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R07-033 IT T 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. R07 - O~.3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A RELEASE AND INDEMNIFICATION AGREEMENT WITH THE SEMBLER COMPANY TO ALLOW A TEMPORARY INSTALLATION OF TRAFFIC SIGNAL POLES IN A CITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as part of the Boynton Town Center proj ect, the Sembler Company is 15 responsible to upgrade traffic signals at the Mall entrance adjacent to Olive Garden Congress Avenue; and 16 Restaurant on Congress Avenue to provide access to their project on the east side of 17 18 WHEREAS, upon recommendation of staff, the City Commission has determined that it 19 is in the best interests of the residents of the City to approve and execute a Release and 20 Indemnification Agreement with the Sembler Company to allow a temporary installation of 21 traffic signal poles in a City Easement on the west side of Congress Avenue at the entrance to the 22 Boynton Beach Mall adjacent to Olive Garden Restaurant. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 25 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 30 authorizes and directs the City Manager to execute a Release and Indemnification Agreement S:\CA\RESOlAgreements\Sembler Temp Traffic Signal.doc " 1 with the Sembler Company to allow a temporary installation oftraffic signal poles in a City 2 Easement on the west side of Congress Avenue at the entrance to the Boynton Beach Mall 3 adjacent to Olive Garden Restaurant, a copy of said Agreement is attached hereto as Exhibit 4 "A". 5 Section 3. This Resolution shall become effective immediately upon passage. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PASSED AND ADOPTED this ~ day of March, 2007. <=:: ATTEST: S:\CA\RESOlAgreements\Sembler Temp Traffic Signal.doc II