R97-023RESOLUTION NO. R97-~,~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND APPROVING A FIRE TRAINING
AND CONTROLLED BURN AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH (CITY) AND A.J.,
INC. (OWNER), PROVIDING A TRAINING
EXERCISE FOR THE CITY'S FIRE DEPARTMENT
PERSONNEL; AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE SAID
AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, as part of a resolution of outstanding Code
Enforcement liens held by the City, Owner agreed to permit the
City of Boynton Beach Fire Department to use the Property for
fire training and a controlled burn; and
WHEREAS, on January 7, 1997, the City Commission approved
the Owner's offer to settle the outstanding code Enforcement
Board Liens and recognized the use of a Controlled Burn as a
training exercise for the City's Fire Department personnel;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida does hereby authorize and approve the Fire
Training and Controlled Burn Agreement between the City of
Boynton Beach and A.J., Inc., which Agreement is attached
hereto as composite Exhibit "A"
Section 2. This Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this ~ day of February, 1997.
yr/ / ~
ATTEST
City Clerk
BB~D-Bum Agr
1/30D7
Commissioner
Commissioner
Comm/~sion~r
,0{~/~'~FIRE TRAINING AND CONTROLLED BURN AGREEMENT
THIS AGREEMENT, is entered into between the City of Boynton Beach,
hereinafter referred to as "the City", and ,
hereinafter referred to as "the Owner", in consideration of the mutual benefits, terms,
and conditions hereinafter specified.
WHEREAS, as part of a resolution of outstanding Code Enforcement liens held
bY the City, Owner agreed to permit the City of Boynton Beach Fire Department to use
the Property for fire training and a controlled burn.
approved
Boynton Beach City Commission
the outstanding Code Enforcement Board Liens
lied Burn as a training exercise for the City's Fire
KNOW ALL MEN BY THESE PRESENTS that the undersigned hereby warrants
and represents to is the fee simple title holder of
record and :is :qualified reements representing the property located at
1646 North Federal :Highway, Boynton Beach, Florida, hereinafter referred to as "the
Property," and more particularly described as follows:
LAKE VILLAGE BOYNTON BEACH LTS 1 TO 28 INC & N % OF LT 29 & TR OF
SUBMERGED LAND LYG ELY THEROF & WLY OF THE CITY OF BOYNTON
BEACH BULKHEAD LINE IN TIIF DEED NO 23410 according to the plat thereof
as recorded in ORB: 0021 PAGE 0018, of the Public Records of Palm Beach
County, Florida.
PCN: 08-43~5-22-04-000~0010
Owner represents that all mortgage holders and lienholders upon the above-
described property consent to the City's use of the property in the manner
described herein, and represents that all statements in this agreement are true.
The Owner further agrees to hold harmless and indemnify the City or any of its
offices, 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 above described property, inclUding but not limited to
reasonable attorneY's fees, all costs of litigation and investigation expenses
caused by said damage, actions, suits, claim or demand.
Owner acknowledges and agrees that the City may have access to and enter
upon the above-described property for the purposes of conducting training
s~Ssions for Fire Department personnel and specifically for the purpose of
burning the Structures located on said property. Owner further acl~°Wledges
and agrees that the City shall have no obligation whatsoever to clean up and/or
, of the debris of wh other
~for the Fire
DePartment.
Both. parties hereby agree that :each
,rty
or any
all
fees ~ict,
omis cipant.
~the end of the
[the
o
The ~ car s Agreement
however, the --
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This Agreement shall not be assigned, transferred or otherWise encumbered
under any circumstances by the Owner without the prior written consent of the
City.
Owner and City Shall faithfully observe and comply with all federal, state, and
local laws, rules, codes, ordinances, regulations and orders of city, county, state
and federal governments and other public authorities having jurisdiction over the
work.
Any dispute out of the terms or conditions of this agreement shall be adjudicated
in palm Beach CoUnty, Florida. Further, this agreement Shall be construed
under Florida Law.
Whenever any party desires to give notice unto any other party, it must be given
by written notice, sent by registered United States mail,' with return receipt
requested, addressed t° the party for whOm it" is intended 'and the remaining
Party, at the places last specified, and the places for giVing of nOtice. shall remain
Such until they shall haV~ been changed by Written notice in compliance with the
proviSiOns of'this section. For the present, the CITY and OWNER designate the
11.
12.
13.
folloWing as the respective places for giving of notice:
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
ATTN: City Manager
Vanguard Realty and Development Corporation
Congress Park, 220 Congress Park Drive
Suite 230
Delray Beach, Florida 33445
ATTN: Richard A. Jerman
This agreement, together with attachments or addenda, represents the entire
and integrated agreement between the City and the Participant and supersedes
ali prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both the City
and Participant.
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.
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.
this
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
. day of February, 1997. --
CITY OF BOYNTON BEACH
APPROVED AS TO FORM:
Mayor City Attorney
Attest/Authenticated:
PARTICIPANT
WITNESSES:
Title
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared , 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,
IN WITNESS OF THE FOREGOING, I have set my hand and official seal
at in the State and County aforesaid on this day of 1997.
NOTARY PUBLIC
My Commission Expires:
wp~agrnts~bum agreement