R25-024 1 RESOLUTION NO. R25-024
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, RATIFYING A RIGHT OF ENTRY AND RELEASE
5 AGREEMENT FOR TRAINING ON PRIVATE PROPERTY WITH FED27,
6 LLC; AND FOR ALL OTHER PURPOSES.
7
8 WHEREAS, FED27, LLC ("Owner") is the owner of 2617 S Federal Hwy, Boynton Beach,
9 34837, PCN: 08-43-45-33-00-000-5080 ("Property"). The Owner is permitting the City of
10 Boynton Beach ("City"), its employees, contractors, or agents to enter the Property to conduct
11 training exercises (the "Training"); and
12 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
13 best interests of the City's citizens and residents to ratify a Right of Entry and Release Agreement
14 for Training on Private Property with FED27, LLC.
15
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
17 BEACH, FLORIDA, THAT:
18 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
19 being true and correct and are hereby made a specific part of this Resolution upon adoption.
20 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
21 ratify a Right of Entry and Release Agreement for Training on Private Property between FED27,
22 LLC and the City (the "Agreement"), in form and substance similar to that attached as Exhibit A.
23 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby ratifies
24 the City Manager's execution of the Agreement. The City Manager is further authorized to execute
25 any ancillary documents required under the Agreement or necessary to accomplish the purposes
26 of the Agreement and this Resolution.
27 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record
28 of the City.
29 SECTION 5. This Resolution shall take effect in accordance with law.
30
31 [SIGNATURES ON THE FOLLOWING PAGE]
32 PASSED AND ADOPTED this -9I Sh- day of janktar-13 2025.
33 CITY OF BOYNTON BEACH, FLORIDA
34 YES NO
35 Mayor—Ty Penserga ✓
36
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37
37 Vice Mayor—Aimee Kelley
38 1/---
39
39 Commissioner—Angela Cruz
40
41 Commissioner—Woodrow L. Hay
42
43 Commissioner—Thomas Turkin
44
45 VOTE c5-0
46 ATT
47 _
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49 Maylee ue . - us, MPA, M i . •e►rrga
50 City Cle Ma .r
51 • y of BO yivT�1
52 ; &...• CORpo,Q••O21', APPROVED AS TO FORM:
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53 (Corporate Seal) ; i �: ��
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56 1',gip•••••••••••• Shawna G. Lamb
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57 `‘. �` City Attorney
RIGHT OF ENTRY AND RELEASE AGREEMENT FOR TRAINING ON PRIVATE PROPERTY
INFORMATION
Property Owner: FED27, LLC("Owner")
Owner Address and PCN: 613 NW 3rd Avenue, Fort Lauderdale, FL 33311-7449, Property ID No.
4942 34 07 6810("Property")
Property Address and PCN: 2617 S Federal Hwy, Boynton Beach, 34837, PCN: 08-43-45-33-00-000-5080
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, it 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 is permitting 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 February 28, 2025, 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,in Owner's sole and absolute discretion,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 that 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. The post-Training condition of the
structure and Property and subsequent demolition will be the sole responsibility of the
Owner. Building facade to be kept in suitable condition per City code, in order to eliminate
any risk of violations (i.e., not limited to code, building, enforcement, etc.); provided,
however, if Training results in any violations of City code, City shall pay to cure any such
violations.
b. By City. 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,
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and expenses) asserted against Owner by a third party, or any employees, officers,
contractors, agents or affiliates of the City, that arises from or related to the Training.
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; provided, however, that City expressly waives sovereign immunity with
respect to the indemnification obligation in this Section 2(b). Except as set forth herein,
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 undersigned Owner affirms that they 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
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Telephone Number: 5
Date: 1/14, 2025. Email: 'C ,1t M » o.0 .o th2 }.Car��
CITY ATTORNEY'S OFFICE %
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