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.
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.
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.
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.
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.
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.
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.
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.
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