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
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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
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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]
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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:
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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
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My Commission Expires: ��` �E ••........
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Exhibit"A"
The Property consists of the following properties:
Location Parcel No.
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