R25-125 1 RESOLUTION NO. R25-125
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AN AGREEMENT FOR USE OF
5 PROPERTY WITH 3301 QUANTUM OWNER LLC FOR THE USE OF
6 PARKING LOTS FOR THE 2025 4TH OF JULY EVENT; AND FOR ALL
7 OTHER PURPOSES.
8
9 WHEREAS,the City has received permission from the 3301 Quantum Owner LLC ("Owner")
10 to use the following properties to provide free public parking for the 2025 Boynton Beach July 4th
11 event: 3301 Quantum Boulevard and 3500 Quantum Boulevard. Attendees will have the option to
12 park remotely in the lots and utilize free bus shuttle services to and from the event provided by
13 the City of Boynton Beach's transportation vendor during the duration of the 2025 Boynton Beach
14 July 4th event; 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 Use of Property
17 with 3301 Quantum Owner, LLC for the use of parking lots for the 2025 4th of July 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 with 3301 Quantum Owner, LLC for the use of parking
25 lots for the 2025 4th of July Event (the "Agreement"), in form and substance similar to that
26 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. The Mayor is further authorized to execute any
29 ancillary documents as may be necessary to accomplish the purpose of this Resolution.
30 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record
31 of the City. A copy of the fully executed Agreement shall be provided to Gabrielle Favitta for
32 forwarding to the Owner.
33 SECTION 5. This Resolution shall take effect in accordance with the law.
34 �h
35 PASSED AND ADOPTED this �V day of Au 2025.
36 CITY OF BOYNTON BEACH, FLORIDA
37 YES
NO
38 Mayor— Rebecca Shelton
39
40 Vice Mayor—Woodrow L. Hay
41 f
42 Commissioner—Angela Cruz
43
44 Commissioner—Thomas Turkin
45 AZ
46 Commissioner—Aimee Kelley
47
48 VOTE 5--0
49 ATT
50 / /
51 1.. U: ._
52 Maylee lie& sus, MPA, C • f•ecca Shelton
53 City Clerk MP Mayor
54
55 _ APPROVED AS TO FORM:
56 (Corporate Seal) ;0N(NTO/�e,1
57 0/0 .o 6.1W.' 1
58 - SEA s AtA Jn4 J. , ,/ ,
59 U INcoRPORME0 $ Shawna G. Lamb
60 i, 192° ' % City Attorney
‘'"% FLOR0\ _
AGREEMENT FOR USE OF PROPERTY
THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made thisoetay
of , 2025, by and between the City of Boynton Beach ("City") and 3301 Quantum
Owner LLC its officers, employees, successors and assigns ("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) ,
(the"Property"); and
WHEREAS,the City desires to use the parking lots located on the Property for parking
for an event taking place on Friday, July 4, 2025 (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 6
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 Saturday, July 6, 2025 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
Page 2 of 6
287.135, Florida Statutes,as amended from time to time.
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 I TON BEACH
By:
, i Print Name: REBECCA SHELTON
City C e Title: MAYOR
��OF gOYNTo,7
(SEAL) ;� ;GORPORge*� ,41�
App ved as to fo , SEAL
/JG 6 o • INC10rED:
1992
I1
City Attorney t ,c
‘. �ORIDP
-
ATTEST: 3301 Quantum Owner LLC
By: At. ' A -
Print Name: C ��� A-t-c.hf
Title: C �n`t- cot 0 W fv-4r
(SEAL)
STATE OF FLORIDA
COUNTY OF fm iseatL—+
The fo :,.'..,, • trument was acknowledged before me b means ofysical presence or[__]
o • . ;.'. «-,� ; ' ,'s j(0t+. day of�i,2025,by egrvAi 4 a1j% rC_, as
for 3301 Quantum Owner LLC.
MY COMMISSION ( CDAtt g —TO:14.4
Y AL) (Name of Notary T , Printed,or Stamped)
01:Air
'Ps, OR Produced Identification
:`_,�s' �•
7 i1-
Type .tion Produced
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 Friday, July 4,2025.
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 restrooms placement) before the
Event. This access may occur anytime between Thursday,July 3,2025 and Saturday,July
5, 2025, and may occur over multiple days. -b u+-no parkin 61-4-4,e 4 a, an--]),fi c:
a. The City will provide 24 hours' notice to Owner prior to entering the Property, and �f
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 5 of 6
Ecopark,3500 Quantum Blvd Boynton Beach
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Page 6 of 6