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HomeMy WebLinkAboutItem 05 Consideration of Traffic Enforcement Agreement with City of Ocoee and the Wentworth Homeowners’ Association, Inc AGENDA ITEM COVER SHEET Meeting Date: October 4, 2005 Item # ..5 Contact Name: Contact Number: Steve Goclon x3027 Reviewed By: Department Director: City Manager: Background Summary: A traffic enforcement agreement is required by Florida State Statutes 316.006(2) for the Ocoee Police Department to have authority to enforce traffic laws upon the private roads within the limits of the gated subdivisions. Wentworth Homeowners' Association is requesting such an agreement. Issue: Should the Honorable Mayor and Board of City Commissioners approve a traffic enforcement agreement between the City ofOcoee and the Wentworth Homeowners' Association. Recommendations It is recommended that the Honorable Mayor and Board of City Commissioners approve a traffic enforcement agreement between the City of Ocoee and the Wentworth Homeowners' Association. Attachments: Agreement is hyperlinked through the Staff Report. Financial Impact: None. City Commission and staff previously agreed that citizens living in gated communities paid property taxes and were entitled to the same protections and police services as people in non-gated subdivisions. DOT compliant signage will be at the HOA's expense. Type of Item: o Public Hearing o Ordinance First Reading o Ordinance First Reading o Resolution [8] Commission Approval o Discussion & Direction For Clerk's Deot Use: o Consent Agenda o Public Hearing o Regular Agenda ~ Original Document/Contract Attached for Execution by City Clerk D Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) ~\ N/A /~r N/A o N/A City Manager Robert Frank Commissioners Danny Howell. District 1 Scott Anderson. District 2 Rusty Johnson. District 3 Nancy J. Parker. District 4 Mayor S. Scott Vandergrift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Steven J. Goclon, Chief of Police Ji,. ~ 1.. \. I ," t..;., DATE: September 26, 2005 RE: Traffic Enforcement Agreement - Wentworth Subdivision ISSUE Should the Honorable Mayor and Board of City Commissioners approve a traffic enforcement agreement between the City ofOcoee and the Wentworth Homeowners' Association. BACKGROUNDIDISCUSSION A traffic enforcement agreement is required by Florida State Statutes 316.006(2) for the Ocoee Police Department to have authority to enforce traffic laws upon the private roads within the limits of the gated subdivisions. The City of Ocoee has not previously entered into a traffic enforcement agreement with the Wentworth Homeowners' Association. The association owns the private roads within Wentworth subdivision within the City of Ocoee and would like for the Ocoee Police Department to be able to enforce traffic laws on their roads. The agreement would help improve the safety of the citizens in the Wentworth subdivision. Without the agreement, the police department has no authority to enforce traffic laws upon the roads within the gated community and traffic complaints within the subdivision would go unresolved. The initial term of the traffic enforcement agreement between the City of Ocoee and the Wentworth Homeowners' Association is two (2) years. The agreement would automatically renew for an additional two years at the end of each two-year term unless terminated by either party under the terms of the agreement. The agreement shall not require any minimum staffing or create priority for traffic enforcement. The agreement is City's standard traffic enforcement agreement approved by Foley and Lardner and used on previous occasions with other homeowners' associations within the city. There is no fee associated with the agreement. TRAFFIC ENFORCEMENT AGREEMENT WENTWORTH HOMEOWNERS' ASSOCIATION, INC. THIS TRAFFICE ENFORCEMENT AGREEMENT ("Agreement") is made and entered into as the _day of (date here) (the "Effective Date") by and between Wentworth Homeowners' Association, Inc. whose mailing address is P.O. Box 531010, Orlando FL 32853-1010 (hereinafter referred to as the "Association") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Florida 34761 (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the Association is a not- for-profit corporation existing pursuant to and in accordance with Florida Statutes SS 617.301-617.312; and WHEREAS, the association owns and/or controls those private roads within the (subdivision) which is located in Orange County, Florida, and within the corporate limits ofthe City of Ocoee, Florida, said private roads being those roads within the (subdivision) (hereinafter referred to as the "Private Roads"); and WHEREAS, Florida Statutes 9 3l6.006(2)(b) authorizes the City, subject to certain provisions, to enter into an agreement with the Association whereby the Association grants unto the City traffic control jurisdiction over the Private Roads within the subdivision controlled by the Association; and WHEREAS, Florida Statutes S 316.640(3) authorizes the City to require that the City poOlice department enforce the traffic laws of the State of Florida on any private roads pursuant to a written agreement under Florida Statutes 9 316.006(2)(b); and WHEREAS, the Association and the City desire to have the Association grant unto the City traffic control jurisdiction over the Private Roads as authorized by Florida Statutes 9 316.006(2)(b) so that the City may enforce the traffic laws of the State of Florida on the Private Roads; and WHEREAS, this Agreement has been duly approved and authorized by the Association in accordance with its Articles of Incorporation, Bylaws, and other applicable governing documents. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporate herein by this reference. 1 Section 2. Traffic Control Jurisdiction. The Parties agree that the City shall have traffic control jurisdiction over the Private Roads and that officers of the City police department are authorized to enter upon the Private Roads for the purpose of exercising this Uniform Traffic Control Laws on the Private Roads. The exercise of jurisdiction provided for herein shall be in addition to jurisdictional authority presently exercised by the City under law, and nothing in this Agreement shall be construed to limit or remove any such jurisdictional authority, Such existing jurisdiction includes, but is not limited to, the regulation of access to the Private Roads by security devices or personnel. Section 3. Traffic Enforcement. The City hereby agrees that the police department will enforce the Florida Uniform Traffic Control Laws on the Private Roads; provided, however, that the foregoing shall not be construed to require any minimum level of staffing or create any priority for traffic enforcement on the Private Roads vis-a- vis public roadways or other private roads. All decisions regarding the level of traffic enforcement on the Private Roads and staffing related thereto shall be within the sole discretion of the City police department. Section 4. Traffic Control Silros. All traffic control signs within the subdivision shall be uniform traffic control signs and shall be installed and maintained by the Association. The City shall have the right at any time to require additional traffic control signs and other traffic control apparatus as the City may deem to be necessary for the enforcement of traffic laws on the Private Roads. Section 5. Traffic Enforcement Fee. In Consideration for the City exercising traffic control jurisdiction over the Private Roads, the Association hereby agrees to pay to the City an annual Traffic Enforcement Fee ("Annual Fee"). The initial Annual Fee under this Agreement will be set a $ 0.00 and shall be prorated based on the Effective Date and due and payable within thirty (30) days from the Effective Date of this Agreement. The Annual Fee for subsequent years will be set by the City on or prior to (date) of each year for the subsequent calendar year. Each subsequent Annual Fee shall be due and payable on or before (date) of each year in which traffic enforcement services are rendered. The parties hereby agree that the Annual Fee is made as reimbursement for (i) the actual costs of traffic control and enforcement, (ii) the costs associated with maintaining the traffic control signs and apparatus, and (Hi) the additional liability insurance costs incurred by the City as a result of this Agreement. Section 6. Indemnification. The Association hereby agrees to indemnify and save the City hannless from and against all losses, costs, expenses, claims, damages, judgments, liabilities and causes of action whatsoever (collectively, "Claims") including reasonable attorneys' fees and paralegal fees, both at trial and at appellate levels, arising out of or alleged to have arisen out of the City entering into this Agreement. Nothing herein shall be construed to include within the foregoing indemnity and liability on the part of the Association for Claims arising out of acts of negligence by the City. The City shall use its best efforts to promptly notify the Association in writing of any Claims based on this Agreement and shall provide the Association with infonnation regarding the Claims based on this Agreement as the Association may reasonably request, but the 2 failure to give such notice or provide such information shall not diminish the obligations of the Association under this Section. No Claims whatsoever shall be made or asserted against the City by the Association for or on account of anything done or as a result of anything done omitted to be done in connection with this Agreement. Section 7. Term: Termination. The term of this Agreement shall be two (2) years from the Effective Date (the "Term"); provided, however, that this Agreement may be terminated by either party upon sixty (60) days written notice to the address first appearing in this agreement. In the event of termination by either party, the Association is entitled to a pro rata refund of the Annual Fee paid, if any, for the year in which termination occurs. This Agreement will automatically renew for an additional two-year term at the end of each two-year term unless the Agreement has been terminated in accordance with this Section. Section 8. Applicable Law. This Agreement and the provisions contained herein shall be liberally construed and interpreted according to the laws of the State of Florida. Section 9. Aereement: Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understanding and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Section 10. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 11. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in on way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. Section 12. Severabilitv. If any sentence, phrase, paragraph, provision or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. Section 13. Effective Date. The Effective Date of this Agreement shall be the date first appearing in this Agreement and shall coincide with the date the Agreement is executed by the City. 3 IN WITNESS WHEREOF, the Association and the City have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. Signed, sealed and delivered In t e presence 0 . Print Name~m Print Name: ft~lti"'L A~a.S ASSOCIATION WENTWORTH HOA, INC. B~:M~~.cJ:tM ~ . uOO Name: H. Ib~a.u Title: C.O('r\I"l"\-vr\~ ~'i ~C. ~~~ !GZRPORATE SEAL) Executed on: IV A STATE OF FL~A COUNTY OF __. J.C}~/}./f___ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the St~e and County afo . to...l.a!<:e c;lcknowledgements, personally appeared and who ~ personally kno to me or _ produced Identification, and that c owledged executing the same in the presence of two subscribing witnesses, on behalf of said corporation, freely and voluntarily, for the uses and proposes therein expressed. . I .{WITN~ ~ and official seal~. in j!1e--County and State last aforesaid the & day of \, . /]_71 ,&AQ0 ..;'" ".~::';.:',~, KATHERI~E ANN MONTGOMERY ~~ '<. Notary Public - State of F10rlda ~. .~ MyCorrrrilem~~:z.4.m ':. ~i Commi3lioll' 00138867 ,~~- Bonded By National Notary Alan. Name of Notary (Typed, Printed, or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): 4 CITY: Signed, sealed and delivered in the Presence of: CITY OF OCOEE, FLORIDA Print Name By: S. Scott Vandergrift, Mayor Attest: Beth Eikenberry, City Clerk (SEAL) Print Name Executed on: FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEEt FLORIDA. COMMISSION AT A MEETING HELD Approved as to form and legality ON , UNDER this _ day of t 20_. AGENDA ITEM NO. Foley & Lardner LLP By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer dilly authorized in the Sate and County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority dilly vested in them by said municipality . WITNESS my hand and official seal in the County and State last aforesaid this day of Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (ifnot legible on seal): My Commission Expires (if not legible on seal): 5