90-EEEEEERESOLUTION NO. 90- ~-~-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE A PERMIT
FOR LANDSCAPING WITHIN THE
RIGHT-OF-WAY OF CONGRESS AVENUE
BETWEEN PALM BEACH COUNTY AND THE CITY
OF BOYNTON BEACH, FLORIDA, A COPY OF
SAID PERMIT BEING ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has determined that it is in the best
interests of the citizens of said City to execute a permit
for landscaping within the right-of-way of Congress Avenue;
NOW, THEREFORE, BE IT RESOLVED by the City Commission
of the City of Boynton Beach, Florida, that:
Section 1. The Mayor and City Clerk are hereby
authorized and directed to execute a certain Permit between
the City of Boynton Beach and Palm Beach County, a copy of
which Permit is attached hereto as Exhibit "A".
Section 2. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this ~ day of September, 1990.
CITY BEACH, FLORIDA
Mayor
ATTEST:
(Corporate Seal)
CommissiB--nef ~ '
COmmlS s loner
RECREATION &
VI.
PARK MEMORANDUM ~90-454
LEGAL
C.12
cc: Eng, Parks
TO:
THROUGH:
FROM:
RE:
DATE:
J. Scott~Miller, City Manager
Charles C~Frederick, Director
Recreation & Park Department
K~vin J. Ha!lahan ~ ·
Forester/Horticulturist '~ ''
Catalina Center Median Landscape Permit
August 30, 1990
Please place the attached permit on the Commission Agenda
for the Mayor's szgnature.
The landscaping/irrigation improvements will be installed by
the developer and maintained by the Parks Division after
completion.
Attachment
KJH:ad
RESOLUTION NO. 90-~"'~-4::
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF
A PERMIT
FOR
RIGHT~ ~Et~E
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has determined that it is in the best
.nterests of the citizens of said City to execute a permit
!or landscaping within the right-of-way of Congress Avenue;
NOW, THEREFORE, BE IT RESOLVED by the City Commission
of the City of Boynton Beach, Florida, that:
Section 1. The Mayor and Cit~ Clerk are hereby
authorized and directed to execute a certain Permit between
the City of Boynton Beach and Palm Beach County, a copy of
which Permit is attached hereto as Exhibit "A".
Section 2. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this day of September, 1990.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
;T:
City Clerk
Corporate Seal)
~ ' Count~ Aclm~ni~trator
C~rol J. Elmquist, Chairma~n , Jan Winters
Karen T. Marcus, Vice Chair
Carol A. Roberts
~it not valid unless I~n~ Copy I~
sigM~d and returned within 15 days to:. k~"- =
Land Dev~loprnent P~rmit Section
p.q.. Box 2429
Wrist Palm Beach, PL 33402
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
- PERMIT NO: LA 167-890
FEE: Waived
..DATEL. August 21, 1990
SUBJECT:
CONGRESS AVENUE - INSTALL LANDSCAPING AND IRRIGATION
FROM 700' 8OUTH OF NORTH WEST 22ND AVENUE APPROXIMATELY
2000' SOUTH.
REFERENCED DRAWING: LA 167-890 Sheets 1, 2 &.3.
Permit is hereby granted for landscaping within the rightrof-way
of Congress Avenue subject to your acceptance of the following
conditions:
1. That the landscaping within the right-of-way of Congress
Avenue shall be owned and maintained by The City of Boynton
Beach, any successors, legal heirs'and ass/gna.
2. The landscaping (existing and pronosed" in-~-~ ....... '
snail De the maintenance responsibility.of The City of
Boynton Beach, any Successors; legal heirs a~d assigns.. The
areas shall be the entire median, or 'the entire swale area,
as applicable.
3. Any transfer of this Permit shell require the prio~ approval
°f the Office Of The County EnginEer.
The installation shall be in accordance with a set of plans
bearing the stamp of approval of the office of the County
Engineer. The plans and a copy of this permit shall be
present at the site during construction.
5. The City of Boynton Beach, any successors, legal heirs or
assigns shall obtain a permit from the Office of The County
Engineer for any and all additions.or modifications to the
landscaping within the right-of-wa~'o~,~ongress Avenue.
6. That no sight obstructions for-*the traveling public on-
Congress Avenue shall be caUsed by the
lan~ .......... - .... ±~,A of the
u~d~lng WlE~ln the right-of-way.". ...._
"An Equal Opportunity - Affirmative Action E_mployer" ...~-.. ~ _
BOX 2429 WEST PALM BEACH, FLORIDA 3-.M-02:2429 (407) 68~. ~.O00 "-~ ':
Landscaping Permit
Congress Avenue
City of Boynton Beach
Page 2 of 4
7. The City of Boynton Beach, any successors, legal heirs or
assigns, shall, upon request and within 30 days after notice
by the Palm Beach County Engineer, remove or relocatethe
landscaping from the right-of-way of Congress Avenue at no
expense to Palm Beach County. This request can be initiated
by the County Engineer with or without cause.
8. The City of Boynton Beach, any successors,-legal heirs or
assigns, shall indemnify and hold Palm Beach County harmless
from any and all claims, liability,~ losses and causes of
action which'may arise out of performance of this Permit.
The City of Boynton Beach, any successors, legal heirs or
assigns..shall Ray ail.olaimsand losses of any nature
whatsoever in c0nnedtion~herewith, and shall defend all suits
in the name of Palm Beach County where applicable, and shall
pay all costs of judgements which may arise thereon.
The City of Boynton Beach, any successors, legal heirs or
assigns] on demand oflthe Pal~ BeaCh'County E~gineer, shall,
at its expense,'promptlycor~ect any failure of the
landscaping within the right-of-way of-Congress Avenue that
caused
in the County Engineer's~opinion or contributed to the
damage or ~failure ofany part of Congress %venue. The City
· ~ legal heirs or assigns,
of
shall in repair the damage or
failure sustained.by Congress Avenue. In the event that The
city of~BoyntonlBeaoh, a~ySUocessors,"iegal heirs or assigns
fail .to.repair Saidldama~e to congress Avenue within forty-
eight hours cf notification of saiddamage or failure, Palm
Beach County shall have the right to make any and all
repairs, and in the event Palm Beach County should exercise
and give effect!to such right, The City of BoyntonBeach, any
successors, legal heirs Or assigns, Shall be liable to pay
and indemnify Palm Beach! county upon completion of said
repairs. The total cos.t may include engineering and legal
fees.
10.
11.
The Palm Beach County Engineer shall be the sole and final
authority as toi theplaCementof landscaping and the quality
and quantities of m~terials used in the installation of said
landscaping andlcon~trudtion method thereof.
In the E
Cong~sss
re]
Avenue.
or reconstruction of
Beach, any successors,
30 days
remove or
the right-of-way of Congress
Landscaping Permit
Congress Avenue
The City of Boynton Beach
Page 3 of 4
12. If the landscaping is not removed or relocated pursuant to
Sections 7 and 11 of this Permit, Palm Beach County shall
have the right to remove or relocate said landscaping and the
BeachPermitteeagreeScounty. to pay all costs thereby incurred by Palm
13. Roadway traffic shall not be interfered with during the hours
of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 plm., Monday
thru Friday. Saturday or Sunday construction, shall be
approved by Construction Coordination 48 hours in advance.
Traffic control for installation and future main=enance shall
be in accordance with the current Florida Department of
Transportation, "Manual On Traffic Controls and Safe
Practices for Street and Highway Construction, Maintenance
and Utility Operations,,.
14. Notification shall be given to the Construction Coordination
Division, 684-4160, 48 hours prior to the commenceme
work. The Construction Coordination Division-shall' - nt of
establish, at its discretion, points of construction that
require inspection. Contact the above number when the work
is deemed complete, and a final inspection sha
t~e Construction Coot ~_ ~_~ · , 11 be held by
dina~,~ ~vis~on in the Presence of ~
representative.of the Permit holder.
15. If this Permit has been signed and returned within the time
specified and Construction Coordination has not been
contacted for inspection Within 360 calendar days from the
date issued, this Permit shall become VOID.
Sincerely yours,,
Alan A. Kurtis, P.E., Director
Land Development Division
AAK:JEP:nm
Landscaping Permit
Congress Avenue
The City of Boynton
Page 4 of 4
Beach
CONDITIONS ACCEPTED AS APPLICABLE:
BY:
Individual
or
BY:
Representative or Agent
of Governmental Agency
BY:
President/Vice Presiden{
Corporate Representative
ATTESTED TO BY:
~ecretary
(CORPORATE SEAL)
cc: Construction Coordination
James Snelgrove, Director - Road and Bridge Division