R98-075RESOLUTION NO. R98-~'..~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A RELEASE AND INDEMNIFICATION
AGREEMENT WITH FLORIDA EAST COAST RAILWAY
COMPANY (FEC), AUTHORIZING THE CITY OF
BOYNTON BEACH TO ENTER.UPON FEC PROPERTY
FOR THE PURPOSE OF REMOVING UNWANTED
VEGETATION AND TRASH FROM THE PROPERTY AS
PART OF THE BEAUTIFUL PALM BEACHES CLEAN-
UP; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, April 18, 1998 has been designated as Beautiful Palm Beaches
clean-up day, where municipal and county employees and citizens throughout Palm
Beach County volunteer their time to make Palm Beach County a nicer place to live
and work; and
WHEREAS, one of the properties city staff has chosen as part of this clean -
up effort is located on FEC-owned property, legally described as TOWN OF
BOYNTON, LOTS 2 and 3 of BLOCK 5; and
WHEREAS, FEC requires that the' City execute a Release and
Indemnification Agreement prior to the commencement of any volunteer effort on
the property; and
WHEREAS, the City Commission has determined that it is in the best
interests of the citizens of Boynton Beach to execute a Release and Indemnification
Agreement authorizing the City to organize a clean-up effort of the subject property
on April 18, 1998.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission hereby authorizes and directs the Mayor
and City Clerk to execute a Release and Indemnification Agreement with Florida
East Coast Railway Company (FEC), authorizing volunteers to enter upon the
subject property for the purposes of clean-up efforts on April 18, 1998, as part of the
Beautiful Palm Beaches program, a copy of said document being attached hereto as
Exhibit "A".
Section 2~ That this .Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~' day of April, 1998.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice MaZyo l/
Commissioner
/ · Commissioner
RELEASE AND INDEMNIFICATION AGREEMENT
WHEREAS,THE CITY OF BOYNTON BEACH, hereinafter referred to as "Permittee",
is desirous of obtaining permission from FLORIDA EAST COAST RAILWAY COMPANY, a
Florida corporation, hereinafter referred to as "Railway", to enter upon Railway's property for the
purpose of removing vegetation, trash and curing grass and weeds during the daylight hours of April
18, 1998 (Lot 2 & 3, Block 5, Town of Boynton), as indicated on the attached sketch, and
WHEREAS, Permittee acknowledges and appreciates the risks of coming on the property
of Railway, including its awareness of the activity in the area resulting from the operation of Railway's
equipment, and
WHEREAS, Permittee agrees that its employees and agents and ail persons under its
direction and control shail at ail times exercise due care for their own personai safety and the safety
of other employees working on Railway's property,
NOW THEREFORE, in consideration of the granting of such permission revocable at the
pleasure of Railway, Permittee agrees:
1. To the extent permitted by law, to assume all risks involved and to be fully responsible for
the safety of its servants, agents, contractors and employees, hereby releasing and saving and
discharging Railway, its successors and assigns, from any and all claims and demands of whatever
nature, whether for personal injury or death of employees or loss of or damage to personal property,
and hereby assumes further full responsibility for any accident, death, dismemberment, temporary or
permanent disability resulting to any servants, agents or designated employees as a result of the
permission granted herein.
2. To the extent permitted by law, to indenmif3t and hold harmless Railway, its successors or
assigns, from any liability, costs and expenses, including attorney's fees, account of injury to or death
of any person or persons, whomsoever, including employees, agents or representatives of the parties
hereto, or third persons, or for any loss or damage to property arising from or in connection with the
use or occupancy of Railway's premises, or from ingress or egress from these premises, regardless
of any n~gligence on the part of Railway, its employees, agents or representatives.
3. Permittee, for itself and its employees, successors or assigns, agrees that in exercising this
authority, it hereby waives all claims for damages to or loss of its/their person and/or property which
may be caused by any act or failure to act by Railway, its officers, agents or employees.
4. Should Permittee engage any other party to perform this work, the responsibilities of
Permittee will be equally applicable should any property damage, injury or death occur to any person
or persons as a result of actions of that third party.
Page 1 File: 312-Gen
5. Permittee is hereby notified that Railway's property to be occupied herein does or may
contain one or more subgrade fiber optic cables and/or signal communication wires. Permittee will
call SUNSHINE at 1-800-432-4770, and Railway Signal/Communication Department at (904) 826-
2303 to determine location of cabies, PRIOR to any digging or subgrade work.
6. Upon completion of work involved, Permittee agrees to vacate, quit and deliver up the
property on or before any termination date of this agreement in as good condition as it is now.
7. Permittee further agrees that at all times that Permittee and/or its employees are on the
property of the Railway, they will conduct themselves in a businesslike manner, performing such work
ag they are competent to perform and will be accompanied by a representative of the Railway.
Permittee and/or its employees or representatives will give the Railway Superintendent in charge
advance notice and secure his permission to enter prior to entering upon Railway's property.
Page 2 File: 312-Gen
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
of t~'~. , 19~;~'.
day
Signed, sealed and delivered
in the presence of:
Witnesses
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoitlg Release and Indemnification Agreemem was acknowledged before me this
lO dayof ff.~~ ,19q~ ,by(names) ~9.s~c~-f'~q, lo~.
and ~znane./q. ~', personally known to me as Mayor and City Clerk, respectivbly, of City
of Boynton Beach, on behalf of the City, and who did not take an oath.
ol~at~ Public, State of Florida at Large
Notary Seal:
Page 3
File: 312-Gen
l