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R23-156 1 RESOLUTION NO. R23-156 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 ICUG, 7 LLC, FOR THE USE OF PROPERTY LOCATED AT 2617 S. FEDERAL 8 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 ICUG, LLC., property located at 2617 S. Federal Highway, Boynton Beach, Florida for an event 15 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 ICUG, 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 ICUG, LLC., for Use of Property 28 located at 2617 S. Federal Highway, Boynton Beach, Florida for the event taking place on S:\CA\RESO\Agreements\Land Use Agreement with ICUG LLC -Reso.docx 29 Saturday, November 4, 2023, subject to final approval by the City Attorney. A copy of the 30 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 f 37 Mayor—Ty Penserga 38 39 Vice Mayor—Thomas Turkin 40 41 Commissioner—Angela Cruz 42 v 43 Commissioner—Woodrow L. Hay 44 45 Commissioner—Aimee Kelley 46 47 VOTE S19 48 49 A ;1: 1 50 51 1I.L9! / — 52 Mayl:e - esus, ''A, MMC y 'e ga� 53 City Cle Maya 54 55 APPROVED AS TO FORM: 56 (Corporate Seal) �= o' NTON NN 57 /,O� ORPoRAT• � 1++• + t •• 58 59 s _ SEAL David N. Tolces 'i+ :INCORPORATED! 60 •• 1920 •: ' Interim City Attorney 61 ++ •••.....••' 62 \\`FLORIDA r S:\CA\RESO\Agreements\and Use Agreement with ICUG LLC -Reso.docx L AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this 17lay of C'-cdbe,C, 2023,by and between the City of Boynton Beach("City") and ICUG LLC its officers, employees, successors and assigns ("Owner"). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 2617 S Federal Hwy,Boynton Beach,FL 33435 (Parcel Number: 08-43-45-33-00-000-5080), (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 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. 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 tenninate 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 BOYNTONN BEACH By: Print N. Ye: 'Y PENSERGA City Cle Title: MAYOR r�goY Rq° 'e (SEAL) `�v14 .. G••... rN,' % •. 7 to owed . • fo ow• 'cs f SEAL\ : INCORPORATED: ' 1920 City Attorney `‘‘ FCORIOP �'‘% .....— ATTEST: ICUG LLC By: Print Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of[] physical presence or [j online notarization this day of , 2023,by as for ICUG 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 • 08-43-45-33-00-000-5080 '1147 ,� yy Ir. , - v,gi\jr a 1 • f Y_,,, ftfi n *.ay�I, h ,s. a�r .1 Il I� li II !� -'-._ tta f •1 ':� ./ {;• ., III al '11 1 lil)I� !;' 1 z .,.... x,,_ ., .,, . ,,,, ,, : r - ,,,„ . , „„ __,, i. . , ,,, __ - _ 4_,.., ,,_,,,,,..-._,.,,,,.. ,,,,- -,_ --... _ 0 '0(I r,ISI Lwow .r�„y 'Y.. ' N a .. n i.,1-1' .1 i ' _ r Rf w ,_. fff S tTa' I - 'h _ r' r r• ilk r c s _ 7 Nay t�k,I 'I iI Y tr • 1+In' �' _, . -' 1I11! i� �"-� - i ,' � • I II, I irk t ueuc ,- w r1' �y• r te,-..Y',:gt4,��h, t' s? 111 1 I • 1 -' Y a 7 •S!7$dl,u,a�.,..a ...../...,..„..* s� - ... 3s a€1. T �� ,hall �[h e to "1 ^.a 4z :.::',',.:, --1'..._-' auk ' : [I' _�f r ! 'I I, ! °I ,,Y . n 1 +fie "G !t s iJ 'xa^vt .e, - '. 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JAf1Y'aL� 'i �n�.- •11,J 1. y October 16,2023 1:1,128 a a.I1UTh a.I716 a.03 mi 1 , a ri t „ ' ' 1 a u_um u.as NA km ii Page 5 of 5 6.0 Consent Agenda 10/17/2023 City of Boynton Beach m r tir� Agenda Item Request Form e•''' Meeting Date: 10/17/2023 Proposed Resolution No. R23-156 - Land Use Agreement— ICUG 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 ICUG 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 2617 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: R23-156—Resolution approving land use agreement with ICUG LLC for dog park grand opening at Jaycee Park ICUG LLC Use Agreement