R98-153RESOLUTION NO. R98-/.,~,.~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND APPROVING AN AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND THE OLEN
RESIDENTIAL REALTY, ALLOWING THE CITY'S FIRE
RESCUE DEPARTMENT TO CONDUCT TRAINING
EXERCISES ON THE STRUCTURES LOCATED AT
1632 NORTH FEDERAL HIGHWAY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Commission, upon recommendation of staff, desires to
enter into an Agreement with OLEN Residential Realty, to gain an opportunity for
live fire structure burn training occurring very infrequently; and
WHEREAS, the two structures on the property covered by this agreement
meet the criteria for structural training burns; and
WHEREAS, developer needs these two buildings removed to begin
construction of the Banyan Cove Residential development; and
WHEREAS, fire rescue desires to conduct training exercises involving these
structures for probationary and incumbent firefighters.
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 an Agreement between the City of Boynton
Beach and OLEN Residential Realty, to allow the City's Fire Rescue Department to
conduct training exercises on the structures located at 1632 North Federal Highway,
which Agreement is attached hereto as Exhibit "A".
Section.2.
passage.
This Resolution shall become effective
immediately upon
PASSED AND ADOPTED this ,/.d" day of September, 1998.
CITY OF BOYNTON BEA~FLORIDA
Mayor ~ _
VTCe Mayor Y / -,P
Mayor Pro Tem
x~m, missioner
Commissioner
Ci~ Clerk
( L; o rP .q~]~l~li::)4~
BBFD ~n
9/4/98
(~ ~'~ FIRE TRAINING AND CONTROLLED BURN AGREEMENT
THIS AGREEMENT, is entered into between the City of Boynton Beach,
hereinafter referred to as "the City", and OLEN Residential Realty, hereinafter
referred to as "the Owner", in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
KNOW ALL MEN BY THESE PRESENTS that the undersigned hereby warrants
And represents to the City by their signatures that Owner is the fee simple title holder
of record and is qualified to enter into agreements representing the property located
at 1632 North Federal Highway, Boynton Beach, Florida, hereinafter referred to as
"the Property." and more particularly described by the property control n umber as
follows:
PCN: 08 43 45 22 04 0000390
Owner represents that all mortgage holders and lien holders upon the above-
described property consent to the City's use of the property in the manner
described herein, and re presents 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
sessions for Fire Department personnel and specifically for the purpose of
burning the structures located on said property. Owner further acknowledges
and agrees that the City shall have no obligation whatsoever to clean u p
and/or remove any of the debris of whatever kind that is found on the
Property, other than as necessary for the purpose of conducting training
sessions for the Fire Department.
Both parties hereby agree that each party shall be responsible for damages
caused by their own negligence or misconduct, and further that each party
mutually covenants and agrees that in the event liability of whatever kind is
imposed against either Party on a technical or derivative basis as a result of
negligence of the other Party, the Party whose negligence or misconduct
occasioned the imposition of such liability shall indemnify the other Party or
any of its offices, employees, agents, representatives or servants for any and
all damage, actions, suits, claims or demands arising from injury or death to
any person or damage to property, including but not limited to reasonable
attorney's fees and all costs of litigation and investigation caused by such
negligent act, omission, or failure of Participant.
10.
11.
12.
This agreement shall remain in effect until September 30, 1998.
The City and the Owner reserve the dght to reschedule, cancel or terminate
this Agreement prior to conducting the Controlled Burn for any reason
whatsoever.
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 wdtten notice, sent by registered United States mail, with return
receipt requested, addressed to 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 have been changed by written notice
in compliance with the provisions of this section. For the present, the CITY
and OWNER designate the 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
OLEN DEVELOPMENT CORPORATION
1062 CORAL RIDGE DRIVE
CORAL SPRINGS, FL 33071
A'I-TN: M. Hansen
This agr~eement, together with attachments or addenda, 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 written instrument signed by both the
City and Owner.
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