R02-205
"
RESOLUTION NO, 02- ~oS-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND APPROVING A FIRST AMENDMENT TO AN
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND FLORIDA POWER & LIGHT COMPANY TO
PROVIDE FOR THE INSTALLATION OF DECORATIVE,
NON-COMMERCIAL BANNERS ON FPL OWNED
UTILITY POLES ALONG MARTIN LUTHER KING (MLK)
BOULEVARD, BETWEEN SEACREST BOULEVARD AND
FEDERAL HIGHWAY; AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission, upon recommendation of staff, has deemed it to
be in the best interests of the citizens and residents of the City of Boynton Beach to approve
the First Amendment to the Agreement between the City of Boynton Beach and Florida
Power & Light Company, to provide for the installation of decorative, non-commercial
banners on FPL owned utility poles along Martin Luther King Boulevard, between Seacrest
Boulevard and Federal Highway;
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 the First Amendment to the Agreement between the City of
Boynton Beach and Florida Power & Light Company, to provide for the installation of
decorative, non-commercial banners on FPL owned utility poles along Martin Luther King
Boulevard, between Seacrest Boulevard and Federal Highway, which First Amendment is
attached hereto
Section 2.
The City Manager IS authorized and directed to execute said
S:\CA\RESO\Agreements\First Amendment to Banner Agr.doc
II
Amendment.
Section 3,
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of November, 2002.
Cit Cler~\\\\i\\lIl1llllll
~,,\ o'~ NT OAj I//ij//:
~ ~ .,....... & (-' ~
(CO~Itate..~al}4 j~,. :" ~
- 0 l()C:Y- '0\ '0 :::.
=::<: ~ ';J: :::.
-" >-.- .-
:= r- ~ :
-:::- -;; ~ o....():
-::- ,-,'. 4. .-/ '.c ... .;:;-
~ -.'O/:l~' ':,,~. r...."'. ~.,...~ $
'iF ~,".;o"~(,"'''~'. (~,,~ .......:::;..
-.ij/ f:i (~,q,\~'~. \,,\;:"
~'1//li/ili "'-'1 i' \\\\\\ ~
S:\CA\RESO\Agreements\First Amendment to Banner Agr.doc
Rod.~~OS;
CITY OF BOYNTON BEACH
FIRST AMENDMENT TO
BANNER ATTACHMENT AGREEMENT WITH
FLORIDA POWER & LIGHT COMPANY
THIS AGREEMENT dated the 19 day of No,,"eMbu ,2002 by and
between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation of the
State of Florida (hereinafter the "CITY") and FLORIDA POWER & LIGHT
COMPANY, a Florida corporation authorized to do business in the State of Florida,
(hereinafter referred to as "FPL"),
WHEREAS, CITY and CONTRACTOR entered into a Banner Attachment
Agreement dated October 7, 1997 (hereinafter referred to as the ("Original Agreement"));
and,
WHEREAS, the parties hereby agree to Amend the Original Agreement as
provided herein;
WITNESSETH:
NOW, THEREFORE, for and in consideration of the sum of the mutual covenants
and other good and valuable consideration, the receipt of which are hereby acknowledged,
the parties hereto agree as follows:
Section 1. That the recitations set forth above in the "WHEREAS" clauses of this
Agreement are true and correct and incorporated herein by this reference,
Section 2. That Section I, "Grant of Permission", of the Original Agreement shall be
amended to provide for the inclusion of an additional fifteen (15) poles located on Martin
Luther King Boulevard from Federal Highway to Seacrest Boulevard, to the list of
permitted locations wherein the City may attach decorative banners,
Section 3. That in the event of any conflict or ambiguity by and between the terms and
provisions of this First Amendment to the Original Agreement and the Original Agreement,
the terms and provisions of this First Amendment shall control to the extent of any such
conflict or ambiguity,
Section 4. That the Original Agreement executed on October 7, 1997, shall remain in
full force and effect except as specifically amended herein,
Section 5. That each Exhibit referred to in the Original Agreement, as amended, and
herein forms an essential part of this Agreement. The exhibits if not physically attached
should be treated as part of this Agreement and are incorporated herein by reference,
CITY:
ATTEST:
\1'1' \ i i I! I
\\ ..' .
~", \
~
~~ ......n
~ () rl
- .
- :
3" :0
CITY OF BOYNTON BEACH, a Florida
municipal corporation
.P~
"
"
>/,-
.,,>-
t Piain$>, City Clerk
, .-' 0 ;:
.,.-..,~\:,~. " ~
" "''v ~~
By:
Kurt Bressner, City Manager
WITNESSES:
FLORIDA POWER & LIGHT COMPANY,
a Fl'7'\ ~o:ration
BY~ -., ~~ - \..~
ct2J'{). ~
c r+ A A. '--5 <::....1'\. AvJ .c G ~.()
~ dzk)
"^ I C. 1+". a't.. 7':!k -r-r C N 't' ~
Print Name
(SEAL)
STATE OF FLORIDA
)
) SS
)
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, perso~ app~d A-, L A ~(J.) tfJ I' L/) of Florida Power
& Light Company, who is personally own to me', or has produced
- ----
as IdentIficatIOn, and ackiiowledged execution of
the foregoing Agreement as the proper official of Florida Power & Light Company for the
use and purposes mentioned in it and affixed the official seal of the corporation, and that the
instrument is the act and deed of that corporation,
2
IN WITNESS OF T~E FO~GOING, I have se~y hand and official seal at in
the State and County afores31d on this ~ --,1 day of ~ ~_a .d A- J '
~ )4.?03
~u J:;a"U~hL4#~.47f
NOTARY IC
SEAL:
(!(l 'l1371c!
TRENAJ, WllJ(l~~':
_ . . _ MYCOMMlSSlOr..,.. ~."/l!1 I
~~,..,.....~i EXPIRES:Mar,4 .;,)4 ..'
",9f..~"'" Bonded Thru Notary PUblic UndlHwilters #
(}~.I]-l-~ iL.U;-rl~/;L;U-h.4..
!JI/t.f jf) if
SSG:DNT:dnt
\IJGCDE ]S\LIBRARY\I 990\9001 82.BB\AGM1\FPL Banner Agmt (First Amdmnt).doc
3