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HomeMy WebLinkAboutR-1991-016 RESOLUTION NO. 16-91 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, 1 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 13th day of March , 1991 . ATTEST: MA OR-!OP SIGNER CITY CLERK-AUDITOR APPROVED FOR FORM AND CORRECTNESS By: C . O� FRANK C . ADLER, City Attorney Resolution No. 16-91 i i d; AGREEMENT Between BROWARD COUNTY and CITY OF DANIA for INSTALLATION OF MULTI-WAY STOP SIGNS AT THE INTERSECTIONS OF: NORTHWEST 3RD STREET AND NORTHWEST 7TH AVENUE WEST DANIA BEACH BOULEVARD AND NORTHWEST/SOUTHWEST 7TH 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" , 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; ti and WHEREAS , CITY has requested that COUNTY install multi-way stop signs to control traffic at the intersections of: I NORTHWEST 3RD STREET AND NORTHWEST 7TH AVENUE WEST DANIA BEACH BOULEVARD AND NORTHWEST/SOUTHWEST 7TH AVENUE 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: EXHIBIT "A" 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 its officers , agents or employees, arising from the COUNTY, the installation of multi-way stop signs at the intersections of : NORTHWEST 3RD STREET AND NORTHWEST 7TH AVENUE WEST DANIA BEACH BOULEVARD AND NORTHWEST/SOUTHWEST 7TH AVENUE in the City of Dania, pursuant to this Agreement. an legal ` 2. CITY shall defend, at its sole ncost tuand expense, a non action , claim, or proceeding claim, suit or cause against the COUNTY as a result of any Agreement, for injuries to of action accruing from this body, life, limb or property. y. harmless from and against all 3. CITY shall save the COUNTY judgements, orders, decrees, attorneys' fees, costs , l; expenses and liabilities incurred in and about any claim investigation or defense thereof , which may be entered, incurred or assessed as a result of the foregoing . ` hold harmless and defend q, CITY further agrees to indemnify, y ? claim, demand or cause of COUNTY from and against any conduct or a � action of any kind or nature arising out of any agents, misconduct of the CITY for which the COUNTY,be its servants or employees are alleged e. 5. The covenants and representations relating gshall rto ththis indemnification provisions Agreement and continue in full force and effect as to C1TY' S responsibility to in 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 : NORTHWEST 3RD STREET AND NORTHWEST 7TH AVENUE WEST DANIA BEACH BOULEVARD AND NORTHWEST/SOUTHWEST 7TH AVENUE in the City of Dania. IN WITNESS WHEREOF, the parties hereto have made and executed TY Mayor and City Manager duly this Agreement on the respective dates under each signature: CI OF DANIA, signing by and through its May authorized to execute same, and BaOOWAnd throRD OOUNTitstChairmants BOARD OF COUNTY COMMISSIONERS, signing Y -2- i authorized to execute same by Board action on the day of 1991 . 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 BY: 1 Frank C. Adler, City Attorney ?i COUNTY it J BROWARD COUNTY, through its ATTEST: BOARD OF COUNTY COMMISSIONERS By County Administrator and LORI NANCE PARRISH, Chairman Ex-Officio Clerk of the Board of County Commis- 1991. sioners of Broward County, day of �_� Florida 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 Assistant County Attorney -3- t s w r.A7 � ., i I i ,