R24-287 RESOLUTION NO. R24-287
2
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 JOURNEY COMMUNITY CHURCH,
6 INC., FOR THE USE OF PARKING FOR THE 2024 HOLIDAY PARADE
7 EVENT;AND FOR ALL OTHER PURPOSES.
8
9 WHEREAS, Journey Community Church, Inc. ("Owner") warrants that it owns that certain
10 property located at 715 S. Federal Hwy, Boynton Beach, Florida (Parcel Number:
11 08434528000005030), (the "Property"); and
12 WHEREAS, the City desires to use the parking lots located on the Property for the 2024
13 Holiday Parade event taking place on Saturday, December 7, 2024 (the "Event"); and
14 WHEREAS, the Owner desires to permit the City to use the Property for the Event; and
15 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
16 best interests of the city's citizens and residents to approve an Agreement for Use of Property
17 between the City and Journey Community Church,Inc. for the use of parking for the 2024 Holiday
18 Parade event.
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
21 BEACH, FLORIDA, THAT:
22 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption.
24 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
25 approve an Agreement for Use of Property between Journey Community Church, Inc., and the City
26 for the use of parking for the 2024 Holiday Parade event(the"Agreement"), in form and substance
27 similar to that attached as "Exhibit A."
28 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
29 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
30 ancillary documents required under the Agreement or necessary to accomplish the purposes of
31 the Agreement and this Resolution.
32 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record
33 of the City. A copy of the fully executed Agreement shall be provided to Gabrielle Favitta to
34 forward to the Owner.
35 SECTION 5. This Resolution shall take effect in accordance with law.
36
37 PASSED AND ADOPTED this /`i7 day of Otiai )W 2024.
38 CITY OF BOYNTON BEACH, FLORIDA
39 YES NO
40 Mayor—Ty Penserga 1-
41
42 Vice Mayor—Aimee Kelley
43
44 Commissioner—Angela Cruz
45
46 Commissioner—Woodrow L. Hay
47
48 Commissioner—Thomas Turkin
49
50 VOTE S---051 AT
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53 1t. Ii F• t/ ?.0 3
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54 Maylee I)e -sus, MPA, C Ty P- - ,
55 City Clerk b
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.INION `‘
56 O ........BF 1,
57 o�•�o�eoRarf ..9�,y�' APPROVED AS TO FORM:
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58 (Corporate Seal) A
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60 VAC
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61 I'�� •e••••••.•�O•I.,, Shawna G. Lamb
62 x, FLOR
City Attorney
AGREEMENT FOR USE OF PROPERTY
THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this 6th day
of September , 2024, by and between the City of Boynton Beach("City")and Journey
Community Church, Inc. its officers, employees, successors and assigns ("Owner").
WITNESSETH:
WHEREAS, Owner warrants that it owns that certain property located at 715 S. Federal
Hwy, Boynton Beach, Florida (Parcel Number: 08434528000005030), (the "Property"); and
WHEREAS,the City desires to use the parking lots located on the Property 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. 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.
d. The City shall also be responsible for its own negligence.
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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 Monday, December 9, 2024 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
287.135, Florida Statutes, as amended from time to time.
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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 'EACH
By: � � /mit , ,,
a____.-, Print Nam-• PENSERGA
City Cle k 1 Title: MAYOR
(SEAL) �-O g. .. /1/%t11
Apyroved as to fo ; SEAL '�l 1'1
/71 . ?a,�'PJ i :INCORPORATED: i
�
City Attorney 1111 ..e• 1920 92Q •' %
1 ••...... •• 1
,`‘•FCORIOP_-
ATTEST: JOURNEY COMMUNITY CHURCH INC
By: -5 -tf. -
Print Name: Jon Welter
Title:Operations Manager
(SEAL)
STATE OF FLORIDA
COUNTY OF Pc1411,vi 6u-di
The foregoing instrument was acknowledg d before me by mean` 1of[-1/physical presence or L]
online otarition this G day of AV, 2024, by 3a n UVIIA-er as
•t. Cc A�cr , , I for Journey Community Church Inc.
too Notary Pudic State of tondo% M I n', p JI )
ItORMroter H 1 111297 ( I !r c"x' '^ E ,r/id A&
p1► IZY SEA 1 (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 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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