REVIEW COMMENTS
CITY OF BOYNTON BEACH
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
PROJECT NAME: t!tl<;//f fc4t1 11((. <;f1'1:':-
TRACT/SUBDIVISION:
PROJECT ADDRESS:
PERSON RETRIEVING COMMENTS AND/OR PLANS:
Signature
Print Name
DATE PICKED UP:
I Plans - Comments
REVIEWER'S NAME:
IIQ'~
PERMIT NO: --
DATE: 2-/ ~?;q0 .
RECEIVED: 11 tll/ fb
STARTED REVIEW: '7/ "-110
RETURNED: 8/12/97 '1)bjqrrp
.
REVIEW (place asterisk):
(tJ2 3 4 REVISION
APPROVED: i.( e'S
ZONING DISTRICT: (place asterisk)
COMMERCIAL/RESIDENTIAL /INDUSTRIAL
MMSP I .-----, - I PERMIT
j
r -,
I FILE NO.:
I FEE:
DESCRIPTION:
Ckl.t1!t1t L.{?!C-7r /b BId.
The permit number identified above is the referenced number for your proposed improvement(s). Prior to
further processing on your request, the documents that you submitted illustrating the improvement(s) shall
be amended to show compliance with the below listed comment(s). To discuss the comment(s) it is
recommended that an appointment be set-up with the reviewer identified in the upper right hand corner,
(561) 375-6260 between 8 A.M. and 5 P.M., Monday thru Friday. Please reference the project name and
permit number when corresponding with City's Staff. After amending the plan(s) to show compliance with
the comment(s), return both sets of plans for re-review to the Building Department. Please note that
additional comments may be generated as a result of reviewing the amended plans. All comments shall be
rectified prior to staff review approving the documents.
(11('",1 ''7 c t'r {-t'1 t"'v !Lcr.s b.(e11..-
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* Departments required to review the project:
Building
REV: 02/06/98
S:\PLANNINGlSHAREDlWP\PROJECTS\PERMITS\FORMS\COMMENTO.DOC
Page 1 of 1
To: Application Review Committee
From: Easy Pay Tire Stores
Date: September 4, 1997
Our plan to improve the fa~ade of oUt' building is:
1) Blocking in four windows on east side of showroom.
2) New narrow windows on top of blocking.
3) New stucco to match existing walls.
4) Repair cracks in exterior walls.
5) Pressure clean and paint all exterior walls.
6) Remove oil identification from exterior walls and replace with new.
7) Replace one remaining glass window on east side of building.
Thank you for your consideration.
DOUGLAS BESECKER
f'" \J ~::J ~ ,,)\-.--=::=:,
\--2CL'v ~- _4-
APPLICATION AND AGREEMENT
CITY OF BOYNTON BEACH
CITY FACADE MATCIIING GRANT PROGRAM
(Print or Type only - Use ad~itioll;ll attachments if ncccss~lry / circle below if attachments used _ Hote: #2)
Nome .UcnQ/J /IJ d'<.se c.,{'",-
Address '7 lie ,CI" e " 7),..
City/State: d':JII"h'; d "",/, f./ Zip Code: 33'13 ;-
Phone # Day: .5f.,/-73:).')'b~1. Evening: 5C..1-730-!,9S<'
Address and legal desenption of the property to be improved (please anaeh deed):
-I . "" Fd.~. '" ,-30 ..~ ,:Ie" I" - lo'" ... .s di...ejJ.
'-~ l ... - D"-'i'i- (IJ. .'+1,,-.,
Name of and address of property Owner(s): po h ",/'d. /1.' 1 k s ~ '~J'V
') J<.. C,h\Q ,- J),- J'l.."P"-I,,~ de...I, +/ 3S'f.~~-
Phone#' Day:.5b!-I,:i.:lJ.L7t. vEvening: 51;,/-7 ),)-1.,71(0
Name of Busincss/Conullercial ,Establishment on Property: _
. p . ." .s +Ure I
Number of Emp yee; ". Average Hourly wage ~Jipslgratuity~
Number of Employees residing in Boynton Beach I.f (optional/information purposes)
Average Annual Salaries of Employees 1'.~'i? bC, c
*Describe Improvements to be done to propertY. Attach copy of work wrj" e up with
estimates to be done with proceeds of this grant. ('L'Pf ftrrrJ:T~.f.,t'_
ot/JI f-.A.cL ~4s.-r
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Do you possess the financial capability to match this grant dollar for dollar? ~
By signing this application, I hereby acknowledge that I have received, read, and understand a copy of the
guidelines of this program, and that 1 agree to comply with them.
Witness
(Date)
Property Owner
(Dote)
Witness
(Date)
TcnantlI3usiness Owner
(Date)
City Manager
(Date)
STATE OF FLORIDA COUNTY OF PALM BEACH
BEFORE ME. an officer duly authorized by law to admllllster oaths and lake acknowledgments, personally
appeared . and acknowledged he/she executed the foregoing Agreement for the use and purposes
mentioned in it and that the instrumem is his/her act and ue~d.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and ('ounty aforesaid
l\llthis _ day or 1997.
NOTARY PUBLIC
My Conmlission Expires:
*1 Application will not be processedci~t work write up and estimates.
*2 Additional attachments Circle: Yes r No'?
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,/ ,; ;C~~~"";E SEAL) 111 ltIitness Uhereof lhe grantor hao caused the.o prosonl. to
~ :' ~ ,. be executed in its name. and Us corporale seal to be hereunto a/fixed. liy u,
,'. .:;;' - .,', ~ pr~PJr officers tl.oreunlo duly aulhor/zed, lho day and yoar fIrst above wrlllen.
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. A~ST:... ............................ ...........~..... TROPIGAS INC. OF FLORIDA
Secretary .....................................__._......................._..................
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this ~4rl'anty .Deed Modo and executed tho 21st
TROPIGAS INC. OF FLORIDA
day of
May
A. D. t9 69by
a corporal/on oxisl/ng under tho laws of F lor ida
bu.lness at Coral Gables, Florida
horoinaftor called tho gran lor, to
DONALD N. BESECKER AND RUTH ANN BESECKER, his wife
and having /Is principal placo 0/
whose posloffico address Is 139 S. 1.1. 24th Avenue, Boynton Beach, Fla. 33435
here/nailer called the granlee:
(Wh~rever used herein the (ermJ "lIrantor" and "~rantee" include all the pardes to thil inltrument aad
the hein, legal representativel and ..Iigns 01 individual., and the IUCUllOn .nd ...i.nl 01 corporatiOlI.l)
18ilnesseth: ThaI the grantor. for and In con.ideralion o/tho .um a/ $ 10.00 and other
valuable considerations, receipt whereof is hereby acknowledgecl, E,y .hese presenb cloes grant, Largain, ,ell,
allen, remise. releose. convoy and confirm unto the gran toe, all that corlldn land .Uuale h. Palm Beach
County. Florida. viz:
Lots I, 4 and 5, Block 1, EXCEPT the East 35 feet thereof;
and Lots 2, 3 and 6, Block 2, of ROBERT ADDITION TO BOYNTON,
according to the Plat thereof recorded in Plat Book 1, page
51, of the Public Records of Palm Beach County, Plorirla.
SUBJECT to restrictions and easements of record, if anv;
taxes for the year 1969 and all subsequent years, and to
all valid zoning ordinances.
Together
wise appertaining.
To li/lIIe and to
with all the lenements, hpredUaments and appurtenances thereto belonging or in any-
Jtold,
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~"'TAl9\ flORIDA "~\.~ <)T~969 flORIDA
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FLORIDA
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I HEREBY CERTIFY that on this day, bdot1l me, an orlic..r duly aUlhoris:ed in Ihe State and County aforesaid to lake acblowledglnenll,
STATE OF
COUNTY OF
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,,~nall, app<~d Fred H. Bi llups and Stuart W. Patton
well howlI 10 me to be Ihe Prelident and Secretary respectively o{ the CCN'poratiOQ named.. rraalor
in the fote,oiD, deed, aad lhat tbey severally aC&nowled,ed executil)8" the ..me in the pretence of Iwo aubac:ribin, witneun freely aad Yolun~ily
.ad.. a.lb.,it, d.l, .....d in ,h'm b, aId oo,p...'i.. a.d ,ha' ,h, ..., amed .h..... i. lb, ."'" ,.,.,..,.." ~a1 .1 aid ........".?, ". :6 9: . .
WITNESS Iny hand and ortid.l seal in Ihe Counly and Sill Ie lasc aforesaid this 'J..l~y of May "A>J). 19..... '
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Recorded In (}fficial Record Book
(}f Palm Beach County, Florida
John B. Dunkle
Clerk of Cireui! Court
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My commission expires:
Requested City Commission
Meeting Dates
o November 21, 2000
o December 5,2000
o December 19, 2000
r8J January 2,2001
NATURE OF
AGENDA ITEM
RECOMMENDATION:
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Fina] Form Must be Turned
in to City Clerk's Office
November 9, 2000 (5:00 p.m.) 0 January 16,2001
November 22, 2000 (5:00 p.m.) 0 February 6, 200]
December 6,2000 (5:00 p.rn.) 0 February 20,2001
December 20,2000 (5'00 p.m.) 0 March 6, 2001
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21, 2001 (5:00 p.m.)
o AdministratIve
r8J Consent Agenda
o Pubhc Hearmg
o Bids
o Announcement
o Development Plans
o New Business
o Legal
o Unfmished Business
o Presentation
Request City Commission approval for addItIonal funds payment in the amount of$I,375 19 to the Non-conforming
Landscaping & Sign age Pilot Program (program) contract With Doug Besecker, Easy Pay Tire (Goodyear Tire) This is a
50% cost share with the City of Boynton Beach in accordance with the actual costs of additional items listed in the contract.
Staff recommends that this be approved based upon consistency with the program guidehnes.
EXPLANATION:
Easy Pay Tire owner Doug Besecker, is requesting addItional City funds in accordance with his contract. The contract cost
estimates ongmally underestimated the actual amount of pavement to be removed, the ultimate landscaping to be provided,
and cost of requITed lITigation. The addItIonal improvements have greatly enhanced the site landscape beautificatIon, and
brought it closer to code comphance.
PROGRAM IMPACT:
The program has begun to show commercial property owners that it is possible to make landscape and sIgnage rmprovements
to their properties without major upgrades to meet current codes.
FISCAL IMPACT:
There is currently $21,620 remaming in the account to complete the request for addItIOnal funds.
Account number 121-5000-590-01-18
ALTERNATIVES:
Ther~yo alternate d sources.
b-I- ~Ct vi ll. ~{I/<:T eU tr}iJ F='
Planning and Zoning Director
Deve~_",
City Manager's Signature
City Attorney / Fmance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
12/18/2B00 03:55
5513644778
EASY PAY TIRE STORES
- ,
.
,
III
EASY PAY TIRE STORES, INC.
619 N. Federal Hwy. phone 732.2696
BOYNTON BEACH, FL 33435
Mr MIKE RUMP
CITY OF' BOYNTON BEACH
PLANNING AND ZONING BOARD
PAGE 02
DEAR MR RUMP:
IN REFERENCE TO THE IMPROVEMENT PROJSCT AT 619 NO FEDERAL HWY, OUR EXPENSES
WE'NT OVER THE ESTIMA TED COSTS AS FOLLOWS
I LANDSCAPE
2 TIMER AND IRRfGATtON MATERIALS
3 BACKFLOW
4 ASPHALT
TOTAL OVERAGE -----..--
$1657.00
625.00
:21300
146.00
$2641.00 l.~ BEING -- $]320,50.
WE ARE REQUESTING THAT THE CITY REfUND US ONE-HALF OF THE EXTRA EXPENSeS
UNDER THE PROGRAM'S AGREEMENT. TI-lE AMOUNT WE ARE REQUESTING IS $1320,50
WE ALSO REQUEST THE CITY CREDIT OUR W"\TER BILL ACCOUNT ONE-HAI.,F OF APRIL'S
2000 WATER BILL WITH THE NEW SPR[NKLERSYSTEM OPERA'r10NAL, THATSfLL WAS
FOR $109.39. THE CR.EDIT TO OUR ACCOUNT SHOULD BE $54 69 AND THE. CITY PLANNING
ACCOUNT IS TO BE: CHARGED THe OTHER ONE-HALF'
BY PARTICIPATING AND COMPLETING THE LANDSCAPE AND IMPROVEMENT PILOT
PROGRAM AGREEMENT WE FEEL THESE REFUNDS ARE JUST
V. EXTRA EXPENSES $1320.50
% APRIL'S WATER BILL 54.69
TOTAL Re:FUND DUE ~)S
$1375.19
SINCEREL Y
DOUGLAS BESECKER
July 12.2000
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
August 4, 1999 (5:00 p.m.)
o September 21, 1999
o October 5,1999
o October 19,1999
o November 2, 1999
September 8,1999 (5:00 p.m.)
~ July 20, 1999
0 August 3, 1999
0 August 17, 1999
0 September 7, 1999
July 7, 1999 (5'00 p.m.)
July 21, 1999 (5'00 p.m.)
September 22, 1999 (5:00 p.m.)
October 6,1999 (5'00 p.m.)
August 18, 1999 (5'00 p.m.)
October 20, 1999 (5 :00 p.m.)
NATURE OF
AGENDA ITEM
o Administrative
~ Consent Agenda
o Public Hearing
o Bids
o Announcement
o Development Plans
o New Business
o
o
o
Legal
Unfinished Business
Presentation
RECOMMENDATION:
Consideration of the Pilot Program Agreement proposed by Doug Besecker of Goodyear Tire Store at 619 N Federal
Highway pursuant to the Non-conforming Landscaping and Signage Improvement Pilot Program adopted in January, 1999
Said agreement awards the applicant with city dollars and in-kind services as part of the site improvements intended to
beautify and bring the site closer to code compliance.
EXPLANATION:
This resolution and program agreement represents the frrst applicant to request participation in the City's Non-Conforming
Landscaping & Signage Pilot Program, which was established in January of 1999 with the intention to allocate both city
dollars and/or in-kind support toward improving the appearance of commercial properties that do not conform to current
development regulations. The subject applicant is Doug Besecker, owner of the Goodyear Tire Store located at 619 N.
Federal Highway. With the lack of a perimeter hedge and tree row along public rights-of-way, the subject site is
characteristic of most older commercial projects, which are substandard relative to parking and landscaping regulations.
Proposed improvements to address current code deficiencies include the addition of a perimeter green space and hedge
between the parking area and U.S. 1, and between the parking area and the southern property line, the addition of
landscapmg around the base of the site sign, the addition of a second required accessible parking space; the closing of a
driveway, and the mstallation of an irrigation system. Additional sit~ enhancements are to include a landscaping hedge
placed between the parking aisle, foundation landscaping placed in an existing cut-out along the south side of the building,
and additional accent plants placed at the northeast comer of the property (the corner of U.S. I and N.E. 6th Avenue).
Furthermore, by closing two access points to the property (one from the adjoining property and one from N.E. 6th Avenue),
the site was enhanced with four (4) additional parking spaces including an additional accessible space. The applicant also
proposes to fmIsh this project with an asphalt overlay and re-striping. With respect to landscaping, remaining code
deficiencies are limited to perimeter trees along rights-of-way (1 per 40 feet is required); however, the parking area currently
contains mature canopy trees which break up the appearance of the parking area and partially screen the building from the
U.S. 1 right-of-way.
Contributions requested from the city, and proposed by the applicant, are listed in Exhibits "A" and "B" of the program
agreement. The total estimated value of in-kind services and materials requested from the city is $7,855 The majority of
thiS cost, $6,000, is one-half the cost to fmish the parking area with an asphalt overlay and re-striping, which is proposed to
be shared with the applicant. The original total of$30,000 allocated to this pilot program would be reduced to $22,145; if
nSHRDA T AIPLANNlNG\SHAREOIWPlSPECPROJIBESECKER - LANDSCAPINGIAGENDA ITEM REQUEST 7-20-99.DOT
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Page 2 of2
Goodyear Tire Store
this request is approved. The applicant proposes to contribute an estimated $7,950 to the project in the form oflandscaping
materials/installation, utility infrastructure, and 50% of the asphalt overlay.
As proposed in the contract, this project would be initiated by August 2nd, and would be completed by October 4th of the
current year
As this project is consistent with the direction initiated by the Ad hoc Landscaping and Signage Sub-committee and the
current Landscape and Signage Improvement Pilot Program, staff recommends that this agreement requested by Mr. Doug
Besecker be executed.
PROGRAM IMPACT: This project is consistent with and furthers the intent of the Non-Conforming Landscaping and
Signage Improvement Pilot Program.
FISCAL IMPACT: The total of $30,000 is currently allocated for this pilot program.
ALTERNATIVES:
As indicated above, the proposed agreement is consistent with the general guidelines of the pilot program and should
therefore be approved. However, the Corrrmission may propose to alter the agreement by increasing or reducing the
contributions requested of the city, or not execute the contract and withdraw any contributions toward the enhancement of
this non-conforming property
City Manager's Signature
Acting Director of Development
~~!"2::-
Director of Planning and Zoning
City Attorney / Finance / Human Resources
J:ISHRDATAIPLANNlNGISHAREDIWPISPECPROJ\BESECKER - LANDSCAPlNGIAGENDA ITEM REQUEST 7-2(}'99,DOT
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DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 99-173
TO:
Wilfred Hawkins
Interim City Manager
THROUGH:
Nancy Byrne
Acting Director of Development
. h 1 fl1(/e
MIC ae W. Rumpf'
Planning and Zoning Director
FROM:
DATE:
July 7, 1999
SUBJECT.
Non-conforming Landscaping & Signage Pilot Program - Six Month Program Evaluation
Along with this brief evaluation of this pilot program, I am simultaneously forwarding for Commission
consideration, the draft pilot program agreement proposed by Doug Besecker, owner/operator of the Goodyear
Tire Store at 619 N. Federal Highway. This proposed agreement best summarizes the status of this pilot project
as it is the first agreement proposed subsequent to program inception in January of 1999.
You will recall that this program is the result of several months of meetIngs and work of the Ad Hoc
Landscaping and Sign subcommittee that was established to generate a solution to improving the appearance of
unsightly, non-conforming commercial propertIes by improving landscaping and signage conditions. The
program recognized that such properties have space or other design restrictions that prevent them from being
brought up to full code-compliance. Therefore, based on the reahzatIOn that some improvements were better
than no improvements to the site, the program would support improvements that moved the site closer to
landscaping and SIgn code compliance, and improved appearance. The program rules do not limit or specify
what improvements are made, or to what degree the property is brought closer to code comphance The
program relies upon staff to arrive at a compromise between existing conditions and code compliance. The
program also does not limit the dollar value of In-kind services or materials requested of the city
Two potentIal candidates for the program were contacted and requested to participate on the commIttee. The
two candidates included Mr. Besecker and Mr Lloyd Mallanese, owner and operator of the Lloyd's Plaza at 401
w. Boynton Beach Boulevard. Although there was Immediate Interest by the two parties, work did not begin on
the two projects until the pIlot program was formerly established in early 1999 It was anticipated that both
projects would continue to be processed simultaneously; however, Mr. Mallanese is still awaiting final cost
estImates for the planned landscaping work to be completed by a contractor Mr. Mallanese is still very
interested In participating in this pilot project, and staff IS prepared to bring his proposed contract to the
Commission once final cost estimates are obtained and provided to staff. Both projects have generally similar
proposed site irnprovements (e g. perimeter hedges, accent landscapIng, closing of unnecessary driveways, and
support Infrastructure).
Why has project participatIOn been lImited to Just Mr Besecker and Mr Mallanese? LimIted participatIOn may
be due to both a lack of a success story (pilot proJect) by which the program would naturally be marketed, and
the lack of knowledge of the pilot program. I believe that the committee assumed that the program's success
would be determined by the success of the two initial projects, and program modifications or development of an
awareness campaign would follow the completion of the initial projects.
If both agreements are ultimately executed by the city, which could total approximately $16,000, approximately
$14,000 would remain for program funding or enough to possibly support two additional projects. Staff
recommends that the pilot program continue and be evaluated again by January 1 st, or following the depletIOn of
project funding.
MWR:dim
S:IPlanning\SHARED\WP\SPECPROl\Pilot program. LA &SignageIProgram Evaluation,doc
LANDSCAPE AND SIGNAGE IMPROVEMENT
PILOT PROGRAM AGREEMENT
THIS AGREEMENT, made and entered into this day of 199_,
by and between CITY OF BOYNTON BEACH, a Florida municipal corporation, 100 East
Boynton Beach Boulevard, Boynton Beach, Florida (hereinafter "City") and
DOUQ Besecker- Goodvear Tire Store
located within the limits of the City of Boynton Beach, in the State of Florida, hereinafter
"Applicant") .
WIT N E SSE T H:
WHEREAS, City has established the Landscape and Signage Improvement Pilot
Program (hereinafter "Pilot Program") to provide both technical and property improvement
assistance to qualified private commercial property owners whose structures and sites are
not in conformance with the Code to complete specified projects, which program and
projects constitute a public purpose, and
WHEREAS, all grant, monies and/or materials, under this Program, shall be
expended solely for the construction and completion of the specified project (hereinafter
"Project"); and
WHEREAS, the City has absolute sole discretion in selecting projects appropriate
for the Pilot Program and the City provides the equipment, labor and material; and
WHEREAS, the Program is conditioned upon satisfactory completion of the Project
as well as the applicant providing the necessary labor, finance, access to the property for
his/her share of the project as further described in Exhibit B.
NOW, THEREFORE, in consideration of the mutual covenants described herein,
and other good and valuable consideration, which the parties hereby determine to be
sufficient, the parties agree as follows
1. Above Provisions The above provisions are hereby incorporated into this
Agreement.
1
2. ProQram Award: City hereby awards Doua Besecker -
Goodyear Tire Store , a Program award in the total sum of
$7.855 , consisting of $555 as in-kind services. (See Exhibit A)
3. Applicant's share of the proiect: Applicant hereby agrees to provide the
necessary labor, finance, access to the property as his/her share of the project as
specifically described in Exhibit B
4. Proiect: The parties hereto agree that the Project shall be as defined and
described in this Agreement. Applicant further covenants to perform all work specified in
Exhibit A, and B as part of this project. Applicant shall execute temporary and/or
permanent construction easements at the request of CITY when the City in its discretion
deems those easements necessary for City's performance of work.
5 Term: The work activities to be performed by the Applicant, as part of the
Project, are to commence on the 2nd day of August ,199~, and shall be completed
by the 4th day of October, 199~. If there is any need for an extension, Applicant shall
submit a written request to City for such an extension not later than thirty (30) days prior to
the termination date described herein. The City's grant of an extension shall in no way
constitute a waiver of any of the other terms of this Agreement.
6 Maintenance: Applicant must comply with all applicable laws,
ordinances and Code and shall at his/her own expense, secure and pay for all permits
associated with the performance of this project or any other activities under this
Agreement. Applicant hereby covenants to maintenance the constructed project
performed on his/her property. The City shall not provide maintenance for improvements
performed on private property unless defined in Exhibit A and paragraph 2 of this
Agreement as in kind services. If the project is not maintained per this Agreement, City
will send written notice of said default to Applicant via certified mail, return receipt
requested Applicant has twenty (20) days from the date of the notice to cure said default.
Applicant acknowledges and agrees that should Applicant fail to cure the default within
said twenty-day period, City may cure said default, and bill Applicant for the materials and
2
services performed. Applicant acknowledges and agrees that it shall be liable for all costs
for materials and services incurred by City in curing said default.
7. Applicable Laws: The Applicant must comply with all applicable laws,
ordinances and codes. Applicant shall, at his/her own expense, secure and pay for all
permits and be responsible for all other fees or charges associated with the performance
of the project or any other activities under this Agreement, unless specifically waived by
this Agreement as in kind services on the part of the City.
8. Indemnification: The Applicant shall indemnify and hold the City harmless,
including its elected officials, agents and employees, from and against all claims,
damages, losses, and expenses, including but not limited to, attorney's fees and costs,
arising out of or resulting from the carrying out of this Agreement, arising out of any work
activities performed under this Agreement, or constituting a breach of any term of this
Ag reement.
10. Covenant Not To Sue' The Applicant covenants with the City that it will
never at any future time sue the City for or on account of any claim for any damages
arising out of performance of this Agreement or construction of the Project specified
herein.
11. Termination. The City shall have the right to terminate this Agreement for any
breach of any term of this Agreement. A breach shall include, but not limited to failure to
meet the requirements described herein and the two exhibits, including failure to begin
work in the time and manner specified, failure to provide equipment or materials adequate
to perform the project, or failure to complete the project by the designated dates which
shall entitle the City to recovery of it's award.
12. Notice of Termination' Upon the City's determination that Applicant has
breached any term of this Agreement, City will provide Applicant written notice of said
breach, and provide, in the written notice, the corrective action that Applicant must take. If
Applicant does not take the above-described corrective action within fifteen (15) days of
Applicant's receipt of the written notice, this Agreement shall terminate without any further
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notice. The corrective action must be acceptable to the City in order to avoid termination
hereunder.
13. Subseauent to Termination: City shall provide Applicant with a Jetter
confirming termination of the Agreement. Within thirty (30) days of receipt of this letter,
Applicant shall submit to the City a cashier's check as repayment of the award provided by
the City under the terms of this Agreement.
14. Code Inspectors: The City reserves the right to place code inspectors at the
project site to ensure that work is performed as specified. City does not assume any
liability for work performed or injuries incurred, in any manner, and does not act in a
supervisory capacity.
15. Amendments: The City Commission shall have the authority to enter into
amendments to this Agreement for the City Any such amendments must be mutually
agreed upon by the parties and must be in writing.
16 Notice Any notices to the Applicant, under this Agreement, shall be mailed
to:
DOUQ Besecker - Goodvear Tire Store
619 N. Federal Highway
Bovnton Beach. FL 33425
Any notices to the City, under this Agreement, shall be mailed to:
City of Boynton Beach
Neighborhood Project Specialist
100 East Boynton Beach Boulevard
P.O Box 310
Boynton Beach, Florida 33425-0310
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17. Entire Aareement: This Agreement incorporates the entire agreement
between the parties hereto and no statements, representations, or terms, not included
within the written terms of this Agreement, can be considered a part of this Agreement.
18. No Waiver: This Agreement does not constitute a waiver of any applicable
Codes or regulations nor does it constitute approval of the Project for development. All
applicable Codes and regulations remain in force.
IN WITNESS WHEREOF, the City and Applicant have executed this Landscape
and Signage Improvement Pilot Program Agreement on the day and year first above
written.
CITY OF BOYNTON BEACH
By:
Print Name
Title
ATTEST:
5
Witnesses to Applicant's (2):
S:CA\VlSlONS\PlLOT PAOGAAM AGR
Rev. 1/8 - 11:25 AM
APPUCANTI Qe~I'.(;~\t- . Ch"l'
~j5~
\yq"-'i~(\I-
Print Nam , Title
..
6
EXHIBIT "A"
Contributions requested of City:
1) Project design and permit processing
(estimated 8 hours x rate $14.21 x 30% benefits =)
$150
2) Asphalt cutting and removal of asphalt
(estimated 8 hours x 3 workers=)
$300
3) Pay for Cap. fee, meter and backflow preventer
(Cap. fee- $770.00 + meter $270.00 + backflow preventer $250.00 =)
$1,300
4) Permit fees
(Landscape $35.00 + re-stripe $35.00 + paving $35.00=)
$105
5) One-half of cost for new asphalt overlay and restripping
($11,773 x 50% =)
$6,000
Total estimated cost for in-kind services:
$555
Total estimated cost for materials:
$7,300
$7,855
TOTAL ESTIMATED COST FOR CONTRIBUTIONS REQUESTED:
Exhibit liB"
Contributions proposed by applicant:
1)
Supply/install landscape materials
2)
3)
4)
Timer and irrigation materials
Install backflow preventer and meter
One-half cost of new asphalt overlay,
re-stripe, signage ($12,000 x 50%)
TOTAL ESTIMATED COST FOR CONTRIBUTION
PROPOSED BY APPLICANT:
IICHlMAIN\SHRDATAlPlANNING\SHAREDlWP\SPECPROJ\EXHIBITS A B,DOC
$1,300
$450
$200
$6.000
$7.950