R08-089
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1 RESOLUTION NO. R08-t'3?
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3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING AND AUTHORIZING THE
6 EXECUTION OF A FIRST ADDENDUM TO
7 EXTENSION AND AMENDMENT TO AGREEMENT
8 BETWEEN THE CITY OF BOYNTON BEACH AND
9 PAUL W. SMITH ENTERPRISES, IN c., D/B/A
10 BOYNTON TRANSIT ADVERTISING; AND
11 PROVIDING AN EFFECTIVE DATE.
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14 WHEREAS, on August 5, 1997, by Resolution No. R97-l29, the City Commission
15 approved an agreement with Paul W. Smith Enterprises, Inc., d/b/a Boynton Transit
16 Advertising, providing for bus shelters and benches throughout the City; and
17 WHEREAS, Paul W. Smith Enterprises, Inc., d/b/a Boynton Transit Advertising has
18 requested to lift the number requirement allowing for unlimited numbers of bus shelters and
19 bus benches.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 eing true and correct and are hereby made a specific part of this Resolution upon adoption
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25 Section 2. The City Commission of the City of Boynton Beach, Florida does
26 ereby approve, and authorizes the City Manager to execute the First Addendum to Extension
27 nd Amendment to Agreement with Paul W. Smith Enterprises, Inc., d/b/a Boynton Transit
28 dvertising, a copy of which Agreement is attached hereto as Exhibit "A".
29 Section 3. This Resolution shall become effective immediately upon passage.
.\CAIRESOlAgreemenlsIBoynton Transit Exl First Addendum.doc
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1 PASSED AND ADOPTED this ~ day of August, 2008.
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14 Commissioner - Ronald Weiland ----
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18 Commissioner- Woodrow )
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22 ATTEST: Commissioner- Marlene Ross
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27 'V "t,~/~Q1..~~lc
28 { Jane M. Prainito, CMC
29 Clerk
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32 Co
:ICA\RESOlAgreementsIBoynlon Transit Ext First Addendum.doc
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FIRST ADDENDUM TO EXTENSION AND AMENDMENT TO AGREEMENT
This is a First Addendum dated the _ day of , 2008, between:
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida, hereinafter referred
to as "CITY,"
and
PAUL W. SMITH ENTERPRISES, INC., d/b/a
BOYNTON TRANSIT ADVERTISING COMPANY, a
Florida corporation, its successors and assIgns,
hereinafter referred to as "COMPANY."
WHEREAS, on August 5,1997, by Resolution No. R97-l29, the City Commission of
the City of Boynton Beach authorized the proper City officials to execute an Agreement with
COMP ANY providing for bus shelters and benches throughout the City, said Agreement dated August
8, 1997 ("Agreement"); and
WHEREAS, on July 15,2003, by Resolution No. R03-l22, the City Commission of
the City of Boynton Beach approved an Extension and Amendment to the Agreement dated August 5,
1997 to extend the term of the Agreement and to provide for additional shelters and benches; and
WHEREAS, CITY and COMPANY mutually agree to remove the restriction as to the
number of bus shelters and benches that can be erected by COMPANY; and
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the parties agree as follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated
into this Agreement.
Section 2. Section 1.5, "Ownership and Location," subsection A, of the Agreement
is hereby amended as follows:
A. CITY grants COMPANY the right to construct, erect, and maintain
bus shelters and benches within the City of Boynton Beach at
specifically designated locations within the City of Boynton Beach
along the transit systems' bus routes and places of public
convenience. COMPANY may erect bus shelters and benches upon
S:\CA\AGMTS\Boynton Transit Addendum 2008.doc
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the road rights-of-way or on private property, provided the
COMP ANY obtains any required easements, lease or license
agreements with the property owner of the site. CITY, to the extent
of its ownership of the site, shall reasonably execute such easements,
leases, or license agreements to effectuate COMPANY'S use of the
site. All conveyance documents shall be in a form approved by the
City Attorney of CITY.
Section 3. In all other respects the original Agreement between the parties dated
August 8, 1997, and all amendments thereto are hereby ratified, reaffirmed and shall remain in full
force and effect as provided by their terms.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year tirst written above.
WITNESSES: CITY OF BOYNTON BEACH
(--.ALY\'V}1' '1 ~YJ ~
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J~rrJ1-~\ c<.-n 21()n.e..,
(CORPORA TE SEAL)
anet M. Prainito, CMC
City Clerk
Approved as to form:
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. Ja e A.. he ~
City Atto ey
S,\CA\AGMTS\Boynton Transit Addendum 2008.doc
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WITNESSES:
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{})L,d~~~c)--:$
[Witness-print or type name]
(CORPORA TE SEAL)
STATE OF FLORIDA:
COUNTY OF BROW ARD:
BEFORE ME, an officer duly authori~ to administer oaths and take
acknowledgments, personally appeared before me this . 2'5" , 2008, Paul W. Smith as
President of PAUL W. SMITH ENTERPRISES, INC., a Florida corporation, and acknowledged he
executed the foregoing Extension and Amendment as the proper official of PAUL W. SMITH
ENTERPRISES, INC., for the use and purposes mentioned in it and he affixed the official seal ofthe
corporation, and that the instrument is the act d of that corpora
(SEAL) ~C-
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....~i/'ly rst... PAUlAJ. LEBlANC "Patt l~ T. LL bl (UII. c-
f~:aJ~ MY COMMISSION # DO 392073
~~,. , . '/ EXPIRES: May 18, 2009
oIff..~' ' Bonded Thru Notary Public Underwriters Name of Notary Typed,
Printed or Stamped
My Commission Expires:
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Com issi~n Number
S:\CA\AGMTS\Boynton Transit Addendum 2008.doc
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The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.fl.us
www.boynton-beach.org
MEMORANDUM
TO: Jeff Livergood
Public Works Director
FROM: Janet M. Prainito
City Clerk
DATE: September 17, 2008
SUBJECT: R08-089 First Addendum to Extension and Amendment to
Agreement with Paul W. Smith Enterprises, Inc.
Attached for your handling is the partially executed agreement mentioned above and a
copy of the Resolution. Once the document has been fully executed, please return the
original document to the City Clerk's Office for Central File.
Thank you.
cr"'T" ~, p~~~
Attachments (2)
C: Central File & Followup
S:\CC\WP\AFTER COMMISSION\Departmental Transmlttals\2008\Jeff Livergood R08-089.doc
America's Gateway to the Gulfstream
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TO: Jeff Livergood Cf3.f~a;JJ\.'
Public Works Director
FROM: Janet M. Prainito
City Clerk
DATE: September 17/ 2008
SUBJECT: R08-089 First Addendum to Extension and Amendment to
Agreement with Paul W. Smith Enterprises, Inc.
Attached for your handling is the partially executed agreement mentioned above and a
copy of the Resolution. Once the document has been fully executed, please return the
original document to the City Clerk's Office for Central File. ~~
Thank you.
(;;Y'r e/
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Attachments (2)
C: Central File & Followup
S:\CC\WP\AFTER COMMISSION\Departmental Transmlttals\2008\Jeff Uvergood R08-089.doc
America's Gateway to the Gulfstream