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HomeMy WebLinkAboutR-1994-098RESOLUTION NO.9B-94 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE TRAFFIC ENGINEERING AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA; AND PROVIDING FOR AN EFFEGTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That that certain Traffic Engineering Agreement between Broward County and the City of Dania, a copy of which is attached hereto as Exhibit "A", be and the same is hereby approved and the appropriate city officials are hereby authorized to execute same. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSEDandADOPTED16;" 12th dlyof ATTEST: City Clerk-Auditor APPROVED FOR FORM AND CORRECTNESS /'d Ju 1y 1994. Frank C. Adler, City Attorney ayor - Com roner By: Resolution No. 9B-94 AGREEMENT Between BROWARD COUNTY and CITY OF DANIA for INSTALLATION OF MULTI-WAY STOP SIGNS AT THE INTERSECTION OF: NORTHEAST 2ND STREET AND GULFSTREAM ROAD IN THE CIry OF DANIA THIS lS AN AGREEMENT between: CITY OF DANIA, a municipal corporation of the State of Florida, its successors and assigns, hereinafter referred to as "ClTY", AND BROWARD COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY", by and through its Board of County Commissioners. WHEREAS, COUNTY performs traffic engineering functions for CITY pursuant to a Traffic Engineering Agreement between COUNry and Clry; and WHEREAS, CITY has requested that COUNTY install multi-way stop signs to control traffic at the intersection of: NORTHEAST 2ND STREET AND GULFSTREAM ROAD in the City of Dania; and WHEREAS, as a result of traffic studies, it is the finding of COUNTY, by its Traffic Engineering Division, that the requested multi-way stop signs are not warranted for installation at said intersection; W lT N E S S E T H, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and COUNTY hereby agree as follows CITY shall, at its sole cost and expense, indemnify, defend and hold harmless the COUNTY, its officers, agents and employees, from and against any and all claims, 1 EXHIBIT'A" legal or suit actions, damages, liabilities, expenditures, or causes of action of any kind or nature that may be filed against the COUNTY, its officers, agents or employees, arising from the installation of multi-way stop signs at the intersection of: NORTHEAST 2ND STREET AND GULFSTREAM ROAD in the City of Dania, pursuant to this Agreement. 2. CITY shall defend, at its sole cost and expense, any legal action, claim, or proceeding instituted by any person against the couNry as a result of any claim, suit or cause of action accruing from this Agreement, for injuries to body, life, limb or property. 3. CITY shall save the couNry harmless from and against all judgements, orders, decrees, attorneys'fees, costs, expenses and liabilities incurred in and about any such claim investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. 4. clTY further agrees to indemnify, hold harmless and defend couNTY from and against any claim, demand or cause of action of any kind or nature arising out of any conduct or misconduct of the clTY for which the coUNTY, its agents, servants or employees are alleged to be liable. 5. The covenants and representations relating to the indemnification provisions herein shall survive this Agreement and continue in full force and effect as to cITY'S responsibility to indemnify COUNTY. 6. COUNry therefore agrees that in consideration of the indemnification given by CITY in this Agreement, that couNTY will install multi-way stop signs at the intersections of: NORTHEAST 2ND STREET AND GULFSTREAM ROAD in the City of Dania lN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: clTY oF DANIA, signing by and through its Mayor and City Manager duly authorized to execute same, and BROWARD COUNTY, through its BoARD OF COUNTY COMMISSIONERS, signing by and through its chairman, authorized to execute same by Board action on the - day of 1994. ctry WITNESSES ATTEST: Wanda Mullikin, City Clerk (coRPoRATE SEAL) APPROVED FOR FORM AND CORRECTNESS BY: Frank C. Adler, City Attorney CIry OF DANIA BY Robert A. Mikes, Mayor BY Robert F. Flatley, City Manager BROWARD COUNry, through its BOARD OF COUNTY COMMISSIONERS By Chairman _ day of , 1994. Approved as to form by Office of County Attorney, Broward County, Florida John J. Copelan Jr., County Attorney Governmental Center, Suite 423 1 15 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305)357-7600 Telecopier: (305)357-7641 By COUNTY ATTEST County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida