R01-062RESOLUTION NO. R01- ~ ~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND APPROVING A LICENSE
AGREEMENT FOR MUNICIPAL SURFACE PARKING
LOT BETWEEN THE CITY OF BOYNTON BEACH AND
THE BOYNTON BEACH CONGREGATIONAL UNITED
CHURCH OF CHRIST; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, this Agreement governs the use of the parking lot on the north
side of N.E. 1st Avenue owned by the Congregational United Church of Christ; and
WHEREAS, City staff and the Church have been able to successfully
negotiate a License Agreement for the use of the Church parking lot on the north
side of N.E. 1st Avenue, to be utilized for parking in the downtown area; and
WHEREAS, upon recommendation of staff, the City Commission has
that execution of this Agreement will be in the best interests of the citizens
~nd residents of the City of Boynton Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby authorize and approve a License Agreement between the City of
Boynton Beach and the Congregational United Church of Christ, providing for public
in the downtown area, which Agreement is attached hereto as Exhibit "A".
Section2. This Resolution shall become effective immediately upon
)assage.
PASSED AND ADOPTED this
,_~ day of April, 2001.
~ssioner
nmiSsi~°ner
iregational United Church of Chris
LICENSE AGREEMENT
FOR MUNICIPAL SURFACE PARKING LOT
This LICENSE AGREEMENT is made on the ~ day of ~i~,~_, 2001,
.between BOYNTON BEACH CONGREGATIONAL UNITED CHURCH OF CHRIST ("the
CHURCH") and THE CITY OF BOYNTON BEACH, FLORIDA ("the LICENSEE").
The Parties, in consideration of the mutual covenants hereinafter set forth agree as
follows:
1. GRANT OF LICENSE. The CHURCH permits the LICENSEE to use the areas
shown edged red on the attached plan ["the PARKING LOT"] at the north side of N.E. 1st
Avenue for a LICENSEE controlled surface parking area, subject to the LICENSEE complying
with conditions and regulations relating to the PARKING LOT. The legal or survey description
of the PARKING LOT is attached as Exhibit "A".
2. RIGHTS OF TERMINATION. The LICENSEE'S right to occupy the PARKING
AREA shall be deemed to have commenced and shall continue till either:
a) the LICENSEE gives two (2) months written notice to terminate this License, or
b) the CHURCH, following the fu'st year of this License gives give six (6) months notice
to terminate.
3. LICENSE FEE. The License Fee payment ["the FEE".] for the PARKING LOT
shall be $3,500.00 payable in the form of a donation~ to the CHURCH, made annually by
LICENSEE to the CHURCH, in advance, commencing April 1, 2001 (the "COMMENCEMENT
DATE"). In the event of non-payment the CHURCH may exclude the LICENSEE from the
~ The designation of payments, but not the mount, shall be modified at the written request of the Church to
preserve the Church's not for profit stares.
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PARKING LOT, save for the purpose of removing all the LICENSEE'S property from the
PARKING LOT. which shall be done within 48 hours of notice of exclusion, after which period
the CHURCH may place the LICENSEE'S property on sale at the expense and risk of the
LICENSEE.
4. OBLIGATIONS OF LICENSEE. The LICENSEE, during the term of this hcense
shall:
a). pay the CHURCH the FEE in the said manner.
b). make the improvement to the PARKING LOT listed on Exhibit "B".
c). use and occupy the PARKING LOT only for vehicular parking.
d). maintain ~he PARKING LOT in good condition, clean and tidy, free from fu'e and
health hazards.
e). remove all rubbish at least weekly to the skip provided by the CHURCH and not to
permit any goods, property or displays to be outside the PARKING LOT, or otherwise to
obstruct or cause annoyance to other users of the common areas of the PARKING LOT.
f). not damage any part of the PARKING LOT and to reimburse the CHURCH the cost
of making good any da~mage caused by the LICENSEE or any employee or agent of the
LICENSEE.
g). observe and to cause LICENSEE employees to observe the regulations from time to
time made by the CHURCH.
h). pay for any special insurance risk premium arising from the LICENSEE'S particular
use of the PARKING LOT, and to pay for all additional premiums incurred by all other
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occupants of the premises arising out of any activity in, or use of, the premises by the
LICENSEE other than that proposed and agreed by the CHURCH in this AGREEMENT.
i). coordinate use of the PARKING LOT to accommodate Church services or special
events.
j). permit the CHURCH and any other person authorized by the CHURC~t to enter the
PARKING LOT at all times.
k). leave the PARKING LOT clean and tidy and in a condition equal to that when first
occupied, making good any alterations.
5. OBLIGATIONS OF CHURCH. The CHURCH, during the term of this license
agreement shall:
a). insure the PARKING LOT [but not any property of the LICENSEE] against fire and
such other risks as it may decide, but reserves the right, and that of its insurers, to recover
from the LICENSEE all monies, or other expenses incurred, to which the CHURCH is
entitled under this Agreement.
b). provide such other services and facilities as the CHURCH considers desirable to
maintain the PARKING LOT so long as the additional services or'facilities do not
interfere with the LICENSEE'S licensed use.
c). coordinate with the CITY the CHURCH,S use of the PARKING LOT for services or
special events.
6. NON-ASSIGNABILITY. The rights granted to the LICENSEE are personal to the
LICENSEE and are therefore not assignable, or capab~- :;,f being sub-licensed. It is expressly
agreed between the parties that this License creates no tenancy or lease whatsoever between the
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