R18-156 RESOLUTION NO. R18-156
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO SIGN A LAND USE AGREEMENT WITH OCEAN
ONE, LLC., FOR THE 48TH ANNUAL HOLIDAY PARADE TO BE
HELD DECEMBER 1, 2018; AND PROVIDING AN EFFECTIVE
• DATE.
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1 . WHEREAS,the City plans to use the Ocean One, LLC., property as a public parking
1 option during the 48th Annual Holiday Parade on December 1, 2018; and
1 WHEREAS, While the City's Town Square is under construction parking is limited
1 - and this site will provide an alternative for public and ADA parking during the parade; and
1: WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
1 recommendation of staff, deems it to be in the best interests of the City residents to approve
1: and authorize the City Manager to sign a Land Use Agreement between the City of Boynton
1• Beach and Ocean One LLC.,for the 48th Annual Holiday Parade to be held December 1,2018.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25 Section 2. The City Commission hereby approves and authorizes the City
26 Manager to sign a Land Use Agreement between the City of Boynton Beach and Ocean One
27 LLC., for the 48th Annual Holiday Parade to be held December 1, 2018. A copy of the
28 Agreement is attached hereto as Exhibit"A."
29 Section 3. This Resolution shall become effective immediately upon passage.
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3$ PASSED AND ADOPTED this 7th day of November, 2018.
3 CITY OF BOYNTON BEACH, FLORIDA
3.
3 YES NO
3,
3- Mayor—Steven B. Grant /4'hse t.
3:
3 Vice Mayor— Christina L. Romelus (�
3:
3' Commissioner—Mack McCray cr
4' V
41 Commissioner—Justin Katz
4.. _
4 Commissioner—Vacant
4,
4, VOTE '6
4. ATTEST:
4
5' Judith . Pyle, CMC /
51 City 'erk
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5- (Corporate Seal)
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AGREEMENT FOR USE OF PROPERTY
THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this day of
, 2018, by and between the City of Boynton Beach ("City"), and Ocean One Boynton
LLC its officers, employees, successors and assigns ("Owner").
WITNESSETH:
WHEREAS, Owner warrants that it owns that certain property described in Exhibit B, (the
"Property"); and
WHEREAS, the City desires to use the parking lot at Property for an event taking place on
December 1, 2018 (the "Event");
WHEREAS, Owner desires to permit the City to use the Property for the Event;
NOW, THEREFORE, for the mutual covenants 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. 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,
contractors, guests, invitees, and third parties 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.
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 during the dates specified in Exhibit A. Nothing in this paragraph or in
this Agreement is considered a waiver of sovereign immunity by the City.
5. Owner hereby acknowledges and agrees that Owner shall receive no compensation
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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 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.
7. This Agreement shall expire at midnight on December 1, 2018.
8. This Agreement is governed by the laws of the State of Florida and venue is in Palm
Beach County.
9. 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.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first
written above.
ATTEST: CITY OF BOYNTON BEACH
By:
Print Name:
Title:
(SEAL)
{00252993.2 306-90018211 Page 2 of 5
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
of the City of Boynton Beach 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 day of
, 2018.
NOTARY PUBLIC
My Commission Expires:
ATTEST: OCEAN ONE BOYNTON LLC
By:
Print Name:
Title:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgements, personally, appeared , as
of 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 day of
, 2018.
NOTARY PUBLIC
My Commission Expires:
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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 December 1, 2018.
2. In addition to the date listed above, the City may access the Property to perform maintenance
and site preparation (including lawn mowing and light tower placement) before the Event. This
access may occur anytime between November 26, 2018 and December 1, 2018, 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 maintenance and site preparation activities between the hours of 8:30
a.m. and 5:30 p.m.
3. The City may install small, removable event parking and parking signs on the Property for the
Event.
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Exhibit"B"
The Property consists of the following properties:
Location Parcel No.
114 N. Federal Hwy 08-43-45-27-01-000-0410
1
1
i
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