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R08-089 TT I 1 RESOLUTION NO. R08-t'3? 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE 6 EXECUTION OF A FIRST ADDENDUM TO 7 EXTENSION AND AMENDMENT TO AGREEMENT 8 BETWEEN THE CITY OF BOYNTON BEACH AND 9 PAUL W. SMITH ENTERPRISES, IN c., D/B/A 10 BOYNTON TRANSIT ADVERTISING; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, on August 5, 1997, by Resolution No. R97-l29, the City Commission 15 approved an agreement with Paul W. Smith Enterprises, Inc., d/b/a Boynton Transit 16 Advertising, providing for bus shelters and benches throughout the City; and 17 WHEREAS, Paul W. Smith Enterprises, Inc., d/b/a Boynton Transit Advertising has 18 requested to lift the number requirement allowing for unlimited numbers of bus shelters and 19 bus benches. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 eing true and correct and are hereby made a specific part of this Resolution upon adoption 24 25 Section 2. The City Commission of the City of Boynton Beach, Florida does 26 ereby approve, and authorizes the City Manager to execute the First Addendum to Extension 27 nd Amendment to Agreement with Paul W. Smith Enterprises, Inc., d/b/a Boynton Transit 28 dvertising, a copy of which Agreement is attached hereto as Exhibit "A". 29 Section 3. This Resolution shall become effective immediately upon passage. .\CAIRESOlAgreemenlsIBoynton Transit Exl First Addendum.doc II I 1 PASSED AND ADOPTED this ~ day of August, 2008. 2 3 4 5 6 7 ;' 8 ~ 9 10 ;E~'::;7 11 12 13 14 Commissioner - Ronald Weiland ---- 15 16 17 18 Commissioner- Woodrow ) 19 ./ 20 .' 7/~4 //' 21 ?'. ~/I cU ~", (~ 22 ATTEST: Commissioner- Marlene Ross 23 24 25 26 J ' 27 'V "t,~/~Q1..~~lc 28 { Jane M. Prainito, CMC 29 Clerk 30 31 32 Co :ICA\RESOlAgreementsIBoynlon Transit Ext First Addendum.doc !for-()S',? FIRST ADDENDUM TO EXTENSION AND AMENDMENT TO AGREEMENT This is a First Addendum dated the _ day of , 2008, between: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "CITY," and PAUL W. SMITH ENTERPRISES, INC., d/b/a BOYNTON TRANSIT ADVERTISING COMPANY, a Florida corporation, its successors and assIgns, hereinafter referred to as "COMPANY." WHEREAS, on August 5,1997, by Resolution No. R97-l29, the City Commission of the City of Boynton Beach authorized the proper City officials to execute an Agreement with COMP ANY providing for bus shelters and benches throughout the City, said Agreement dated August 8, 1997 ("Agreement"); and WHEREAS, on July 15,2003, by Resolution No. R03-l22, the City Commission of the City of Boynton Beach approved an Extension and Amendment to the Agreement dated August 5, 1997 to extend the term of the Agreement and to provide for additional shelters and benches; and WHEREAS, CITY and COMPANY mutually agree to remove the restriction as to the number of bus shelters and benches that can be erected by COMPANY; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: Section 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. Section 2. Section 1.5, "Ownership and Location," subsection A, of the Agreement is hereby amended as follows: A. CITY grants COMPANY the right to construct, erect, and maintain bus shelters and benches within the City of Boynton Beach at specifically designated locations within the City of Boynton Beach along the transit systems' bus routes and places of public convenience. COMPANY may erect bus shelters and benches upon S:\CA\AGMTS\Boynton Transit Addendum 2008.doc - 1 - the road rights-of-way or on private property, provided the COMP ANY obtains any required easements, lease or license agreements with the property owner of the site. CITY, to the extent of its ownership of the site, shall reasonably execute such easements, leases, or license agreements to effectuate COMPANY'S use of the site. All conveyance documents shall be in a form approved by the City Attorney of CITY. Section 3. In all other respects the original Agreement between the parties dated August 8, 1997, and all amendments thereto are hereby ratified, reaffirmed and shall remain in full force and effect as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year tirst written above. WITNESSES: CITY OF BOYNTON BEACH (--.ALY\'V}1' '1 ~YJ ~ - -A. J~rrJ1-~\ c<.-n 21()n.e.., (CORPORA TE SEAL) anet M. Prainito, CMC City Clerk Approved as to form: ~~~(~~ l* . Ja e A.. he ~ City Atto ey S,\CA\AGMTS\Boynton Transit Addendum 2008.doc - 2 - T WITNESSES: fUJ;}!~ {})L,d~~~c)--:$ [Witness-print or type name] (CORPORA TE SEAL) STATE OF FLORIDA: COUNTY OF BROW ARD: BEFORE ME, an officer duly authori~ to administer oaths and take acknowledgments, personally appeared before me this . 2'5" , 2008, Paul W. Smith as President of PAUL W. SMITH ENTERPRISES, INC., a Florida corporation, and acknowledged he executed the foregoing Extension and Amendment as the proper official of PAUL W. SMITH ENTERPRISES, INC., for the use and purposes mentioned in it and he affixed the official seal ofthe corporation, and that the instrument is the act d of that corpora (SEAL) ~C- _'U"" ....~i/'ly rst... PAUlAJ. LEBlANC "Patt l~ T. LL bl (UII. c- f~:aJ~ MY COMMISSION # DO 392073 ~~,. , . '/ EXPIRES: May 18, 2009 oIff..~' ' Bonded Thru Notary Public Underwriters Name of Notary Typed, Printed or Stamped My Commission Expires: Ir1 f;j, I~. 'Zf/dj Com issi~n Number S:\CA\AGMTS\Boynton Transit Addendum 2008.doc - 3 - The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org MEMORANDUM TO: Jeff Livergood Public Works Director FROM: Janet M. Prainito City Clerk DATE: September 17, 2008 SUBJECT: R08-089 First Addendum to Extension and Amendment to Agreement with Paul W. Smith Enterprises, Inc. Attached for your handling is the partially executed agreement mentioned above and a copy of the Resolution. Once the document has been fully executed, please return the original document to the City Clerk's Office for Central File. Thank you. cr"'T" ~, p~~~ Attachments (2) C: Central File & Followup S:\CC\WP\AFTER COMMISSION\Departmental Transmlttals\2008\Jeff Livergood R08-089.doc America's Gateway to the Gulfstream The City of Boynton Beach City Clerk's Office ("") 0 ~-f 100 E BOYNTON BEACH BLVD ~ :.:;-< BOYNTON BEACH FL 33435 (/) -<0 (561) 742-6060 fT1 <J'"T'l -0 r-a;J FAX: (561) 742-6090 N fTlC) e-mail: prainitoj@ci.boynton-beach.fl.us 0" :;~-< ~~ :;z: www.boynton-beach.org :l:JIt cn-i ~. d :x C) ""-("'1ft 0% ("\~' "'l' .~ - c;,^~\JN' }", '".' . - ...., .. '"T'lm 0 -rr1 MEMORANDUM '." ~~ c n> ~\\\\l, '6 \ n I"'l1n ::c ~~,;:",,~ TO: Jeff Livergood Cf3.f~a;JJ\.' Public Works Director FROM: Janet M. Prainito City Clerk DATE: September 17/ 2008 SUBJECT: R08-089 First Addendum to Extension and Amendment to Agreement with Paul W. Smith Enterprises, Inc. Attached for your handling is the partially executed agreement mentioned above and a copy of the Resolution. Once the document has been fully executed, please return the original document to the City Clerk's Office for Central File. ~~ Thank you. (;;Y'r e/ . f)' . ~ t- I!}-'" ~ YYJ ' i'lfu ",~L " . A~feOI1~ j\9t1;~lJeJ Attachments (2) C: Central File & Followup S:\CC\WP\AFTER COMMISSION\Departmental Transmlttals\2008\Jeff Uvergood R08-089.doc America's Gateway to the Gulfstream