R23-157 6.T
Consent Agenda
10/17/2023
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Agenda Item Request Form
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Meeting Date: 10/17/2023
Proposed Resolution No. R23-157- Land Use Agreement— Heywood LLC (New Dog
Park Grand Opening —Jaycee Park).
Requested Action: Approve and authorize the Mayor to sign a land use agreement between
the City of Boynton Beach and Heywood LLC for the new Dog Park Grand Opening event on
Saturday, November 4th, 2023. Subject to final approval by City Attorney.
Explanation of Request: The City has received verbal permission from the property owner to
utilize the following property to provide free public parking for November 4th, 2023 grand
opening event for the new dog park at Jaycee Park.
Attendees will have the option to park across the street at 2607 S Federal Highway from the
event and walk to the event. Attendees will be escorted across Federal Highway by the
Police Department.
How will this affect city programs or services? Parking is very limited at Jaycee Park and
this agreement provides an additional parking option for those that would like to attend the
new Dog Park grand opening event.
Fiscal Impact: There is no cost related to the temporary use of this property.
Attachments:
R23-157—Resolution approving land use agreement with Heywood LLC for dog park grand opening at
Jaycee Park
Heywood Use Agreement
1 RESOLUTION NO. R23-157
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
7 HEYWOOD, LLC, FOR THE USE OF PROPERTY LOCATED AT 2607 S.
8 FEDERAL HIGHWAY, BOYNTON BEACH FLORIDA FOR THE EVENT ON
9 SATURDAY, NOVEMBER 4, 2023, SUBJECT TO FINAL APPROVAL BY
10 THE CITY ATTORNEY;AND PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, the City has received permission from the property owner to utilize the
14 Heywood, LLC., property located at 2607 S. Federal Highway, Boynton Beach, Florida for an
15 event taking place on Saturday, November 4, 2023; and
16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
17 recommendation of staff, deems it to be in the best interests of the City residents to approve
18 and authorize the Mayor to sign the Agreement for Use of Property between the City of
19 Boynton Beach and Heywood, LLC.,for the event taking place on Saturday, November 4,2023,
20 subject to final approval by the City Attorney.
21 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
22 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 the Agreement between the City of Boynton Beach and Heywood, LLC., for Use of
28 Property located at 2607 S. Federal Highway, Boynton Beach, Florida for the event taking
S:\CA\RESO\Agreements\Land Use Agreement with Heywood LLC -Reso.docx
29 place on Saturday, November 4, 2023, subject to final approval by the City Attorney. A copy
30 of the Agreement is attached hereto as Exhibit "A."
31 Section 3. This Resolution shall become effective immediately upon passage.
32 PASSED AND ADOPTED this 17th day of October, 2023.
33 CITY OF BOYNTON BEACH, FLORIDA
34
35 YES NO
36
37 Mayor—Ty Pensergal/
38
39 Vice Mayor—Thomas Turkin /
40 V/
41 Commissioner—Angela Cruz
42 /
43 Commissioner—Woodrow L. Hay
44 1./
45 Commissioner—Aimee Kelley
46
47 VOTE S
48
49 ATT° T:
Aior
50
51 �... 1. ��> _r
52 Mayle- D- esus, MP4, MMC TAS s/•
53 City Cler y, Mayor
54
55 „�ovAir % APPROVED AS TO FORM:
56 (Corporate Seal) . ..• OF RPo �' `\
SEAL
58 i : INCORPORATED; ;
NCO = i
RPORATED:
59 David N. Tolces
,i. 1 920
60 �4 Interim City Attorney
61 1'‘‘.FORID
� P
62
S:\CA\RESO\Agreements\Land Use Agreement with Heywood LLC -Reso.docx
AGREEMENT FOR USE OF PROPERTY
THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made thisaday
ofbol, 2023,by and between the City of Boynton Beach("City") and Heywood LLC
its officers, employees, successors and assigns ("Owner").
WITNESSETH:
WHEREAS, Owner warrants that it owns that certain property located at 2607 S Federal
Hwy,Boynton Beach, FL 33435 (Parcel Number: 08-43-45-33-00-000-5070), (the"Property");
and
WHEREAS,the City desires to use the parking lots located on the Property for parking
for an event taking place on Saturday,November 4, 2023 (the"Event");
WHEREAS, Owner desires to permit the City to use 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. Foregoing Whereas clauses are incorporatedas 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. Owner is responsible for any injuries which occur on the Property as a result in a
defect in the property, Owner's failure to maintain the property, and any and all
other conditions which are the Property Owner's responsibility, and which cause
an injury to any guest, invitee, or third party on Property.
5. 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, and
contractors, 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.
Page 1 of 5
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 specific in Exhibit A. Nothing in this paragraph is considered a
waiver of sovereign immunity by the City.
6. 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.
7. 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.
8. This Agreement shall expire on Monday, November 6, 2023 at 6:00pm.
9. This Agreement is governed by the laws of the State of Florida and venue is in
Palm Beach County.
10. 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.
Page 2 of 5
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 B ACH
By:
1,,
Print Name. P° PENSERGA
City Clerk a Title: MAYOR
SOYNTNN NN
(SEAL) 45).4,.6‘'P°4/Z7.%.‘7744t'._4i,
SEAL ,
Approved as to form: ; INCORPORATED
1920 oe
City Attorney `‘% FLORIDN
ATTEST: HEYWOOD LLC
By:
Print Name:
Title:
(SEAL)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of[i physical presence or L]
;online notarization this day of , 2023,by as
for Heywood LLC.
(
(NOTARY SEAL) (Name of Notary Typed, Printed, or Stamped)
:Personally Known OR Produced Identification
Type of Identification Produced
Page 3 of 5
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 Saturday, November 4, 2023.
2. In addition to the date listed above, the City may access the Property to perform site
preparation (such as signage) before the Event. This access may occur anytime between
Wednesday, November 1, 2023 and Monday, November 6, 2023, 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 site preparation activities between the hours of 8:30 a.m. and 5:30
p.m.
3. The City may install removable event parking signs on the Property for the Event.
Page 4 of 5
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