R24-286 RESOLUTION NO. R24-286
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AN AGREEMENT FOR USE OF
5 PROPERTY BETWEEN THE CITY AND BB1 DEVELOPMENT LLC FOR THE
6 USE OF PARKING FOR THE 2024 HOLIDAY PARADE EVENT; AND FOR
7 ALL OTHER PURPOSES.
8
9 WHEREAS, BB1 Development, LLC ("Owner") warrants that it owns that certain property
10 located at 114 N Federal Hwy, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-27-01-000-
11 0410), 222 N Federal Hwy, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-27-02-000-0010),
12 (the "Property"); and
13 WHEREAS, the City desires to use the parking lots located on the Property for parking for
14 the 2024 Holiday Parade event taking place on Saturday, December 7, 2024 (the "Event"); and
15 WHEREAS, the Owner desires to permit the City to use the Property for the Event; and
16 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
17 best interests of the city's citizens and residents to approve an Agreement for Use of Property
18 between the City and BB1 Development, LLC for the use of parking for the 2024 Holiday Parade
19 event.
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
22 BEACH, FLORIDA, THAT:
23 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption.
25 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
26 approve an Agreement for Use of Property between BB1 Development, LLC and the City for the
27 use of parking for the 2024 Holiday Parade event(the "Agreement"), in form and substance similar
28 to that attached as "Exhibit A."
29 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
30 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
31 ancillary documents required under the Agreement or necessary to accomplish the purposes of
32 the Agreement and this Resolution.
33 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record
34 of the City. A copy of the fully executed Agreement shall be provided to Gabrielle Favitta for
35 forwarding to the Owner.
36 SECTION 5. This Resolution shall take effect in accordance with law.
37 47
38 PASSED AND ADOPTED this ! 7 day of Ajn eh12CC 2024.
39 CITY OF BOYNTON BEACH, FLORIDA
40 YES, NO
41 Mayor—Ty Penserga ✓
42
43 Vice Mayor—Aimee Kelley
44 t/
45 Commissioner—Angela Cruz
46 l .
47 Commissioner—Woodrow L. Hay
48
49 Commissioner—Thomas Turkin
5
511 5-0
VOTE
52 A EST:
53 tie / t
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55 Mayly lie Jesus, '-A, MMC Tye•. a
56 City ,_o NTON a``, Ma •
57
;� �.voRAT•••:9 �IAPPROVED AS TO FORM:
58 ok.Gose FT .:cy��,
59 (Corporate Seal) i/—: SFiAv t �#
PORP : i
60 •v. 1Nc,OR
61 '+ ' 1920..' % jaidna Xfilh
62
14 %•••••FLOR��_P Shawna G. Lamb
63 City Attorney
Docusign Envelope ID:517A6AA8-DCB7-47C7-8295-AE6310A9F934
AGREEMENT FOR USE OF PROPERTY
THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this flay
of k)pennb€,2024,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
Hwy, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-27-01-000-0410), 222 N Federal
Hwy, 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 7, 2024 (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. To the extent required by law, 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 the Owner
from all claims, suits, causes of action or any claim whatsoever made by any party
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Docusign Envelope ID:517A6AA8-DCB7-47C7-8295-AE6310A9F934
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 9, 2024 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.
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Docusign Envelope ID:517A6AA8-DCB7-47C7-8295-AE6310A9F934
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 B •ACH
By: � �ru Z'
4A l , i te Print Na : PENSERGA
City Cle k Title: MAYOR
F gOYNTo
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ATTEST: BB1gyent LLC
�—Signed by: By:
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US � �t lAS Print Name: Jordan Thaler
LisaV p 1 Rlptc n5
Title: MrJordan Thaler
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Docusign Envelope ID:517A6AA8-DCB7.47C7-8295-AE6310A9F934
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 Saturday,December 7, 2024.
2. In addition to the date listed above, the City may access the Property to perform site
preparation (such as equipment and signage) before the Event. This access may occur
anytime between Wednesday,December 4,2024 and Monday,December 9,2024,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 8:00 a.m.and 6:00
p.m.
3. The City may install removable equipment and event parking signs on the Property for the
Event.
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Docusign Envelope ID:517A6AA8-DCB7-47C7-8295-AE6310A9F934
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