HomeMy WebLinkAboutR-1979-335 r
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RESOLUTION NO. 335
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENTS FOR ROAD CONSTRUCTION,
TRAFFIC WAYS ILLUMINATION, AND TRAFFIC WAYS
BEAUTIFICATION FOR COUNTY ROAD BOND PROJECT
NO. 4110 (GRIFFIN ROAD) ; AND AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE SAID AGREE-
MENTS; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That the City Commission of the City of Dania
hereby accepts and agrees to the terms , conditions and covenants ,
set forth in those certain agreements between Broward County and
the City of Dania for road construction, traffic ways illumination,
and traffic ways beautification covering the county Road Bond Pro-
ject No. 4110 (Griffin Road) , a copy of which is incorporated here-
in by reference and attached hereto as "Exhibit A" , and does hereby
authorize the execution of said agreements by the appropriate City
i Officials.
Section 2 . That the City Clerk is hereby directed to furnish w-
a copy of this resolution to Broward County, Florida.
Section 3 . That this resolution shall be in force and take
effect immediately upon its passage and adoption .
PASSED and ADOPTED on this 11thday of September 1979 .
MAYOR - COMMISSIONER
ATTEST:
.,CITY CLERK-AUDITOR
APPROVED FOR FORM
AANNpD CORRECTIVENESS:
BY:/Qu.�i C. f(1�
FRANK C. ADLER, City Attorney
City of Dania , Florida
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AGREEMENT FOR ROAD CONSTRUCTION PROJECT
Between
BROWARD COUNTY
and
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AGREEMENT FOR ROAD CONSTRUCTION PROJECT
Between
BROWARD COUNTY
and
ZDAA//A
This Agreement made and entered into by and between eroward
County, a political subdivision of the 5 to Florida (hereinafter referred to
as the "COUNTY"), and �/� ,L�NI a
municipal corporation organized and existing under the laws of the State of
Florida (hereinafter referred to as the "MUNICIPALITY").
WITNESSLfH :
WHEREAS, the voters of Broward County approved the General
Obligation Bond Issue on September 12, 1978, for the purposes of roads; and
WHEREAS, COUNTY shall use such funds for the purpose of financ-
ing certain road construction and improvements in the COUNTY; and
WHEREAS, the construction and improvement of Road Bond Project
Number 4110 ag6F5 /A/ PoA� _ (hereinafter
referred to as the and "PROJECT"), shall be financed from said Bond proceeds;
WHEREAS, COUNTY desires to rescind all existing agreements with
MUNICIPALITIES for road construction projects, thereby discharging said
MUNICIPALITIES' obligation for payment of their portion of the actual cost of
the PROJECT; and
WHEREAS, COUNTY desires to enter into this Agreement with those
MUNICIPALITIES as a replacement for said prior Agreement, or as a new
Agreement with those MUNICIPALITIES who had no prior Agreement with
COUNTY; and
WHEREAS, the PROJECT will be in the general public interest and
of substantial benefit to the residents of the COUNTY and MUNICIPALITY;
NOW, THEREFORE, in consideration of the mutual terms,. condi-
tions, promises, covenants and payment hereinafter set forth, the COUNTY
and MUNICIPALITY agree as follows:
Y for
1 . if MUNICIPALITY has entered into a writtnagreement with
rescinded and
construction of the PROJECT, such agreement said
each party is relieved of any and of thisall Agreement. Thens The Agreement contract rey
provided for in Paragraph 1(a) g
tract dated
ferred to herein is that certain con and the COUNTY
executed by and between
providing far joint participation in the construction and funding of the
PROJECT.
(a) MUNICIPALITY and COUNTY hereby agreaccountseasactons,thethsuitsf
them from any and all sums of money,
proceedings, claims and demands of whatsoever kind or description
, had or may have against the other for or
which either party has
by reason of or in respect of any act, cause, matter, or thing aris-
ing out of or existing in connection with the execution of said
contract.
2. COUNTY shall perform the following:
(a) Payment of construction Costs of the PROJEC I .
(b) Payment of the costs incurred after November 1, 1976, of acquiring
by purchase or
eminen
orttempo domain any
neasemen property
t,real anyn whether
license to enter
fee title, p to obtain right-of-way for road and
upon real property, necessary
drainage purposes, and for ingress and egress across real property
to the site of the PROJECT. Costs of acquiring right-of-way neces-
sary for the PROJECT incurred prior to Novemberever, any neces1976, ll
not be included in the cost of the PROJECT; priorMUNICIPALITY to November 1 ,
sary right-of-way obtained by the MUNICIPALITY to COUNTY with
1976, shall be transferred by
out cost or charge to COUNTY prior to work on the PROJECT being
commenced.
(c) Supervision and control of the PROJECT.
(d) Sodium Vapor street light design, installation and maintenance. If
any other street light
'installation andgmaintenance shallueted by beLlthe TY then
the cost, design,
responsibility of said MUNICIPALITY.
3. MUNICIPALITY shall have the duty and obligation to:
Notify COUNTY promptly when MUNICIPALITY, 'its agents, contractors,
or employees, receives notice, and cs or all defects,d have eiher actual i perfections, rconstructive knowledge, Y
malfunc-
tions, or failings of the sodium vapor lighting system.
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4. Unless otherwise agreed to in writing by COUNTY and MUNICIPALITY
prior to the completion of the PROJECT, as said completion is determined
by COUNTY, the responsibility for maintenance of the improved paved
roadway of the completed PROJECT or portion thereof shall be in the
agency having jurisdiction, in accordance with the functional classifica-
tion plan for roads. Responsibility for landscape and irrigation mainte-
nance, including electric energy charges for irrigation pumps, and pay-
ment of utilities for electric energy charges for street lights of the
completed PROJECT or portion thereof shall be borne by MUNICIPALITY.
Street light maintenance, if sodium vapor design, shall be the responsi-
bility of the COUNTY, but MUNICIPALITY accepts the duty and obliga-
tion to notify COUNTY promptly when MUNICIPALITY, its agents, con-
tractors, or employees, receives notice, or Has or should have either
actual or constructive knowledge, of any and all defects, imperfections,
malfunctions, or failings of the sodium vapor lighting system. If any
other type of design is requested by MUNICIPALITY, same shall be the
MUNICIPALITY'S responsibility. However, responsibility for cost, in-
stallation and maintenance of traffic engineering relating to the completed
PROJECT, including, but not limited to, traffic-signing, signalization,
and pavement marking, shall be borne by COUNTY and at COUNTY
expense, only if MUNICIPALITY has entered into a Traffic Engineering
Agreement with COUNTY. If MUNICIPALITY has not executed a valid
Traffic Engineering Agreement with COUNTY, then COUNTY shall assume
the cost, installation and maintenance of the above traffic engineering
services based on the actual cost of said services to COUNTY, which
cost MUNICIPALITY agrees to pay within sixty (60) days from receiving
an invoice from COUNTY. MUNICIPALITY shall have the duty and
obligation to notify COUNTY promptly when MUNICIPALITY, its agents,
contractors or employees, receives notice, or has or should have either
actual or constructive knowledge, of. any and all defects, malfunctions,
failings or imperfections in the installation or operation of traffic regula-
tion equipment, signs,, or signals encompassed under this Agreement in
need of repair, replacement,, or maintenance. Responsibility for electric
energy charges for traffic engineering functions shall be borne by
COUNTY if MUNICIPALITY has executed a valid Traffic Engineering
Agreement with COUNTY; otherwise responsibility for electric energy
charges for traffic engineering functions shall be borne by MUNICI-
PALITY.
S. To the extent allowed by law, MUNICIPALITY agrees to defend and
indemnify and save COUNTY harmless from and against any and all
claims, suits, actions, damages and causes of action arising under or by
reason of this Agreement, and caused by any act, error, omission or
neglect of MUNICIPALITY, with regard to those functions and duties
specified above, or any other function _or duty to be performed by
MUNICIPALITY under this Agreement, or any other covenant to be per- _
formed and kept by MUNICIPALITY, relating to bodily injury; loss of
life, or damage to property sustained during or arising out of the
PROJECT, and shall further indemnify and save COUNTY harmless from
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and , against any and all costs, counsel fees, expenses and liabilities in-
curred in and about any such claim, the investigation thereof, or the
defense of any action or proceeding brought thereon, and from and
against any orders, judgments or decrees which may be entered therein,
and shall, at MUNICIPALITY'S sole cost and expense, further specifically
defend COUNTY in any action brought against COUNTY because of any
act, error, neglect or omission of MUNICIPALITY.
6. This document incorporates and includes all prior negotiations, corres-
pondence, conversations, agreements, or 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 it is agreed 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 contained
in a written document executed with the same formality and of equal
dignity herewith.
7. This Agreement shall continue in effect and be binding on the COUNTY
and MUNICIPALITY until the PROJECT is completed; provided, however,
that responsibility for maintenance shall continue as provided in Para-
graph 4 of this Agreement.
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 Chairman, authorized to execute same by Board action on the
day of 19_, and
signing by and through _ duly authorized to execute
same.
^" COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and Ex-
Officio Clerk of the Board of By
County Commissioners of GERALD F. THOMPSON, Chairman
Broward County, Florida
day of 19_.
y
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Sf„
Approved as to form and legality by
Office of General Counsel orida
for Broward County General Counsel
HARRY A. ST WAR ,
Room 248, Florida 33301
Fort Lauderda305 765-5105
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Telephone: �
By
Assistant General Counsel
MUMC�Y
n IT DAM114
ATTEST:
By
f/
1/ /L-
�_._.
day of A 19�
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AGR023-B
5/22/79
78-762-A
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A G R E E M E N T
FOR TRAFFICWAYS ILLUMlNATION
Between
BROWARD COUNTY
AND
This is an Agreement made and entered into by and between
BROWARD COUNTY, a politicalansubdi���y �� State �F�ida (hereinafter
referred to as COUNTY),
municipal corporation located in Broward County, Florida, and organized and
existing under the laws of the State of Florida (hereinafter referred to as the
MUNICIPALITY);
W I T N E S S E T H: � / �/,�
WH REAS, C-,el Al ' ` /� 1W S e! Y41 TO
(is) ( 1 public trafficway(s) (hereinafter referred to as the "trafficway s)")
located within the municipal boundaries of the MUNICIPALITY; and
WHEREAS, it is of mutual benefit to the residents
etallaof the
OOUNT
and MUNICIPALITY to illuminate the trafficway(s) by
mainte-
nance of lighting systems; and
WHEREAS, the MUNICIPALITY by resolution of its governing body - -
adopted on the day of
19 has approved joint illumi-
nation of the trafficway(s) with the COUNTY pursuant to the terms of this
Agreement and has authorized the appropriate officers of the MUNICIPALITY
to execute this Agreement; and
WHEREAS, the COUNTY by action of its Board of County Commis-
day of
19 has likewise approved the
sioners on the
joint illumination of the trafficway(s) the MUNICIPALITY and has autho-
rized the appropriate COUNTY officers to execute this Agreement; NOW,
THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, cov-
enants and payment hereinafter set forth, the COUNTY and MUNICIPALITY
agree as follows:
1 . The COUNTY and MUNICIPALITY shall participate in the illumination of
the trafficway(s) in the manner set forth in this Agreement.
GCFf119-1
Rev• 2/26/79 -1
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2. The COUNTY shall perform the following:
(a) Prepare or . cause to be prepared sodium vapor design plans and
specifications for the illumination of the trafficway(s). Such plans
and specifications shall be reviewed and approved by the Director
of the COUNTY'S Department of Transportation (hereinafter re-
ferred to as the "Director") and shall substantially conform to the
Standard Specifications for Highway Lighting established by the
Florida Department of Transportation.
(b) In accordance with the approved design plans and specifications,
install a lighting system along the trafficways. The lighting system
so installed shall remain the property of the COUNTY after- instal-
lation and shall not be moved or relocated without the express
written consent. of the Director.
(c) Maintain the lighting system along the trafficway(s) 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, the COUNTY shall keep in good
repair and replace defective or wornout lighting system parts and
equipment.
3. The MUNICIPALITY shall perform the following:
(a) Pay all electrical energy charges relating to the operation of the
lighting system used in the illumination of the trafficway(s) .
(b) If the length of the trafficway or any portion of such length is
(are) coterminous with the jurisdictional boundaries of the MUNICI-
PALITY, the MUNICIPALITY shall pay the utility charges for a
number of street lights based on the MUNICIPALITY'S frontage
•dF along the referenced trafficway. The pro rata share for the
MUNICIPALITY along this trafficway is as follows:
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(c) Notify COUNTY promptly when MUNICIPALITY, its agents, contrac-
tors, or employees, receives notice, or has or should have either
actual or constructive knowledge, of_ any and all defects, imperfec-
tions, malfunctions, or failings of the lighting system.
4. As a material consideration for the COUNTY'S entry into this Agreement,
to the extent allowed by law, the MUNICIPALITY agrees to indemnify,
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GCF#119-2
Rev 5/22/79 -2-
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defend, save and hold harmless the COUNTY from all claims, demands,
liabilities and suits of any nature whatsoever arising out of, because of,
or due to the breach of this Agreement by the MUNICIPALITY, its
agents, contractors, or employees, or due to any act, occurrence, or
omission to act by the MUNICIPALITY, its agents, contractors or
employees.
S. The Director shall decide all questions, difficulties and disputes of what-
ever nature which may arise under or by reason of the illumination of
the trafficway(s) pursuant to the terms of this Agreement.
6. This Agreement does not effect responsibility for installation and main-
tenance of traffic control signals and devices along the trafficway(s).
7. This Agreement may be terminated by either party upon thirty (30) days
written notice given by the terminating party to the other party.
IN WITNESS WHEREOF, the COUNTY and MUNICIPALITY 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 Chairman, authorized to execute same by Board action on the
day of 19_, and
' signing by and through duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and Ex- By
Officio Clerk of the Board of Chairman
" •`J& County Commissioner of
Broward County, Florida day of , 19_.
Approved as to form and legality by
Office of General Counsel
for Broward County, Florida
HARRY A. STEWART, General Counsel
Room 248, Courthouse
Fort Lauderdale, Florida 33301
Telephone: (305) 765-5105
By
Assistant General Counsel
GCF#119-3
Rev 5/22/79 -3-
i LLVM
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MUNICIPALITY
WITNESS:
� (za�, e"1ilC�lila� By
day of 19
GCF#119-4
Rev 5/22/79 -4-
JLLVM
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AGREEMENT
FOR TRAFFICWAYS BEAUTIFICATION
Between
---- BROWARD COUNTY _
And
THIS AGREEMENT made and entered into this day of
, 19 , by and between BROWARD COUNTY, a political sub-
division of tate of Florida (hereinafter referred to as the COUNTY), and
Cr/y the S OG VAIVIA a municipal corporation located in
Broward County and organized and existing under the laws of the State of
Florida (hereinafter referred to as the MUNICIPALITY);
WWII TN E S 5 E T H : ��i
WHEREAS, (5RIFFW ROAD F?jy l�.,J . 441 70 I1cway(s)
(is) are) public trafficway(s) (hereinafter referred to as the "trafficway(s)")located within the municipal boundaries of the MUNICIPALITY; and
WHEREAS, it is of mutual benefit to the residents of the COUNTY
and MUNICIPALITY to beautify the trafficway(s) by landscaping and irriga-
tion; and
WHEREA5 —ttre—t4UtgiCiPAtrT -
-1 by—resolution of its governing body
adopted on the day of 19 has approved joint beau-
tification of the traff with the COUNTY pursuant to the terms of this `
Agreement and has authorized the appropriate officers of the MUNICIPALITY
to execute this Agreement; and
WHEREAS, the COUNTY by action of its Board of County Commis-
sioners on the day of 19 , has likewise approved
the joint beautification of the trafficway(s) with the MUNICIPALITY and has
authorized the appropriate COUNTY officers to execute this Agreement; NOW,
THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, cov-
enants and payment hereinafter set forth, the COUNTY and MUNiCtPAL1TY
agree as follows:
1. The COUNTY and MUNICIPALITY" shall participate in the beautification
of the trafficway(s) in the manner set forth in this Agreement.
GCF4120-1
Rev 2/26/79 _1_
2. The-COUNTY shall perform the following:
(a) Prepare or cause to be prepared design plans and specifications for
the beautification of the trafficway(s). Such plans and specifica-
tions shz,ll be reviewed and approved by the Director of the
COUNTY'S Department of Transportation (hereinafter referred to as
--- — --- the "Director").
(b) In accordance with the approved design plans and specifications,
landscape the trafficway(s) by installing along the trafficway(s)
vegetation, which may include, but is not limiter; to, plants, trees,
shrubberies and turf, and installing irrigation systems compatible
with the installed vegetation .
3. The MUNICIPALITY shall maintain the vegetation and irrigation systems
installed by the COUNTY along the trafficway(s) as follows:
(a) The MUNICIPALITY shall 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 cut 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(s); remove
and replace all vegetation which is dead or diseased or which other-
wise falls ' below the initial level of beautification of the traffic-
way(s), such replacement to be accomplished by the use of plants
of the same grade as specified in the original approved plans and
specifications and the same size as those existing at the time of
replacement; keep -litter removed from the trafficway(s); and main-
tain irrigation parts in working order according to the original
-- approved—plans—and specifications, including the maintenance and
replacement of pumps, pipes and sprinkler heads.
(b) The MUNICIPALITY shall pay all utility charges relating to the
operation of the irrigation systems used in the beautification of the
trafficway(s).
(c) If the length of the trafficway(s) or any portion of such length is
(are) coterminous with the jurisdictional boundaries of the MUNICI-
PALITY, the MUNICIPALITY shall coordinate the performance of its
maintenance responsibility pursuant to this Agreement with the gov-
ernmental entity or entities having jurisdiction over the adjacent
area. The terms and conditions of such coordination shall be stated
in a Memorandum of Understanding entered into by the MUNICIPAL-
ITY and the adjacent governmental entity or entities and shall pro-
vide for the division of maintenance responsibility and the costs of
maintenance between the parties to the memorandum. The effective-
ness of this Agreement is conditioned upon and is subject to such
GCF#120-2
Rev 2/26/79 -2-
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executed Memorandum of Understanding being approved by the
Director.
4. If at any time subsequent to the COUNTY'S installation of vegetation and
irrigation systems along the trafficway(s) it is determined by the Direc-
tor that the MUNICIPALITY is not maintaining the beautified traffic-
way(s) pursuant to the terms of this Agreement, the Director shall
notify the MUNICIPALITY in writing of such deficient maintenance. If
the MUNICIPALITY does not correct and improve such deficient mainte-
nance within thirty (30) days of receipt of the Director's written notice,
the COUNTY, at the option of the Director, may cause such deficiencies
to be corrected and improved and bill the MUNICIPALITY for the costs
of such correction and improvement. The MUNICIPALITY shall remit to
the COUNTY the amount so billed within thirty (30) days of the MUNI-
CIPALITY'S receipt thereof.
5. As a material consideration for the COUNTY'S entry into this Agreement,
the MUNICIPALITY agrees to indemnify, defend, save and hold harmless
the COUNTY from all claims, demands, liabilities and suits of any nature
whatsoever arising out of because of or due to the breach of this Agree-
ment by the MUNICIPALITY, its agents, contractors or employees,due to any act or occurrence or omission to act by the MUNICIPALIT or
Y,
its agents, contractors or employees.
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6. The Director shall decide all questions, difficulties and disputes of what-
ever nature which may arise under or by reason of the beautification of
the trafficway(s) pursuant to the terms of this Agreement.
IN WITNESS WHEREOF, the COUNTY and MUNICIPALITY 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 Chairman, authorized to execute same by Board action on
the day of 19 , and
signing by and through
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and Ex-
Officio Clerk of the Board of By
County Commissioners of
Broward County, Florida Chairman
day of Ig
GC Fr120-3
Rev 2/26/79 -3-
This document prepared by
Office of General Counsel
for Broward County, .Florida
HARRY A. STEWART .
General Counsel
Room 248, Courthouse
Fort Lauderdale, Florida 33301
(305) 765-5I05
By
Assistant General Counsel
MUNICIPALITY
WITNESS:
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GCF-120-4
Rev 2/26/79
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MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF
And
THE CITY OF
Pursuant to the terms of paragraph 3( of the Agreements for
Trafficways Beautification entered into betwee Br ward County, and the City
of on the y of 19 ,
and the City of on the day of
19_, each hereby enters into this Memorandum of
Understanding as follows:
1 . That this Memorandum of Understanding relates to the following
trafficway(s): ^ r
2. That the Cit of shall maintain
that portion of the tra . i ay(s) described as follows:
3. hat the City of shall maintain
that portion the trafficway(s) described as follows:
/_nance"
For purposes of this Memorandum of Understanding the term
"main shall include, but shall not be limited to, the functions speci-
fied i paragraph 3(a) of the Agreements for Trafficways Beautification
referred to in the first paragraph hereof, and the obligation to pay all utility
GCFk120-5
Rev 2/26/79 -5-
charges relating to the operation of the vegetation and irrig on systems
used in the beautification of the trafficway(s).
5. This Memorandum of Understanding sh II con 'nue in effect until
the Agreements referred to in the first paragr p h eof are terminated.
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CITY OF
WITNESS:
By
—day_of
y WITNESS: CITY.OF
day of 19
APPROV
BROW D COUNTY
DIRE OR OF TRANSPORTATION
B Date:
x
GCF#120-6
Rev 2/26/79 -6-
ADDENDUM TO THE CONTRACT BETWEEN
BROWARD COUNTY AND CITY OF DANIA
FOR THE CONSTRUCTION OF GRIFFIN
ROAD KNOWN AS ROAD BOND PROJECT
NO. 4110,
In addition to the covenants and agreements contained
i
in the foregoing Agreement between Broward County and the
City of Dania, Florida, Broward County agrees, at its ex-
pense, to construct a six foot high solid wall with her
ringbone, saw tooth or similar pattern and properly land
scaped, with said wall to be located between the south
side of the main roadway and the frontage and/or service
road for that section of Griffin Road fronting on the south
boundry of Fort Lauderdale/Hollywood International Air—
port and presently known as N.W. loth Street, Dania,
Florida; to use the said presently existing N.W_ loth Street
as the service road for access to the residential properties
to the south thereof; and to install traffic signal lights
at approximately the half-way point of said service road.
This Addendum approved by the City of. Dania, Florida,
this / day of, 1979 .
CITY�0 DANIA,(�
M
4 COmL
ION R
CITY MANAGER
' CLERK - AUDITOR
This. Addendum approved by Broward County, Florida this
clay of 1979 .
BROWARD COUNTY
By ' ----