R25-164 1 RESOLUTION NO. R25-164
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AND AUTHORIZING A STANDARD
5 TEMPLATE AGREEMENT FOR THE USE OF PROPERTY BETWEEN THE
6 CITY OF BOYNTON BEACH AND VARIOUS PROPERTY OWNERS FOR
7 USE OF PRIVATELY OWNED PROPERTY FOR CITY EVENTS ON AN AS-
8 NEEDED BASIS; AND FOR ALL OTHER PURPOSES.
9
10 WHEREAS, the City of Boynton Beach ("City") frequently partners with private property
11 owners to utilize space for temporary events, operations, or public benefit purposes; and
12 WHEREAS, the City seeks to streamline the process of partnership with private property
13 owners to ensure consistency by using a standard template agreement titled "Agreement for Use
14 of Property;" and
15 WHEREAS, the proposed template agreement outlines terms including duration, liability,
16 responsibilities, and permitted uses; and
17 WHEREAS, approval of the proposed template agreement will allow the City to make
18 expedited arrangements in partnering with property owners to use privately owned properties for
19 City Events on an as-needed basis; and
20 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
21 best interests of the city's citizens and residents to authorize and approve the proposed template
22 agreement to facilitate timely implementation.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
24 BEACH, FLORIDA, THAT:
25 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption.
27 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
28 approve the template Property Use Agreement, in form and substance similar to that attached as
29 Exhibit A.
30 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
31 authorizes the Mayor to execute the template Agreements, and such other related documents as
32 may be necessary to accomplish the purpose of this Resolution.
33 SECTION 4. This Resolution shall take effect in accordance with the law.
34 JILl-UI35 PASSED AND ADOPTED this itil day of 2025.
J
36 CITY OF BOYNTON BEACH, FLORIDA
37 YES NO
38 Mayor— Rebecca Shelton
39
40 Commissioner—Angela Cruz
41
42 Commissioner—Woodrow L. Hay
43 '/---
44 Commissioner—Thomas Turkin
45
46 Commissioner—Aimee Kelley
47
48 VOTE 5 O
49 AT ST:
50i(
-/Li751 I/ (0----
52 Maylee [t: -sus, MPA,)/MC Rebecca Shelton
53 City Cler Mayor
54 OF BD .. 04/% APPROVED AS TO FORM:
55 . oaPoR
56 (Corporate Seal) ; �. S 7e,.�
p • EAL ;0 ,,
57 i : INCORPO i �C�'I'J
58 �i RATED: i _i/ i,
59 ��I ••••. 92 •'• Shawna G. Lamb
L,•......•••
60 1��. ZORIDN ----- City Attorney
61
AGREEMENT FOR USE OF PROPERTY
THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this.✓,._hay
of , 202 , by and between the City of Boynton Beach ("City") and
its officers, employees, successors and assigns ("Owner").
WITNESSETH:
WHEREAS, Owner warrants that it owns that certain property located at
(Parcel Number: ), (the
"Property"); and
WHEREAS,the City desires to use the parking lots located on the Property for
for an event taking place on (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.
d. The City shall also be responsible for its own negligence.
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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 at .
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.
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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 BEACH
By:
Print Name: REBECCA SHELTON
City Clerk Title: MAYOR
(SEAL)
Approved as to form:
City Attorney
OWNER
ATTEST:
By:
Print Name:
Title:
(SEAL)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of L] physical presence or L]
online notarization this day of , 202_, by as
for
( )
(NOTARY SEAL) (Name of Notary Tvned, Printed, or Stamned)
Personally Known OR Produced Identification
Type of Identification Produced
Page 3 of 4
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 .
2. In addition to the date listed above, the City may access the Property to perform site
preparation before the Event. This access may occur anytime between and
, 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 8:30 a.m. and 5:30
p.m.
3. The City may install temporary equipment at the Property for the Event.
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