R18-170 1 RESOLUTION NO. R18-170
•I A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
SIGN A LAND USE AGREEMENT WITH JOURNEY
COMMUNITY CHURCH, INC., FOR THE 48TH ANNUAL
HOLIDAY PARADE TO BE HELD DECEMBER 1, 2018; AND
• PROVIDING AN EFFECTIVE DATE.
1s
11
1 • WHEREAS, the City plans to use the Journey Community Church, Inc., property as
1 a public parking 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 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 Mayor to sign a Land Use Agreement between the City of Boynton Beach
19 and Journey Community Church, Inc., for the 48th Annual Holiday Parade to be held
20 December 1, 2018.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26 Section 2. The City Commission hereby approves and authorizes the Mayor to
27 sign a Land Use Agreement between the City of Boynton Beach and Journey Community
28 Church, Inc., for the 48th Annual Holiday Parade to be held December 1, 2018. A copy of the
29 Agreement is attached hereto as Exhibit "A."
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet
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30 Section 3. This Resolution shall become effective immediately upon passage.
31 PASSED AND ADOPTED this 20th day of November, 2018.
32 CITY OF BOYNTON BEACH, FLORIDA
33
34 YES NO
35 /
3i2 Mayor— Steven B. Grant t
37' /
38 Vice Mayor—Christina L. Romelus ✓
39
4q Commissioner—Mack McCray 1✓
41
42 Commissioner—Justin Katz ✓
43
44 Commissioner—
45
46 VOTE q 'o
47 ATTEST:
48
49 uecnester Nieves
50
51 f udith A. Pyle, CMC
52 City Clerk
53
54
55 (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 Journey Community
Church Inc., its officers, employees, successors and assigns ("Owner").
WITNESSETH:
WHEREAS, Owner warrants that it owns that certain property located at 715 S. Federal Hwy,
Boynton Beach, FL 33435 (Parcel Number: 08-43-45-28-00-000-5030), (the "Property"); and
WHEREAS, the City desires to use the parking lots located on the Property for parking for an
event taking place on December 1, 2018 (the "Event");
WHEREAS, Owner desires to permit the City to use the parking lots on 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. The recitations set forth above are incorporated herein.
2. Owner agrees to allow the City to enter onto the Property for uses related to the Event
on the dates and times specified on the attached Exhibit A.
3. The City represents and acknowledges that its activities and all participants are properly
covered by appropriate insurance; that the City shall be responsible for any injuries to
its employees, agents, and/or contractors, occurring during activities in the course and
scope of parking on the Property for the Event; and that the City shall be responsible for
any damage to the Property caused by the City's use of the Property for the Event.The
City shall also be responsible for its own negligence.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 on the
Property during the dates listed in Exhibit A. Nothing in this paragraph is considered a
waiver of sovereign immunity by the City.
4. 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.
4 5. No prior or present agreements or representations shall be binding upon any of the
parties hereto unless incorporated in this Agreement. No modifications or change in the
Agreement shall be valid or binding upon the parties unless in writing, executed by the
parties to be bound thereby.
6. This Agreement shall expire on December 2, 2018.
7. This Agreement is governed by the laws of the State of Florida and venue is in Palm
Beach County.
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:
Title:
(SEAL)
APPROVED AS TO FORM:
CITY ATTORNEY
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:
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:
Exhibit"A"
Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to
the Event any time December 1,2018 from 8:00 a.m.to 12:00 a.m.