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HomeMy WebLinkAboutR-1989-085 RESOLUTION NO. 55-89 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 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 'x. 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 25th day of July 1989 . ATTEST: MAYOR - COMMISSrQ;+fR — i �?�:•..✓�, CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS BY: C FRANK C. ADLER, City Attorney J Resolution No. 85-89 AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA FOR INSTALLATION OF ADDITIONAL STOP SIGNS TO CREATE FOUR-WAY STOPS AT THE INTERSECTIONS OF SE THIRD AVENUE & SEVENTH STREET; SE THIRD AVENUE & TENTH STREET; SE THIRD AVENUE & THIRD STREET & SE THIRD AVENUE & FOURTH TERRACE. EXHIBIT d'Aly A G R E E M E N T BETWEEN BROWARD COUNTY AND CITY OF DANIA FOR INSTALLATION OF ADDITIONAL STOP SIGNS TO CREATE FOUR-WAY STOPS AT THE INTERSECTIONS OF SE THIRD AVENUE & SEVENTH STREET; SE THIRD AVENUE & TENTH STREET; SE THIRD AVENUE & THIRD STREET & SE THIRD AVENUE & FOURTH TERRACE. This is an Agreement 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, its successors and assigns , hereinafter referred to as CITY. WHEREAS, CITY has requested that COUNTY install additional stop signs thereby creating four-way stops to control traffic at the intersections of SE Third Avenue & Seventh Street ; SE Third Avenue & Tenth Street; SE Third Avenue & Third Street & SE Third Avenue & Fourth Terrace. WHEREAS, as a result of the traffic studies it is the finding of COUNTY, by its Traffic Engineering Division, that the requested ., additional stop signs are not warranted for installation at these intersections; WITNESSETH, in consideration of the mutual terms and conditions , Promises and covenants hereinafter set forth, COUNTY and CITY hereby agree as follows : 1 . CITY shall , to the extent permitted by applicable law, 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, expeditures, or causes of action of any kind or nature that may be filed against the COUNTY, its officers, agents and employees arising from the installation of the additional stop signs at the intersections of SE Third Avenue & Seventh Street; SE Third Avenue & Tenth Street ; SE Third Avenue & Third Street & SE Third Avenue & Fourth Terrace, in the City of Dania pursuant to this Agreement , and resulting or accruing from any negligent act , omission or error of CITY, its agents , servants or employees arising out of the performance of this Agreement , resulting in or relating to, injuries to body, life, limb or property sustained in, about or upon s or arisi fr the use of said intersections /�o said intersections. EXHIBIT idA -1- 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 as set forth above. 3 . CITY shall save the COUNTY harmless from and against all judgments , orders , decrees , attorneys' fees , costs , expenses and liablities 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 whatever kind or nature arising out of any conduct or misconduct of the CITY, relating to this Agreement for which the COUNTY, its agents , servants or employees are alleged to be liable . 5 . The covenants and representations relating to the indemnifi- cation 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 considertion of the indemni- fication given by CITY in this Agreement , that COUNTY will install additional stop signs a the intersection of SE Third Avenue & Seventh Street ; SE Third Avenue & Tenth Street; SE Third Avenue & Third Street & SE Third Avenue & Fourth Terrace . IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: BROWARD a�. COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman , authorized to execute same by Board action on the day of , 1989 , and the CITY OF DANIA, signing by and through its Mayor , City Manager and City Clerk- Auditor. COUNTY BROWARD COUNTY, through its ATTEST: BOARD OF COUNTY COMMISSIONERS County Administrator and Ex- By: Officio Clerk of the Board NickF E . Grossman , Chairman of County Commissioners of Broward County, Florida day of 1989 -2- EXHIBIT "A" AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA FOR INSTALLATION OF ADDITIONAL STOP SIGNS TO CREATE FOUR-WAY STOPS AT THE INTERSEC- TIONS OF SE THIRD AVENUE & SEVENTH STREET; SE THIRD AVENUE & TENTH STREET; SE THIRD AVENUE & THIRD STREET & SE THIRD AVENUE & FOURTH TERRACE. Approved as to form by Office of General Counsel , Broward County, Florida Governmental Center , Suite 423 115 South Andrews Avenue Fort Lauderdale , Florida 33301 Telephone : ( 305 ) 357-7600 By: Assistant General Counsel d WIT .SSES: CITY OF DANIA, a municipal , corporation of the State of IA L Florida - G By: �> lchcTEles K. McEl , Mayor - Commiss oner :.. i By: Robert F. Flatley City Manager Attest : Wanda Mullikin City Clerk-Auditor APPROVED AS TO FORM AND CORRECTNESS By: Z;� C- ' -t Frank C. Adler , City Attorney -3 EXHIBIT "A"