R21-060 1 RESOLUTION NO. R21-060
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 OCEAN ONE BOYNTON
7 LLC.,FOR THE 4TH OF JULY EVENT TO BE HELD JULY 4,2021;
8 AND PROVIDING AN EFFECTIVE DATE.
9
10
11 WHEREAS,the City plans to use the Ocean One Boynton LLC.,property as a public
12 parking option during the Annual 4th July Holiday event on July 4,2021; and
13 WHEREAS, parking is limited and this site will provide an alternative for public
14 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 Ocean One Boynton LLC., for the 4th of July event to be held July 4th,2021.
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 Ocean One Boynton
26 LLC., for the 4th of July Annual Event to be held July 4, 2021. A•copy of the Agreement is
27 attached hereto as Exhibit"A."
28 Section 3. This Resolution shall become effective immediately upon passage.
29
S:\CA\RESO\Agreements\Land Use Agreement with Ocean One for July 4th 2021-Reso.docx
30 PASSED AND ADOPTED this 15th day of June, 2021.
31 CITY OF BOYNTON BEACH, FLORIDA
32
33 YES NO
34
35 Mayor—Steven B. Grant r✓
36
37 Vice Mayor—Woodrow L. Hay l/
38
39 Commissioner—Justin Katz V
40
41 Commissioner—Christina L. Romelus ✓
42
43 Commissioner—Ty Penserga +/
44
45 VOTE D
46 ATTEST:
47
48 (i
49 4424,1_,
50 C stal Gibson,MMC
51 ity Clerk
52
53
54 (Corporate Seal)
S:\CA\RESO\Agreements\Land Use Agreement with Ocean One for July 4th 2021-Reso.docx
(2'.OI - O( O
AGREEMENT FOR USE OF PROPERTY
THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this 25th day of June, 2022, 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 properties described in Exhibit B,(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 4,2021(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,contractors,guests,invitees,and third parties occurring during activities in the course and
scope of parking on the Property for the Event; and any other activities related to the Event that
take place during dates/times expressed in Exhibit A;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 6, 2021.
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 Chair 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.
01016483-1
ATTEST: CITY OF B YNTON BEAC
By: n
Print Name: Lori LaVerriere
Title: City Manager
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that in this day before me,an officerdly qualifiedlto take acknowledgements,personally,
appeared L1_1.� LAND; 2 , as Q Y1f g�tOf the City of Boynton Beach who is
personally known to be the person described in, or ho produced as
identification,and who executed the foregoing and acknowledged before me that he executed the same.
To
WITNESS my hand and seal in the Count and State aforesaid on this�5 day of J`),v , 202_.
NOTARY PUBLIC ♦�Y pUe SHAYLAS.ELLIS
- Commission it HH 001281
My Commission Expires: ��/ )(4/Q 004 '
co, II Expires September 19,2024
11*FOF F`o? Bonded TMu Budget Notary Services
App.OVED AS�O FORM
Mor f YC
01016483-1
ATTEST Ocean One Boynto ,LLC
By: q
Print Name: M( IZos
Title: 71v itnfo it�t LSD
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duAy qualified to take acknowledgements,
personally,appeared NUc1.oeI Ross as /itioNifrizettof pct....` Ortc
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 21 day of
(MG _- 2021.
C I V o
NOTARY PUBLIC 111111
My Commission Expires: �� (3'Z( ti?�'ti .; PATRICIA E.NOBLE
• c!, • _ MY COMMISSION#GG 134243
It•9
Exhibit"A" 'ter a f'Bonded Thai
13,2021
Ttxu Notary Pubic Underwriters
Owner agrees to allow the CITY and attendees of the Event to enter onto the Property for uses related to
the Event.
In addition to the dates and times listed above,the CITY will access the Property to perform maintenance
and site preparation (including lawn mowing and light tower placement) before the Event and site clean
up after the Event. This access may occur anytime between 8:00 am to 12:00 am, and may occur over
multiple days. The CITY will provide 24 hours' notice to Owner prior to entering the Property, and will
only perform maintenance, site preparation and site clean up activities between the hours of 8:30 A.M.
and 5:30 P.M.
01016483-1
Exhibit "B"
The Property consists of the following properties:
Location Parcel No.
114 N. Federal Hwy 08-43-45-27-01-000-0410
222 N. Federal Hwy 08-43-45-27-02-000-0010
01016483-1
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