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2001-088 LRM Agreement - PF Road CRALLS DesignationRESOLUTION 88-2001 A RL'SOI,UTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM B}?ACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK '1'O IsN"I'LR INTO AN AGREEMENT WITH LAND RESEARCH MANAGEMENT, INC., (LRM) A7'TACHF.D AS F,XHIBIT "A", WHICH AGREEMENT SECURES THE SERVICES OF LRM POK PKEPARATION OF A COMPREHENSIVE PLAN AMENDMENT PERTAINING TO THE CONSTRAINED ROADWAY AT A LOWER LEVEL OF SERVICE (GRACES) DESIGNA770N OI' PROSPERITY FARMS ROAD, BETWEEN BURNS ROAD AND NORTHLAKE BOULEVARD WITHIN THE VILLAGF, OF NORTH PALM BEACH; AND, PROVIDING FOR AN F;FFECTIVE DATE. BP. IT RFiSOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Agreement with Land Research Management, Inc., (LRM) attached as Exhibit "A", which Agrecment secures the services of LRM for preparation of a Comprehensive Plan Amendment pertaining to the constrained roadway at a lower level of service (GRACES) designation of Prosperity Farms Road, between Burns Road and Northlake Boulevard within the Village of North Palm Beach. Section 2. 7'he Mayor and Village Clerk are hereby authorized and directed to execute the Agreement with band Research Management, Inc., (LRM) set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This resolution shall take effect immediately upon its adoption. PASSF;D AND ADOPTED THIS 25th DAY OF OCTOBER, 2001. (Village Seal). • ATTEST: VILLAGE CLERK AGREEMENT • AGREEMENT made by and between the Village of North Palm Beach, Florida, (herein referred to as the "Village") and Land Research Management, Inc. WITNESSETH WHEREAS, the Village desires to appoint a Consultant to prepare Comprehensive Plan Amendments, pursuant to Florida law; and WHEREAS, Land Research Management, Inc. has established itself as a qualified consulting firm capable of preparing said amendments; and WHEREAS, Land Research Management, Inc. wishes to accept appointment as Consultant for the Village under the terms and conditions stated herein. NOW, THEREFORE, the parties hereto do mutually agree as follows: I. DUTIES. The Village hereby appoints Land Research Management, Inc., (hereinafter refereed to as "LRM, INC.") as its Consultant to perform the duties as specified herein. II. SCOPE OF SERVICES. A. LRM, INC. shall prepare a public hearing ready copy of the Comprehensive Plan Amendment pertaining to the Constrained Roadway at a Lower Level of Service (GRACES) designation of Prosperity Farms Road, between Burns Road and Northlake Boulevard. LRM, INC. shall also be responsible for preparing any responses to the Objections, Recommendations, and Comments (ORC) report to be issued by the Florida Department of Community Affairs (FDCA) regarding the proposed Comprehensive Plan Amendments. B. The Village shall: 1. Provide any and all Village data, records and information and materials necessary for preparation, completion and adoption of the Comprehensive Plan Amendment. 2. Be responsible for repYoduction of the necessary copies of the documents prepared by LRM, INC. pursuant to the Scope of Services. • -1- 3. Submit for publication, all required public notices related to the legal • advertising of the work products prepared by L12M, INC. pursuant to the Scope Of Services. IH. COMPENSATION AND METHOD OF PAYMENT A. LRM, INC. shall be compensated for preparation of the documents set forth herein in the amount oftwo-thousand dollars ($2,500.00). B. LItM, INC. shall invoice the Village on or before the 1" day of each month for services rendered by LRM, INC. during the previous month. Payments shall be received by L1tM, INC. on or before the 15th of each month. C. Non-payment on or within the herein specified dates or time period shall, at the option of Lt2M, INC., result in the immediate ceasing of all remaining or continual services as set forth above and shall remain so until payment is received by LRM, INC. IV. TIME OF PERFORMANCE. A. Work performed by LRIv1, INC. shall commence upon execution of this Ageement by both parties, and continue through submittal and approval by the Village of the work products prepared hereunder. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Village to immediately terminate the services of LItM, INC., at any time with or without cause. L1tM, Inc. shall be paid for its services rendered to date of termination of the Agreement. V. GENERAL STATEMENTS. A. If the Village desires additional or continued assistance by LRiv1, INC., in, furtherance of the adoption of the Comprehensive Plan amendments, LRM, INC. agrees to perform such work on a chargeable rate of Sixty Dollars ($60.00) per man hour, plus reimbursable expenses. B. LI2M, INC. shall be authorized under the terms of this Agreement to subcontract professional services if, and when, deemed necessary in the performance of the aforementioned work elements. The costs of all such work so subcontracted shall be included in the compensation payable to LI2M, INC. • -2- C. No modification or change of this Agreement shall be valid or binding upon the parties, unless in writing and executed by the party or parties to be bound thereby. • D. In the event that any part, term or provision of this Agreement is found by a court of competent jurisdiction to be illegal, the validity of the remaining portions and provisions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be so invalid. E. In the event of a breach of this Agreement requiring the services of attorneys, the prevailing party shall recover attorney's fees and costs, whether or not the matter results in litigation and whether or not litigation results in appeal. IN WITNESS WHEREOF, the Village of North Palm Beach, Florida, and LRM, INC. have executed this Agreement on this day and year first above written. Village o P each, Florida By. ayor ATTEST: DATE: ~6~.36/U' ~~ Village Clerk ~ WITNESSES: Land Research Management, Inc. By. ~- J s P. Fleisc ann V e President • -3-