R99-092RESOLUTION NO. R99-q~
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, PROVIDING FOR BOTH TECHNICAL
AND PROPERTY IMPROVEMENT ASSISTANCE TO
DOUG BESECKER - GOODYEAR TIRE STORE, 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.
W~EREAS, 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
W-KEREAS, 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 Doug
Besecker - Goodyear Tire Store, providing for technical and
property improvement assistance on non-conforming property.
Section 3. That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this
day of July, 1999.
CITY ~F BOYNTON ~EACH, FLORIDA
'ce Mayor
Mayor Pro Tem
/~/issioner
Commissioner
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 cotp~rati6n,//~ 100 East
Boynton Beach Boulevard, Boynton Beach, Florida (hereinafter "City") and
Dou.q Besecker- Goodyear Tire Store
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
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.
2. Program Award: City hereby awards Dour 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 project: 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. Project: 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 Au.qust ,1999, and shall be completed
by the 4th day of October, 1999. 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
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services performed. Applicant acknowledges and agrees that it shall be liable for all costs
for materials and services incurred by City in cudng 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, attomey'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
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
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 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 code inspectors at the
project site to ensure that work is p~rformed 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:
Dour Besecker - Goodyear Tire Store
619 N. Federal Hi.qhway
Boynton 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 A.qreement: 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
Print Name .,3
ATTEST:
_
~1111111111%%~~,~
5
Witnesses to Applicant's (2):
Print Name¥ Trtle
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EXHIBIT "A"
Contributions requested of City:
1) Project design and permit processing
(estimated 8 hours x rate $14.21 x 30% benefits =)
Asphalt cutting and removal of asphalt
(estimated 8 hours x 3 workers=)
Pay for Cap. fee, meter and backflow preventer
(Cap. fee- $770.00 + meter $270.00 + backflow preventer $250.00 =)
Permit fees
(Landscape $35.00 + re-stripe $35.00 + paving $35.00=)
One-half of cost for new asphalt overlay and restripping
($11,773 x 50% =)
2)
3)
4)
5)
$150
$300
$1,300
$105
$6,000
Total estimated cost for in-kind services:
Total estimated cost for materials:
TOTAL ESTIMATED COST FOR CONTRIBUTIONS REQUESTED:
$555
$7,3O0
$7,855
Exhibit "B"
Contributions proposed by applicant:
1)
2)
3)
4)
Supply/install landscape materials
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:
$1,300
$450
$200
$6,000
$7,950
[~CI"IIMAIN~SHRDATA~PI.ANNINGtSHARED~WP/SPECPRO,J~EXHIBITS A B. DOC