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HomeMy WebLinkAboutItem 07 Approval of Traffic Enforcement Agreement with Wesmere Maintenance Association, Inc Ocoee tier,,. AGENDA ITEM COVER SHEET Meeting Date: June 18, 2019 Item # 7 Reviewed By: Contact Name: Lt. Scott Nylander' Department Director: Chi-; C►.rl . Brow Contact Number: X3315 City Manager: Rob Fra 1 Subject: Traffic Enforcement Agreement with Wesmere Maintenance Asso ation, Inc. Background Summary: A Traffic Enforcement Agreement is being requested between the City of Ocoee and Wesmere. The term of this agreement shall be two (2) years from the effective date. 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 the contract. Issue: Should the Honorable Mayor and Board of City Commissioners approve a Traffic Enforcement Agreement with Wesmere? Recommendations: Staff recommends the Honorable Mayor and Board of City Commissioners approve the Traffic Enforcement Agreement with Wesmere. Attachments: Traffic Enforcement Agreement with Wesmere. Financial Impact: There is no financial impact. Type of Item: (please mark with an"x") Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda x Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Dana Crosby-Collier on 5/23/2019 N/A Reviewed by Finance Dept. N/A Reviewed by N/A TRAFFIC ENFORCEMENT AGREEMENT Wesmere at Ocoee, Unit One THIS TRAFFIC ENFORCEMENT AGREEMENT ("Agreement") is made and entered into as the day of , 2019, (the "Effective Date") by and between WESMERE MAINTENANCE ASSOCIATION, INC., a Florida not for profit corporation, whose address is 135 W. Central Blvd, Suite 720, Orlando, Florida 32801 (hereinafter referred to as the "Association"), and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, 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, Chapter 617, Corporations Not For Profit, §§ 617.301-617.312; and WHEREAS, the Association is a homeowners association organized pursuant to Florida Statutes, Chapter 720, Homeowners' Association, General Provisions, §§ 720.301-720.313; and WHEREAS, the Association owns and/or controls those private roads within the Wentworth community which is located in Orange County, Florida, and within the corporate limits of the City of Ocoee, Florida, (hereinafter referred to as the "Private Roads"); and WHEREAS, Florida Statutes, Chapter 316, State Uniform Traffic Control § 316.006(2)(b) regarding jurisdiction 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, Chapter 316, State Uniform Traffic Control, § 316.640(3) regarding enforcement 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 unto 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 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. 1 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. 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 enforcing 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 Florida Statutes, Chapter 316, State Uniform Traffic Control and the Code of the City of Ocoee, Chapter 168, Vehicles and Traffic, 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-à- 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 Signs and Markings. All traffic control signs and markings within the subdivision shall be in compliance with the Manual on Uniform Traffic Control Devices (MUTCD), and shall be installed and maintained by the Association. The City shall have the right at any time to require installation, maintenance and modification of 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 at $0.00. The parties hereby agree that the Annual Fee is made as reimbursement for (i) the actual costs of traffic control and enforcement, and (ii) 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 hold the City harmless 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 2 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 information regarding the Claims based on this Agreement as the Association may reasonably request, but the 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 or not done in connection with this Agreement. Nothing set forth in this Agreement shall be deemed or construed as a waiver of sovereign immunity by the City and the City shall have and maintain at all times and for all purposes any and all rights, immunities and protections available under controlling legal precedent and as provided under Section 768.28, Florida Statutes and other applicable law. This indemnification and hold harmless shall survive any termination of 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. 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. Notice. Any notice delivered with respect to the Agreement shall be in writing and be deemed to be delivered (whether or not actually received) when (i) hand delivered to the other party, or (ii) when sent by overnight courier service for next business day delivery (i.e., Federal Express), addressed to the party at the address set forth on the first page of this Amendment, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith. The parties agree that future notice of change of address or change of the names of officers of the Association may be given by the Association to the City in a written notice in accordance with this Section. Section 9. 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 10. Agreement; 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. The parties shall make amendments to and waivers of the provisions of this Agreement only in writing and by formal amendment. Section 11. 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. 3 Section 12. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. Section 13. 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. Section 14. 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. SIGNATURES ON FOLLOWING PAGE 4 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. WESMERE MAINTENANCE ASSOCIATION, INC., a Florida not for profit corporation Signed, sealed and delivered In the presence of: By: Print Name Name: Title: (CORPORATE SEAL) Print Name Executed on: STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared , as of Wesmere Maintenance Association, Inc.,who( )is personally known to me or )produced Identification 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. WITNESS my hand and official seal in the County and State last aforesaid the day of Signature of Notary Name of Notary(Typed,Printed,or Stamped) Commission Number(if not legible on seal): My Commission expires(if not legible on seal): 5 CITY: Signed, sealed and delivered in the CITY OF OCOEE,FLORIDA Presence of: By: Print Name Rusty Johnson, Mayor Attest: Print Name Melanie Sibbitt, City Clerk (SEAL) Executed on: FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE,FLORIDA. COMMISSION AT A MEETING HELD Approved as to form and legality ON , ,UNDER this day of ,20 . AGENDA ITEM NO. Shuffield Lowman & Wilson P.A. By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared RUSTY JOHNSON and MELANIE SIBBITT, 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(if not legible on seal): My Commission expires(if not legible on seal): 6