R07-023
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RESOLUTION NO. R07- oa:3
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING EXECUTION OF A
FIRE TRAINING AND CONTROLLED BURN
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND 4TH STREET LLC., FOR FIRE RESCUE
TRAINING; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City's Fire Department desires to use the building located at 416
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Southeast 4th Avenue, Boynton Beach, Florida for the purpose of fire rescue training
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exercises; and
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WHEREAS, this will allow Fire Rescue personnel to get realistic training, which is
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an invaluable tool to the department and the citizens and residents of the City;
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WHEREAS, the owner of the building, 4th Street LLC., has agreed to allow the City
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to use the aforesaid building for fire rescue training sessions.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
Each Whereas clause set forth above IS true and correct and
23 incorporated herein by this reference.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
25 hereby authorizes the execution of an Agreement between the City of Boynton Beach and 4th
26 Street LLC., allowing the use of the building at 416 Southeast 4th Avenue, Boynton Beach,
27 Florida, for fire rescue training purposes. A copy of that Agreement is attached hereto and
28 made a part hereof as Exhibit "A".
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Section 3.
That this Resolution shall become effective immediately upon passage.
CaJreso/agreements/bbfd/Hidden Brook - Fire Rescue Training
II
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PASSED AND ADOPTED this ~ day of February, 2007.
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ATTEST:
CaJreso/agreementslbbfdlHidden Brook - Fire Rescue Training
CITY OF BOYNTON BEACH, FLORIDA
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FIRE TRAINING AND CONTROLLED BURN AGREEMENT
THIS AGREEMENT is made on this ~O day of f:eb(UQJ'~ 2007, 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
4th Street LLC, a Limited Liability Company, with an address of 626 S.E. 4th Street,
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 Bum Exercises") involving real property and structures for its
probationary and incumbent firefighters; and
WHEREAS, the Owner intends to demolish structure(s) on property located at 416 S.E.
4th Avenue, Boynton Beach (the "Property"), and has offered the City's Fire Rescue Department
the opportunity to use the Property for live fire structure bum training; and
WHEREAS, the structure on the Property is owned by Owner, is described in this
Agreement, and meets the criteria for training and Controlled Bum Exercises; and
NOW, THEREFORE, in consideration of the promises and mutual covenants herein set
forth, it is agreed as follows:
1. Recitals. The foregoing recitals are true and correct at the time of the execution of
this Agreement and are incorporated herein.
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 416 S.E. 4th Avenue, Boynton Beach, Florida, hereinafter referred to as the "Property" and
more particularly described in Exhibit" A" which is attached hereto, and incorporated herein by
reference.
3. Actual Authority. 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.
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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
mayor may not decrease as a result of the Controlled Bum 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 Bum 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.
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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 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 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 416
S.E. 4th Avenue are currently scheduled to be demolished by the Owner for the purposes of re-
development. Therefore, if the Controlled Bum Exercise as contemplated within this Agreement
does not take place on or before April 1, 2007, the Owner will proceed with demolishing the
structures as previously scheduled prior to entering into this Agreement with the City.
10. Termination. The City reserves the right to reschedule, cancel or terminate this
Agreement prior to conducting the Controlled Bum Exercise for any reason whatsoever. If the
Controlled Bum Exercise is rescheduled, cancelled or terminated, City shall so notify Owner in
writing, by certified mail, hand delivery or facsimile transmission within a reasonable time frame
prior to April 1, 2007, and the Controlled Bum Exercise must take place on or before April 1,
2007.
11. 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 Bum
Exercise on the Property. City agrees to conduct training on or about February 15,2007 and the
Controlled Bum Exercise on or before March 22, 2007. The City shall notify Owner in writing,
by certified mail, of the date of completion of the Controlled Bum Exercise on the Property.
12. Assignment. This Agreement shall not be assigned, transferred or otherwise encumbered
by the Owner.
13. 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,
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18. Severability. 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.
19. 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.
20. 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
juriS(iiction.
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Owner's Initials
t:~. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this
.JL day of J).{\l.\CH1' 2007. :-:; ..
Attest:
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Exhibit "A"
Lots 6, 7, 8, 9 and 10, SUNSET COURT, according to the Plat thereof on
file on the Office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, recorded in Plat Book 11, Page 29, Public Records of
Palm Beach County, Florida.
and
West 50' of the East 120' of the North 10' of Lot 9, Block "B", PENCES
SUBDIVISION NO.1, according to the Plat thereof on file in the Office
of the Clerk of the Circuit Court in and for Palm Beach County, Florida
recorded in Plat Book 1, Page 33, as in Deed Book 931, Page 430, Public
Records of Palm Beach County, Florida, which includes: Beginning at the
Northeast Comer of Lot 9, Block "B", PENCES SUBDIVISION NO.1, to
the Town of Boynton, being that part of the Southeast ~ of Northeast ~ of
Section 28, Township 45 South, Range 43 East, lying East of Railway as
recorded in the Office of the Clerk of the Circuit Court in and for Palm
Beach County, and run West along said Lot Line 70 feet to a point; thence
run South 10 feet to a point; thence East along said Lot Line to a Point of
Beginning, intending hereby to describe a 10 foot Southerly extension of
Lot 8 of Sunset Court Sub-Division of Lots 7 and 8 of Pences Subdivision
to the Town of Boynton, Palm Beach County, Florida.
TO:
FROM:
DATE:
RE:
CITY CLERK'S OFFICE
MEMORANDUM
Chief Bingham
Fire Chief
Janet Prainito
City Clerk
February 20, 2007
R07-023 Fire Training and controlled Burn Agreement
Attached is a copy of the fully executed agreement of the above-mentioned resolution
and a copy of the Resolution. The original is being retained in central file. . Also please
forward this to any other parties that may require a copy.
Please contact me if there are any questions. Thank you.
p~
~m.
Attachments
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2007\Chief Bingham-R07-023.doc
AMENDMENT TO FIRE TRAINING AND
CONTROLLED BURN AGREEMENT
This Amendment to the Fire Training and Controlled Bum Agre~ment date4. the I ~ day
of March, 2007, between the City of Boynton Beach ("CITY") and 4t Street LLC, a limited
liability company ("4th Street").
WIT N E SSE T H:
WHEREAS, on February 20. 2007, the CITY and 4th Street (hereinafter collectively
referred to as "the Parties"), entered into, ~ agreement to provide for fire training and a
controlled bum at property owned by 4th Street; and '
WHEREAS, the parties desire to amend the Original Agreement to provide for a change
in the date for the controlled bum.
NOW, THEREFORE, for and in consideration of the sum of the mutual covenants and
other good and valuable consideration, the receipt of which are hereby acknowledged, the parties
hereto agree as follows:
Section 1. That the recitations set forth above in the "WHEREAS" clauses of this
Agreement are true and correct and incorporated herein by this reference.
Section 2. That the Parties agree that the Section 1 0, "Termination" of the Original
Agreement shall be amended to read as follows:
Article 1 0 . Termination
The City reserves the right to reschedule, cancel or terminate this
Agreement prior to conducting the Controlled Bum Exercise for any
reason whatsoever. If the Controlled Bum Exercise is rescheduled,
cancelled or terminated, City shall so notify Owner in writing, by certified
mail, hand delivery or facsimile transmission within a reasonable time
frame prior to May 30, 2007, and the Controlled Bum Exercise must take
place on or before May 30,2007.
Section 3. Each person signing this First Amendment on behalf of either party
individually warrants that he or she has full legal power to execute this First Amendment 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 First Amendment.
Section 4. That in the event of any conflict or ambiguity by and between the terms and
provisions of this First Amendment to the Original Agreement, the terms and provisions of this First
Amendment shall control to the extent of any such conflict or ambiguity.
Section 5. That the Original Agreement executed by the parties, shall remain in full
force and effect except as specifically amended herein.
S :\CA \AGMTS\BBFD\Amendment to Bum Agreement 4th Street.doc
IN W~SS OF THE FOREGOING, the parties have set their hands and seals this
~dayof ~ ,2007.
,
ITY OFZON BEACH
~
Kurt Bressner, City Manager
"'"
Attest:
rn.{1'
T PRAINITO, CITY
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APPROVED AS TO FORM:
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Office of the City Attorney
Signature
OWNER:
BY lfi,jUtJ U/, PeA~-~
4 Street, LLC.
f11, elf H-k'L 1A-1, (3ou~"...
Print Name ~~~.
WITNESSES:
Print Name
Signature
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 lJJidlqel 8d7A//t',..-J, a managing member of 4th Street
LLC., and acknowledged he/she executed the foregoing Agreement for the use and purposes
mentioned in it, and that the instrument is hislher 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 1'1 day of 11lA/4:.L::.." 2007.
o~..,,\.
.~~ .
'o,...o~
Notary Public State of Florida
Baroara Jo Armstrong
My Commission 00509165
Expires 01122/2010
NOTARYPUBL~.C,/J ~~
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My Commission Expires: /-.;2:J -;;:La ( 0
S:\CA\AGMTS\BBFD\Amendrnent to Bum Agreement 4th Street.doc
SECOND AMENDMENT TO FIRE TRAINING AND
CONTROLLED BURN AGREEMENT
This Amendment to the Fire Training and Controlled Bum Agreement dated the ~ day
of ~, 2007, between the City of Boynton Beach ("CITY") and 4th Street LLC, a limited
liability company ("4th Street").
WIT N E SSE T H:
WHEREAS, on February 20. 2007, the CITY and 4th Street (hereinafter collectively
referred to as "the Parties"), entered into an agreement to provide for fire training and a
controlled bum at property owned by 4th Street; and
WHEREAS, on March 19,2007 the CITY and 4th Street entered into an Amendment to
Fire Training and Controlled Bum Agreement to extend the date for the controlled bum to May
30,2007; and
WHEREAS, due to limited watering use restrictions the parties desire to amend the
Agreement a second time to provide for an additional change in the date for the controlled bum.
NOW, THEREFORE, for and in consideration of the sum of the mutual covenants and
other good and valuable consideration, the receipt of which are hereby acknowledged, the parties
hereto agree as follows:
Section 1. That the recitations set forth above in the "WHEREAS" clauses of this
Agreement are true and correct and incorporated herein by this reference.
Section 2. That the Parties agree that the Section 10, "Termination" of the Original
Agreement shall be amended to read as follows:
Article 10 . Termination
The City reserves the right to reschedule, cancel or terminate this
Agreement prior to conducting the Controlled Bum Exercise for any
reason whatsoever. If the Controlled Bum Exercise is rescheduled,
cancelled or terminated, City shall so notify Owner in writing, by certified
mail, hand delivery or facsimile transmission within a reasonable time
frame prior to July 31, 2007, and the Controlled Bum Exercise must take
place on or before July 31, 2007.
Section 3. Each person signing this First Amendment on behalf of either party
individually warrants that he or she has full legal power to execute this First Amendment 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 First Amendment.
Section 4. That in the event of any conflict or ambiguity by and between the terms and
provisions ofthis First Amendment to the Original Agreement, the terms and provisions of this First
Amendment shall control to the extent of any such conflict or ambiguity.
S:\CA \AGMTS\BBFD\Second Amendment to Bum Agreement 4th Street.doc
Section 5. That the Original Agreement executed by the parties, shall remain in full
force and effect except as specifically amended herein.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this
~ day of MA1 ' 2007.
Attest:
APPROVED AS TO FORM:
~,-
Office of the City Attorney
WITNESSES:
~~
Signature
OWNER:
BY 4~u!~
1111l:-ifl'll:"t- ~). iJCJe'O/"k;e/
Print Name
'/(c. VI A 1-1 (VI A IV
Prin~ame
~~-;>
~~;e'
Print name :;0 h", 7T nt' r J
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared 111"1'11",,-"-. f 0. ;rdwd~~ , a managing member of 4th Street
LLC., and acknowledged he/she executed the foregoing Agreement for the use and purposes
mentioned in it, and that the instrument is hislher 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 -1L day of 1l1.4<-J 2007.
~YPCl<l
R'J.~
. ~ .
~oFf\.di
Notary Public State of Florida
Barbara Jo Armstrong
My Commission 00509165
Expires 01/22/2010
NOTARY PUBLIC
f\
My Commission Ex ires: OJ-.;J.:l- .;1.0/0
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