORNEY'S OF
Approv s to an
By:
Shawna G.Lamb,
City Attorney
ATTEST: BB North LLC
By:
Print Name:
M,,4
Title:
(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 01/44.c' , as
A tt] )n"i ( Si2Wr Of 13B 4Jork. LLC 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 —1- day of
, 2024.
0141
NOTARY PU:
My Commission Expires:
Notary Public State of Florida I
Maria Ysssnia Rodriguez I
My Commission HH 512969 I
tui Expires 4/7/2026
Exhibit"A"
The Property consists of the following parcels:
405 E.Ocean Avenue;Parcel No.08434528030050080
E.Ocean Avenue; Parcel No.08434528030050091 413
E.Ocean Avenue;Parcel No.
08434528030050100 NE 1'Ave Parcel No.
08434528030050020
Ne 3rd Street; Parcel No.08434528030050040
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Exhibit"B"
Owner agrees to allow the City and attendees of the Event to enter onto Property for uses related to
the Event any time on October 23, 2024—October 28,2024.
In addition to the dates listed above,the City will access the Property to perform maintenance and
site preparation (including lawn mowing,tree trimming, pest control treatments,and equipment)
before the Event.The access may occur anytime between October 21,2024 and October 26,2024,
and may occur over multiple days.The City will provide 24-hour notice to Owner prior to entering
property,and will only perform maintenance and site preparation activities between the hours of
8:00 a.m.and 6:00 p.m.