R01-001RESOLUTION NO. R 01-~/
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A LANDSCAPE AND SIGNAGE
IMPROVEMENT PILOT PROGRAM AGREEMENT,
PROVING FOR BOTH TECHNICAL AND PROPERTY
IMPROVEMENT ASSISTANCE TO LLOYD MILLANISE -
LLOYD'S PLAZA, 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 PROVIDING AN EFFECTIVE
DATE.
WltEREAS, City staff has designed a landscape and signage improvement pilot
program to provide technical and property improvement assistance to qualified private
commercial property owners on non-conforming property; and
WHEREAS, the program, though not designed to bring property owners into full
compliance, is designed to go as far as possible toward compliance without putting an undue
hardship or burden on the owner of the commercial property; and
WHEREAS, it has been determined by the City Commission that this pilot program
will be serving a public purpose;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each WHEREAS clause set forth above is hereby ratified as being true
and incorporated herein by this reference.
Section 2. The City Commission upon recommendation of staff, does hereby
authorize and direct the Mayor and City Clerk to execute a Landscape and Signage
Improvement Pilot Program Agreement between the City of Boynton Beach and Lloyd
Millanise - Lloyd Plaza, providing for technical and property improvement assistance on
non-conforming property.
Section 3. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this
C((y Clerk
_ day of January, 2001.
CITY OJ) BOYI>ITON ~3EACH, FLORIDA
Mayor
Commissioner
LANDSCAPE AND SIGNAGE IMPROVEMENT
PILOT PROGRAM AGREEMENT
THIS AGREEMENT, made and entered into this 19~h day of December 2000, by
and between CITY OF BOYNTON BEACH, a Florida municipal corporation, 100 East
Boynton Beach Boulevard, Boynton Beach, Florida (hereinafter "City") and Lloyd
Millanise, Lloyd's Plaza, located within the limits of the City of Boynton Beach, in the State
of Florida, hereinafter "Applicant").
WITNESSETH:
WHEREAS, City has established the Landscape and Signage Improvement Pilot
P!ogram (hereinafter "Pilot Program") to provide both technical and property improvement
aesistance 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 rn 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, ~n 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.
2. Pro.qram Award: City hereby awards Lloyd Millanise, Lloyds Plaza, a Program
award in the total sum of $10,483.00, consisting of $2,200.00 and in kind services (See
Exhibit A). Consistent with the program's guidelines, the City Manager or his designee,
may at his discretion approve additional funds not to exceed $1,500.00 to cover for minor
increases in project costs.
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 20th day of December, 2000, and shall be completed by
the 30th day of March, 2001. 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 pdvate 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, retum receipt
re,quested. 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 pedod, City may cure said default, and bill Applicant for the materials and
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,
ir~cluding 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,
aiising 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
Agreement.
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
a¢~sing 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
bieach 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
w~rk in the time and manner specified, failure to provide equipment or materials
adequate
td perform the project, or failure to complete the project by the designated dates which
sl~all 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
b 'each, and provide, in the written notice, the corrective action that Applicant must take. If
A ~plicant does not take the above-described corrective action within fifteen (15) days of
A 2plicent's receipt of the wdtten 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. Subsequent to Termination: City shall provide Applicant with a letter
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 cede inspectors at the
project site to ensure that work is performed as specified. City does not assume any
liability for work performed or injudes 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 wdting.
16. Notice: Any notices to the Applicant, under this Agreement, shall be mailed
to;
Lloyd Millanise
409 West Boynton Beach Blvd.
Boynton Beach, Florida 33435
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, Flodda 33425-0310
17. Entire Agreement: 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.
Witnesses to Applicant's (2):
ClTY OFBOYNTON BEACH
~-"D
Print Name
Title
Print Name, Title
APPRO~ ~ED AS TO ~FCRM:
Cr['Y AI'~C~RN EY ~/
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