O83-27 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 21, SIGNS, SECTION 21-16.
SPECIAL SIGNS, OF THE CODE OF ORDINANCES,
CITY OF BOYNTON BEACH, FLORIDA, TO ADD A
~NEW SECTION 21-16(c)(6) TO PERMIT THE
PLACEMENT OF A SIGN IN THE PUBLIC RIGHT
OF WAY BY A RESIDENTIAL DEVELOPMENT OF
TWENTY-FIVE (25) UNITS OR MORE NOT
FRONTING ON A MAJOR OR MINOR ARTERIAL
STREET UPON APPROVAL BY THE CITY COUNCIL
AFTER RECOMMENDATION OF THE PLANNING AND
ZONING BOARD, THE TECHNICAL REVIEW BOARD
AND THE COMMUNITY APPEARANCE BOARD;
PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: Chapter 21. Signs, Section 21-16.
Special Signs, (c) Directional Signs is hereby amended to
add a new subsection (6) as follows:
(6)
A residential subdivision or residential
development of twenty five (25) units or
more, not fronting on a major or minor
arterial street as defined in Appendix C of
the Code of Ordinances, may be permitted one
(1) sign, with a maximum of two faces and
thirty-two (32) square feet per sign face in
the public right of way. The sign shall be
located at the intersection of the major or
minor arterial street and the collector
street or local street which serves the
residential subdivision or residential deve-
lopment. Special signs shall be approved by
the City Council after a recommendation by
the Planning and Zoning Board, the Technical
Review Board and the Community Appearance
Board. Upon approval by the City Council,
the City and the representatives of the
residential subdivision or residential deve-
lopment shall enter into a license agreement
setting forth the terms and conditions upon
which approval to place the sign on the
public right of way are granted. Approval
by the City does not preclude the necessity
to secure approvals from other governmental
agencies as required.
Section 2: Each and every other provision of
Section 21-16. Special Signs, shall remain in full force
and effect as previously enacted.
Section 3: Should any section or provision of this
Ordinance or a portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 4: All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 5: Specific authority is hereby granted to
codify this Ordinance.
Section 6: This Ordinance shall take effect imme-
diately upon passage.
FIRST READING THIS
1983.
· 1983.
CITY OF BOYNTON BEACH, FLORIDA
Vice May%~
Co~nci 1 Member
Co~VM~mber
ATTEST:
Council Member
City CFe~k
(Corporate Seal)
LICENSE AGREEMENT
AGREEMENT made this day of
19__, by and between the City of Boynton Beach, Florida,
hereinafter referred to as City· and
· hereinafter referred to as Development.
WHEREAS, Development desires to place a directional
sign in the public right of way providing directions to said
Development, and
WHEREAS· Development has ~applied to the City for
approval for the placement of said sign, pursuant to Section 21-16
(c) (6) of the Code of Ordinances, City of Boynton Beach, Florida, and
WHEREAS, the parties hereto desire to set forth the terms
and conditions upon which-City has granted approval to Development
to place a sign in the public right of way,
NOW, THEREFORE, in consideratiOn of the mutual
promises herein contained, the parties agree as follows:
Section 1: City hereby grants to Development a license
to use public right of way,subject to all of the terms and
conditions hereof, that certain property described in Exhibit A
for the placement of a sign as approved by the City Council. The
property may be used by Development solely for the purpose of
placement of the above-referenced sign.
Section 2: Either party may terminate this Agreemen~
at any time and for any reason, by giving thirty (30) days written
notice to the other specifying the date of termination.
Section 3: DeVelopment shall be responsible for the
installation and cost of installation of the sign. Development
further agrees to maintain the sign during the term of this
Agreement in a suitable manner and upon failing to do so, City
shall have the absolute right to remove said sign in City's sole
discretion and without liability to Development in the event that
the sign is not adequately maintained.
Section 4: Development shall and does hereby assume
responsibility for and agrees to indemnify and hold harmless
City, and its successors and assigns, from and against any and
all loss, costs, and expenses whatsoever, including, but not
limited to, attorneys' fees, claims, suits, and judgments, in
connection with injury to or death of any person or persons or
loss of or damage to property, caused by or in any way connected
with the installation, placement, use, operation, or presence of
the sign described herein, for any cause whatsoever.
Section 5: Development shall, at its own expense,
during the term hereof, maintain and deliver to City evidence
that the general liability insurance of'Development provides
coverage for the sign described herein.
Section 6: Anything in this Agreement to the contrary
notwithstanding, in the event that Development-fails to comply
with any of the above-listed conditions, City shall have the
right to immediately terminate this Agreement upon written notice
to Development.
Section 7: Any notice mailed or delivered to City (in
care of the Mayor or the City Manager, P.O. Box 310, Boynton
Beach, Florida 33435) shall be notice hereunder by Development.
Any notice mailed or delivered to Development at
shall be notice hereunder by City.
Section 8: This Agreement embodies the entire under-
standing of the parties and there are no further or other agreements
or understandings, written or oral, in effect between the parties,
relating to the subject matter hereof. This instrument may be
amended or modified only by an instrument of equal formality signed
by the respective parties.
IN WITNESS WHEREOF, the parties have caused this
License Agreement to be signed on the day and year first above
written.
THE CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
BY:
MAYOR
CITY CLERK
DEVELOPMENT
ATTEST:
BY:
PRESIDENT
SECRETARY