82-MMRESOLUTION NO. 82- ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
ON BEHALF OF THE SAID CITY THE TRAFFIC CONTROL
AGREEMENT FOR THE INTERSECTION OF NE/NW SECOND
AVENUE AND SEACREST BOULEVARD~WITH PALM BEACH
COUNTY BOARD OF COUNTY COMMISSIONERS, A COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART
HEREOF.
NOWv 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 Northeast/Northwest Second Avenue and Seacrest
Boulevard with Palm Beach County Board of County Commissioners,
a copy of which is attached hereto and made a part hereof.
Section 2. This Resolution shall take effect immediately
upon its passage.
PASSED AND ADOPTED this /~day
CITY OF BOYNTON BEACH, FLORIDA
~i/ce Mayor
Co
ATTEST
ity Clerk
1 Member
council Member
(Corp. Seal)
TRAFFIC CONTROL AGREEMENT
FOR THE INTERSECTION OF
NORTHEAST/NORTHWEST SECOND AVENUE AND SEACREST BOULEVARD
This Traffi~ Control Agreement made and entered into on the date
specified herein by and between Palm Beach Count'y, a political subdivision of
the State of Florida, hereinafter called the County, and Boynton Beach,
hereinafter called the Municipality;
WHEREAS, the County and the Municipality are authorized to enter
5nto this Agreement by Section 125-01 (I) (p) Florida Statutes, as amended,
which section permits the County to enter into agreements with other govern-
i mental 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
system of Palm Beach County in order to provide an integrated and balanced
traffic network.
NOW, THEREFORE, in consideration of the mutual covenants, promises
ii and representations herein, the parties hereto agree as follows:
,i 1. PURPOSE OF CONTRACT
The purpose of this Contract is to provide for the uniform maintenance:
and operation of the traffic control devices to be located at Northeast/
.Northwest Second Avenue and Seacrest Boulevard within the corporate limits
of the Municipality and described specifically as a traffic signal device
and appurtenant signing and to provide that the County assume all installation,
and/or operatiOnal and maintenance responsibilities for said traffic control
devices. The 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 installation and/or maintenance
and operation of those traffic control devices to be located at Northeast/
Northwest Second Avenue and Seacrest Boulevard within the corporate limits of
i! the Municipality and described specifically 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, disclaim 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 which
have been installed by the County and s~all have the right,
duty, and
responsibility to remove said devices and make what disposition it deems
appropriate of them withSn thirty (30) days of the expiration of the Connract.
Unless cancelled in writing by either party, this agreement shall be auto-
matically renewed for an additional ten ('10) year period upon the tenth
anniversary of its execution.
Should this Agreement he cancelled, modified, or abridged by mutual
ii consent of the parties prior to the end of its expiration date, the County
maintain ownership and the incumbent rights of removal and disposition
~, of the traffic control devices at all tSmes.
All 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
· ~ The Municipality shall indemnify, defend and save harmless the
i County from all suits actions or claims brought because of any injuries or
damages sustained by any person or property arising out of this Agreement,
I provided, however, the Munic±pality shall not be required to defend the County
!~ as against ±ts own negligence or the negl±gence of the County's employees,
ii 3 COUNTERPARTS OF AGREEMENT
This Agreement may be simultaneously executed in two counterparts,
each of which shall be deemed to be an original, and such counterparts shall
4. INTERPRETATI ON
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
-2-
include the
singular.
include all genders.
All words used in any gender shall extend to and
The Agreement shall become effective upon approval of the Board of
County Commissioners, Palm Beach County, Florida, by Resolution.
CITY OF BOYNTON BEACH
By:
MAYOR
ATTEST:
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
By:
CHAIRMAN
TOWN CLERK
(Corporate Seal)
DATE
ATTEST:
DEPDTY CLERK
-3-
DATE