R06-180
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2 RESOLUTION NO. R06- leD
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4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING AND DIRECTING EXECUTION OF AN
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND THE BOYNTON BEACH COMMUNITY
9 REDEVELOPMENT AGENCY, FOR FIRE RESCUE
10 TRAINING; AND PROVIDING FOR AN EFFECTIVE
11 DATE.
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13 WHEREAS, the City's Fire Department desires to use the buildings located at 603
14 and 607 North Seacrest, Boynton Beach, Florida for the purpose of fire rescue training
15 exercises; and
16 WHEREAS, this will allow Fire Rescue personnel to get realistic training, which is
17 an invaluable tool to the department and the citizens and residents of the City;
18 WHEREAS, the owner of the building, The Boynton Beach Community
19 Redevelopment Agency, has agreed to allow the City to use the aforesaid building for fire
20 rescue training sessions.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section I.
Each Whereas clause set forth above IS true and correct and
24 incorporated herein by this reference.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
26 hereby authorizes the execution of an Agreement between the City of Boynton Beach and the
27 Boynton Beach Community Redevelopment Agency, allowing the use of the buildings at 603
28 and 607 North Seacrest Boulevard, Boynton Beach, Florida, for fire rescue training purposes.
29 A copy of that Agreement is attached hereto and made a part hereof as Exhibit "A".
Ca/reso/agreementslbbfd/Hidden Brook - Fire Rescue Training
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Section 3.
That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this /7 day of October, 2006.
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21 ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
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1ssioner Mack McCray
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Commissioner - Muir C. Ferguson
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Calreso/agreementslbbfd/Hidden Brook - Fire Rescue Training
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FIRE TRAINING AND CONTROLLED BlJRN AGREEMENT
THIS AGREEMENT is made on this 5th day of October, 2006, by and between thc
City of Boynton Bcach, Florida, a municipal corporation, with a busincss addrcss of 100 E.
Boynton Beach Boulevard, Boynton Beach, Florida 33435, (hereinafter rcfcrred to as "City")
And
Boynton Beach Community Redevelopment Agcncy, a Florida public agency created
pursuant to Chapter 163, Part 1Il, of the Florida Statutes, with an addrcss of 915 South Federal
Highway, Boynton Beach, Florida 33435 (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 structurcs for its
probationary and incumbent firefighters; and
WHEREAS, the Owner intends to demolish structure(s) on property locatcd at 603 and
607 North Seacrest Boulevard, Boynton Beach (the "Property"), and has offered the City's Firc
Rescue Department the opportunity to use thc Property for livc fire structure burn training; and
WHEREAS, the structure(s) on the Property is/are owned by Owner, is/are described in
this Agreement, and mect the critcria for Controlled Burn Exercises; and
NOW, THEREFORE, in consideration ofthc promises and mutual covenants herein set
forth, it is agreed as follows:
1. Recitals. The foregoing recitals are truc and correct at the time of the cxecution of
this Agrecment and are incorporated herein.
2. Owncr in fee simple. The undersigned Owner(s) hercby 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 agrecments representing the property described below, with an address
of 603 and 607 North Seacrest Boulevard, Boynton Beach, Florida, hereinafter referred to as the
"Property" and morc particularly dcscribed in Exhibit "A" which is attached hereto, and
incorporated herein by reference.
3. Actual Authoritv. Owner represents and acknowledges that all mortgage holders
and licn holdcrs 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 represcntations of Owner in
cntering into this Agreement.
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4. Ownership Indemnification. Owner further agrces to hold harmless and indemnify
the City or any of its officers, employees, agents, representatiVes or scrvants 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 ofOwncr's rcprescntation regarding ownership and right of possession to thc
Property, including but not limited to reasonable attomeys' fces, all costs of litigation and
investigation expenses caused by said damage, actions, suits, claim or dcmand.
5. Consent of Owner. Owner hercby acknowlcdges and a&'Tces that Owner is
entering into this Agreement with the understanding that the Propcrty and structure(s) described
in this Agreement will bc burned by fire and partially or fully demolishcd by the Controlled Bum
Exercises. Owner further understands, acknowlcdges and agrees that the value of thc Property
mayor may not decrease as a result of the Controlled Burn Exercise; Owner hereby undcrstands,
acknowledges and agrecs that no cause of action for loss or damages or diminution in valuc by
Owner shall lie against the City as a result of the exccution of the Controlled Bum Exercise and
that by signing this Agreement, Owner has relinquishcd 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 Excreises.
5.1 Nothing in this Agrcement shall be interpretcd 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 reeeive
no compensation from the City.
6. Buming 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 pcrsonnel and specifically for the purpose of burning the
structures located on the Property.
6.1 Owner further acknowledges and agrecs that the City shall have no
obligation whatsoever to clean up and/or remove any debris found on thc
Property, other than as the City dcems necessary, for the purpose of
conducting the Controllcd Bum training sessions for the Fire Rescue
Department.
6.2 Owncr agrees that any clean up on the Property after the
completion of the Controllcd Burn training scssion is at the sole discretion
of thc City and Owner shall be responsiblc for any costs associated with
the clean up of the Property after the Controlled Burn training session.
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/\PROI'FRTY {lWNU1 HY CRA\Fire Training ilnd Controlled Burn l\gI"CCllll'l1t. Scacresl proPC11ics,doc
7. Liabilitv. Acknowledging the exceptions of set forth in paragraph 4, "Ownership
Indemnification" and para&'Taph 5, "Consent of Owner", the City and Owncr agree that each party
shall be responsible for any and all damages incurred as a result of their respective negligence.
However, neither City nor CRA waive their rights of sovereign immunity as set forth in Section
768.28, Florida Statutes.
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 take effect upon approval and execution of
this Agreement authorizing the Fire Reseue Department to perform or execute the Controlled
Burn Exercise on the Property. The Agreement is for a term of one (I) year from the date
executed above. The covenants concerning indemnification and liability shall remain in effect
after the termination date.
9. Demolition. Notwithstanding any other provision herein, the structures located at 603
and 607 Seacrest Boulevard are currently scheduled to be demolished by the Owner for the
purposes of re-development. Therefore. if the Controlled Burn Exercise as contemplated within
this Agreement does not take place on or before October 30, 2006, the Owner will proceed with
demolishing the structures as previously scheduled prior to cntering into this Agreement with the
City.
10. Termination. The City reserves the right to resehedule, cancel or terminate this
Agreement prior to conducting the Controlled Burn Exercise for any reason whatsoever. If the
Controlled Burn Exercise is rescheduled, cancelled or terminated, City shall so noti(y Owner in
writing, by certified mail, hand delivery or facsimile transmission within a reasonable time frame
prior to October 30, 2006, and the Controlled Bum Exercise must take place on or before
October 30, 2006.
II. 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. City agrees to conduct the Controlled Bum Exercise on or before
October 30, 2006. The City shall notify Owner in writing, by certified mail, of thc date of
completion of the Controlled Bum Exercise on the Property.
12. Assignment. This Agrecment shall not be assigned, transferred or otherwise encumbered
by the Owner.
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I \I'ROPFRTY OWNED HY CRA',.,FirL' Trall1l1lg and Controlled Burn Agreement Scacn.:st pn1pt'rlicsdoc
13. Compliance with Governing Law. Owner and City agree to faithfully observe and comply
with all applieable federal, state, and local laws, including but not limited to codes, ordinances,
and regulations.
14. 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.
15. 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
A TTN: City Managcr
Fax (561) 742-601 ]
COPY TO: James A. Cherof, City Attorney
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
Fax: (561) 742-6054
OWNER: Boynton Beach Community Redevelopment Agency
c/o Lisa Bright, Executive Director
915 South Federal Highway
Boynton Beach, FL 33435
Fax: (561) 737-3258
COPY TO: Kenneth G. Spillias, CRA Attorney
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard, Suite 1000
West Palm Beach, Florida 33401
Fax: (561) 640-8202
16. 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.
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17. Binding Authority. Each person sIgning this Agreement on behalf of either party
individually warrants that he or she has full legal power to cxecute 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 contain cd in this Agrecment.
18. Severability. If any provision of this Agreement or application thercof to any person or
situation shall to any extent, be held invalid or unenforceable, thc remainder of this Agreement,
and the application of sueh provisions to persons or situations other than those as to which it
shall have been held invalid or uncnforceable shall not be affectcd thereby, and shall continue in
full forcc and effect, and be enforced to the fullest extent permittcd by law.
19. No Contingent Fces. Owner warrants that it has not employed or rctained any eompany 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 thc 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.
20. Insurance Certification. Owner agrees to read and sign the Insurance Certification below.
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INSIJRANCE CERTIFICATION
Owner certifies that any and all insurance on the aforesaid building has been cancelled or
there is a non-existencc of such insurance on thc 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.
Owner's Initials
IN WITNESS OF THE FOREGOING, the parties have set thcir hands and seals this
~ day of Ocr. , 2006.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
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isa A. Bright
Executive Director
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By....
Henderson Tillman, Chairperson
APPROVED AS TO FORM:
By
eRA Attorney
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