R97-138RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH, FLORIDA ("CITY") AND PALM
BEACH COUNTY ("COUNTY"), PERMITTING THE
EXISTENCE OF AN ENTRANCE SIGN AND WALL
INCLUDING LIGHTING, LANDSCAPING, AND
IRRIGATION IN AND ON THE COUNTY CONTROLLED
RIGHT-OF,WAY, LOCATED AT THE INTERESECTION
OF CHAPEL HILL BOULEVARD AND SEACREST
BOULEVARD; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City and County desire to enter into an Agreement,
permitting the existence of an entrance sign and wall including lighting,
landscaping, and irrigation (hereinafter the "IMPROVEMENTS") in and on the
County controlled right-of-way located at the intersection of Chapel Hill
Boulevard and Seacrest Boulevard, in the City of Boynton Beach; and
WHEREAS, the above improvements are .to be erected for the use and
enjoyment or proper function of the property and special aesthetics;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
hereby authorizes and directs the Mayor and City Clerk to execute an
Agreement between the City of Boynton Beach, Florida and Palm Beach County,
permitting the existence of an entrance sign and wall including lighting,
landscaping and irrigation in and on the County controlled right-of-way, located
at the intersection of Chapel-Hill Boulevard and Seacrest Boulevard in the City
of Boynton Beach., said Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon
passageby this Commission, and acceptance and passage by the Palm Beach
Board of County Commissioners at their Commission meeting scheduled for
September 16, 1997.
PASSED AND ADOPTED this ?/~ day of August,
CITY OF BOYNTON BEACH, FLORIDA
Vic_~/May~
C~mmissioner
COmmissioner /
ATTEST:
Commissioner
Clerk
s'c. a~p\Res~ement~Ch;~l~ill~l
AGREEMENT
THIS AGREEMENT with and indemnification to Palm Beach County is made
and entered into this day of $£P 1 6 ~!? ,1997, by and between the CITY
OF BOYNTON BEACH, a municipal corporation of the State of Flodda and PALM
BEACH COUNTY, a political subdivision of the State of Florida (hereinafter the
"COUNTY") for good and valuable consideration in hand paid, as well as in
consideration of COUNTY permitting the existence of an entrance sign and wall
including lighting, landscaping, and irrigation (hereinafter the "IMPROVEMENTS") in
and on the County controlled right-of-way, located at the intersection of Chapel Hill
Boulevard and Seacrest Boulevard in the City of Boynton Beach (hereinafter the
"(RIGHT-OF-WAY").
WHEREAS, the City of Boynton Beach is desirous of constructing and installing
an entrance sign and wall which will include lighting, landscaping and irrigation in the
County right-of-way at the intersection of Chapel Hill Boulevard and Seacrest
Boulevard in the City of Boynton Beach; and
WHEREAS, the above improvements are to be erected for the use and
enjoyment or proper functioning of the property and special aesthetics; and
WHEREAS, a paA of said structures shall be placed in a Palm Beach County
right-of-way; and
WHEREAS, Palm Beach County desires to grant permission to the City of
Boynton Beach to construct and install the above described improvements in its right-
of-way subject to the conditions set forth herein.
NOW, THEREFORE, in consideration of Palm Beach County allowing the use of
its right-of-way for the construction of the improvements subject to final permit issued
by Palm Beach County, the City of Boynton Beach hereby agrees with Palm Beach
County that whenever it is determined by the County that it is necessary for the safe
and efficient operation of the right-of-way, or any portion of the right-of-way, the City
shall relocate or remove the Improvements from the right-of-way and return the right-of-
way to its odginal condition, at the sole expense of the City within ninety (90) days of
receipt of a written request for same from the County. This Agreement shall not, in any
way, limit the City's right to recover such costs of relocation or removal from any third
· party pursuant to an indemnification or subrogation agreement.
It is further agreed by the City of Boynton Beach that the improvements shall be
permitted by Palm Beach County Engineering and Public Works Department in
accordance with the regular permitting process, and that no other construction shall be
in effect in said right-of-way. Further, the City of Boynton Beach agrees with Palm
Beach County to be responsible for the maintenance of said improvements, which shall
be maintained and kept in good repair by the City of Boynton Beach at its expense.
In the event a claim or lawsuit is brought against the County, its officers,
employees, servants or agents, due to the existence of the improvements in the County
right-of-way, as described herein, the City hereby agrees to indemnify, save and hold
harmless the County, its officers, employees, servants or agents and to defend said
persons from any such claims, liabilities, causes of action and judgments of any type
whatsoever arising out of or relating to the existence, permitting, placement or
maintenance of the improvement in the right-of-way. The City agrees to pay all costs,
attorney's fees and expenses incurred by County, its officers, employees, servants or
agents in connection with such claims, liabilities or suits. This Agreement shall not, in
any way, limit the City's dght of indemnification against a third party for maintenance,
legal costs and expenses, and attorney's fees. Nothing contained herein, however,
shall act as a waiver of any of the City's or County's immunities provided for in Section
768.28, Florida Statutes..
All notices required to be given shall be by certified mail to the follows:
As to County:
As to City:
County Engineer
301 North Olive Avenue
West Palm Beach, FL 33401
City Manager
P.O. Box 310
Boynton Beach, FL 33425
IN WITNESS WHEREOF the parties have caused this Agreement to be
executed by their duly authorized officials.
CiTY Of BOYNTON BEACH PALM BEACH COUNTY,
FLORIDA, BY ITS BOARD OF
COUNTY COMMISSIONERS
MAYOR ./ .~?'?-?'"'-:.;~;" / SEPt ~. 199T
ATTEST:
: .-,..,,. ?
City~lerk ~/,r :~ ~ .... ~~ Cie~
APPROVED AS TO FORM:
City Attorney //
APPROVED AS TO FORM:
County Attorney
s:Agreements~.ChaDel Hill
3/25/97,Rev. 7/30/97, Rev. 8/13/97
To~
From:
Re:
Date:
Sue Kruse, City Clerk
April Lamons, Legal Clerk
Chapel Hill Entrance Sign
October 1, 1997
Attached for your safekeeping please find the original Chapel Hill Entrance Sign
Agreement entered into on September 16, 1997.
Please attach a copy to the Resolution R97-138.
Thank you for your assistance.
Enclosures
cc: Kerry Willis, City Manager
8:ca/deptr,/City Clerk/Chapel Hill Entrance ~isn P.~'ees~ent
OCT ~ Igg?
Cll'Y lttANAGER,$ OFFIc...E