HomeMy WebLinkAboutR-2002-165 I
RESOLUTION NO. 2002-165
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE AGREEMENT BETWEEN BROWARD COUNTY
AND THE CITY OF DANIA BEACH PROVIDING FOR
"TRAFFICWAY ILLUMINATION AND BEAUTIFICATION FOR
IMPROVEMENTS TO RAVENSWOOD ROAD FROM STIRLING
ROAD TO GRIFFIN ROAD"; PROVIDING FOR THE EXECUTION
OF SAID AGREEMENT; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA;
Section 1. That that certain Agreement between Broward County and the City of Dania
Beach providing for"Trafficway Illumination and Beautification for Improvements to Ravenswood
Road from Stirling Road to Griffin Road", in substantial form as Exhibit "A", attached, is approved
and the proper city officials are authorized to execute it;
Section 2. That all resolutions or parts of resolutions in conflict with this resolution are
repealed to the extent of such conflict;
Section 3. That this resolution shall be in force and take effect immediately upon its
passage and adoption;
PASSED AND ADOPTED on the 2 NRROBRT
September,
ber, 20 0 H. CHUNN JR.
— COMMISSIONER
AT EST: ROLL CALL:
COMMISSIONER BERTINO - YES
�-� 4"kj COMMISSIONER MCELYEA - YES
ARLENE J H SON COMMISSIONER MIKES -ABSENT
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
1 RESOLUTION NO. 2002- 165
APPROVED AS TO FORM AND CORRECTNESS:
• BY:
THbMA9 VA BRO
CITY ATTORNEY
' i
2 RESOLUTION NO. 2002- 165
a�,q_,ram
4'�
CITY OF DANIA
Utilities and Public Works Phone : 954-924-3742
P. O. Box 1708 Fax: 954-923-1109
Dania Beach FL 33004
September 11, 2002
City Attorney
Tom Ansboro
Tom,
Please review the enclosed agreement and comment if necessary. I assume that it is customary for
the county to retain ownership and we pay the maintainance. I personally am not comforatable with
that but if it is standard practice then so be it.
Thanks,
Mike
Michael eridan, P.E.
Director P lic Works & Utilities
I �
Public Works Department
Engineering Division
1 North University Drive, Suite 300E
• BROWARD COUNTY Plantation, FL 33324-2038
(954) 577-4555 • FAX (954) 577-2338
August 19, 2002
Micharl Sheridan, P.E.
Public Works Director
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach FL 33004
SUBJECT: Project 5223. Improvements to Ravenswood Road,
from Stirling Road to Griffin Road.
Maintenance Agreements between the City and the County.
Dear Mr. Sheridan:
Attached are four originals of the proposed Agreement for maintenance of the beautification and illumination
for the above project.
• Please review the documents, and if you find them acceptable have all four executed as originals and
returned to me for processing.
If you have any questions, please do not hesitate to call me at 954.577.4559.
Sincerely,
Wilfrid P.S. Stride, P.E.
Project Manager
cc: Henry P. Cook, P.E., Director
Richard C. Tornese, P.E., Assistant Director
Pamela M. Kane, Assistant County Attorney
Enrique A. Crooks, P.E., EAC Consulting, Inc.
file:\5223agmt.wpd
•
BROWARD.COUNTY BOARD OF COUNTY COMMISSIONERS—An Equal,Opportunity Employer and Provider of Services
Josephus Eggelletion,Jr. Ben Graber Suzanne N.Gunzburger Kristin D.Jacobs Ilene Lieberman Lori Nance Parrish John E.Rodstrom,Jr. James A.Scott Diana Wasserman-Rubin
Visit us on the Internet:www.broward.org
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
TRAFFICWAY ILLUMINATION AND BEAUTIFICATION
FOR IMPROVEMENTS TO RAVENSWOOD ROAD
FROM STIRLING ROAD TO GRIFFIN ROAD
Project No. 5223
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
TRAFFICWAY ILLUMINATION AND BEAUTIFICATION
FOR IMPROVEMENTS TO RAVENSWOOD ROAD
FROM STIRLING ROAD TO GRIFFIN ROAD
Project No. 5223
This is-an Agreement made and entered into by and between BROWARD COUNTY,
a political subdivision of the state of Florida, its successors and assigns, hereinafter
referred to as "COUNTY," through its Board of County Commissioners,
AND
CITY OF DANIA BEACH, a municipal corporation located in Broward County,
Florida, and organized and existing under the laws of the state of Florida, its successors
and assigns, hereinafter referred to as "MUNICIPALITY."
WI T N E S S E T H.-
WHEREAS, Ravenswood Road from Stirling Road to Griffin Road is a public
trafficway (hereinafter referred to as the "Trafficway") located within the corporated limits
of MUNICIPALITY; and
WHEREAS, it is of mutual benefit to the residents of COUNTY and MUNICIPALITY
to illuminate the trafficway by installation and maintenance of lighting systems; and
WHEREAS, it is also of mutual benefit to the residents of COUNTY and
MUNICIPALITY to beautify the Trafficway by the installation of landscaping; and
WHEREAS,MUNICIPALITY has expressed its desire to undertake the maintenance
responsibilities of the illumination and beautification of the Trafficway; and
WHEREAS, MUNICIPALITY, by resolution of its governing body adopted on the
• day of , 20 , has approved joint illumination, beautification
and maintenance of the trafficway with COUNTY pursuant to the terms of this Agreement
and has authorized the appropriate officers of MUNICIPALITY to execute this Agreement;
and
WHEREAS, COUNTY, by action of its Board of County Commissioners on the
day of ,20 , has likewise approved the joint illumination,
beautification and maintenance of the trafficway with MUNICIPALITY and has authorized
the appropriate COUNTY officers to execute this Agreement; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payment hereinafter set forth, COUNTY and MUNICIPALITY agree as follows:
ARTICLE 1 - DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement: "Agreement'shall mean this document, Articles 1 through 9, inclusive.
Other terms and conditions are included in the exhibits and docurnents that are expressly
incorporated by reference.
1.2 Board: "Board" shall mean the Broward County Board of County Commissioners.
• 1.3 Contract Administrator: "Contract Administrator" shall mean the Broward County
Administrator, the Director of Public Works, or the designee of such County Administrator
or Director. The primary responsibilities of the Contract Administrator are to coordinate
and communicate with MUNICIPALITY and to manage and supervise execution and
completion of the Scope of Services and the terms and conditions of this Agreement as set
forth herein. In the administration of this Agreement, as contrasted with matters of policy,
all parties may rely on the instructions or determinations made by the Contract
Administrator; provided, however,that such instructions and determinations do not change
the Scope of Services.
1.4 COUNTY: "COUNTY" shall mean Broward County, through the Board, a political
subdivision of the state of Florida.
1.5 County Attorney: "County Attorney"shall mean the chief legal counsel for COUNTY
who directs and supervises the Office of the County Attorney pursuant to Section 4.03 of
the Broward County Charter.
1.6 Landscape:"Landscape"or"Landscaping"shall mean living plant materials such as
grasses, ground cover, shrubs, vines, trees or palms and nonliving durable materials
commonly used in environmental design such as, but not limited to, rocks, pebbles, sand,
walls or fences, aesthetic grading or mounding, decorative paving, and irrigation systems.
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1.7 MUNICIPALITY: "MUNICIPALITY" shall mean the City of Dania Beach.
ARTICLE 2 - SCOPE OF SERVICES
2.1 ILLUMINATION AND MAINTENANCE. COUNTY and MUNICIPALITY shall
participate in the illumination and maintenance of the Trafficway in the manner set forth in
this Agreement.
2.1.1 COUNTY shall:
2.1.1.1 Prepare, or cause to be prepared, sodium vapor design plans
and specifications for the illumination of the Trafficway. Such plans and
specifications shall be reviewed and approved by the Contract Administrator
and a representative of MUNICIPALITY and shall substantially conform to
the Standard Specifications for Highway Lighting established by the Florida
Department of Transportation.
2.1.1.2 In accordance with the approved design plans and
specifications, install, or cause to be installed, a lighting system along the
Trafficway. Following installation, COUNTY shall provide to MUNICIPALITY
the design plans, specifications and warranties, if any.
2.1.2 MUNICIPALITY shall:
2.1.2.1 Take all necessary steps to properly establish an electrical energy
account with the MUNICIPALITY's electrical energy supplier for the lighting
system and shall agree to pay all electrical energy charges prior to the initial
energizing of the lighting system.
2.1.2.2 Maintain the lighting system along the Trafficway, in
accordance with the approved design plans and specifications and in
substantial conformance with the Standard Specifications for Highway
Lighting adopted by the Florida Department of Transportation. As part of
such maintenance responsibility, MUNICIPALITY shall keep in good repair,
and replace, defective or worn out lighting system parts and equipment
which system parts and equipment shall include, but not be limited to, poles,
luminaries, and circuitry. MUNICIPALITY'S responsibility to keep the system
in good repair shall include all necessary maintenance, repair and
replacement of any type or nature, including, but not limited to, maintenance,
repair and replacement due to normal wear and tear, acts of God, vandalism
and accidents.
2.1.3 COUNTY and MUNICIPALITY agree and understand that the lighting
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system, so installed, shall remain the property of COUNTY after installation and
shall not be moved or relocated without the express written consent of the Contract
Administrator, and that this Agreement shall not affect COUNTY's responsibility for
installation and maintenance of traffic control signals and devices along the
Trafficway.
2.2 BEAUTIFICATION. COUNTY and MUNICIPALITY shall participate in the
beautification of the Trafficway in the manner set forth in this Agreement.
2.2.1 COUNTY shall:
2.2.1.1 Prepare, or cause to be prepared, plans and specifications for
the beautification of the Trafficway. Such plans and specifications shall be
reviewed and approved by the Contract Administrator and a representative
of MUNICIPALITY.
2.2.1.2 In accordance with the approved design plans and specifica-
tions, install, or cause to be installed, landscaping along the Trafficway.
Following installation, COUNTY shall provide to MUNICIPALITY the design
plans, specifications and warranties, if any.
2.2.2 MUNICIPALITY shall
2.2.2.1 Maintain, or contract for the maintenance of, all landscaping
within the Trafficway to include but not limited to properly fertilize all
vegetation; keep all vegetation as free from disease and 'harmful insects as
practicable; properly mulch the vegetation beds, keeping them free from
weeds; periodically mow the grass in order to maintain a neat and proper
appearance; prune all plants so as to remove all dead or diseased parts of
plants and all parts of plants which present a visual hazard or physical
obstacle to the use of the trafficway; remove and replace all vegetation which
is dead or diseased or which otherwise falls below the initial level of
beautification of the trafficway and keep litter removed from the trafficway.
Any replacement of vegetation as required herein, shall be accomplished by
the use of plants of the same grade as specified in the original approved
plans and specifications and shall be of the same size as those existing at
the time of replacement.
2.2.1.2 Take all necessary steps to properly establish the necessary
utility accounts with the MUNICIPALITY'swater and electrical supplierfor the
irrigation system and shall agree to pay all water and electrical energy
charges upon installation of the irrigation system.
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2.3 COUNTY and MUNICIPALITY agree and understand that the Trafficway shall
• remain classified as a County road.
ARTICLE 3 - COSTS
3.1 ILLUMINATION
3.1.1 COUNTY shall be responsible for all costs associated with Article 2, Section
2.1.1, during the term of this Agreement, except as otherwise specifically set forth
herein.
3.1.2 MUNICIPALITY shall be responsible for all costs associated with Article 2,
Section 2.1.2, during the term of this Agreement.
3.2 BEAUTIFICATION
3.2.1 COUNTY shall be responsible for all costs associated with the services
required by Article 2, Section 2.2.1, herein above during the term of this Agreement.
3.2.2 MUNICIPALITY shall be responsible for all costs associated with the services
required by Article 2, Section 2.2.2, herein above during the term of this
Agreement.
ARTICLE 4 - TERM AND TERMINATION
4.1 The term of this Agreement shall begin on the date it is fully executed by both
parties and shall terminate as provided for by Sections 4.2 through 4.6 herein below.
4.2 This Agreement may be terminated for cause by COUNTY, through action of the
Board, or by MUNICIPALITY, upon a thirty(30)day written notice given by the terminating
party to the other party setting forth the breach. If MUNICIPALITY, or COUNTY, corrects
the breach within thirty (30) days after written notice of same, to the satisfaction of the
terminating party, the Agreement shall remain in full force and effect. If such breach is not
corrected and improved within thirty(30)days of receipt of notice of breach,the terminating
party may terminate the Agreement. Specifically in the case of MUNICIPALITY's
requirement to maintain the illuminated Trafficway and/or to maintain the beautified
Trafficway COUNTY, at the option of the Contract Administrator, may cause such breach
to be corrected and improved and bill MUNICIPALITY for the costs of such correction and
improvement or terminate this Agreement. If COUNTY opts to correct and improve the
breach and bill MUNICIPALITY for same, MUNICIPALITY shall then remit to COUNTY the
amount so billed within thirty (30) days of MUNICIPALITY's receipt thereof.
4.3 Termination of this Agreement for cause shall include, but not be limited to, failure
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of the parties to suitably perform the services required by Article 2 herein, and failure of the
• parties to continuously perform the services required by the terms and conditions of this
Agreement in a manner calculated to meet or accomplish the objectives set forth herein,
notwithstanding whether any such breach was previously waived or cured.
4.4 This Agreement may be terminated for convenience by either party upon a thirty
(30) day written notice given by the terminating party to the other party. This Agreement
may also be terminated by COUNTY's Contract Administrator upon such notice as
Contract Administrator deems appropriate in the event that the Contract Administrator
determines that termination is necessary to protect the public health, safety, or welfare.
4.5 In the event this Agreement is terminated for convenience, upon being notified of
election to terminate, the parties shall refrain from performing further services or incurring
additional expenses under the terms of this Agreement. MUNICIPALITY acknowledges
and agrees that Ten Dollars ($10.00), the adequacy of which is hereby acknowledged by
MUNICIPALITY, is given as specific consideration to MUNICIPALITY for COUNTY's right
to terminate this Agreement for convenience.
4.6 Notice of termination shall be provided in accordance with Article 6, "NOTICES,"
herein except that notice of termination by Contract Administrator which Contract
Administrator deems necessary to protect the public health, safety, or welfare may be
verbal notice which shall be promptly confirmed in writing in accordance with Article 6,
"NOTICES," herein.
ARTICLE 5 - CHANGES IN SCOPE OF SERVICES
Any change to the Scope of Services must be accomplished by a written
amendment, executed by the parties in accordance with Section 9.11 below.
ARTICLE 6 - NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt requested, or
by hand-delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified. The place for
giving notice shall remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present, the parties designate the following:
FOR BROWARD COUNTY:
Director
Engineering Division
® One University Drive
6
Plantation, Florida 33317
FOR MUNICIPALITY:
ARTICLE 7 - INDEMNIFICATION
MUNICIPALITY is a state agency or political subdivision as defined in Chapter
768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its
agents or employees.to the extent permitted by law. Nothing herein is intended to serve
as a waiver of sovereign immunity by any party to which sovereign immunity may be
applicable. Nothing herein shall be construed as consent by a state agency or political
subdivision of the state of Florida to be sued by third parties in any matter arising out of this
Agreement or any other contract.
ARTICLE 8 - INSURANCE
The parties hereto acknowledge that MUNICIPALITY is a self-insured governmental
entity subject to the limitations of Section 768.28, Florida Statutes. The MUNICIPALITY
® shall institute and maintain a fiscally sound and prudent risk management program with
regard to its obligations under this Agreement in accordance with the provisions of Section
768.28, Florida Statutes.
ARTICLE 9 - MISCELLANEOUS
9.1 OWNERSHIP OF DOCUMENTS. Any and all reports, photographs, surveys, and
other data and documents provided or created in connection with this Agreement are and
shall remain the property of COUNTY. In the event of termination of this Agreement, any
reports, photographs, surveys, and other data and documents prepared by
MUNICIPALITY, whether finished or unfinished, shall become the property of COUNTY
and shall be delivered by MUNICIPALITY to the Contract Administrator within seven (7)
days of termination of this Agreement by either party.
9.2 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT. MUNICIPALITY shall not unlawfully discriminate
against any person in its operations and activities or in its use or expenditure of funds in
fulfilling its obligations under this Agreement. MUNICIPALITY shall affirmatively comply
with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of
providing any services funded by COUNTY, including Titles I and II of the ADA (regarding
nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and
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standards. In addition, MUNICIPALITY shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons. Such actions shall include, but
not be limited to, the following: employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff, termination, rates of pay, other forms of compensation,
terms and conditions of employment, training (including apprenticeship), and accessibility.
9.2.1 MUNICIPALITY's decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age, religion,
color, gender, sexual orientation (Broward County Code, Chapter 16'/z), national
origin, marital status, physical or mental disability, political affiliation, or any other
factor which cannot be lawfully used as a basis for service delivery.
9.2.2 MUNICIPALITY shall not engage in or commit any discriminatory practice in
violation of the Broward County Human Rights Act (Broward County Code,
Chapter 16'/z) in performing any services pursuant to this Agreement.
9.3 THIRD PARTY BENEFICIARIES. Neither MUNICIPALITY nor COUNTY intends to
directly or substantially benefit a third party by this Agreement. Therefore, the parties
agree that there are no third party beneficiaries to this Agreement and that no third party
shall be entitled to assert a claim against either of them based upon this Agreement. The
parties expressly acknowledge that it is not their intent to create any rights or obligations
in any third person or entity under this Agreement.
9.4 ASSIGNMENT AND PERFORMANCE. Neither this an nor Agreement interest
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herein shall be assigned, transferred, or encumbered by either party. MUNICIPALITY
represents that all persons delivering the services required by this Agreement have the
knowledge and skills, either by training, experience, education, or a combination thereof,
to adequately and competently perform the duties, obligations, and services set forth in the
Scope of Services and to provide and perform.such services to COUNTY's satisfaction.
MUNICIPALITY shall perform its duties, obligations, and services under this Agreement
in a skillful and respectable manner. The quality of MUNICIPALITY's performance and all
interim and final product(s)provided to or on behalf of COUNTY shall be comparable to the
best local and national standards.
9.5 MATERIALITY AND WAIVER OF BREACH. COUNTY and MUNICIPALITY agree
that each requirement, duty, and obligation set forth herein is substantial and important to
the formation of this Agreement and,, therefore, is a material term hereof. COUNTY's
failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A waiver of any breach of a provision of this
Agreement shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Agreement.
9.6 COMPLIANCE WITH LAWS. MUNICIPALITY shall comply with all federal, state,
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and local laws, codes, ordinances, rules, and regulations in performing its duties,
responsibilities, and obligations pursuant to this Agreement.
9.7 SEVERANCE. In the event a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be effective
unless COUNTY or MUNICIPALITY elects to terminate this Agreement. An election to
terminate this Agreement based upon this provision shall be made within seven (7) days
after the finding by the court becomes final.
9.8 JOINT PREPARATION. The parties acknowledge that they have sought and
received whatever competent advice and counsel as was necessary for them to form a full
and complete understanding of all rights and obligations herein and that the preparation
of this Agreement has been their joint effort. The language agreed to expresses their
mutual intent and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other.
9.9 PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached hereto, any document
or events referred to herein, or any document incorporated into this Agreement by
reference and a term, statement, requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in Articles 1 through 9 of this Agreement
shall prevail and be given effect.
9.10 APPLICABLE LAW AND VENUE. An controversies or legal problems arising out
Y 9 P 9
of this transaction and this Lease and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the State
courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and
shall be governed by the laws of the State of Florida.
9.11 AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document
prepared with the same or similar formality as this Agreement and executed by the Board
and MUNICIPALITY.
9.12 PRIOR AGREEMENTS. This document incorporates and includes all prior
negotiations,correspondence,conversations, agreements,and understandings applicable
to the matters contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are
not contained in this document. Accordingly, the parties agree that no deviation from the
terms hereof shall be predicated upon any prior representations or agreements, whether
oral or written. It is further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless set forth in writing in
accordance with Section 9.11 above.
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9.13 INCORPORATION BY REFERENCE. The truth and accuracy of each "Whereas"
clause set forth above is acknowledged by the parties. Any attached exhibits are
incorporated into and made a part of this Agreement.
9.14 MULTIPLE ORIGINALS. This Agreement may be fully executed in four (4) copies
by all parties, each of which, bearing original signatures, shall have the force and effect of
an original document.
[Intentionally left blank]
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: BROWARD COUNTY through
its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice
Chair, authorized to execute same by Board action on the day of
20 , and CITY OF DANIA BEACH, signing by and through its
duly authorized to execute same.
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and Ex-Officio
Clerk of the Board of County By
Commissioners of Broward County, Chair
Florida
day of_ ,20
Approved as to form by
Office of County Attorney
• Broward County, Florida
EDWARD A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By _
Pamela M. Kane
Assistant County Attorney
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AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACHY FOR
TRAFFICWAY ILLUMINATION AND BEAUTIFICATION FOR IMPROVEMENTS TO
RAVENSWOOD ROAD BETWEEN STIRLING ROAD AND GRIFFIN ROAD
WITNESSES: !47' D IA BEAC
By ,...
Mayor-Commissioner
da of jd� , 20 d y
ATTEST:
City Clerk City Manager
d day ofAjptj"=��, , 20 0
(CORPORATE SEAL)
APPROVED AS TO FO
By
® -
Y
City ttorney
PMK
7/29/02
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#02088.05
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