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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 3 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 ~/ 5