R93-62RESOLUTION NO. R93-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND THE
TOWN OF MANALAPAN FOR UTILIZATION OF THE
CITY'S FIRING R~NGE; SAID AGREEMENT
BEING ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE.
WI4EREAS, the City of Boynton Beach, Florida (CITY) is the
proprietor of a firing range upon a site situated at 3701N.
Congress Avenue, Boynton Beach, Palm Beach County, Florida;
and
WHEREAS, the Town of Manalapan Police Depar%ment seeks
permission of the CITY to utilize the CITY'S firing range to
conduct training of its agents and employees;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CiTY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach hereby authorizes and directs the Mayor and City Clerk
to execute an Agreement between the City of Boynton Beach and
the Town of Manalapan, as attached hereto as Exhibit "A".
Section 2. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this ~ day of April, 1993.
FLORIDA
Ma
ATTEST:
Ci~ Clerk
(Corporate Seal)
Commissioner
Range.BBPD
3/31/93-Manalapan
AGREEMENT
THIS AGREEMENT is made and entered into this ~ day of
, 199~, by and between the CITY OF
BOYNTON BEACH~ hereafter referred to as "CITY" and the TOWN OF
MANALAPAN POLICE DEPARTMENT,
WITNESSETH:
WHEREAS, the CITY is the proprietor of a firing range
upon a site situated at 3701 N. Congress Avenue, Boynton
Beach, Palm Beach County, Florida; and
WHEREAS, the Town of Manalapan Police Department seeks
permission of the CITY to utilize the CITY'S firing range to
conduct training of its agents and employees; and
WHEREAS, the parties desire to provide a statement of
their agreement;
NOW, THEREFORE, in consideration of the parties' mutual
interest and objectives in providing professional, competent
training, it is understood
hereto as follows:
1. The term of this
year period, commencing on
and agreed between the parties
Agreement shall be for a one (1)
the date of execution.
2. The Town of Manalapan Police Department shall
provide supervision during any use of, or training exercise
conducted upon the firing range.
3. The Town of Manalapan Police Department shall
conform the conduct of it's agents and employees with regard
to the use of the Boynton Beach firing range in accordance
with the law and the rules and regulations established by the
CITY which are attached and incorporated into this Agreement
as if fully set forth herein, identified as Exhibit "A".
4. The Town of Manalapan Police Department shall
provide the CITY ninety (90) days written notice of the
date(s) and time(s) it seeks permission to use the firing
range.
5.
The CITY expressly reserves the right to deny use of
the range in the event the intended use of the Town of
Manalapan Police Department is in conflict with any other use
or training.
6. The Town of Manalapan Police Department
responsible for any cost or expenses incurred as a
it's use of the firing range.
shall be
result of
7. If, in the sole discretion of the CITY the Town of
Manalapan Police Department fails to reasonably conform to the
requirements of this ~greement, this Agreement may be
terminated at any time upon written notice.
8. The Town of Manalapan Police Department is not
permitted to include any guest, i~dependent contractor or any
other person under the terms or conditions of this Agreement.
9. Any notice required or permitted to be given under
this Agreement shall be in writing and mailed to:
City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
10. This Agreement is not assignable.
11. The Town of Manalapan Police Department assumes all
liability and responsibility for damage, injury or death
arising out of the conduct of it's agents and employees in
accordance with the provisions of Section 768.28, Florida
Statutes, and agrees with respect to any suit or claim for
damages resulting from acts, omissions or conduct of the Town
of Manalapan Police Department, their employees or agents,
occurring while using said CITY'S
firing range to hold harmless and indemnify the CITY.
12. This instrument contains the entire Agreement
between the parties. It may not be changed orally, but only
in writing and signed by both parties.
IN WITNESS WHEREOF, the parties have executed this
Agreement on the day and year first above written.
Witffes s -" '
Witness
ATTEST:
C i' t~t Clerk
BY:
Edward. ~{ar~ening, M~or
APPR / ' · ~
~es A.~Qherof, City
Attorne~
TOWN OF MANALAPAN
POLICE DEPARTMENT
Witness
Witness
Range.Agr
12/10/92~3/30/93