R02-175 RESOLUTION NO. R02- I~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND BETHESDA MEMORIAL
HOSPITAL FOR FIRE RESCUE TRAINING; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEI~A$, the City's Fire Department desires to use the buildings located at 2800
and 2824 S. Seacrest Boulevard, Boynton Beach, Florida; and 2620, 2704, 2706, 2710 S.W.
4th Street, Boynton Beach, Florida for the purpose of fire rescue training exercises; and
WttEI~A$, this will allow Fire Rescue personnel to get realistic training, which is
an invaluable tool to the department and the citizens and residents of the City;
WHEREAS, the owner of the buildings, Bethesda Memorial Hospital, has agreed to
allow the City to use the aforesaid buildings for fire rescue training sessions;
NOW, THEI~FO~, BE IT I~$OLYED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby authorizes the Mayor and City Clerk to execute an Agreement between the City of
Boynton Beach and Bethesda Memorial Hospital, allowing the use of the buildings at 2800
and 2824 S. Seacrest Blvd., and 2620, 2704, 2706, 2710 S.W. 4th Street, Boynton Beach,
Florida, for fire rescue training purposes. A copy of that Agreement is attached hereto and
made a part hereof.
~:\CA\RESOXAgreementskBBFD~Fire Training - BMH.doc
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this i ~' day of October, 2002.
ATTEST:
~~Co,mmC°mmissi°ner~
lSSloner L/
g:\CA~RESO~Agreements~BBFD\Fire Training- BMH.doc
THIS
("City") and
AGREEMENT AND GENERAL RELEASE
AGREEMENT AND GENERAL RELEASE, is made this t! day of
, 200~by and between the CITY OF BOYNTON BEACH, FLORIDA
("Owner").
WITNESSETH:
WHEREAS, Owner warrants that he/she owns certain property located within the limits
of the City and located at the following addresses:
2800 and 2824 South Seacrest Boulevard, Boynton Beach, Florida
and
2620, 2704, 2706, 2710 S.W. 4th Street, Boynton Beach, Florida; and
WHEREAS, The Fire Department of the City desires to use the buildings located on said
property for the purposes of training; and
WHEREAS, Owner permits the City to use the building for appropriate training
exercises which may include the use of smoke.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
The recitations set forth above are incorporated herein.
Owner agrees to allow the City to enter onto the rred to hereinA.for ~Zj
fire rescue training exercises after execution of the Agreement.
3. It is understood and agreed that as part of the training exercises, the participants
may conduct invasive training that may result in structural damage to the building.
S:\CALAGMTS'd3BFD~Bethesda fire release for training no burn 100102.doc
4. Owner acknowledges that the City shall assume no responsibility for said land or
structures. Owner is still responsible for costs associated with demolition of structure and
removal of debri.
5. Prior to conducting training exercises, City, or its designated representative, shall
review with Owner, the areas of the property which will be used in the training exercises.
6. The City shall be responsible for any injuries to its employees occurring during
activities in the course and scope of their employment while performing training activities on the
property referred to herein and for any damage to any property owned by the City. The City
shall also be responsible for its own negligence, and shall defend and indemnify the Owner from
all claims, suits, causes of action or any claim whatsoever made arising from the City's
negligence, to the extent permitted by law.
sovereign immunity by the City.
7.
parties hereto
Nothing in this paragraph is considered a waiver of
No prior or present agreements or representations shall be binding upon any of the
unless incorporated in this Agreement. No modification or change in the
Agreement shall be valid or binding upon the parties unless in writing, executed by the parties to
be bound thereby.
8. This Agreement is governed by the laws of the State of Florida and venue is in
Palm Beach County.
IN WITNESS WHEREOF, the City has caused these presents to be executed in its
name by its City Manager, and attested and its official seal to be hereunto affixed by its City
Clerk, and Owner has hereunto set its hand and seal the day and year first above written.
2
Approved as to Form and
Legal Sufficiency:
City Attorney
WITNE~ SSES: ,
Print 'Name
.
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A , ~ The foregoing inst~ent was ac~owledged before me this // day of
~,20~,by ~~~ ~]/~ 2 na
ac~owledging). ' ..... - --~~ ( meofperson
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~5~ ~--~,~"Y,~t ~t,, -~e, or 5t~p Co~issioned N~
""' : - ~ ~: ot~y Public
Personally ~own ~ OR Produced Identification
T~e of Identification Produced: