R24-244 RESOLUTION NO. R24-244
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 209 EAST OCEAN INVESTORS, LLC, FOR THE USE OF
6 PARKING LOTS FOR THE 2024 PIRATE FEST EVENT; AND FOR ALL
7 OTHER PURPOSES.
8
9 WHEREAS, 209 East Ocean Investors, LLC ("Owner") owns certain property located at 209
to East Ocean Avenue, Boynton Beach, Florida 33435; and
11 WHEREAS, the City desires to use the parking lots located on the Property for the Pirate
12 Fest event taking place on Saturday, October 26, 2024, and Sunday, October 27, 2024; and
13 WHEREAS, the Owner desires to permit the City to use the Property for event parking;
14 and
15 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
16 best interests of the city's citizens and residents to approve an Agreement for the Use of Property
17 with 209 East Ocean Investors, LLC for the use of the parking lots for the 2024 Pirate Fest Event.
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
20 BEACH, FLORIDA, THAT:
21 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption.
23 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
24 approve an Agreement for Use of Property between 209 East Ocean Investors, LLC and the City
25 for the use of the parking lots for the 2024 Pirate Fest Event (the "Agreement"), in form and
26 substance similar to that attached as "Exhibit A."
27 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
28 authorizes the Mayor to execute the Agreement and such other related documents as may be
29 necessary to accomplish the purpose of this Resolution.
30 SECTION 4. The fully executed Agreement shall be retained by the City Clerk as a public
31 record of the City. A copy of the fully executed Agreement shall be provided to Gabrielle Favitta
32 to forward to the Owner.
33 SECTION 5. This Resolution shall take effect in accordance with law.
34
35
36 PASSED AND ADOPTED this 5.111 day of O6?,r 2024.
37 CITY OF BOYNTON BEACH, FLORIDA
38 YES NO
39 Mayor—Ty Penserga 1. ------
40
�40
41 Vice Mayor—Aimee Kelley
42 `/
43 Commissioner—Angela Cruz
44
45 Commissioner—Woodrow L. Hay
46
47 Commissioner—Thomas Turkin rt4- yom045
48
49 VOTE —tom
50 AT ES
51
1 90.0 111
52 .0- IMO 16 igAS-11
53 Maylee u- us, MPA, M C Ty - - , r.a
54 City Cler Mayo
55
56APPROVED AS TO FORM:
57 (Corporate Seal) ..-7,\,\1 et‘11
%,
58 ,�
59 ' (:):C.):os"
.Cy oj .4i,n6
�[44(
1Y
I
60 �,- $V Q0, t 1 Shawna G. Lamb
61 ti .,.N 1�2 ; City Attorney
-•�P
AGREEMENT FOR USE OF PROPERTY
;THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this�sday
�AU
of , 2024, by and between the City of Boynton Beach ("City") and 209 East Ocean
Investors,LLC its officers, employees, successors and assigns ("Owner").
WITNESSETH:
WHEREAS, Owner warrants that it owns that certain property located at 209 East
Ocean Avenue,Boynton Beach,FL 33435 (Parcel Number: 08-43-45-28-03-004-0110), (the
"Property"); and
WHEREAS,the City desires to use the parking lots located on the Property 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. Owner is responsible for any injuries which occur on the Property as a result in 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 Property.
5. The City represents and acknowledges that:
a. Its activities and all participants are properly covered by appropriate
insurance;
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 5
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 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.
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 Monday, October 28, 2024 at 6:00pm.
9. This Agreement is governed by the laws of the State of Florida and venue is in
Palm Beach County.
10. 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
Patient: DAGHER, SALAM DOB: Jan 1, 1967
P i refox about a,,
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.
AT ' CITY OF BOYNTON B CH
By: fI f0 f5-
1.1"
s1.1" r Print Name: ' PENSERGA
City Cl- 10 Title:M• YOR
(SEAL)
App •ed as to fig
City Attorney
%. 209 East Octal vestors LLC
Dy0.0-ON.6,/,`‘,,
•i° Co) k.\,) •.•t Print Same i _11tarrik—
I
v• CORQO�` : Title:Duo Ines—
•.\N V°4- •
•
" •'p
........
FLOR"_
Page 3 of 5
9!23:''0''4.
Document: LAND AGREEMENT Printed: 09-24-2024 01:33:38
Page 1 of 3
Patient: DAGHER, SALAM DOB: Jan 1, 1967
aht
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 fi:Ot)
p.m.
3. The City may install removable equipment and event parking stens on the Property for the
Event.
•
Page 4 of 5
9/2312024.4:4'
Document: LAND AGREEMENT Printed: 09-24-2024 01:33:38
Page 2 of 3
-...4::v te,- +1 -- . lik
la
' . '. . ' 'I
u) a aim e- . f
to
, ? a
.
.y .
•
1
i Y '
4 M
a er ♦' rt`0 _16 .., y, 1 :
+ I
Shilailb E Ocean.Ave
IC
Page 5 of 5