83-DDDRESOLUTION NO. 83- ODD
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA APPROVING
AND AUTHORIZING THE EXECUTION OF A
TRAFFIC CONTROL AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH .AND PALM BEACH
COUNTY.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the Mayor and City Clerk are
hereby authorized and directed to execute on behalf of the
City of Boynton Beach, Florida, the Traffic Control Agreement
for the intersection of SW 26th Avenue and South Seacrest
Boulevard (Bethesda Hospital) between the City of Boynton
Beach and Palm Beach County.
PASSED AND ADOPTED this 16th day of August~ 1983.
CITY OF BOYNTON BEACH, FLORIDA
Vice
ATTEST
Council Member
(Corp. Seal)
TRAFFIC CONTROL AGREEMENT FOR THE INTERSECTION
OF S.W. 26th Avenue & South Seacrest Boulevard (Bethes-da Hospital)
This Traffic Control Agreement made and entered into on the date
specified herein by and between Palm Beach County, a oolitical subdivision of
the State of Florida, hereinafter called the COUNTY, and the City of Boynton
Beach, Florida, hereinafter called the MUNICIPALITY:
WHEREAS, the COUNTY and the ~fUNICIPALITY are authorized to enter into
this Agreement by Section 125.01 (1) (p) Florida Statutes, as amended, which
section permits the COUNTY to enter into agreements with other governmental
agencies for the performance of governmental functions by one unit in behalf
of the other; and
WHEREAS, it is in the best interest of both the COUNTY and the
MUNICIPALITY to insure uniform traffic control through the road and street
systems of Palm Beach County in order to provide an integrated and balanced
traffic network.
NOW, THEREFORE, in consideration of the mutual covenants, promises
and representations herein, the parties hereto agree as follows:
1. PURPOSE OF CONTRACT:.
Th~~ purpose of thi~ Contract is to provide for the uniform
maintenance and operation of the traffic control devices to be located at
S.W.- 26th Avenue & South Seacrest Boulevard (Bethesda Hospital) within the
corporate limits of the MUNICIPALITY and described specifically as a traffic
signal device and appurtenant signing to provide that the COUNTY assume all
installation, operational and maintenance responsibilities for said traffic
control devices. The purpose of the Contract is to further orovide that the
~PJNICtPALITY relinquish any jurisdictional rights and responsibilities it
might have over the specified traffic control devices for the duration of
the Agreement.
2. CONSIDERATION AND MECHANICS OF THE CONTRACT
The COUNTY agrees to undertake the installation, maintenance, and
operation of those traffic control devices to be located at S.W. 26th Avenue
& South Seacrest Boulevard (Bethesda Hospital) within the corporate limits
of the MIINICIPALITY and described specifically as a traffic signal device and
appurtenant signing, for a period of ten (10) years from the date of this
Agreement. Such agreement by the COUNTY includes the assumption by the COIt~_iTY
of all the contractual responsibilities of the MUNICIPALITY stated in amy
Traffic Signal Agreement entered into by and between the MUNICIPALITY an~
the State of Florida Department of Transportation for the traffic signal
signals located at S.W. 26th Avenue & South Seacrest Boulevard (Bethesdm
Hospital), provided same are disclosed to COUNTY prior to COUNTY'S execution
hereof. The MUNICIPALITY agrees to relinquish, disclaim and disavow any
jurisdictional rights or responsibilities it may have with regard to the
described traffic control devices for the period of ten (!0) years and hereby
assigns to COUNTY its rights and responsibilities under any Traffic Signal
Agreement, disclosed as above required, entered into by and between the
MUNICIPALITY and the State of Florida Department of Transportation for the
traffic signal or signals located at S.W. 26th Avenue & South Seacrest
(Bethesda Hospital). It is further agreed by the parties that should e£ther
party not desire to renew this Agreement between the COUNTY and the MIR~ICIPALI~f
at the end of the ten (10) year contract period, the COUNTY will retain
ownership of the above described traffic control devices which have been
installed by the COUNTY and shall have the right, duty and responsibility to
remove said devices and make what disposition it deems appropriate of them
within thirty (30) day~ of the expiration of the Contract. Unless cancelled
in writing by either party, this agreement shall be automatically renewed
for an additional ten (10) year period upon the tenth anniversary of its
execution.
Should this Agreement be cancelled, modified, or abridged by mutual
consent of the parties prior to the end of its expiration date, the COL~TY
shall maintain ownership and the incumbent rights of removal and disposition
of the traffic control devices at all times.
Ail of the foregoing provisions shall be subject to funding by the
Board of County Commissioners of Palm Beach County upon a year-to-year basis;
and should such funding not be provided in any particular year, this
ii Agreement shall be automatically cancelled and rendered null and void from
the beginning of that fiscal year and all subsequent years.
Both parties hereby agree that each party shall be responsible for
damages caused by its own negligence, and further that MUNICIPALITY and
COUNTY further mutually covenant and agree that in the event liability for
property damages or personal injury to third persons is imposed upon either
of said parties purely on a technical or derivative basis as a result of the
negligence of the other party, the party hereto whose negligence occasioned
the imposition of such derivative or technical liability upon the other party
shall indemnify said other party but only to the extent of the specific
ii monetary limitations of liability reflected in Section 768.28 (5) F.S.
This Agreement may be simultaneously executed in two counterparts,
each of which shall be deemed to be an original, and such counterparts shall
constitute one in the same instrument.
4. IN~_~P~RETAT I0N:
All words used herein in the singular form shall extend to and
include the plural. Ail words used in the plural form shall extend to and
include the singular.
i include all genders.
Ail words used in any gender shall extend to and
The Agreement shall become effective upon execution bv the
MUNICIPALITY and the COUNTY.
ATTEST:
By - ~lerk
(SEAL)
CITY OF BOYNTON BEACH, FLORIDA
J ~' ~ Mayor
ATTEST:
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COb~ISSIONERS
John B. Dunkle, Clerk
By
Chairman
By.
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By - ~7 ~
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By
County Attorney