Loading...
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