Fillable MURAL REMOVAL AGREEMENT (City of Lake Worth Beach)

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MURAL REMOVAL AGREEMENT (City of Lake Worth Beach)

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1
Mural Removal
Agreement 2018 rev.
Return to:
City Clerk
City of Lake Worth Beach
7 North Dixie Highway
Lake Worth Beach,
Florida 33460
Property Control No.
MURAL REMOVAL AGREEMENT
THIS MURAL REMOVAL AGREEMENT is entered into this ____ day of _____________
20___, by and between the CITY OF LAKE WORTH BEACH, FLORIDA, a Florida Municipal
Corporation, whose address is 7 North Dixie Highway, Lake Worth Beach, Florida 33460 (“City”)
and (“Owner”) whose address is
and (if applicable)________________________, (“Tenant”), whose address is _______________.
WHEREAS, Owner does hereby covenant and represent that Owner is the fee simple
owner of certain real property located within the corporate boundaries of City, more particularly
identified as follows (the "Property"):
LEGAL DESCRIPTION:
_
STREET ADDRESS:
, Lake Worth Beach, Florida 33460; and
WHEREAS, pursuant to City Code § 23.5-1(e)13, Owner, Owner’s agents or Tenant,
and/or other authorized party, have applied to City for permission to apply a mural to the exterior
of the building located upon the Property; and
WHEREAS, City, through the applicable board, has granted Owner or Owner’s Tenant,
the approval to install a mural (“the Mural Approval”) on the Property with the following conditions
for removal of same.
NOW, THEREFORE, in consideration of issuance by City of the above-referenced Mural
Approval and other good and valuable consideration, receipt of which is hereby mutually
acknowledged, the parties hereto do hereby agree as follows:
1.
The recitals above are true and correct and are incorporated into this Agreement
by reference.
2.
Owner shall at no cost to City remove the mural subject to the Mural Approval, or
cause it to be removed, within thirty (30) days following receipt of written notification from
2
Mural Removal
Agreement 2018 rev.
City to Owner, or the Owner’s successors in interest, that the physical appearance of the mural
has deteriorated and no longer satisfies the terms of the Mural Approval and § 23.2-31(l) and §
23.5-1(e)13, Code of Ordinances of the City of Lake Worth Beach, as it may from time to time be
amended, or the mural is otherwise not in compliance with the Mural Approval. Receipt of the
written notice described herein shall be deemed to have been accomplished either: (A) upon the
date that written notice is delivered to Owner(s) by the U.S. Postal Service at the address shown
in the official records of the Palm Beach County Property Appraiser, as evidenced by a receipt for
certified mail; or (B) upon the date written notice is actually delivered to Owner(s) by City's agents.
If City is unable to deliver to Owner(s) personally, written notice may be left upon the Property in
a conspicuous place.
3.
Owner further agree that should Owner fail to remove the mural within the time
period specified herein, City may, at its exclusive discretion, take such reasonable action as
necessary to remove the mural from the Property, including but not limited to, entry upon the
Property to have the mural removed. Owner also agrees that Owner shall indemnify and hold City
harmless from any and all claims which may arise, directly or indirectly, in whole or in part, from the
City's entry upon the Property to accomplish the purposes identified in this Agreement, including
but not limited to, the negligence of the City, its officials, employees, agents, or contractors;
or any other claim related to this Agreement. This indemnification and hold harmless shall survive
the expiration or termination of this Agreement.
4.
Owner further agrees to reimburse City for all reasonable costs incurred by City
in enforcing this Agreement, including but not limited to, all costs associated with hiring
professional painters or other qualified persons to remove the mural. Said reimbursement shall
be accomplished within thirty (30) days of the City invoicing Owner; otherwise, City may seek all
legal remedies available under state law.
5.
Owner agrees that any remedies available to City by this Agreement shall be in
addition to and shall not qualify or limit any additional remedies City may have pursuant to City's
code enforcement powers or otherwise by law.
6.
The parties hereto agree that this Agreement may be recorded in the official
records of Palm Beach County and shall be binding upon their heirs, personal representatives,
grantees, successors in interest, or assigns.
7.
If any term or provision of this Agreement, to any extent, be held invalid or
unenforceable, the remainder of this Agreement shall not be affected, and every other term and
provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law.
8.
Failure of a party to enforce or exercise any of its rights under this Agreement shall
not be deemed a waiver of that party’s right to enforce or exercise said right at any time thereafter.
9.
Any provision of this Agreement which is of a continuing nature or imposes an
obligation which extends beyond the term of this Agreement, whether or not the survivability is
mentioned within the particular provision, shall survive its expiration or earlier termination.
[SIGNATURES ON FOLLOWING PAGES]
3
Mural Removal
Agreement 2018 rev.
Whereupon the parties hereto have set their hands and seals upon the day first above
written.
Witness: OWNER:
Name Signed Name Signed (authorized person)
Name Printed Name Printed
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me this ______ day of ___________________,
20___, by _____________________________________ who is personally known to me or who produced a
__________________________ as identification. He/she did not take an oath.
(NOTARY SEAL)
(Signature of Notary Public)
(Name of Notary)
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
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4
Mural Removal
Agreement 2018 rev.
Witness: TENANT:
Name Signed Name Signed (authorized person)
Name Printed Name Printed
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me this ______ day of ___________________,
20___, by _____________________________________ who is personally known to me or who produced a
__________________________ as identification. He/she did not take an oath.
(NOTARY SEAL)
(Signature of Notary Public)
(Name of Notary)
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
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5
Mural Removal
Agreement 2018 rev.
ATTEST: THE CITY OF LAKE WORTH BEACH,
FLORIDA
a Florida Municipal Corporation
By:
City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
City Attorney
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me this ______ day of ___________________,
20___, by _____________________________________ who is personally known to me or who produced a
__________________________ as identification. He/she did not take an oath.
(NOTARY SEAL)
(Signature of Notary Public)
(Name of Notary)
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MURAL REMOVAL AGREEMENT (City of Lake Worth Beach)

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Completed 18 January 2021

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