R19-145 1 RESOLUTION NO. R19-145
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
6 SIGN A LAND USE AGREEMENT WITH SUNTRUST BANK, FOR
7 THE 49TH ANNUAL HOLIDAY PARADE TO BE HELD
8 DECEMBER 7,2019; AND PROVIDING AN EFFECTIVE DATE.
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1 WHEREAS,the City plans to use the SunTrust Bank., property at 315 South Federal
2 Highway as a public parking option during the 49th Annual Holiday Parade on December 7,
3 2019; and
4 WHEREAS, While the City's Town Square is under construction parking is limited
5 and this site will provide an alternative for public parking during the event; and
6 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
7 recommendation of staff, deems it to be in the best interests of the City residents to approve
8 and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach
9 and SunTrust Bank, for the 49th Annual Holiday Parade to be held December 7, 2019.
0 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
1 THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
3 being true and correct and are hereby made a specific part of this Resolution upon adoption
4 hereof.
5 Section 2. The City Commission hereby approves and authorizes the Mayor to
6 sign a Land Use Agreement between the City of Boynton Beach and SunTrust Bank, for the
7 49th Annual Holiday Parade to be held December 7, 2019. A copy of the Agreement is
8 attached hereto as Exhibit"A."
9 Section 3. This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Land Use Agreement with SunTrust Bank for Holiday Parade 2019-Reso.docx
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31 PASSED AND ADOPTED this 31°-day of December, 2019.
32 CITY OF BOYNTON BEACH, FLORIDA
53
34 YES NO
35
36 Mayor—Steven B. Grant 1/
37
38 Vice Mayor—Justin Katz t/
39
40 Commissioner—Mack McCray
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02 Commissioner—Christina L. Romelus /
43 t/04 Commissioner—Ty Penserga
45
06 VOTE S-0
47 ATTEST:
48
49
90 4. r
91 stal Gibson, MMC
2 Ci y Clerk
3
4
5 (Corporate Seal)
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S:\CA\RESO\Agreements\Land Use Agreement with SunTrust Bank for Holiday Parade 2019-Reso.docx
1 lY 1� ,
AGREEMENT FOR USE OF PROPERTY
THIS AGREEMENT FOR USE OF PROPERTY("Agreement") is made this .day of
,2019, by and between the City of Boynton Beach ("City")and SunTrust Bank, its
officers,employees, successors and assigns("Owner").
WITNESSETH:
WHEREAS, Owner warrants that it owns that certain property located at 315 S.Federal Hwy,
Boynton Beach,FL 33435 (Parcel Number:08-43-45-28-07-001-0010),(the"Property"); and
WHEREAS,the City desires to use the parking lots located on the Property for parking for an
event taking place on December 7, 2019(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. 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 specific in Exhibit
A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City.
5. 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.
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 midnight on December 7, 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 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: id 717 CITY OF BOY TON BEACH
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By: 41
Print Name: Lon 2rr1e_re
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CITY ATTORNEY
ATTEST: SU' :ANK
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Title: ijrj Q.Jl 4I r
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STATE OF FLORIDA
COUNTY OF PALM BEACH
•
I HEREBY CERTIFY that in this clay before me, an officer duly qualified to take
acknowledgements, personalli, appeared LORI LAVERRIERE ,as CITY MANAGER
of the City of Boynton Beach yjho is pPrcnnally known o e the ner n descriheri in or who
�. .:,produced— 4-• '' - as identification,and who executed the foregoing and
acknowledged before me that he executed the same.
„7,.,WIT�N.,ESS my hand and seal in the Count and State aforesaid on this (P day of
)P C\ , 2019. �� n
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NOTARY PUBLIC
TAMMY L STANZIONE
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ATTEST:
By:
Print Name:
Title:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me,an officer duly qualified to take
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acknowledgements, personally,appeared NA "hives , as &4112ch /YZANAff 6R
of ,f iN?jusf who i ersonally know 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
(,�inbti . 4, 2019.
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NOTARY PUBLIC
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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 on December 7, 2019.
2. In addition to the date listed above,the City may access the Property to perform site preparation
(such as light tower placement) before the Event. This access may occur anytime between
December 5 and December 7,2019,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 site preparation activities between the hours of 8:30 a.m.and 5:30 p.m.
3. The City may install removable event parking and parking signs on the Property for the Event.