R04-0471
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RESOLUTION NO. R04- 13 t4 "/
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
HIDDEN BROOK COMPANY, FOR FIRE RESCUE
TRAINING; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City's Fire Department desires to use the building located at 601
South Federal Highway, 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, Hidden Brook Company, has agreed to allow
the City to use the aforesaid building 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
Hidden Brook Company, allowing the use of the building at 601 South Federal Highway,
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.
Ca~/reso/agreementsPobfdPrtidden Brook - Fire Rescue Training
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PASSED AND ADOPTED this
ATTEST:
~C~y Clerk-
(Corporate Seal)
Ca~/reso/agrcements/bbfd/Hidden Brook - Fire Rescue Training
7 day of April, 2004.
CITY OF BOYNTON BEACH, FLORIDA
FIRE TRAINING AND CONTROLLED BURN AGREEMENT
THIS AGREEMENT is made on this -7 dayof .~3Cpl~i L... 2004, by and between
the City of Boynton Beach, Florida, a municipal corporation, with a business address of 100 E.
Boynton Beach Boulevard, Boynton Beach, Florida 33435, (hereinafter referred to as "City")
And
Hidden Brook Corporation, with an address of 65 Spanish River Drive, Florida (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 Burn 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 to be held during May 15, 2004 thru June 30, 2004; and
WHEREAS, the structure(s) on the real property is/are owned by Owner, is/are described in
this Agreement, and meet the criteria for Controlled Burn 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, and are
made a part of this Agreement.
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 601
S. Federal Highway, Boynton Beach, Florida, hereinafter referred to as the "Property" and more
particularly described as:
PENCES SUB NO 1, LTS 1 &4 (LESS ELY 13 FT
US HIGHWAY NO. 1 R/W) BLK 3, according to
The Plat thereof as recorded in ORB 11816 PAGE
1895, of the Public Records of Palm Beach County,
Florida
3. Actual Authori _ty. Owner represents and acknowledges that all mortgage holders and
lien holders 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.
ca/agmts/BBFD/Bum 601 S. Federal highway 1
4. Ownership Indemnification. Owner further agrees to hold harmless and indemnify the
City or any of its officers, employees, agents, representatives or servants from any and all damage,
actions, suits, claims or demands of whatever kind, made by or on behalf of any person or entity as a
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 Bum 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 lawsuit or make any claim or demand on the
City for any loss or damage to Property resulting from the execution of the Controlled Bum
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 as the
City deems necessary, for the purpose of conducting the Controlled Bum 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.
ca/agrnts/BBFD/Bum 601 S. Federal highway 2
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 fi.om 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 A~eement. This Agreement shall be take effect upon approval and execution of this
Agreement authorizing the Fire Rescue Department to perform or execute the Controlled Bum
Exercise on the Property. The Agreement is for a term of one (1) year fi.om 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 Exercise for any reason whatsoever.
10. Notice of Commencement. The City shall notify Owner in writing, by certified mail, hand
delivery or facsimile transmission of the date(s) it intends to perform the Controlled Burn Exercise
on the Property. The City shall notify Owner in writing, by certified mail, of the date of completion
of the Controlled Bum 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, by hand delivery or by facsimile
transmission addressed to the following:
CITY:
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
ATTN: City Manager
Fax (561) 742-6011
ca/agrnts/BBFD/Bum 601 S. Federal highway 3
COPY TO:
OWNER:
James A. Cherof, City Attorney
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
Fax: (561) 742-6054
Christiane Francois, President of Hidden Brook Corporation
65 Spanish River Drive
Boynton Beach, Florida 33435
Fax: (561)
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, girl, 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.
ca/agmts/BBFD/Bum 601 S. Federal highway 4
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this
~/~o4c k.-- ,2004.
_. day of
Attest:
CITY OF BOYNTON BEACH
Kurt Br~s~ia~rlaCity ManagEr
APP TO FORM:
Ot
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Signature
Print Name
Si)g~aature
Print name Y/~I(~[/~P"~') "~~[~
BY
OWNER:
Print Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared [Owner]C'hria"bie~~, 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.
ca/agmts/BBFD/Bum 601 S. Federal highway 5
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this~,~_~ay of ]ldCt v'O---/1 2004.
ca/agmts/BBFD/Bum 60 t S. Federal highway 6