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