Loading...
R99-004RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A LANDSCAPE AND SIGNAGE IMPROVEMENT PILOT PROGRAM, TO PROVIDE BOTH TECHNICAL AB~ 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 PROVIDING AN EFFECTIVE DATE. WHEREAS, 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, City administration and the City Commission will evaluate this program's effectiveness within six (6) months of creation; 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 of Boynton Beach does hereby establish a landscape and signage improvement pilot program to provide technical and property improvement assistance to qualified private commercial property owners on non-conforming property. The operational procedures for receiving assistance to improve landscaping and signage for non-conforming structures and sites is as follows: 1) Prospective applicant visits the Department of Development to review the condition of his/her non-conforming structure and/or site and is given a briefing about applicable codes, potential financial incentives, procedures, permits and the respective obligations of the City and the prospective applicant in implementing the landscaping and signage improvements. 2) The applicant prepares and submits a Landscaping Permit and/or a Sign Permit application and files them with the Permit Application Group. In addition, the applicant submits a project scope, schedule and probable cost (Scope), along with an outline of the types and amounts of assistance requested from the City. 3) The Landscaping Permit~ Sig~ Permit and Scope are then submitted to the ~zz~./~z~/~~~for review and recommendation on the proposed ~mprovements to be made and the requested participation by the City. 4) Once the review is completed by the ~_r~/~zz~///~~~the applicant is informed and a contractual / agreement between the City and the applicant is drawn up, stating the terms and conditions of the improvements to be made and the participation by the City. If the application is rejected, the applicant is so informed and no further action is taken. 5) The proposed contractual agreement is then forwarded to the City Commission for consideration of approval. 6) If approved, the public/private partnership shall Department of Development. implementation of the be coordinated by the Section 3. Prior to the commencement of any work by the City or the grant of any monetary project support, the applicant shall enter into a Pilot Program Agreement. A copy of the Pilot Program Agreement is attached hereto and incorporated herein as Exhibit ~ A." Section 3. That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this /~ day of January, 1999. CITY OF BOYNTON BEACH, FLORIDA ~' Vice F~ay~r ~D Mayor Pro Tem /C~o'mmis~i~ner Commi s s i oner Clerk 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 located within the limits of the City of Boynton Beach, in the State of Florida, hereinafter "Applicant"). WlTNESSETH: 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: Agreement. 2. Above Provisions: The above provisions are hereby incorporated into this Program Award: City , consisting of $ hereby awards , a Program award in the total sum of and in kind services. (See Exhibit A) 3. Applicant's share of the .oro_iect: 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. Pro_iect: 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 day of , 199_, and shall be completed by the day of , 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 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 Agreement. 10. Oovenant 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 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 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: 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 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. CITY OF BOYNTON BEACH By: Print Name Title ATTEST: APPLICANT/ Witnesses to Applicant's (2): Print Name, Title S:CA\VISIONS~PILOT PROGRAM AGR Rev. ~./8 - ~.:~:25 AH 6