R02-094 RESOLUTION R 02-O~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A REVOCABLE LICENSE
AGREEMENT WITH VDS ASSOCIATES, LTD, FOR
THE INSTALLATION AND MAINTENANCE OF
LANDSCAPING IMPROVEMENTS AT THE
NORTHWEST CORNER OF FEDERAL HIGHWAY
AND OLD DIXIE HIGHWAY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the developer VDS Associates are nearing completion
of the new Villas del Sol which is adjacent to this corner; and
WHEREAS, VDS Associates has volunteered to enhance the
looks of an otherwise empty, weed filled corner; and
WHEREAS, the City Commission, upon recommendation of staff
has determined that it is in the best interests of the citizens and
employees of the City to enter into a Revocable License Agreement
with VDS Associates, LTD.
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 direct the Mayor and City Clerk to
execute a Revocable License Agreement between the City of Boynton
Beach, Florida and VDS Associates, LTD, being attached hereto as
Exhibit "A".
Section 2. This Resolution will become effective immediately
upon passage.
PASSED AND ADOPTED this ~8 day of June, 2002.
ATTEST:
Vice Mayor
Commissioner
Commissioner
able License Agreement
EXHIBIT "A"
REVOCABLE LICENSE AGREEMENT
THIS IS A REVOCABLE LICENSE AGREEMENT ("Agreement") between the
CITY OF BOYNTON BEACH, a municipal corporation (the "City"), and VDS
ASSOCIATES, LTD., a Florida Limited Parmership the ("Licensee") located at 2121
Ponce De Leon Boulevard, Penthouse #2, Coral Gables, Florida 33134.
WHEREAS, Licensee is the owner of the property known as "Villa Del Sol"; and
WHEREAS,-the City is presently the owner of a certain road right-of-way; and
WHEREAS, the legal description of the City's right-of-way is provided for and
depicted on Exhibit "A" which is attached hereto, and
WHEREAS, the Licensee desires to install and maintain landscaping and related
improvements within the right-of-way; and
WHEREAS, the parties have agreed to enter into. a Revocable License
Agreement with regard to the use of the right-of-way as set out below;
NOW, THEREFORE, in consideration of the foregoing and for Other good and
valuable consideration, the adequacy and sufficiency of which are acknowledged, the
parties agree as follows:
Recitals. The above recitals are true and are incorporated into this
Agreement.
2.
Description of Premises. City hereby grants to Licensee the revocable
right, license and privilege of installing and maintaining landscaping, irrigation and
related improvements (the "Improvements") within the right-of-way depicted on Exhibit
"A" (the "Property"), which is attached hereto and incorporated herein by reference.
3. Term. The term of this License shall run until such time as the City
notifies Licensee to cease using the Property. Notice shall be sent by the City to Licensee
in writing, at least thirty (30) days prior to the dated identified for termination.
4. Compensation. No payment shall be made by the Licensee for the
privileges granted in this Agreement.
5. Use of Premises. Licensee shall use and occupy the Property only for the
purposes designated in paragraph 2 of the Agreement and the Property shall not be used
for any other purpose by Licensee without the advance written amendment of this
Agreement. Licensee agrees that it will not cause the Property, without the advance
written consent of the City, to be used or occupied by any person, firm, entity or
cooperation other than Licensee and it's agents. Licensee further agrees that no nuisance
or hazardous activity, trade or occupation shall be permitted or carried on, in or upon the
Property. No act shall be permitted and nothing shall be kept in or about the Property by
Licensee or any party under its control that will increase the risk of any hazard, fire or
catastrophe, and no waste or injury or any kind shall be permitted or committed upon or
any damage done to the Property. Licensee shall not cause the Property to be used or
occupied in any manner which violates any laws, rules, policies or regulations of any
governmental entity, including City.
6. Assignment. Licensee shall have no authority to assign any of its rights
under this Agreement during any term of this Agreement without a written amendment to
this Agreement. Should Licensee attempt to assign this license, then the License shall be
terminated immediately, without prior notice to Licensee.
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7. Damage to Premises. The Licensee shall not, by its use or occupancy,
cause damage to the Property. Licensee agrees that all personal property placed upon the
licensed Property shall remain the property of Licensee and shall be placed upon the
Property at the risk of Licensee. Licensee shall give the City, or its designated agent,
prompt written notice by certified mail, return receipt requested, of any occurrence,
incident or accident occurring on the Property.
8. Licensee acknowledges that the City currently maintains certain public
utilities within the Property. The City shall have the right to continue to maintain the
public utilities located within the Property. Licensee shall be responsible to replace and
or repair any of the improvements which the City may remove, disturb or damage during
any public utility maintenance activities. The City is not responsible to Licensee for the
payment or reimbursement of any costs associated with the repair or replacement of
improvements affected by the City's maintenance of the public utilities within the
Property.
9. Permits.
(a) The Licensee shall be required to obtain a permit for the installation
of irrigation. Such permit will be issued after Licensee or its
contractor, submits plans to the City and such plans are accepted by
the City.
(b) The Licensee shall submit plans for the installation of the
improvements to the City and shall not install the Improvements
until written approval is obtained fi.om the City.
10.
(c)' The Licensee shall notify the City within five (5) days after
installation of the improvements have been completed. The City
may require Licensee to reinstall or remove the Improvements if the
Improvements do not comply with approved plans.
(d) The City, its agents and its authorized employee may enter upon the
Property at all reasonable times and hours to examine same to
determine if Licensee is properly maintaining the Improvements and
the Property according to this Agreement.
Indemnification.
(a)
(b)
License shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims,
suits, actions, damages, liabilities, expenditures or causes of action
of anY kind arising directly or indirectly from this Agreement and
resulting or accruing from any intentional act or any negligent act,
omission or error of Licensee which in mm results in or relates to
injuries to body, life, limb or property sustained in, about or upon
the Property or the Improvements or both, or arising from the use of
the Property.
Licensee shall 'defend, at its sole cost and expense, any legal action,
claim or proceeding instituted by any person against the City as a
result of any claim, suit or cause of action accruing or in any way
arising out of this Agreement for injuries to body, life, limb or
property as set forth in (a) above.
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11.
(c)' Licensee shall save the City harmless from and against all
judgments, orders, decrees, attorneys' fees, costs, expenses and
liabilities incurred in and about any claim, and the investigation or
defense of them, which may be entered, incurred or assessed as a
result of the foregoing.
Insurance.
(a) Without limiting any of the other obligations or liabilities of
Licensee, Licensee shall provide, pay for and maintain in force the
insurance coverages set forth in this paragraph, at all times as will
assure the City coverage of the protection contained in the foregoing
indemnification provision undertaken by the Licensee.
Comprehensive general liability
million ($1,000,000.00), five
with minimum limits of one-
hundred thousand dollars
($500,000.00) per occurrence, combined single limit for body injury
liability and property damage liability coverage, must be afforded
and must include:
(1) premises, operations or both.
(2) City is to be included as an "additional named insured".
(3) Notice of Cancellation and/or Restriction-the policy(ies)
must be endorsed to provide City with thirty (30) days'
advance written notice of cancellation or restriction.
(c)' Licensee shall provide the City with a copy of all insurance policies
required by this paragraph showing that City has been named as an
additional named insured under such policies.
(d) Renewal of the insurance and provision of a copy of such renewal to
the City on an annual basis is the responsibility of the Licensee.
12. Maintenance and Repair of Licensed Premises. So long as this License is
in effect, it shall be the responsibility of Licensee to keep the Property clean, sanitary and
free from trash and debris. The upkeep and maintenance of the Property licensed under
this Agreement shall be borne solely by Licensee, and Licensee agrees to maintain the
Property in accordance with the terms and conditions of this Agreement and consistent
with prudent and reasonable maintenance procedures and techniques. Licensee
specifically agrees to install and maintain the Improvements in a manner that will not
pose a hazard to persons and/or vehicles on adjacent property or the improved right-of-
way.
13. Amendment. No modification, amendment or alteration of the terms or
conditions contained in this Agreement shall be effective unless contained in a written
document executed by the parties to this Agreement, with the same formality and of
equal dignity.
14. Surrender Upon Termination. License shall peaceably surrender and
Deliver the Property to the City or its agents immediately upon expiration of the term of
this Agreement. Licensee shall remove from the Property, at Licensee's own expense,
anything placed on the Property unless the City, in writing, authorizes Licensee to leave
any landscaping, Improvements or both on the Property. The City shall have no
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obligation to move, reinstall, replace or in any way compensate Licensee for any loss
resulting from or arising out of the termination of this Agreement, the requirement to
remove Improvements or landscaping, or the removal of the same by the City upon
failure of the Licensee to comply with the provisions of this Agreement. The Licensee
agrees to remm the Property to a safe condition following removal of the Improvements.
Licensee shall be obligated to repair or pay for any damage to the Property resulting from
the removal of Improvements.
15. Waiver. Failure of the City to insist upon strict performance of any
covenant or condition of this Agreement or to exercise any right contained in this
Agreement shall not be construed as a waiver or relinquishment for the future of any such
covenant, condition or right, but the .same shall remain in frill force and effect. None of
the conditions, covenants or provisions of this Agreement shall be waived or modified
except in writing by the parties to this Agreement.
16. Termination. This Agreement may be canceled with or without cause at
any time during its term by either party upon (30) days written notice to the other of its
desire to terminate this Agreement.
17. Notice. Any notice or demand, which under the terms of this Agreement
or by any statute or ordinance is to be given or made by either party, shall fie in writing
and shall be given by certified or registered mail, return receipt requested, sent to the
other party at the address set forth below, or to such other address as such party may from
time to time designate by notice.
Notice to the City shall be addressed to:
Kurt Bressner, City Manager
City of Boynton Beach
7
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33435
With Copies to:
James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
Suite 200
3099 East Commercial Blvd.
Ft. Lauderdale, Florida 33309
Notice
to Licensee shall be addressed to:
Jorge Lopez, President
VDS Associates, LTD.
2121 Ponce De Leon Blvd.
Penthouse #2
Coral Gables, Florida 33134
Telephone 305/443-8288
Facsimile 305/443-9339
18. Entire Agreement. This Agreement embodies the entire agreement
between the parties. It may not be modified or terminated except as provided in it. If any
provision in this Agreement is invalid, it shall be considered deleted and shall not effect
the remaining provisions.
19. Laws and Ordinances. Licensee shall observe all laws and ordinances of
the City, and state and federal agencies directly relating to the operation of the Property.
20. Recordation of Agreement. This Agreement shall be recorded in the
Public Records of Broward County, Florida. Upon termination of this Agreement, a
document of equal dignity to this document shall be executed and recorded by City at
Licensee's expense.
IN WITNESS OF THE FOREGOING, the parties have made and executed this
Revocable License Agreement on the respective dates under each signature: City,
EXHIBIT "A"
LEGAL DESCRIPTION
Approximately 0.267 AC (11,645.25 fi2) at the northwest comer of U.S. Highway 1 (Federal
Highway) and Old Dixie Highway, located in Section 4, Township 46 South, Range 43 East, City
of Boynton BeaCh, Palm Beach County, Florida.
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authorized execute the same by its governing body on ~x.J il. tie. ! ~ ,2002 and__
, signing by and through its 5f~C(° P(Q..JD~C~_.L,-~', duly
auth°riZed to execute the same.
CITY:
,,"x ,._ o't' Nroa, %.
. ATTEST. ~ ..* ........... "a ~z
~, ~ o ~*[,,,
~P~O~ ~s T6'~a~
~ES A. CHEROF
City Attorney
CITY OF BOYNTON BEACH
A Florida Municipal Corporation
roemng, Mayor
LICENSEE:
VDS Assoc'~i'~s, LTD.
A Florida ~e~Partnership//~
By: //~, I// / /}
STATE OF FLORIDA
COUNTY OF
_BEFORE ME personally, appeared x~3~)_/-'~ [aC)~ , of
, personally ~o~ to me or who produced
as iden~ ~d who execmed ~e foregoing Revocable
License Ageement on behalf of the co~oration, and ac~owledged before me ~at
he/she executed ~e same for the pu~oses expressed in it.
~SS my h~d ~d official seal on ~~ ¢~{ ~0 ~. ,2002.
Notary Stamp:
~ ~. ~ · .
NOTARY PUBLIC, ~
State of Florida at Large
Ca/agmts/Revocable License Agreement
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