R22-066 1 RESOLUTION NO. R22-066
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 BB1 Development, LLC.,
7 FOR THE 4TH OF JULY EVENT TO BE HELD JULY 4,2022; AND
8 PROVIDING AN EFFECTIVE DATE.
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10
11 WHEREAS,the City plans to use the BB 1 Development, LLC., property as a public
12 parking option during the Annual 4th July Holiday event on July 4, 2022; and
13 WHEREAS, parking is limited and this site will provide an alternative for public
14 parking during the event; and
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
16 recommendation of staff, deems it to be in the best interests of the City residents to approve
17 and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach
18 and BB1 Development,LLC., for the 4th of July event to be held July 4th, 2022.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
24 Section 2. The City Commission hereby approves and authorizes the Mayor to
25 sign a Land Use Agreement between the City of Boynton Beach and BB 1 Development,LLC.,
26 for the 4th of July Annual Event to be held July 4,2022. A copy of the Agreement is attached
27 hereto as Exhibit"A."
28 Section 3. This Resolution shall become effective immediately upon passage.
29
S:\CA\RESO\Agreements\Land Use Agreement with BBI Development LLC for July 4th 2022-Reso.docx
30 PASSED AND ADOPTED this 17th day of May, 2022.
31 CITY OF BOYNTON BEACH, FLORIDA
32
33 YES NO
34
35 Mayor—Ty Penerga ✓
36
37 Vice Mayor—Angela Cruz ✓
38
39 Commissioner—Woodrow L. Hay ✓
40
41 Commissioner—Thomas Turkin ✓
42
43 Commissioner—Aimee Kelley ✓
44
45 VOTE 5-0
46 ATTEST:
47
48
49 411474;d e 44 t
50 C stal Gibson, MMC
51 City Clerk
52
53
54 (Corporate Seal)
S:\CA\RESO\Agreements\Land Use Agreement with BBI Development LLC for July 4th 2022-Reso.docx
AGREEMENT FOR USE OF PROPERTY
THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this_day
of ,2022,by and between the City of Boynton Beach("City") and BB1
Development LLC its officers, employees, successors and assigns("Owner").
WITNESSETH:
WHEREAS, Owner warrants that it owns that certain property located at 114 N.Federal
Highway,Boynton Beach,FL 33435 (Parcel Number: 08-43-45-27-01-000-0410)and 222 N.
Federal Highway,Boynton Beach,FL 33435 (Parcel Number: 08-43-45-27-02-000-0010) ,
(the "Property"); and
WHEREAS,the City desires to use the parking lots located on the Property for parking
for an event taking place on Monday,July 4,2022 (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.
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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 Tuesday,July 5, 2022 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 terminate the contract and seek civil remedies pursuant to Section
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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: CITY OF BOYNTON BEACH
By:
Print Name: TY PENSERGA
Crystal Gibson, MMC
City Clerk Title: MAYOR
(SEAL)
Approved as to form:
James A. Cherof, City Attorney
ATTEST: BB1 Development LLC
By:
Print Name:
Title:
(SEAL)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of[1 physical presence or [__]
online notarization this day of , 2022, by as
for BB1 Development LLC.
( )
(NOTARY SEAL) (Name of Notary Typed, Printed,or Stamped)
Personally Known OR Produced Identification
Type of Identification Produced
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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 Monday, July 4,2022.
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 Friday, July 1 and Tuesday, July 5, 2022, 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 tower lights and event parking signs on the Property for
the Event.
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