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R22-165 1 RESOLUTION NO. R22-165 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A LAND USE 6 AGREEMENT WITH BB1 DEVELOPMENT LLC, FOR THE 51n ANNUAL 7 HOLIDAY PARADE TO BE HELD SATURDAY, DECEMBER 3, 2022; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City plans to use the BB1 Development LLC, property as a public 12 parking option during the 51st Annual Holiday Parade on December 3, 2022; and 13 WHEREAS, parking is limited and this site will provide an alternative for public parking 14 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 51st Annual Holiday Parade to be held December 3, 2022. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 20 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 BB1 Development LLC, 26 for the 51st Annual Holiday Parade to be held December 3, 2022. A copy of the Agreement 27 is attached hereto as Exhibit "A." S:\CA\RESO\Agreements1Land Use Agreement with BB I Development for Holiday Parade 2022-Reso.docx 28 Section 3. This Resolution shall become effective immediately upon passage. 29 PASSED AND ADOPTED this 14th day of November, 2022. 30 CITY OF BOYNTON BEACH, FLORIDA 31 32 YES NO 33 � A 34 Mayor—Ty Penserga ' 4— 35 V 36 Vice Mayor—Angela Cruz 37 38 Commissioner—Woodrow L. Hay •/ 39 ✓ 40 Commissioner—Thomas Turkin 41 42 Commissioner—Aimee Kelley 43 44 VOTE 9-0 45 46 47 48 A S ,, 49 50 �, i!� _ 51 Maylee esus, MPA, C c,,/ Ty Penserga 52 City CI-rMayor 53 54 "�OYNTON`y1 APP ! A 0 0'., 55 (Corporate ;�I1...c.„,, RgrF•.. I. 56 t'• SEAL % # 57 Michael D. Cirullo,Jr. 58 i .INCORPORATED; , •tt •• 1920 City Attorney 59 i 60 %`‘‘ FLOR1 .- S:\CA\RESO\Agreements\Land Use Agreement with BBI Development for Holiday Parade 2022-Reso.doc 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 Saturday, December 3, 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. 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. 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 Page 1 of 6 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 Monday, December 5, 2022 at 6:00pm. 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. Page 2 of 6 ATTEST: CITY OF OYNTON H By: 4.11 .t. I / Print Name: TY PENSERGA City Cle k -'" itle: MAYOR •**VOW 4, �'eti (SEAL) ;c�, SEAL l;z's I INCORPORATED; A. ; a o orm: z•ti. 1920 4 `‘%, FLORIDP 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 L] 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 Page 3 of 6 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 Saturday, December 3, 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, December 2, 2022 and Monday, December 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. Page 4 of 6 08-43-45-27-02-000-0010: 222 N Federal Hwy / I I...:' ,\_,......14.1.,_ '� 1 Igo. t ; I , i iv t�� . illiQ• . a Boynton t'.r n li lslvit t t;c't nton ttitsch Blvd elli . , t.. ",...:(4. i ., . .. Al. •Ab ;16.. ",r- - , 0 - p 1 �I�' " ' • ,' r .� �� 1 W 1=if f ` 4 • 4 'C a , U. r • , a r---' 1 t i� Z .. ill§ 1 i ` _., *11 I 1h • y: tr • ' s .r.'2,!.....::•,./ .•" ' 1 ii .,...--44t: , , , t_eiR I";. 1 1 1 3 �. Ti i , , 4,4 I . , ' . 1 a a0 ipk .SII fi c, ... •;, - i T — •4 • -._ i. Pym beau,Cont - May 3,2022 " 1.126 0 0.0075 0.015 0.03 r., 0 0-015 0.03 006tun Page 5 of 6 08-43-45$-27-01-000-0410:114 N Federal HwyPit il111 11lt! •-' , h., 4' 'tO. •: L.` • ^ «�� " , 1, a; .. v-70,.. . lir--_ . _ . , •... :,.4.Jr.,:4:, fsa 1 1 sr 6 i,,1 s, .. .Ill:. ,Ili!. { I : 1• i Vi_ ,l• ir 1 1 ^ w ` ti- -\-\\ -.. . ss , :, .. ii -0 161* I4 , , t E 'I x ~' i . �. _ , . .:. is , v [O 1 0 o11 a1 kk ' !"I,3 x _ , ;,,,,,20,!,,, a 111 l rp piut_ Iri Ava ..E Oc•an Av.,- • . 4,, l OG4,01 � i... . ' k.;:: -. _ ._ 11 � '� . , !II `Lr-- —1 P. , '4 • . - , ,41 } , ., , 11 _ . ��' Wye _ . it ,. . , k ' , 1 I iNail ,i1, 1 :' lid '° t -1.,, . • May 3,2022 1:1.128 0 00075 0015 403 1 ti ,i 1 ti , 1 0 0015 0.03 - :E ••i Page 6 of 6 DocuSign Envelope ID:98BECA24-400A-4CEE-9B3E-AE482271B552 1 RESOLUTION NO. R22-165 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A LAND USE 6 AGREEMENT WITH BB1 DEVELOPMENT LLC, FOR THE 515` ANNUAL 7 HOLIDAY PARADE TO BE HELD SATURDAY, DECEMBER 3, 2022; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City plans to use the BB1 Development LLC, property as a public 12 parking option during the 51st Annual Holiday Parade on December 3, 2022; and 13 WHEREAS, parking is limited and this site will provide an alternative for public parking 14 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 51st Annual Holiday Parade to be held December 3, 2022. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 20 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 BB1 Development LLC, 26 for the 51st Annual Holiday Parade to be held December 3, 2022. A copy of the Agreement 27 is attached hereto as Exhibit "A." S:ICAIRESD+Agrecmcnts\Land Use Agreement with BB I Development for Holiday Parade 2022-Reso.docx DocuSign Envelope ID:98BECA24-400A-4CEE-9B3E-AE482271B552 28 Section 3. This Resolution shall become effective immediately upon passage. 29 PASSED AND ADOPTED this 14th day of November, 2022. 30 CITY OF BOYNTON BEACH, FLORIDA 31 32 YES NO 33 34 Mayor-Ty Penserga -er - 35 36 Vice Mayor-Angela Cruzy 37 38 Commissioner-Woodrow L. Hay 39 40 Commissioner-Thomas Turkin 41 42 Commissioner-Aimee Kelley 43 44 VOTE 1 ^(� 45 46 47 48 A S •, 49( 50 0 I 51 Maylee e esus, MPA, C c.„( Ty Penserga 52 City CI-r Mayor 53 54 "Rgi N TON , `‘t1 AP• >f , 0 55 (Corporate 41, ••o 9ORgi'; F 4% G • 56 :..**(53 SEAL '�`' v ', 57 i • i t INCORPORATED• ; Michael D. Cirullo, Jr. • 58 '��, :.,. 1920 ; City Attorney 59 .• 60 ``i • FLORIDP �, znz-may S:1CA\RESO\Agreementsll.and Use Agreement with 13131 Development for Iloliday Parade 2022-Reso.docs DocuSign Envelope ID:98BECA24-400A-4CEE-9B3E-AE482271B552 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 BBI 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 • I for an event taking place on Saturday, December 3, 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. I 2. Owner agrees to allow the City to enter onto the Property for any and all uses (�os related to the Event on the dates and times specified in the attached Exhibit A. xcluding gthe parking spaces reflected on Exhibit B. l 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 arc 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. 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 Page 1of6 DocuSign Envelope ID:98BECA24-400A-4CEE-9B3E-AE482271B552 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 Monday, December 5, 2022 at 6:00pm. 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. Page 2 of 6 DocuSign Envelope ID:98BECA24-400A-4CEE-9B3E-AE482271 B552 ATTEST: CITY OF :OYNTOOH f By. / 101110 •A /E' % Print Name: TY PENSERGA City Cle kitle: MAYOR �pY N TpN`‘, / 'O .•..POR CP TF•61 ‘4 1, (SEAL) ; 0: SEAL •:z's \ '. rfir ' ) A•; / a o rm: City Attorney ATTEST: BB1 DEVELOPMENT LLC —DocuSigned by: B 74."": -a Robert Vecsler -B68BDA7AD571346C... Print Name: Title: Authorized Signatory (SEAL) STATE OF FLORIDA COUNTY OF Broward The foregoing instrument was acknowledged before me by means of[] physical presence or [X] online notarization this 23rd day of November , 2022, by Robert vecsler as Authorized signatoory for pycapipnentLLC. ( B68BDA7AD57D46C.. ) (NOTARY SEAL) (Name of Notary Typed, Printed, or Stamped) Personally Known X OR Produced Identification Type of Identification Produced / DS I ,.. �eG MELISSA ANN TOMPKINS I ? 11 ci Notary Public-State of Florida ,74,, Q�ots Commission N GG 302209 My Comm.Expires Feb 24,2023 II Page 3 of 6 DocuSign Envelope ID.98BECA24-400A-4CEE-9B3E-AE482271B552 Exhibit"A" I. 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 Saturday, December 3, 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, December 2, 2022 and Monday, December 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. Page 4 of 6 DocuSign Envelope ID:98BECA24-400A-4CEE-9B3E-AE482271B552 08-43-45-27-02-000-0010: 222 N Federal Hwy i 0 0. ;-fir! _` .� ,! 446.• lit lil ' �. - � � E�Boynton L]ra,ti Y-Iv0 . . 1 t w : 4\ 1111112 • 11111111 , 4, .d ! . U. I' 4 I 1 Z I s' • �•f. 11I •. t # u 3- # J } 1 I; "*.1, M,A ' ipt:4 ...1 k W. " 6 • .. j ti , I ii ' I i ' 1 '' 2' A • } \\' )0y. Nit ;Aft ,.., :-.- . .,.41 It'll Ftt•'..' 1)k Z 1 Y i 1'1 1 • p.,6Yr co 1, v- 0 May 3.2022 1.1.128 0 0 0075 0 015 0.03 In Iti - . ' t ♦ '. • . I 0 0.015 003 006 kn Page 5 of 6 DocuSign Envelope ID:98BECA24-400A-4CEE-9B3E-AE482271B552 08-43-45-27-01-000-0410:114 N Federal Hwy ' \,,, . .: •ti nir. NIA: v. .. ..: - & - ' , I w'' i,. gal 771 1 w Its • 1 4 ._.' 1 + .rl , , P . ° . . ' I,rIN • , s 1 4' fi iron..'a k„ 4 k 3 ' 1 • 4 nr.‘ iv :Ali 1 , Ai .., II AL 1 i Xi i' Z . , ., '.44;.. - ' . .•' ' ;11 . 1 ". lip, ' i ' I; Ava + ¢ -r • , s, :.Y 1 t �'i p T --- — -..-.— ' _- 3T" oil LIMN r k . . ti',,,-...:. ., ' ...- - : _..m.,:tipan. lir . it 'Tr..- i May 3.2022 1:1.128 0 0 0076 0.015 0 03 n, I ti . • t f . I 0 0015 0.03 0.06 kr., Page 6 of 6 DocuSign Envelope ID:98BECA24-400A-4CEE-9B3E-AE482271B552 Exhibit"B" Excluded Parking ----Ebibit-/4 Depiction of Parking Lot and Parking Spaces - it - ` �. • _lr �C1J f ��yr7 --,..-41 «• _ r,j . a • a '• •,,..1.0%•-•.6.,-;,..7--&,- ".�it ,ir�f.. yr�.f � •_ ..r t 41^ '»r f4 i + .-'.i / !(Ylif,. .-14.-....,.;t,r .,•-,45-„,,f-,.7,1,,,. 1 �-A1 gw hf.s, / _ r IS4 t r • ` VI r z Hwy Bo ton Beaeh A Y- or '15,1%F.'0i.,�1 �/�a��}�a�4(�� crQ"+:' lit '°=ice>r �� ; '- • 0 i. -- ire- 1' I 'Y: z r. . ....: tx.....t ' ..___.---__.t— ',, r‘ ."-ks ' "TIAJfr t4 '''';;Ii 1 Hc. ,n itt, 33.11,0013 • - ...• 4 �.r (Ocean 8 FTLDOCS 8993129 2