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2009-10 Modifying Conditions of Live Oak Plaza Annexation• ORDINANCE 2009-10 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 2008-10 TO MODIFY THE CONDITIONS FOR THE ANNEXATION OF LIVE OAK PLAZA AND EXTEND THE DEADLINES RELATING TO SIGNAGE AND THE INSTALLATION OF LANDSCAPING IMPROVEMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance No. 2008-10, the Village Council voluntarily annexed Live Oak Plaza into the corporate limits of the Village subject to specified conditions; and WHEREAS, Ordinance No. 2008-10 had an effective date of October 11, 2008; and WHEREAS, the conditions for annexation required, among other things, that the property owner obtain approval of a Master Signage Plan and bring the property into compliance with all of the requirements of Article V (Signs and Outdoor Displays) of Chapter 6 of the Village Code within one year of the effective date of the Ordinance (or by October 11, 2009); and WHEREAS, the conditions further required the property owner to install landscaping improvements within the Alternate AlA frontage and the median from the south property line to Richard Road within 180 days of the effective date of the Ordinance (or by Aprii 8, 2009); and WHEREAS, due to the downturn in the economy, the property owner has requested an extension of the conditions relating the Master Signage Plan and compliance with the Village Sign Code and the installation of the landscaping along the Alternate Al A frontage and median. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing "Whereas" clauses are hereby ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby extends the deadline for bringing the property into compliance with all requirements of Article V (Signs and Outdoor Displays) of Chapter 6 of the Village Code and conformance to the approved Master Signage Plan to October 1, 2010. Section 3. The Village Council hereby extends the deadline for the installation of landscaping along the Alternate AlA frontage in accordance with the requirements of Ordinance No. 2008-10 to April 8, 2010. The installation of landscaping within the Alternate AIA median shall be completed within thirty (30) days of the effective date of this Ordinance. i Section 4. To the extent not expressly modified herein, all provisions of Ordinance No. 2008-10 remain in full force and effect. Page 1 of 2 Section 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is • for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. Section 6. This Ordinance shall be effective immediately upon adoption. PLACED ON FIRST READING THIS 9th DAY OF JULY, 2009. PLACED ON SECOND, FINAL READING AND PASSED THIS 23rd DAY OF JULY, 2009. (Village Seal) ATT~S'f ~~~- VILLAGE CLERK tiPPRO V ED AS T C'i F^vRivi Ai~D LEGAL SUFFICIENCY: VILLAGE ATTORNEY • Page 2 of 2