R03-088 RESOLUTION NO. R03- d) ~5'?f
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND FIRST
BAPTIST CHURCH OF BOYNTON BEACH FOR FIRE
RESCUE TRAINING; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City's Fire Department desires to use the buildings located at 390-
311 N. Seacrest Blvd., Boynton Beach, Florida for the purpose of fire rescue training
exercises; and
WHEREAS, 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 building, First Baptist Church of Boynton Beach, has
agreed to allow the City to use the aforesaid buildings for fire rescue training sessions;
NOW, THEREFORE, BE IT RESOLVED 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 execution of an Agreement between the City of Boynton Beach and the
First Baptist Church of Boynton Beach, allowing the use of the buildings at 309-311 N.
Seacrest Blvd., Boynton Beach, Florida, for fire rescue training purposes. A copy of that
Agreement is attached hereto and made a part hereof.
Section 3. That this Resolution shall become effective immediately upon passage.
S:\CALRESO~Agreements\BBFD\Fire Training - First Baptist Church Agr.doc
PASSED AND ADOPTED this ,~d') day of May, 2003.
Mayor
Commissioner
ATTEST:
S:\CALRESO\Agreements\BBFD'ff:ire Training - First Baptist Church Agr.doc
FIRE TRAINING AND CONTROLLED BURN AGREEMENT
THIS AGREEMENT is made on this ,ff day of ~¢~/ , 2003, by and between
the City of Boynton Beach, Florida, a municipal corporation, wi~ a business address of 100 E.
Boynton Beach Boulevard, Boynton Beach, Florida 33435, (hereinafter referred to as "City")
And
FIRSTBAPTISTCHURCHOFBOYNTON, withanaddressof ~ot IJ o.0.60 o~
(hereinafter referred to as "Owner"), together referred to as the "parties".
WITNESSETH:
WHEREAS, the City's Fire Rescue Department desires to conduct live fire bum training
exercises ("Controlled Bum Exercises") involving real property and structures for its probationary
and incumbent firefighters; and
WHEREAS, Owner of real property in the City desires to demolish structure(s) on the
property and has offered the City's Fire Rescue Department the opportunity to use the property for
live fire structure burn training; and
WHEREAS, the structure(s) on the real property owned by Owner and described in this
Agreement meet the criteria for Controlled Bum Exercises; and
NOW, THEREFORE, in consideration of the promises and mutual covenants herein set
forth, it is agreed as follows:
1. Whereas Clauses. The above written WHEREAS clauses are correct and true.
2. Owner in fee simple. The undersigned Owner(s) hereby warrants and represents to
the City by their signature(s) below that Owner(s) is the fee simple title holder of record and is
qualified to enter into agreements representing the property described below, with an address of 309
-311 N. Seacrest Avenue, Boynton Beach, Florida, hereinafter referred to as the "Property" and more
particularly described as:
Boynton Hills Lt. 130 (Less 15 ft. return curve
Area Rd R/W) & S 20 ft. of It 131 Blk, A
3. Actual Authority. Owner represents and acknowledges that all mortgage holders and
lienholders upon the Property consent to the City's use of the property in the manner described
herein, and acknowledges that the City is relying on the representations of Owner in entering into
this Agreement.
4. Ownership Indemnification. Owner further agrees to hold harmless and indemnify the
City or any of its officers, employees, agents, representatives or servants fi.om any and all damage,
actions, suits, claims or demands of whatever kind, made by or on behalf of any person or entity as a
1
result of Owner's representation regarding ownership and right of possession to the Property,
including but not limited to reasonable attorneys fees, all costs of litigation and investigation
expenses caused by said damage, actions, suits, claim or demand.
5. Consent of Owner. Owner hereby acknowledges and agrees that Owner is entering
into this Agreement with the understanding that the Property and structure(s) described in this
Agreement will be burned by fire and partially or fully demolished by the Controlled Burn Exercises.
Owner further understands, acknowledges and agrees that the value of the Property may or may not
decrease as a result of the Controlled Burn Exercise; Owner hereby understands, acknowledges and
agrees that no cause of action for loss or damages or diminution in value by Owner shall lie against
the City as a result of the execution of the Controlled Burn Exercise and that by signing this
Agreement, Owner has relinquished the right to bring a law suit or make any claim or demand on the
City for any loss or damage to Property resulting from the execution of the Controlled Burn
Exercises.
5.1 Nothing in this Agreement shall be interpreted or construed to be the City's
taking of private property without just compensation to Owner.
5.2 Owner hereby acknowledges and agrees that Owner shall receive no
compensation from the City.
6. Burning of Structures, Description, Remediation. Owner hereby grants the City the
right to enter upon the Property for the purposes of preparing for and conducting training sessions for
Fire Rescue Department personnel and specifically for the purpose of burning the structures located
on the Property.
6.1 Owner further acknowledges and agrees that the City shall have no obligation
whatsoever to clean up and/or remove any debris found on the Property, other than the City
deems necessary, for the purpose of conducting the Controlled Burn training sessions for the
Fire Rescue Department.
6.2 Owner agrees that any clean up on the Property after the completion of the
Controlled Bum training session is at the sole discretion of the City and Owner shall be
responsible for any costs associated with the clean up of the Property after the Controlled
Bum training session, to be paid upon demand.
7. Liability. Acknowledging the exceptions of set forth in paragraph 4, "Ownership
Indemnification" and paragraph 5, "Consent of Owner", the City and Owner agree that each party
shall be responsible for any and all damages incurred as a result of their respective negligence.
7.1 Indemnification and Subrogation. The parties further agree that in the event
liability or damages are imposed against a party who was not at fault, then the party at fault
shall indemnify the non-faulting party. Such indemnification shall include reimbursement for
any and all damages, actions, suits, claims or demands, arising from loss, injury or death to
any person or property, including but not limited to reasonable attorneys fees, cost of
litigation, investigation costs.
8. Term of Agreement. This Agreement shall be take effect after the passage of a Resolution
authorizing the Fire Rescue Department to perform or execute the Controlled Burn training exercise
on the Property. The Agreement is for a term of one (1) year from the date executed above. The
covenants concerning indemnification and liability shall remain in effect after the termination date.
9. Termination. The City reserves the right to reschedule, cancel or terminate this Agreement
prior to conducting the Controlled Bum for any reason whatsoever.
10. Notice of Commencement. The City shall notify Owner in writing, by certified mail, of the
date(s) it intends to perform the Controlled Bum training exercise on the Property. The City shall
notify Owner in writing, by certified mail, of the date of completion of the Controlled Burn training
exercise on the Property.
11. Assignment. This Agreement shall not be assigned, transferred or otherwise encumbered by
the Owner.
12. Compliance with Governing Law. Owner and City agree to faithfully observe and comply
with all applicable federal, state, and local laws, including but not limited to codes, ordinances, and
regulations.
13. Venue. The parties agree that this Agreement shall be governed under the law of the State of
Florida and venue for any dispute arising out of this Agreement shall be in Palm Beach County,
Florida.
14. Notice. Whenever notice is given by a party, it must be given by written notice, sent by
certified United States mail, return receipt requested, addressed to the following:
CITY: CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
ATTN: City Manager
COPY TO: James A. Cherof, City Attorney
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
OWNER: FIRST BAPTIST CHURCH OF BOYNTON
~>0 I N. Seacrest Avenue
Boynton Beach, F1 "~ ~ ~. 3 g"
Attention: '~--~ o I~dlZ-T -~,Ar ~<~ ~
15. Entire Agreement. This Agreement represents the entire and integrated agreement between
the City and the Owner and supersedes all prior negotiations, representations, or agreements written
or oral. This Agreement may be amended only by mutual agreement of the parties, upon written
instrument of the same integrity, signed by both the parties.
16. Binding Authority. Each person signing this Agreement on behalf of either party individually
warrants that he or she has full legal power to execute this Agreement on behalf of the party for
whom he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
17. Severabilit¥. If any provision of this Agreement or application thereof to any person or
situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and
the application of such provisions to persons or situations other than those as to which it shall have
been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and
effect, and be enforced to the fullest extent permitted by law.
18. No Contingent Fees. Owner warrants that it has not employed or retained any company or
person to secure this Agreement, and that it has not been paid any fee, or agreed to pay any person,
company, corporation, individual or firm, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or violation
of this provision, the City shall have the right to terminate the Agreement without liability at its
discretion, and to otherwise recover the full amount of damages, if any, assessed against the City,
arising from the violation of this provision.
19. Insurance Certification. Owner agrees to read and sign the Insurance Certification below.
INSURANCE CERTIFICATION
Owner certifies that any and all insurance on the aforesaid building has been cancelled or
there is a non-existence of such insurance on the said structure, and that the existence of any
insurance on the structure, of any kind, would constitute perjury and establish prima facia
evidence of intent to defraud which offenses are punishable by a court of competent
jurisdiction.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this ~.~ O day of
}"~_~t c~ ,2003.
CITY OF BOYNTON BEACH
FORM:
Office of th~,Otty Attorney
OWNER:
WITNESSES~f._~..
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STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared [Owner] "'~ck. ~, (~!~,c-t , and acknowledged he/she
executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument
is his/her act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this ~'{~day of ~2003..'"l .f.~
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