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R24-138 RESOLUTION NO. R24-138 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING A RIGHT OF ENTRY AND RELEASE FOR 5 TRAINING ON PROPERTY AGREEMENT FOR THE POLICE DEPARTMENT 6 SWAT TRAINING AT 3800 S. CONGRESS AVENUE; PROVIDING AN 7 EFFECTIVE DATE;AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, the Boynton Beach Police Department SWAT team is comprised of 10 department members and has one of the most intense training programs within the Police 11 Department, dedicated to successfully resolving critical incidents exceeding the capabilities of 12 law enforcement first responders; and 13 WHEREAS, SWAT Team members are trained in the use of advanced tactics and 14 specialized weapons/equipment to allow them to effectively handle difficult and dynamic 15 situations to include hostage rescue, armed barricaded subjects, and high-risk search 16 warrants; and 17 WHEREAS, the Boynton Beach Police Department SWAT team desires to utilize the 18 building at 3800 S. Congress Avenue, Boynton Beach, Florida, for advanced training purposes;and 19 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 20 the best interests of the citizens and residents of the City to approve a Right of Entry and Release 21 for Training on Property Agreement for the Police Department SWAT Training At 3800 S.Congress 22 Avenue. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 24 BEACH, FLORIDA, THAT: 25 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption. 27 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 28 approve a Right of Entry and Release Agreement, between WSL SOUTH CONGRESS OWNER LLC 29 and the City for the Police Department SWAT Training at 3800 S. Congress Avenue (the 30 "Agreement"), in form and substance similar to that attached as "Exhibit A." 31 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 32 authorizes the City Manager to execute the Agreement and such other related documents as may 33 be necessary to accomplish the purpose of this Resolution. 34 SECTION 4. One fully-executed original of the Agreement shall be retained by the City 35 Clerk as a public record of the City. A copy of the fully-executed Agreement shall be provided to 36 the City Attorney to forward to WSL SOUTH CONGRESS OWNER LLC. 37 SECTION 5. This Resolution shall take effect in accordance with law. 38 PASSED AND ADOPTED this 18th day of June 2024. 39 CITY OF BOYNTON BEACH, FLORIDA 40 YES NO 41 Mayor—Ty Penserga -NCItteri 42 43 Vice Mayor—Aimee Kelley ✓ 44 45 Commissioner—Angela Cruz 46 47 Commissioner—Woodrow L. Hay 48 49 Commissioner—Thomas Turkin 50 51 VOTE ' -o 52 ATTST: 53 54 (1, , %.(ph ' . L A 55 Maylee D: - MPA, C 4ift Ty Penserg. / 56 City Mayor Ma or 57 58 APPROVED AS TO FORM: 59 (Corporate Seal) --WON a`9‘�' 60 �t� .ode .�'y). • J. 61 62 c • pCED: v; ?OR # Shawna G. Lamb 63 • :\NC�a 9 20 i • City Attorney 1A • • FLORA_ DocuSign Envelope ID:6C75E62C-A34E-42E4-A3F1-2B4A1997C5F6 RIGHT OF ENTRY AND RELEASE AGREEMENT FOR TRAINING ON PRIVATE PROPERTY INFORMATION Property Owner:WSL SOUTH CONGRESS OWNER LLC("Owner") Property Address and PCN:3800 South Congress Avenue, Boynton Beach, FL 33426, PCN No. 08-43-46- 05-00-000-7010("Property") NOTICE This is a Right of Entry and Release Agreement (hereinafter referred to as "Agreement"). This Agreement is intended to be a legally binding document,and when signed has legal consequences for the signer. Please read this document carefully before signing. RIGHT OF ENTRY AND RELEASE The Owner is the owner of the Property.Owner requests the City of Boynton Beach("City"),its employees, contractors, or agents to enter the Property to conduct training exercises (the "Training"). By executing this Agreement, the Owner authorizes the City to conduct Training. For other good and valuable consideration to the Owner,the Owner agrees as follows: 1. Grant of Access: The Owner hereby grants the City temporary access and authorization to enter the Property on or before July 15, 2024,to conduct the Training. If the City is unable to perform and/or complete the Training on the date and times specified herein, the City will obtain written authorization from the Owner agreeing to an alternative date and/or time. Any such written authorization shall automatically become an amendment to this Agreement. 2. Release and Indemnification. a. By Owner. Owner acknowledges the structures on the Property are under condemnation or unfit for human habitation,are beyond rehabilitation,and that the City's Training may result in further damage to the structures on the Property. Owner will not hold the City liable for damages to the structures as a result of the Training.Owner further represents and warrants that there are no liens against the Property, and there is no insurance of any type that will apply to the structures on the Property. Owner assumes all responsibility for the disconnection of all utility services, including but not limited to electric, water, telephone, television cables and antennas, for removal of fuel oil, other hazardous substances and conditions, and removal of any fixtures, items, or equipment the Owner wishes to preserve prior to the City's Training pursuant to this Release. The post-Training condition of the structure and Property and subsequent demolition will be the sole responsibility of the Owner. Owner for and in consideration of the sum of Ten Dollars ($10.00), or other valuable consideration, received from or on behalf of the City, the receipt of which is hereby acknowledged, knowingly, willingly, and voluntarily executes this Release with the express intent of effecting the extinguishment of obligations, as designated herein. The Owner, with the intent of binding itself; its heirs, executors, administrators, legal representatives, assigns of individuals; past and present agents, officers, stockholders, directors and employees; and Site Access and Release (6/18/24) 1 of 3 DocuSign Envelope ID:6C75E62C-A34E-42E4-A3F1-2B4A1997C5F6 the successors and assigns of corporations, hereby waives, discharges, releases, and covenants not to sue, the City, and/or its past, present, and future officers, agents, employees, its heirs, executors, administrators, legal representatives, assigns of individuals, and any and all other persons, firms or corporations liable or who might be claimed to be liable (collectively "Releasees"), from any and all claims, demands, damages, promises, judgments, liens, assessments, executions, losses, attorneys' fees, court costs, expenses, causes of action, or suits whatsoever, in law or in equity, and particularly on account of all injuries, known and unknown, fixed or contingent, matured or unmatured, from the beginning of the world to the day of these presents, both to person and to property, which have resulted or may in the future result from the Training conducted on the Property. Owner further agrees to indemnify,defend,save, and hold harmless Releasees from and against any and all claims, damages, losses, and expenses, including but not limited to attorneys' fees, court costs, and expenses (collectively"Claims"), asserted against Releasees by a third party that arises out of or result from the City's use of the Property or Owner's clean-up, repair,or demolition of the Property subsequent to the Training. Owner expressly indemnifies City of Boynton Beach for any and all Claims relating to the City's use of the Property for the Training. The obligations of this section shall survive the expiration or termination of this Release. b. By City. To the extent permitted by Florida law, and subject to the limitations of sovereign immunity,City hereby releases,waives,discharges,and covenants not to sue the Owner from any and all causes of action, liability,claims, liabilities,expenditures,or damages that may be sustained by the City arising out of or relating to the Training, including, without limitation, claims for personal or bodily injury, property damage,or economic and non-economic losses. Further,the City hereby agrees to defend and indemnify Owner for any and all claims,injuries, or damages of any kind or nature (including, without limitation, attorneys'fees, court costs, and expenses)asserted against Owner by a third party that arise from or relate to the Training. City will have no obligation to indemnify Owner to the extent the liability is solely caused by Owner's gross negligence or willful misconduct. Notwithstanding anything in this section,City is a municipal corporation of the State of Florida and has sovereign immunity from certain claims under Florida law, including section 768.28, Florida Statutes. If City is required to indemnify Owner under this Agreement,the limitations on tort liability under Section 768.28, Florida Statutes,shall be the applicable limitations for City's indemnification obligations under this Agreement, regardless of the nature or basis of the claim asserted. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by City nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. The obligations of this section shall survive the expiration or earlier termination of this Agreement. 3. The City will maintain general liability insurance with not less than$5,000,000 per occurrence and $5,000,000 general aggregate; workers compensation with statutory limits including employers liability with limits of$1,000,000 each accident,each disease and in the aggregate and auto liability coverage with limits not less than $1,000,000. All such coverage shall name the Owner as an additional insured and be primary and non-contributory to any coverage carried by Owner. 27. 4. The Owner acknowledges and agrees that the representations and agreements contained herein are binding upon the Owner, are not merely recitals, and have been relied upon by the City prior to authorizing the performance of Training. Site Access and Release (6/18/24) 2 of 3 DocuSign Envelope ID:6C75E62C-A34E-42E4-A3F1-2B4A1997C5F6 5. The undersigned Owner affirms that they are at least 18 years old, own the Property, have authority to execute this Release, and have read, understand, and agree to the terms contained herein, and hereby knowingly,freely,and voluntarily sign this Agreement. IN WITNESS WHEREOF,this Agreement has been fully executed on behalf of the parties hereto by its duly authorized representatives, as of the date last set forth below. CITY OF BOYNTON BEACH OWNER .1 Pryse R. Elam By: _ Print Name: 11 Dani._iu::er ��� p �,1_.. Signature: f SC le• ftm, Ato..4 June 28, 2024 Attes : Date: City Cler Date: 4 U ili, Telephone Number: 2024. Email: CITY A a RNEY'S OFFICE Approved as to form and legality ---10,0Y NTp� �% By: W44 4d X/31.6 ;>, )0.gpowl.. 0, 11� SEAL •_''s s . INCORPORATED: 0 ''#, 1920 . i, '‘. ELDRIDN r' Site Access and Release (6/18/24) 3 of 3 i1, __ ,.._. _______ , , . v_ _)_____ _, Memo To: Daniel Dugger, City Manager From: Shawna G. Lamb, City Attorney Date: July , 2024 Dept. Police Matter# 24-0523 Re: WSL South Congress Owner LLC; Right of Entry and Release Agreement for Training on Private Property Transmitted herewith are original documents which have been reviewed and approved for legal sufficiency. Kindly forward the documents, along with this memo, to the City Clerk's Office. The City Manager is authorized to execute these documents in accordance with: Commission Approval. Resolution No. R24-138 To: Office of the City Clerk Please take the actions indicated below with respect to these documents: 0 Attest to the execution of the Agreement by the City Manager. 0 Insert the date of execution beneath the City Manager's signature (if not already dated). Please retain one original as a public record and email a copy of the fully-executed document to: Marco Villari, Police Detective To: Marco Villari, Police Detective Please forward the fully-executed document to the other party. Thank you.