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90-EEEEEERESOLUTION NO. 90- ~-~- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A PERMIT FOR LANDSCAPING WITHIN THE RIGHT-OF-WAY OF CONGRESS AVENUE BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH, FLORIDA, A COPY OF SAID PERMIT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has determined that it is in the best interests of the citizens of said City to execute a permit for landscaping within the right-of-way of Congress Avenue; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Boynton Beach, Florida, that: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a certain Permit between the City of Boynton Beach and Palm Beach County, a copy of which Permit is attached hereto as Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~ day of September, 1990. CITY BEACH, FLORIDA Mayor ATTEST: (Corporate Seal) CommissiB--nef ~ ' COmmlS s loner RECREATION & VI. PARK MEMORANDUM ~90-454 LEGAL C.12 cc: Eng, Parks TO: THROUGH: FROM: RE: DATE: J. Scott~Miller, City Manager Charles C~Frederick, Director Recreation & Park Department K~vin J. Ha!lahan ~ · Forester/Horticulturist '~ '' Catalina Center Median Landscape Permit August 30, 1990 Please place the attached permit on the Commission Agenda for the Mayor's szgnature. The landscaping/irrigation improvements will be installed by the developer and maintained by the Parks Division after completion. Attachment KJH:ad RESOLUTION NO. 90-~"'~-4:: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A PERMIT FOR RIGHT~ ~Et~E WHEREAS, the City Commission of the City of Boynton Beach, Florida has determined that it is in the best .nterests of the citizens of said City to execute a permit !or landscaping within the right-of-way of Congress Avenue; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Boynton Beach, Florida, that: Section 1. The Mayor and Cit~ Clerk are hereby authorized and directed to execute a certain Permit between the City of Boynton Beach and Palm Beach County, a copy of which Permit is attached hereto as Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of September, 1990. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: City Clerk Corporate Seal) ~ ' Count~ Aclm~ni~trator C~rol J. Elmquist, Chairma~n , Jan Winters Karen T. Marcus, Vice Chair Carol A. Roberts ~it not valid unless I~n~ Copy I~ sigM~d and returned within 15 days to:. k~"- = Land Dev~loprnent P~rmit Section p.q.. Box 2429 Wrist Palm Beach, PL 33402 City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 - PERMIT NO: LA 167-890 FEE: Waived ..DATEL. August 21, 1990 SUBJECT: CONGRESS AVENUE - INSTALL LANDSCAPING AND IRRIGATION FROM 700' 8OUTH OF NORTH WEST 22ND AVENUE APPROXIMATELY 2000' SOUTH. REFERENCED DRAWING: LA 167-890 Sheets 1, 2 &.3. Permit is hereby granted for landscaping within the rightrof-way of Congress Avenue subject to your acceptance of the following conditions: 1. That the landscaping within the right-of-way of Congress Avenue shall be owned and maintained by The City of Boynton Beach, any successors, legal heirs'and ass/gna. 2. The landscaping (existing and pronosed" in-~-~ ....... ' snail De the maintenance responsibility.of The City of Boynton Beach, any Successors; legal heirs a~d assigns.. The areas shall be the entire median, or 'the entire swale area, as applicable. 3. Any transfer of this Permit shell require the prio~ approval °f the Office Of The County EnginEer. The installation shall be in accordance with a set of plans bearing the stamp of approval of the office of the County Engineer. The plans and a copy of this permit shall be present at the site during construction. 5. The City of Boynton Beach, any successors, legal heirs or assigns shall obtain a permit from the Office of The County Engineer for any and all additions.or modifications to the landscaping within the right-of-wa~'o~,~ongress Avenue. 6. That no sight obstructions for-*the traveling public on- Congress Avenue shall be caUsed by the lan~ .......... - .... ±~,A of the u~d~lng WlE~ln the right-of-way.". ...._ "An Equal Opportunity - Affirmative Action E_mployer" ...~-.. ~ _ BOX 2429 WEST PALM BEACH, FLORIDA 3-.M-02:2429 (407) 68~. ~.O00 "-~ ': Landscaping Permit Congress Avenue City of Boynton Beach Page 2 of 4 7. The City of Boynton Beach, any successors, legal heirs or assigns, shall, upon request and within 30 days after notice by the Palm Beach County Engineer, remove or relocatethe landscaping from the right-of-way of Congress Avenue at no expense to Palm Beach County. This request can be initiated by the County Engineer with or without cause. 8. The City of Boynton Beach, any successors,-legal heirs or assigns, shall indemnify and hold Palm Beach County harmless from any and all claims, liability,~ losses and causes of action which'may arise out of performance of this Permit. The City of Boynton Beach, any successors, legal heirs or assigns..shall Ray ail.olaimsand losses of any nature whatsoever in c0nnedtion~herewith, and shall defend all suits in the name of Palm Beach County where applicable, and shall pay all costs of judgements which may arise thereon. The City of Boynton Beach, any successors, legal heirs or assigns] on demand oflthe Pal~ BeaCh'County E~gineer, shall, at its expense,'promptlycor~ect any failure of the landscaping within the right-of-way of-Congress Avenue that caused in the County Engineer's~opinion or contributed to the damage or ~failure ofany part of Congress %venue. The City · ~ legal heirs or assigns, of shall in repair the damage or failure sustained.by Congress Avenue. In the event that The city of~BoyntonlBeaoh, a~ySUocessors,"iegal heirs or assigns fail .to.repair Saidldama~e to congress Avenue within forty- eight hours cf notification of saiddamage or failure, Palm Beach County shall have the right to make any and all repairs, and in the event Palm Beach County should exercise and give effect!to such right, The City of BoyntonBeach, any successors, legal heirs Or assigns, Shall be liable to pay and indemnify Palm Beach! county upon completion of said repairs. The total cos.t may include engineering and legal fees. 10. 11. The Palm Beach County Engineer shall be the sole and final authority as toi theplaCementof landscaping and the quality and quantities of m~terials used in the installation of said landscaping andlcon~trudtion method thereof. In the E Cong~sss re] Avenue. or reconstruction of Beach, any successors, 30 days remove or the right-of-way of Congress Landscaping Permit Congress Avenue The City of Boynton Beach Page 3 of 4 12. If the landscaping is not removed or relocated pursuant to Sections 7 and 11 of this Permit, Palm Beach County shall have the right to remove or relocate said landscaping and the BeachPermitteeagreeScounty. to pay all costs thereby incurred by Palm 13. Roadway traffic shall not be interfered with during the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 plm., Monday thru Friday. Saturday or Sunday construction, shall be approved by Construction Coordination 48 hours in advance. Traffic control for installation and future main=enance shall be in accordance with the current Florida Department of Transportation, "Manual On Traffic Controls and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations,,. 14. Notification shall be given to the Construction Coordination Division, 684-4160, 48 hours prior to the commenceme work. The Construction Coordination Division-shall' - nt of establish, at its discretion, points of construction that require inspection. Contact the above number when the work is deemed complete, and a final inspection sha t~e Construction Coot ~_ ~_~ · , 11 be held by dina~,~ ~vis~on in the Presence of ~ representative.of the Permit holder. 15. If this Permit has been signed and returned within the time specified and Construction Coordination has not been contacted for inspection Within 360 calendar days from the date issued, this Permit shall become VOID. Sincerely yours,, Alan A. Kurtis, P.E., Director Land Development Division AAK:JEP:nm Landscaping Permit Congress Avenue The City of Boynton Page 4 of 4 Beach CONDITIONS ACCEPTED AS APPLICABLE: BY: Individual or BY: Representative or Agent of Governmental Agency BY: President/Vice Presiden{ Corporate Representative ATTESTED TO BY: ~ecretary (CORPORATE SEAL) cc: Construction Coordination James Snelgrove, Director - Road and Bridge Division