HomeMy WebLinkAboutR-1990-067 RESOLUTION NO. 67-90
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING AGREEMENT BETWEEN THE CITY OF DANIA
AND BROWARD COUNTY FOR INSTALLATION OF
ADDITIONAL STOP SIGNS WITHIN THE CITY OF DANIA;
AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE, SAID AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission, City Manager and City Attorney of
the City of Dania, Florida, have reviewed the attached form of
agreement and find it to be appropriate to the needs of the City of
Dania .
NOW, THEREFORE, BE I'T RESOLVED BY THE CITY COMMISSION OF THE
n� CITY OF DANIA, FLORIDA:
Section 1 . That the City Commission of the City of Dania,
Florida, does hereby approve the agreement between the City of Dania
and Broward County, for installation of additional stop signs within
the City of Dania, a copy of which is attached hereto and made a
part hereof as Exhibit "A" .
Section 2. That the Mayor-Commissioner, City Manager and City
Clerk-Auditor are hereby authorized and directed to forthwith
execute said Agreement on behalf of the City of Dania, Florida.
Section 3. That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED this loth day of July , 1990.
ATTEST: / MAYOR-CQXMISSIONER
CITY CLERK-AUDITOR
APPROVED FOR FORM AND CORRECTNESS
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By:
FRANK C. ADLER, City Attorney
Resolution No. 67-90
AGREEMENT
Between
i
BROWARD COUNTY
and
CITY OF DANIA
for
INSTALLATION OF MULTI-WAY STOP SIGNS AT
THE INTERSECTIONS OF:
SOUTHWEST 5 STREET AND SOUTHWEST 4 AVENUE
SOUTHWEST 5 STREET AND SOUTHWEST 2 AVENUE
SOUTHWEST 3 STREET AND SOUTHWEST 4 AVENUE
IN THE CITY OF DANIA
EXHIBIT "A"
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA
for
INSTALLATION OF MULTI-WAY STOP SIGNS AT
THE INTERSECTIONS OF:
SOUTHWEST 5 STREET AND SOUTHWEST 4 AVENUE
SOUTHWEST 5 STREET AND SOUTHWEST 2 AVENUE
SOUTHWEST 3 STREET AND SOUTHWEST 4 AVENUE
IN THE CITY OF DANIA
THIS IS AN AGREEMENT between: CITY OF DANIA, a municipal
corporation of the State of Florida, its successors and assigns,hereinafter referred to as "CITY" , d- �
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 COUNTY and CITY;
and
WHEREAS, CITY has requested that COUNTY install multi-way stop -
signs to control traffic at the intersections of :
SOUTHWEST 5 STREET AND SOUTHWEST 4 AVENUE
SOUTHWEST 5 STREET AND SOUTHWEST 2 AVENUE
SOUTHWEST 3 STRFR_.T nntn enTTMUI.1o1
n a,o1 4 AVCLVut
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
intersections;
W I T 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:
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1 . 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, 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
intersections of :
SOUTHWEST 5 STREET AND SOUTHWEST 4 AVENUE
SOUTHWEST 5 STREET AND SOUTHWEST 2 AVENUE
SOUTHWEST 3 STREET AND SOUTHWEST 4 AVENUE
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 COUNTY 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 COUNTY 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. CITY 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 CITY 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. COUNTY 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 :
SOUTHWEST 5 STREET AND SOUTHWEST 4 AVENUE
SOUTHWEST 5 STREET AND SOUTHWEST 2 AVENUE
SOUTHWEST 3 STREET AND SOUTHWEST 4 AVENUE
in the City of Dania.
IN WITNESS WHEREOF, the parties hereto have made and executed
this Agreement on the respective dates under each signature : CITY
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,
1 . 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, 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
intersections of:
SOUTHWEST 5 STREET AND SOUTHWEST 4 AVENUE
SOUTHWEST 5 STREET AND SOUTHWEST 2 AVENUE
SOUTHWEST 3 STREET AND SOUTHWEST 4 AVENUE
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 COUNTY 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 COUNTY 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. CITY 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 CITY 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. COUNTY 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 :
SOUTHWEST 5 STREET AND SOUTHWEST 4 AVENUE
SOUTHWEST 5 STREET AND SOUTHWEST 2 AVENUE
SOUTHWEST 3 STREET AND SOUTHWEST 4 AVENUE
in the City of Dania .
IN WITNESS WHEREOF, the parties hereto have made and executed
this Agreement on the respective dates under each signature: CITY
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,
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,
authorized to execute same by Board action on the day of
1990.
CITY
WITNESSES: CITY OF DANIA
BY
Mayor Charles K. McElyea
ATTEST: BY
Robert Flatley, City Manager
Wanda Mullikin, City Clerk
(CORPORATE SEAL)
APPROVED AS TO FORM AND CORRECTNESS
Frank C. Adler, City Attorney
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
BY
County Administrator and SCOIT I. COWAN, Chairman
,..., Ex-Officio Clerk of the
Board of County Commis-
sioners of Broward County, day of 1990.
Florida —
Approved as to form by
BrowardJCounty, Florida
JOHN J. COPELAN, JR. , County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305 ) 357-7600
Telecopier: (305) 357-7641
BY
PAMF.LA S. TERRANOVA
Assistant County Attorney
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