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HomeMy WebLinkAboutR-1990-033 i RESOLUTION NO. 33-90 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 IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 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 27th day of March 1990. n ATTEST: i vR cUMM1S$jONER CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS By: C FRANK C. ADLER, City Attorney Resolution No. 33-90 I _ AGREEMENT Between BROWARD COUNTY and CITY OF DANIA for INSTALLATION OF MULTI-WAY STOP SIGNS AT THE INTERSECTIONS OF: SOUTHEAST 2 AVENUE AND SOUTHEAST 4 TERRACE SOUTHEAST 2 AVENUE AND SOUTHEAST 7 STREET y IN THE CITY OF DANIA EXHIBIT '#V F AGREEMENT Between BROWARD COUNTY and CITY OF DANIA for INSTALLATION OF MULTI-WAY STOP SIGNS AT THE INTERSECTIONS OF : SOUTHEAST 2 AVENUE AND SOUTHEAST 4 TERRACE SOUTHEAST 2 AVENUE AND SOUTHEAST 7 STREET THE CITY OF DANIA THIS IS AN AGREEMENT between: CITY OF DANIA, a municipal corporation of the State of Florida, its successors and assignF , hereinafter referred to as "CITY" , 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: SOUTHEAST 2 AVENUE AND SOUTHEAST 4 TERRACE cnnTWPAgT 2 AVENUE AND SOUTHEAST 7 STREET 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 : 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 mulit-way stop signs at the intersections of: SOUTHEAST 2 AVENUE AND SOUTHEAST 4 TERRACE SOUTHEAST 2 AVENUE AND SOUTHEAST 7 STREET 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 judgments, 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. ay 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 relati_n., f., ,-h. 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 : SOUTHEAST 2 AVENUE AND SOUTHEAST 4 TERRACE SOUTHEAST 2 AVENUE AND SOUTHEAST 7 STREET 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, authorized to execute same by Board action on the day of 1990. CITY WITNESSES : CITY OF DANIA By Mayor Charles K. McElyea F ATTEST: By Robert Flatley, City Manager Wanda Mullikin, City Clerk day of , 1990 (CORPORATE SEAL) APPROVED AS TO FORM AND CORRECTNESS: By: . Frank C. Adler, City Attorney j AGREEMENT BETWEEN CITY OF DANIA AND BROWARD COUNTY FOR INSTALLATION OF MULTI-WAY STOP SIGNS COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and By Ex-Officio Clerk of the NICKI E. GROSSMAN, CHAIRMAN Board of County Commissioners of Broward County, Florida day of 1990 Approved as to form by Office of County Attorney, Broward County, 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 ANDREA KARNS HOFFMAN Assistant County Attorney