R91-143RESOLUTION NO. R91-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CERTAIN
AGREEMENT ENTITLED COVENANT RUNNING
WITH THE LAND" BETWEEN THE CITY OF
BOYNTON BEACH AND PRIVATE PROPERTY
OWNERS IN CONNECTION WITH THE
LANDSCAPING IMPROVEMENTS PLANNED FOR
BOYNTON BEACH BOULEVARD; A COPY OF SAID
AGREEMENT IS ATTACHED HERETO AS EXHIBIT
"A"; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
each has determined that it is in the best interest of the
]ity to enter into an agreement with private property owners
.n connection with the landscaping improvements planned for
~oynton Beach Boulevard; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COM~4ISSION
THE CITY OF BOYNTON BEACH~ FLORIDA THAT:
Section 1. The City Commission of the City of
~oynton Beach hereby authorizes and directs the Mayor and
iity Clerk to execute certain agreements, entitled "Covenant
~unning With the Land" with private property owners in
:onnection with the landscaping improvements planned for
½oynton Beach Boulevard, a copy of which Agreement is
~ttached hereto as Exhibit "A".
Section 2. This Resolution shall take effect
.mmediately upon passage.
PASSED AND ADOPTED this J day of C-~C-~ , 1991.
aTTEST:
tl~i~ Clerk
CITY OF BOYNTON BEACH, FLORIDA
~/C6~is s loner /
Co
COVENANT RUNNING WITH THE LAND
T~IS AGREE~4ENT, ("AGREEMENT") executed this ~/ day
o2 ~~~ , 1991, between the CITY OF BOYNTON
BEACH, a Florida Municipal corporation ("CITY") and
("OWNER").
WITNESSETH:
W~EREAS, the CITY has developed and seeks to implement
a Landscape Improvement
with the beautification of
entails the installation
private property; and
W~EREAS, the OWNER owns
Program ("PROGRAM") in connection
Boynton Beach Boulevard which
of landscape improvements on
that certain real property more
particularly described in Exhibit "A" attached hereto and
made a part hereof ("PROPERTY"), which lies within the
municipal boundaries of the CITY and
W~EREA$, the OWNER desires to participate in the
_program and authorizes the CITY to enter upon and install
landscape improvements on the PROPERTY; and
W~EREAS, the CITY and OWNER wish to set forth their
respective rights and responsibilities in connection with
the PROGRAM;
NOW, THEREFORE, in consideration of the mutual
promises, terms, conditions, covenants and other good and
valuable consideration, the receipt and sufficiency of whick
is hereby acknowledged, the parties intending to be legally
bound, do hereby agree as follows:
1. The foregoing recitations are true and correct and
are hereby incorporated herein by this reference.
2~ OWNER hereby authorizes CITY to enter upon and
install the necessary landscape improvements upon the
PROPERTY.
3. The CITY, its agents or authorized employees may
enter upon the PROPERTY at all reasonable times and hours to
examine the same, to determine if OWNER is properly
maintaining the PROPERTY in accordance with this Agreement.
4. OWNER shall indemnify, defend and hold harmless
the CITY, its officers, agents and employees from and
against any and all claims; suits; actions~ damages,
liabilities, expenditures or causes of action o~ any kind
a~ising f~om this Agreement and resulting or accruing from
any~ negligent ~ct, omission or error of CITY resulting in or
relating to injuries to body, life, limb or property
sustained in, about or upon the PROPERTY or improvements
thereon or arising from the use of the PROPERTY. OWNER
shall defend at its sole cost and expense an¥~ ~egal action,
claim or proceeding instituted by any party ~gains[ the CITY
as a result of any claim, suit or caus~fl action ~ccruing
from this AGREEMENT for injuries to body, life, limb or
property as set forth above.
QWNER shall save the CITY harmless from ~nd against all
judgments, orders, decrees, attorneys fees, costs, expenses
and liabilities incurred in and about any such claim,
investigation or defense thereof which may be entered,
incurred or assessed as a result of the foregoing.
The covenants and representations relating to this
indemnification provision shall survive the term of this
AGREEMENT and continue in full force and effect as OWNER'S
responsibility to indemnify the CITY, its officers,
servants, agents and employees.
The execution of this
obligate the OWNER to
indemnification provisions.
The parties recognize that various provisions of
AGREEMENT, including but not necessarily limited to
AGREEMENT by the OWNER shall
comply with the foregoing
this
this
section, provide for indemnification by the OWNER and that
Florida Statutes Section 725.06 requires a specific
consideration to be given therefor. The parties therefore
agree that the sum of TEN DOLLARS ($10.00)~ the receipt of
which is hereby acknowledged, and the mutual considerations
and obligations contained in this AGREEMENT are the specific
consideration for such indemnities, and the .providing of
such indemnities is deemed to be a part of the
specifications with respect to this AGREEMENT.
5. It shall be the OWNer'S sole responsibility to
keep the PROPERTY clean, sanitary and free from trash and
debris. 'The OWNER shall maintain the landscape improvements
at its sole cost and expense in accordance with the terms
and conditions of this AGREEMENT and consistent with prudent
and well reasoned maintenance procedures and techniques,
subject to the approval by CITY.
6. This AGREEMENT shall be effective as of the date
of execution as shown above and shall terminate on
7. This AGREEMENT may not be modified or amended
without the prior written approval of CITY and OWNER.
8. The parties hereto agree that in the event it
becomes necessary for any party to defend or institute leqal
proceedings as a result of the failure of any party to
comply with the terms, covenants, agreements and/or
conditions of this AGREEMENT, it is understood and agreed
that the prevailing party in such litigation shall be
entitled to be reimbursed for all costs incurred or expended
in connection therewith, including but not limited to,
reasonable attorney fees at the trial and appellate levels
and court costs.
9. This AGREEMENT constitutes
between the parties, there being no
the entire agreement
oral and/or implied
agreements not specifically set forth herein.
10o The governing law of this AGREEMENT shall be
construed and determined in accordance with the laws of the
State of Florida. With respect to any litigation venue
shall be in Palm Beach County, Florida.
11. No waiver of any of the provisions of this
AGREEMENT shall be effective unless it is in writing, signed
by the party against whom is to be asserted and any such
written waiver shall only be applicable to the specific
instance which it relates and shall not be deemed to be a
continuing or future waiver.
12. This AGREEMENT shall be recorded amongst the
Public Records of Palm Beach County, Fl-orida and shall run
.with the tand.
~his AGREEMENT
OWNER.
-ALi costs associated with the recordation of
shall be solely the respons%bility of the
131- ~a~h person .executing this AGREEMENT on~ beh~f of
either party h~reby warrants that he q~ she has~fgl!~~egal
power and authority to ex~cute ~t~is AGREEMENT~on~bek~f of
the party for whom he or She ~is executing, and to b~ and
obligate ~suchpa-rty with ~es~pe.~tLt~al~prgv~isi°ns c~ntained
in this ~GREEMENT.
14. OWNER shall observe
regulations of the CITY, County,
relating to the PROPERTY.
15. The CITY reserves the
landscape improvements at any time
appropriate in its sole discretion.
16. It is recognized and agreed that
default under the terms of this
all laws, ordinances and
State and Federal agencies
right to remove
if the CITY deems
in the event
Agreement,
the
it
of a
the
non-defaulting party shall be entitled to bring suit for
legal and equitable-relief, and shall, without limiting its
other rights may terminate this agreement by providing
written Notice of Default.
17. This Agreement shall be binding upon the CITY and
OWNER and their respective successors and assigns.
IN WITNESS WHEREOF the parties hereto have set their
hands and seals the day and year first written above.
Signed, sealed and delivered
in the presence of:
ATTEST:
CI ~ CLERK
(Corporate Seal
THE CITY OF BOYNTON BEACH
MAYOR
Signed, sealed and delivered
in the presence of:
OWNER
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
On this ~ day of ~T~ , 1991,
before me a Notary' Public in and for said County of Palm
Beach, State of Florida, residing therein, duly commission
and sworn, personally appeared, Arline Weiner ,
known to me to be the Mayor and Suzanne Kruse ,
knoWn to me to be the City Clerk of the City of Boynton
Beach, Florida, the municipal corporation that executed the
within instrument, and acknowledged to me that suck
corporation executed the same.
WITNESS my hand and official seal in the County and
State last aforesaid this ~ day of ~EPrE~ ,
-1991.
.~i¥ COM~tSSION EXPIRES: APRIL 17. 'J992,
Notary Public
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
On this day of , 1991,
before me a Notary Public in and for said County of Palm
Beach, State of Florida, residing therein, duly commission
and sworn, personally appeared
, known to me to be the person described in
and who executed the foregoing instrument, and he
acknowledged to me that he executed the same.
My Commission Expires:
Notary Public
AGRMT.JDM
5/31/91