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R23-148 1 RESOLUTION NO. R23-148 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL 6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE 7 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE 8 USE OF 115 N. FEDERAL HIGHWAY,409 BOYNTON BEACH BLVD, 106 NE 9 3RD AVENUE, AND COTTAGE DISTRICT SITE FOR THE 2023 BOYNTON 10 BEACH PIRATE FEST EVENT;AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, parking is limited in the Town Square area and this agreement will provide 13 additional parking options for those that would like to attend the 2023 Boynton Beach Pirate 14 Fest event; and 15 WHEREAS, The City has received permission from the Boynton Beach Community 16 Redevelopment Agency to utilize the following property to provide free public parking for 2023 17 Boynton Beach Pirate Fest event attendees: 115 N. Federal Highway, 409 Boynton Beach Blvd, 18 106 NE 3rd Avenue, and Cottage District site; and 19 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation of 20 staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach 21 to approve and authorize the Mayor to sign an Interlocal Agreement between the City of 22 Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of 115 23 N. Federal Highway, 409 Boynton Beach Blvd, 106 NE 3rd Avenue, and Cottage District site for 24 the 2023 Boynton Beach Pirate Fest event. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach hereby approves and 31 authorizes Approving and authorizing the Mayor to sign an Interlocal Agreement between the 32 City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use 33 of 115 N. Federal Highway, 409 Boynton Beach Blvd, 106 NE 3rd Avenue, and Cottage District S:\CA\RESO\Agreements\ILA with CRA for Pirate Fest Parking-Reso.docx 34 site for the 2023 Boynton Beach Pirate Fest event. A copy of the Interlocal Agreement is attached 35 hereto and made a part hereof by reference as Exhibit "A". 36 Section 3. That this Resolution shall become effective immediately upon passage. 37 PASSED AND ADOPTED this 17th day of October, 2023. 38 CITY OF BOYNTON BEACH, FLORIDA 39 YES NO 40 / 41 Mayor—Ty Penserga �/ / 42 43 Vice Mayor—Thomas Turkin 44 45 Commissioner—Angela Cruz 46 47 Commissioner—Woodrow L. Hay 48 49 Commissioner—Aimee Kelley 50 51 VOTE 5--0 52 A 53 54 •..10411111 ---Nr.• a " 55 Maylee De J us, MPA, M I C Ty Penser.�` 56 City Clerk il Mayor 57 ----,;60‘(N TpN`‘� 58 O<�GpRPOR...<9 tl'1 APPROVED AS TO FORM: 59 (Corporate Seal) ' SEAL..`' ''60 3-i 1 . 61 i : INCORPORATED; 5 'i 1920 ; 1 62 iUla-1. . 1 s. - ' 63 .1‘ F OR ' I _ David N.Tolces %, LORiD 64 `.%, Interim City Attorney S:\CA\RESO\Agreements\ILA with CRA for Pirate Fest Parking-Reso.docx AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY("Agreement") hereby entered into by and between the City of Boynton Beach("City")and Boynton Beach Community Redevelopment Agency("Owner"). WITN ESSETH: WHEREAS,Owner warrants that it owns that certain property described in Exhibit A, (the "Property");and WHEREAS,the City desires to use the Propertyfor purposes of (the "Event"); WHEREAS,the Event will take place on , 20 ,as further described in Exhibit B; and WHEREAS,Owner desires to permit the City to use the Property for the Event; WHEREAS,the Owner has previously authorized the Executive Director to enter into this Agreement pursuant to Resolution ;and NOW,THEREFORE,for the good and valuable consideration$10.00 and of the mutual covenants and matters set forth herein,the sufficiency ofwhich both parties herebyacknowledge,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 B. 3. The City shall conduct an inspection of the Property to ensure its suitability for the Event The City accepts the Property for the Event in "as-is" condition. The Owner makes no representations or warranties concerning the condition of the Property or its suitability for the Event. 4. At least 10 days prior to the Event,the City shall provide 1)public notice,and 2)individual notice to the adjacent property owners and tenants of adjacent properties,of the City's intent to use the Property for the Event. 5. The City shall be required to provide alternative parking in exchange for use of the Property during the Event,if parking is provided on the CRA-owned properties. 6. The City represents and acknowledges that all its activities and all its employees,agents, guests,invitees,and Event participants are properly covered by appropriate insurance. The City shall obtain all insurance required by the Owner and provide proof thereof at least 10 days prior to the Event, and include, along with an executed copy of this Agreement, a Certificate of Insurance ("COI") for comprehensive general liability insurance with a liability limit of at least$1,000,000 per occurrence combined single limit bodily injury and property damage liability. Additional insurance requirements may be found in Exhibit"C,"which is hereby incorporated herein.The insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from,or arising out of the Event or this Agreement. The CRA is to be included as "Additional Insured" with respect to liability arising out of the acts or omissions of the City in connection with the Event.The Certificate must include the following as an additional insured: Boynton Beach Community Redevelopment Agency 100 E.Ocean Avenue 4th Floor Boynton Beach,Florida 33435 7. The City shall be responsible for any injuries to its employees,agents,guests,invitees, officers,and third parties occurring during activities in the course and scope of the Event and related to the use of the Propertyforthe Event.The City shall further be responsible for any damage to the Property caused by the City's or other Event participants' use of the Property for the Event or during the dates described in Exhibit B.The City shall also be responsible for its own negligence.To the extent permitted by law, the City shall defend,indemnify,save,and hold harmless the Owner(including its agents,officers,and employees)from any liability, claim, demand,suit, loss,cost,expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property or other damages or personal injury, including death,sustained by any person whomsoever,which damage is incidental to,occurs as a result of,arises out of,oris otherwise related to the negligent or wrongful conduct orthe faulty equipment(including equipment installation and removal)of the City, the Event, or City's employees,agents,guests,invitees,officers,and third parties on the Property as a result of or during the Event.This paragraph shall not be construed to require City to indemnify Owner for Owner's own negligence,or intentional acts of the Owner,its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers,employees and agents. Nothing in this Agreement shall be considered a waiver of the Owner's sovereign immunity rights,including those rights retained by the Owner pursuant to section 768.28. Florida Statutes. 8. Owner hereby acknowledges and agrees that Owner has received$10 in compensation from the City and will receive other consideration in return for permittingthe City to use the Property as provided for in this Agreement in the form of benefits derived from having Event participants within the Community Redevelopment Area. 9. The City shall leave the Property in a condition equal to or better than that prior to the Page 2 of 9 City's use of the Property. 10. 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. 11. The failure of a party to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the defaulting or breaching party fails to cure the default within seven(7) days of notice from the other party,or prior to the start of the Event,whichever comes first, the party not in breach or default may terminate this Agreement. 12. Owner shall not be responsible for any property or other damages or personal injury sustained by the City (including the City's agents,employees,invitees,guests, officers, and similar persons)from any cause whatsoever related to the Event, whether such damage or injury occurs before,during,orafterthe Event.The City herebyforever waives, discharges, and releases the Owner (including the Owner's agents, employees, and officers)to the fullest extent the law allows,from any liability for any damage or injury sustained by the City. 13. This Agreement shall expire on 14. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 15. To facilitate execution,this Agreement may be executed in as many counterparts as may be convenient or required,each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically(i.e.,via facsimile or .pdf format document sent via electronic mail),which transmitted document shall be deemed an original documentforall purposes hereunder.The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement.The parties declare thatthe terms of this Agreement have been read and are fully understood. The parties understand that this is a binding legal document,and each party is advised to seek independent legal advice in connection with the matters referenced herein. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties. To that end,this Agreement is declared severable.All Exhibits to this Agreement are considered incorporated herein as if fully set forth. 16. The City shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group,agency,government,non-profit or profit corporation, or other entity Page 3 of 9 without prior,written permission from the Owner. 17. This agreement shall become effective as of the date of the last signature below.The provisions of this Agreement concerning waiver, insurance, and indemnification shall survive termination of this agreement,along with those provisions that by their nature survive termination. IN WITNESS WHEREOF,the parties hereto have entered this Agreement on the day and year written below. [SIGNATURES ON FOLLOWING PAGE] Page 4 of 9 ATTEST: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Title: Date: (SEAL) 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 Boynton Beach CRA 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 ,202_. NOTARY PUBLIC My Commission Expires: Page 5 of 9 ATTEST: �� I/' — CITY OF BOYNTON BEACH 440 By: Print Name jr 470004114 OY'pF ..si0 ` 1 Title: '.• • � . GORPo/4•T�.CP 111 V� A� -7 SE , • Date: i• ZO Pte, �INCORPO i • RATED. '•.. 1920 (SEAL) 1 ' F•......••' %` ‘ORIDP STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day for me,an officer duly qualified to take acknowledgements, personally, peared t, ..enSre as of cYl who is personally known to be the person described Jn, 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 / /–7 lay of ,- Pr ,2023 r ` s NOTAR\ P J�,C ������`pE � My Commission Expires: ��` �E ••........ �1, 0,i,V1 O2,F�••• /moi •sti NO g61 x: 02 i'0 L•. PubitcVc¢`pc�� /////D p FtBtililll 1�N.\`\\\` Page 6of 9 Exhibit"A" The Property consists of the following properties: Location Parcel No. Page 7 of 9