R08-024
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2 RESOLUTION NO. R08oa'-l
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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
II DATE.
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13 WHEREAS, the City's Fire Department desires to use the structure located at 103
14 N.E. 4th Avenue, Boynton Beach, Florida for the purpose of fire rescue training exercises; and
IS WHEREAS, this will allow Fire Rescue personnel to get realistic training, which is
16 an invaluable tool to the department and the citizens and residents of the City;
17 WHEREAS, the owner of the building, The Boynton Beach Community
18 Redevelopment Agency, has agreed to allow the City to use the aforesaid building for fire
19 rescue training sessions.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clause set forth above IS true and correct and
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23 incorporated herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
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25 ereby authorizes the execution of an Agreement between the City of Boynton Beach and the
Section 3.
That this Resolution shall become effective immediately upon passage.
26 oynton Beach Community Redevelopment Agency, allowing the use of the building at 103
27 .E. 4 th Avenue, Boynton Beach, Florida, for fire rescue training purposes. A copy of the
28 greement is attached hereto and made a part hereof as Exhibit "A".
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a/reso/agreements/bbfdlHidden Brolt. - Fire Rescue Training
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PASSED AND ADOPTED this ~ day of February, 2008.
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ATTEST:
PIL~
Ja t M. Prainito, CMC
Ity Clerk
a/reso/agreements/bbfdlHidden Brolt. - Fire Rescue Training
CITY OF BOYNTON BEACH, FLORIDA
Commissioner - Ronald Wel and /"
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Commissioner - Woodrow L. ay
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Commissioner - Marlene Ross
R08-~c.I
FIRE TRAINING AND CONTROLLED BURN AGREEMENT
THIS AGREEMENT is made on this ~~ day of FeJ,rl-4(l rt, 2008, by and
between the City of Boynton Beach, Florida, a Florida municipal corp ratIon, wIth a busmess
address of 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435, (hereinafter
referred to as "City").
And
Boynton Beach Community Redevelopment Agency, a Florida public agency, with an
address 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 pre-burn training and
live fire burn training exercises ("Controlled Burn 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 103 N.E.
4th Avenue, Boynton Beach (the "Property"), and has offered the City's Fire Rescue Department
the opportunity to use the Property for pre-burn training and live fire structure burn training; and
WHEREAS, the structure on the Property is owned by Owner, and meets the criteria for
training and Controlled Burn 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 this Agreement with respect to the property located at 103 N .E. 4th
A venue, 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, by executing this Agreement, represents and
acknowledges that all mortgage holders and lien holders upon the Property, if any, 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, to the extent permitted by law, and subject to
the limitations as provided in Section 768.28, Florida Statutes further agrees to hold harmless
and indemnify the City, 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 Burn
Exercises. Owner further understands, acknowledges and agrees that the value of the Property
mayor 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 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
COinpensationfrom 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 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 Burn 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
Burn 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. To the extent permitted by law, and
subject to the limitations as provided in Section 768.28, Florida Statutes, the parties
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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
Burn 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 Burn Exercise for any reason whatsoever.
10. Notice of Commencement. The City shall notify Owner in writing, by 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 of the date of completion of the Controlled
Burn Exercise on the Property.
II. 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
A TTN: City Manager
Fax (561) 742-6011
COPY TO: James A. Cherof, City Attorney
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
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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
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 ofthe 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. 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.
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.
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Owner's Initials
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IN WITNESS OF THE
&lea day of Febr.....rr 2008.
Attest:
OING, the parties have set their hands and seals this
. . pITY OF BOYNTON BEACH
~ irf'-~
Kurt Bressner, City Manager '-
APP1.oVED AS TO FORM:
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11ce of the City Attorney
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BOYNTON BEACH COMMUNITY
REDEV~OPMEN~AGENCY
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By rA
LIsa Bright, Executive
Attest:
. APPROVED AS TO FORM:
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By
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CRA Attorn
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