HomeMy WebLinkAboutCity of Tamarac Resolution R-89-0211
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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
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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.
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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
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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.
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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
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BANYAN.LAKES.AG
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