HomeMy WebLinkAboutItem #06 Traffic Enforcement Agreement - Bordeaux Condo Assoc.
AGENDA ITEM COVER SHEET
Meeting Date: March 6, 2007
Item # W
Contact Name:
Contact Number:
it
Charlie Brown.
x3022
Reviewed By:
Department Direct
City Manager:
Subject: Traffic Enforcement Agreement - Bordeaux Condominium Association
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. Bordeaux Condominium Association is requesting such an agreement.
Issue:
Should the Honorable Mayor and Board of City Commissioners approve a traffic enforcement agreement
between the City of Ocoee and the Bordeaux Condominium 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 Bordeaux Condominium Association.
Attachments:
Agreement is hyperlinked through the StafIReport.
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. Foley and Lardner have reviewed and approved agreement.
Type of Item:
o Public Hearing
o Ordinance First Reading
o Ordinance First Reading
o Resolution
I2$] Commission Approval
o Discussion & Direction
For Clerk's DeDi Use:
o Consent Agenda
o Public Hearing
o Regular Agenda
o Original Document/Contract Attached for Execution by City Clerk.
[gI Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
D N/A
D N/A
D N/A
Commissioners
Danny Howell, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker. District 4
Mayor
S. Scott Vandergrift
City Manager
Robert Frank
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
Ronald L. Reffett, Chief of Police
DATE:
February 27, 2007
RE:
Traffic Enforcement Agreement - Bordeaux Condominium Association.
ISSUE
Should the Honorable Mayor and Board of City Commissioners approve a traffic enforcement agreement
between the City of Ocoee and the Bordeaux Condominium 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 Bordeaux
Condominium Association. The association owns the private roads within Bordeaux Condominium 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 Bordeaux Condominium 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 are going unresolved.
The initial term of the traffic enforcement agreement between the City of Ocoee and the Bordeaux
Condominium 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. There is no fee
associated with the agreement.
.Jan. 2.2007 11:41AM
Bordeaux Condominium Associat ion
No.2379 p. 2
{
TRAFFIC ENFORCEMENT AGREEMENT
TIDS TRAFFlCE ENFORCEMENT AGREEMENT ("Agreement") is made
and entered into as the 13th day of December 2006, 12/1312006 by and between The
Bordeaux Condominium Association, whose mailing address is 1960 Erving Circle
Ocoee, Fl3476L The Bordeaux Condominium Association Inc. 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 ~~ 617301-617.312; and
WHEREAS, the association owns and/or controls those private roads within the
(subdivision) which is located in Orange COWlty, Florida, and within the corporate limits
of the City of Ocoee. Florida, said private roads being those roads within the
(subdivision) (hereinafter referred to as the "Private Roads''); and
WHEREAS, Florida Statutes ~ 316.006(2)(b) authorizes the City, subject to
certain provisions, to enter into an agreement with the Association whereby the
Association grants unto the City traftic control jurisdiction over the Private Roads within
the subdivision controlled by the Association; and
WHEREAS, Florida Statutes ~ 316.640(3) authorizes the City to require that the
City police department enforce the traffic laws of the State of Florida on any private
roads pUrsuant to a written agreement under Florida Statutes ~ 316.006(2)(b); and
WHEREAS, the Association and the City desire to have the Association grant
Wlto the City traffic control jurisdiction over the Private Roads as authorized by Florida
Statutes ~ 316.006(2)(b) so that the City may enforce the traffic laws of the State of
Flodda on the Private Roads; and
.
WHEREAS, this Agreement has been duly approved and authorized by the
Association in accordance with its Articles of Incorporatio~ 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 re<::eipt 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.
!"
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Jan. 2.2007 11:41AM
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Bordeaux Condominium Association
( i
No.2379
p. 3
Section 2. Trame Control Ju.ri5di~tion. 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 OT Temove
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 E.oads;
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 Sips. All traffic control signs within the subdivision
shall be unifonn trame 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. 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 (iii) the
additional liability insurance costs incurred by the City as a result of this Agreement.
SedioD 6. IndemDifi~atioD. The Association hereby agrees to indemnify and
save the City harmless from and against all losses, costs, expenses, claims, ~ages,
judgments, liabilities and causes of action whatsoever (collectively, "Claims") including
reasonable attorneys' fees WId 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 intormation regarding the
Claims based on this Agreement as the Association may reasonably request, but the
t'ailure to give such notice or provide such intormation 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 tor or on account of anything done or as a result of
anything done omitted to be done in connection with this Agreement.
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Jan. 2.2007 11:42AM
Bordeaux Condominium Associat ion
No.2379 p. 4
...
Section 7. Tel"m~ Tennination. 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. 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. ADolicable Law. This Agreement and the provisions contained
herein shall be liberally construed and interpreted according to the Jaws of the State of
Florida.
Section 9. A2retmeut; Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previ.ous discussions, understanding
and agreements, with respect to the subject matter heTeOf. Amendments to and waivers
of the provisions of this Agreement shall be made by the parties only in writing by formal
amendment
Section 10. COUDternarts. 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
shaH constitute one and the same instrument
Section 11. Caotions. Captiot)s 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 [0 explain, modifY, amplify or aid in the interpretation. construction or
meaning of the provisions of this Agreement.
Section 12. Severability. 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.
Seetion 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.
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Jan. 2.2007 11:42AM
Bordeaux Condominium Association
No.2379 p. 5
...
(
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.
ASSOCIATION
Signed, sealed and delivered
In the presence of:
Pri~~~
By:
Name:
Title:
. .
(CORPORA IE SEAL)
Print Name
Executed on:
STATE OF FLO~ .
COUNTY OF (kAA ~11-
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the State and County aforesaid to take acknowledgements, personally appeared and who
N) is personally known to me or U produced
id;ntification, and that he/she acknowledged 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.
WITNE~ my hand and official seal in the County and State last aforesaid the
~ day of ~,LAj a-v-<C... , hx;(, .
Signature olary
~e' n~
Name ofN tary ~ed, - tecl. or Stamped)
Commissioo NlIIDba (if DOt Iqpble OD seal);
1; ...., T KInI
!..... . ~~00I2tII7t
'= ~ EIlfIllH ()daIler Of. ZOO7
My CollldlissjOft Expires (if not legible on stili);
4
, Jan. 2. 2007 11:42AM
Bordeaux Condominium Associat ion
No.2379 p. 6
10
CITY:
Signed, sealed and delivered in the
Presence of:
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
Print Name
Print Name
Attest:
Beth Eikenberry, City Clerk
(SEAL)
Executed on:
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA.
Approved as to form and legality
this _ day of ,20_"
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON ,UNDER
AGENDA ITEM NO.
Foley & LardnerLLP
By,',
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the Sate and County aforesaid to take acknowledgements, personally appeared S.
SCOTT V ANDERGRIFT 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 duly 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 (it'not legible on $ClIl)'
5