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HomeMy WebLinkAboutCity of Tamarac Resolution R-89-0211 2 Temp. Reso. #5300 3 4 i 5' 6 10 11 12 13 14 15 16 17 18 1 22 23 24 25 26 27 28 29 30 31 34 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-89--_/� A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH BANYAN LAKES HOMEOWNERS ASSOCIATION, INC., PERTAINING TO THE ENFORCEMENT OF TRAFFIC CONTROL BY THE CITY WITHIN THE BANYAN LAKES DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute an Agreement with the Banyan Lakes Homeowners Association, Inc., pertaining to the enforcement of traffic control by the City within the Banyan Lakes development, a copy of said agreement being attached hereto as "Exhibit 1". SECTION 2: That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County, Florida. SECTION 3: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED thisoZS day of 1989. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. �Q� RICHARD DOODY CITY ATTORNEY ITZ 0 RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ All-(41— DISTRICT 1: C/M ROHR DISTRICT 2: V/M STo l_?�R DISTRICT 3: C/M H0FFk1AN DISTRICT 4: C/M BENDER AGREEMENT BETWEEN THE CITY OF TAMARAC AND BANYAN LAKES HOMEOWNERS ASSOCIATION, INC. RELATING TO THE ENFORCEMENT OF TRAFFIC CONTROL z- THIS Agreement made and entered into thisa�� day of 1989, by and between Banyan Lakes Home- owners Associ tion, Inc. hereinafter referred to as "Associ- ation", and the City of Tamarac hereinafter referred to as "City". WHEREAS, Banyan Lakes is a residential homeowners development located within the municipal boundaries of the City of Tamarac; and WHEREAS, contained on the property of Banyan Lakes are private roads or driveways owned by the Association; and WHEREAS, said roadway complies with the definitions contained within Florida Statute 316.003 as such; and WHEREAS, the Association is desirous of entering into this agreement with the City of Tamarac pursuant to Florida Statute 316.640(3)(a). NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein and other good and valuable consideration each to the other and paid it is agreed as follows: 1. The Association hereby grants to the City the right to enter into and upon all private roadways and other limited access roads within the property of Banyan Lakes Homeowners Association for the purpose of conferring on the municipality •the right to enforce on a daily twenty-four (24) hour basis the traffic control laws of the State of Florida. -1- i2-99-ai The roadways which are the subject of this Agreement are more particularly described on Exhibit "A", attached hereto and incorporated herein. 2. Pursuant to Section 316.189 Florida Statutes, the City shall determine the maximum speed limit on the roads which are the subject of this Agreement. Additionally, the O Association hereby agrees that all traffic control signs and devices shall conform to the Uniform System of Traffic Control Devices adopted by the Department of Transportation pursuant to Chapter 316 Florida Statutes. 3. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by the Association without the prior written consent of City. However, the Agreement shall run to the City and its successors. 4. This Agreement may be terminated by either party for cause, or by the City for convenience, upon thirty (30) days written notice by the terminating party to the other party of such termination. . 5. The Association, by execution of this Agreement, agrees to indemnify and save harmless the City and defend the City from any claim, demand or cause of action of whatsoever kind of nature arising out of error, omission or negligent act of City, its agents, servants or employees in the performance of services under this Agreement. 6. This Agreement is intended to comply with Florida Statute(s) 316.006 as amended, and 316.640 as amended. 7. This Agreement shall be executed in triplicate, each copy being deemed an original. The parties agree that one original shall be retained by the Association, one original shall be retained by the City, and one original shall be recorded in the official Records of Broward County. SM 0 C� 11 IN WITNESS WHEREOF the undersigned appeared to set their hands and seals. CITY OF TAMARAC By: HAA4A.A_ (&4•Vu-G'1.1= ` MAYOR e_40e4L 4, 17 v,4nr5. CATY STATE OF FLORIDA COUNTY OF BROWARD PERSON LY APe ED befre me, the undersigned author- ity,",,, who being first duly sworn, on oath, deposes s an sa that they ha>6read the above and fore- going statement and thatthey executed the same freely and voluntarily for the uses and purposes therein expressed. WITNESS, my hand and seal a): the Cit f Tamarac, Broward County, Florida, this ! �' day of, , 1989. My Commission expires: Notary Public, State of Florida at Large My Commission Expires June 15, 1991 Bonded thru Huckleue, ry & Associates BANYAN LAKES HOMEOWNERS ASSOCIATION, INC. By: reside 1 U STATE OF FLORIDA COUNTY OF BROWARD PERSONALLY APP ARED before me, the undersigned author- ity, , who being first duly sworn, on oath, depose and s&lys tbfit he has read the above and fore- going statement and that he executed the same freely and voluntarily for the uses and purposes therein expressed. WITNESS, my hand and seal at the City of Tamarac, Broward County, Florida, this 1 (o day of 1989. My Commission expires: MYAm "KIC STATE OF FL0010A air plNl1014 l v, loll "Wo TN*V rt*WW iss. 140. BANYAN.LAKES.AG �. , i,, : - - r -3- b AI LEY ROAD R- S9 -2 / Cp 3 Z f�J 11