R18-141 RESOLUTION NO. R18-141
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO SIGN A LAND USE AGREEMENT WITH OCEAN
ONE,LLC.,FOR THE INTERNATIONAL KINETIC ART EXHIBIT
& SYMPOSIUM TO BE HELD FEBRUARY 1-3, 2019; AND
• PROVIDING AN EFFECTIVE DATE.
11
11
1 . WHEREAS,the City plans to use the Ocean One, LLC., property to install an indoor
1 exhibition tent, a kinetic art pad and utilize the existing parking for the Feb. 1-3, 2019
1, International Kinetic Art Exhibit & Symposium weekend event; and
1 ' WHEREAS,While the City's Town Square is under construction this site will provide
1: the best needs for the temporary expansion of the weekend kinetic art event; and
1 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
1: recommendation of staff, deems it to be in the best interests of the City residents to approve
1• and authorize the City Manager to sign a Land Use Agreement between the City of Boynton
25 Beach and Ocean One LLC., for the International Kinetic Art Exhibit & Symposium to be
21 held February 1-3, 2019.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27 Section 2. The City Commission hereby approves and authorizes the City
28 Manager to sign a Land Use Agreement between the City of Boynton Beach and Ocean One
29 LLC., for the International Kinetic Art Exhibit & Symposium to be held February 1-3, 2019.
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet
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30 A copy 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 2nd day of October, 2018.
32 CITY OF BOYNTON BEACH, FLORIDA
34
35 YES NO
38
37 Mayor— Steven B. Grant
38
39 Vice Mayor—Christina L. Romelus
4C
41 Commissioner—Mack McCray
42
48 Commissioner—Justin Katz
44 ✓
45 Commissioner—Joe Casello
46
47 VOTE
48 ATTEST:
49
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51 ��`,, 1 a ,
52 Judith/. . Pyle, CMC
53 City erk
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55
56 (Corporate Seal)
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AGREEMENT FOR USE OF PROPERTY
THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this 23 day of
October ,2018, 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 property described in Exhibit B, (the
"Property"); and
WHEREAS, the City desires to use the parking lot at Property for an event taking place from
January 21,2019—February 14, 2019 (the "Event");
WHEREAS,Owner desires to permit the City to use the Property for the Event;
NOW,THEREFORE,for the mutual covenants 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. 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,contractors,
guests,invitees,and third parties 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.
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 during the dates specified in Exhibit A. Nothing in this paragraph or in
this Agreement is considered a waiver of sovereign immunity by the City.
5. Owner hereby acknowledges and agrees that Owner shall receive no compensation from
{00252993.2306-9001821} Page 1 of 5
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the City in return for permitting the City to use the Property as provided for in this
Agreement.
6. 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.
7. This Agreement shall expire on February 14, 2019.
8. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach
County.
9. 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.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first
written above.
ATTEST: CITY OF BOYNTON BEACH
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4, ti,; Print Name: Lori LaVerriere
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Title: City Manager
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(SEAL)
�Fz APP VED
TO FORM:
{00252993.1 1.T I I V � a Page 2 of 5
hMW�1*!a /}SSr• CITY ATTORNEY
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 Lori T,aVerriere , asci ty Mngr of the City of
Boynton Beach who is personally known to be the person described in, arxwkomoshnest
xxxxxxxxxxxxxxxxxxxxx>axxikentitiautiNK 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 23 day of
October , 2018.
1
NOTARY PUBLIC
4" TAMMY L STANZIONE
My Commission Expires: 3/2 5/19 - MY COMMISSION#FF213683
EXPIRES March 25.2019
i4C i r 398-0153 Floe idaNc a rySe'vire.cun•.
ATTEST: OCEAN ONE BOYNTON LLC
--)4By:
Print Name: )41AC4141(1_
Title: 1.l1)At-r9 Sts✓'w---_
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me an icer duiy qualified to take a-kn wledgements,
oetipersonally, appearedi M I C.� l I 0 SC , as (� of
►1 / jiLLl.3;who is persopally known to bP the person descri ed in, or who
produced JJ 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 5 day of
OC—(ob r , 2o18. _ 4
.` r
•NARY PUBLIC
My Commission Expires:
,1,,,,e� LISA E. DURANT
v pVi
Notary Public-State of Florida
{00252993.2306-9001821} Page 3 of 5 `•: '•` •i; Commission r FF 928351
=,• p My Comm.Expires Nov 3,2019
Bonded through National Notary Assn
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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 from January 21, 2019 through and including February 14, 2019.
2. 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. This access may occur anytime between October 2, 2018 and January 21, 2019, 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 maintenance and site preparation activities between the hours of 8:30 a.m.
and 5:30 p.m.
3. The City may install tents on the Property for the Event.
a. The City may install stakes in the existing parking lot for purposes of erecting the tents.
4. The City may build and install a cement kinetic art pad on the Property, either in front of the
parking lot or the grass area of the property along Federal Hwy.
a. Upon notice from the Owner,the City will move or remove the kinetic art within 10
business days.
b. The City agrees to accept responsibility for any damage to or loss of the art.
(00252993.2306-9001321` Page 4 of 5
Exhibit"B"
The Property consists of the following properties:
Location Parcel No.
114 N. Federal Hwy 08-43-45-27-01-000-0410
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CITY CLERK'S OFFICE
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MEMORANDUM
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O
ETON
TO: Debby Coles-Dobay
Public Arts Manager
FROM: Judith A. Pyle, CMC
City Clerk
DATE: October 3, 2018
RE: R18-141 Agreement for Use of Property
Attached for your handling is the agreement and a copy of the Resolution mentioned
above. Once the document has been signed by the vendor, please return the original
document to the City Clerk's Office for further processing.
Please contact me if there are any questions.
Thank you.
Attachments
S:\CC\WP\AFrER COMMISSION\Departmental Transmittals\2018\Debby Coles-Dobay Agreement for use of property.docx