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76-PPP RESOLUTION NO. 76-PPP A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF TRAFFIC CONTROL AGREEMENT FOR THE INTERSECTION OF WOOLBRIGHT ROAD (S. E. 15th AVE. ) AND S'EACREST BOULEVARD WITH PALM BEACH COUNTY, FLORIDA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That the City of Boynton Beach, Florida, enter into the Traffic Control Agreement for the intersection of Woo[bright Road (S. E. 15th A. ve.) and Seacrest Boulevard with Palm Beach County, Florida, whereby sai~ County, among other things, agrees for a period of ten (10) years and without cost to the City to undertake installation and/or maintenance and operation of those traffic control devices to be located within the corporate limits of the City at Woo[bright Road (S. E. 15th Ave.) and Seacrest Boulevard and in consideration of which, the City relinquishes any jurisdictional rights or responsibilities over such traffic control devices during said period; a copy of said Agreement being annexed hereto and hereby made a part hereof by reference. Section 2: That the Mayor, or in his k-[~sence the Vice Mayor, and the City Clerk, or in her absence the Deputy Clerk, of the City of Boynton Beach, Florida, be, and they are hereby authorized to act for the City in entering into and executing said Agreement with Palm Beach County, Florida. Section 3: That the City Clerk, of the City of Boynton Beach, Florida, or in her absence the Deputy Clerk, is hereby authorized to deliver a certified copy of this Resolution and the fully executed Agreement described above to Mr. Charles R. Wa/kef, Jr., P.E., Acting Director, Traffic Division, of the Palm Beach County Department of Engineering and Public Works, Box 2429, West Pa~imBeach, Florida 33402, in order that he may obtain approval of said Agreement by the Board of County Commissioners of Palm Beach County, Florida, and of the Florida Department of Transportation PASSED and ADOPTED this ATTEST: City Clerk ~'~ day of December, 1976. CITY OF BOYNTON BEACH, FLORIDA BY: ....~ /~ ~ TRAFFIC CONTROL AGREEMENT FOR THE INTERSECTION OF WOOLBRIGRT ROAD (S. W. 15th AVENUE) & SEACREST BOULEVARD This Traffic Control Agreement made and entered into on the date specified herein by and between Palm Beach County, hereinafter called the County, and the City of Bo~nton Beach , hereinafter called the Municipality; WHEREAS, the County and the Municipality 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 govermme~tal functions by one unit in behalf of the other; and ~REAS, it is in the best interest of both the County and the Municipality to insure L~niform traffic control through the road and street system of Palm Beach County in order to provide an integrated and balanced traffic network. _NO~: T~REFO_~ in consideration of t~he ~utual covenant s~ promises and represemtations herein~ the parties hereto agree as follows: 1. PURPOSE ~ COi~%CT ~ma ~se of the Contract is to pro~i~e for the unifo~ matte- corporate IY~--~Ttm of t~e ~icipality ~M desc_~_~e~ specifically as a traffic signal dec, ice ~-~M ap~t~ant sign~ =~ to p~de that the County assume all instal/ation~. ~/or operational and ~ainten~nce responsibilities for said traffic conoco! d~,vlceso ?ne purpose of the contract is to further provide that the Municipality 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 instal2ation and/or maintenance and operation of those traffic control devices to be located at Woolbri~ht R~ad (S.W. 15th Avenue) & Seacrest Boulevard within the corporate limits of the Municipality and described specificall~ as a traffic signal device and appurtenant signing, for a period of ten (10) years from the date of this Agreement: The Municipality agrees to relinquish, disc/aim and disavow any jurisdictional rights or responsibilities it may have with regard to the described traffic control devices for the period of ten (10) years. It is further agreed by the parties that should either party not desire to renew the Agreement at the end of the ten (10) year contract period, the County will retain ownership of the above described traffic control devices and shall have the right, duty, and responsibility to remove said devices and make what dis- position it deems appropriate of them within thirty (30) days of the exI of the Contract. Should this Agre~ent be cancelled, modified, or abridged by mutual consent of the parties prior to the end of its expiration date~ the County shall maintain ownership and ~he inc .u~_~ent rights of r~oval and disposition of the traffic control devices at al/ times. Ail of the foregoing provisions shall be subject to funding by the Board of County Commissic~.~ers of Palm Beach County upon a ye-~-to-year basis. Cc~a.~L-y fr~ al! ~aits, ac~--= ~ c!~s brought because of =_~-y ~ju~_=_s or ~=~=~ s~sta~=~ by ~ ~=~-m cr .~ro~erty arising out of provided.' ho~ver. ~-%~e ~-~c~_~_iL-y~ shall not be required ~ d~ the County as against its own neg!ig~ce or the negligence of the Co~t~y_~'s 3, C~_~TS OF 2~n~s Agre~.~em~ ~ay B~ s-r--=~a~taneously executed ~ ~ c~terparts, each of ~ich shall be demed to be an original, and such connterparts shall constitute one in the seine inst~ent. - 2- 4. INTERP RETAT ION Ail words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. The Agreement shall become effective upon approval of the Board of County Co~m~issioners, Palm Beach County, by resolution. CITY~DO~OF BOYNTON BEACH By: ATTEST: Mayor BOARD OF COUN~I~f CObLMISSIONERS PAI~BEACtICOtJl~, FLORIDA By: Chairmam Date ATTEST: Town Clerk (Corporate Seal) - 3-