R19-0541 RESOLUTION NO. R19-054
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
6 SIGN A LAND USE AGREEMENT WITH JOURNEY
7 COMMUNITY CHURCH, INC., FOR THE 4TH OF JULY EVENT TO
8 BE HELD JULY 4,2019; AND PROVIDING AN EFFECTIVE DATE.
9
10
11 WHEREAS, the City plans to use the Journey Community Church, Inc., property as
12 a public parking option during the Annual 4t' July Holiday event on July 4, 2019; and
13 WHEREAS, While the City's Town Square is under construction parking is limited
14 and this site will provide an alternative for public parking during the event; and
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
16 recommendation of staff, deems it to be in the best interests of the City residents to approve
17 and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach
18 and Journey Community Church, Inc., for the 4' of July event to be held July 4t', 2019.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON 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 hereof.
24 Section 2. The City Commission hereby approves and authorizes the Mayor to
25 sign a Land Use Agreement between the City of Boynton Beach and Journey Community
26 Church, Inc., for the 4"' of July Annual Event to be held July 4, 2019. A copy of the Agreement
27 is attached hereto as Exhibit "A."
28 Section 3. This Resolution shall become effective immediately upon passage.
ME
SACA\RESOWgreements\ and Use Agreement with Joumey Church for July 4th 2019 - Reso.docx
PASSED AND ADOPTED this C91 day of M , 2019.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant V/
Vice Mayor — Justin Katz ✓
Commissioner — Mack McCray ✓
Commissioner — Christina L. Romelus
Commissioner — Ty Penserga V
VOTE J `
ATTEST:
udith A. Pyle, CMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\Land Use Agreement with Journey Church for July 4th 2019 - Reso.docx
AGREEMENT FOR USE OF PROPERTY
THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this ZI day of
2019, by and between the City of Boynton Beach ("City") and Journey Community
Church In/, 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 July 4, 2019 (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:
I. 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, contractors, guests, invitees, and third parties 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 or other
Event participant'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 negligence or City's activities 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.
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 July 4, 2019.
7. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach
County.
00823688]
ATTEST:
By:
Print Na
Title:C,�T�{/c
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duly ualifi d to take
acknowledgements, personally, appeared ait""vr�u�r� , as FT
of ��rnQ ��wt�Ci� who is personally known to be the person described in, or who
produced 1, 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
NOTARY PUBLIC
My Commission Expires:V/'
00823668 1
Ey.,,4 et Notary public State of Florida
Michelle E Gangone
,dj
My COMMISsion GG 123744
Expires 07/13/2021
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:
�ludith A. Pyle, CMC, City Clerk
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
CITY OF BOYNTON BEACH
By:
Print Name: Lori LaVerriere
I HEREBY CERTIFY that in this day before me, an officer duly qualified to take acknowledgements,
personally, appeared ( C:;- % 1 r - y C�`�C' a!i the City of
Boynton Beach who is personally known to be the person Pd 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
2019.
NOTARY PUBLIC
My Commission Expires:
009236N -2
"rpy Put,
TAMMY LSTANZIONE
'p, C.
Commission # GG 306158
t
Evw March 26, 2023
BOW ThruBud9dNOWY UW -
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 July 4, 2019, from 8:00 a.m. to 12:00 a.m.
00923688-1