HomeMy WebLinkAboutVII (C) Traffic Enforcement Agreement with Cross Creek of Ocoee Homeowners' Association Agenda 9-21-99
Item VII C
FOLEY & LARDNER
CHICAGO POST OFFICE BOX 2 I 93 SACRAMENTO
DENVER ORLANDO.FLORIDA 328O2-2 I 93 SAN DIEGO
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299-3295
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5COOK50 QroLvuw.CON 020377-0107
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Scott A. Cookson, Assistant City Attorne Gr
THROUGH: Paul E. Rosenthal, Esq., City Attorney /\\J\
DATE: September 14, 1999
RE: Traffic Enforcement Agreement with Cross Creek
Attached is a Traffic Enforcement Agreement ("Agreement") relating to enforcing the
Uniform Traffic Control Laws within the Cross Creek subdivision. Execution of this
Agreement would allow the City to enforce the traffic laws upon the private roads within
Cross Creek. The Agreement has been reviewed, approved and executed by the Cross Creek
of Ocoee Homeowners' Association, Inc. (the "Association"). The City staff is
recommending approval.
The terms of this Agreement are identical to the terms of the Traffic Enforcement
Agreement entered into with the Wesmere subdivision earlier this year with the exception of
the amount of the Initial Fee. The Initial Fee covers all of the expenses incurred by the City
in preparing the roads for traffic enforcement such as the placing of the appropriate traffic
control signs. Whereas Wesmere paid an Initial Fee of $810.00, Cross Creek has agreed to
pay an Initial Fee of $1,328.50. The initial Annual Fee under both agreements is $750.00,
which may be adjusted after the first six (6) months.
In addition to the Initial Fee (Section 5) and the Annual Fee (Section 6) referenced
above, the highlights are as follows:
1. The City is authorized to enforce the traffic laws within Cross Creek,
however, the Agreement does not require any minimum level of staffing nor �(
006.153434.1 ;,/V-
FOLEY b. LARDNER
September 14, 1999
Page 2
create any priority for traffic enforcement vis-à-vis public roadways. (Section 2
and Section 3).
2. The Association agrees to indemnify the City for Claims arising out of
the City entering into the Agreement. The indemnification does not apply to
acts of negligence on the part of the City. (Section 7).
3. The Agreement may be terminated by either party upon sixty (60) days
notice. (Section 8).
Recommendation
It respectfully is recommended that the Mayor and City Commissioners approve the
attached Traffic Enforcement Agreement with the Cross Creek of Ocoee Homeowners'
Association, Inc. and authorize execution thereof by the Mayor and City Clerk.
006.153434.1
TRAFFIC ENFORCEMENT AGREEMENT
(CROSS CREEK)
THIS TRAFFIC ENFORCEMENT AGREEMENT ("Agreement") is made
and entered into as of the day of , 1999 (the "Effective Date") by and
between CROSS CREEK OF OCOEE HOMEOWNERS' ASSOCIATION, INC., whose
mailing address is do Sentry Management, Inc. at 3377 West Vine Street, Suite 306,
Kissimmee, Florida 34741-4665 (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 §§ 617.301-617.312; and
WHEREAS, the Association owns and/or controls those private roads within
the Wesmere subdivision which is located in Orange County, Florida, and within the corporate
limits of the City of Ocoee, Florida, said private roads being those roads within the Wesmere
Planned Unit Development (hereinafter referred to as the "Private Roads"); and
WHEREAS, Florida Statutes § 316.006(2)(6) 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 § 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)(6); 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.
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 incorporated
herein by this reference.
006.151848.1
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 put-pose of exercising this
jurisdiction. Such jurisdiction shall give to the City the authority to enforce the Florida
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 City 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 Signs. The Association hereby grants to the City
the right, privilege and easement to enter upon the Private Roads and common areas within the
Wesmere subdivision for the purpose of installing such 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. Initial Fee. Upon execution of this Agreement by the Association,
the Association shall pay to the City an Initial Fee of $1,328.50. The parties agree that this
Initial Fee shall cover all of the expenses incurred by the City in preparing the Private Roads
for traffic enforcement. Such expenses include, but are not limited to, the placing of traffic
control signs along the Private Roads.
Section 6. 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 $750.00 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 parties
agree that during the first six (6) months of this Agreement, the City will monitor the level of
traffic enforcement services actually provided and the actual costs in carrying out this
Agreement. After this initial six (6) month period, the City may increase or decrease the
Annual Fcc based on the results of its findings; however, in no event shall the Annual Fee
exceed $1,500.00. Any increase or decrease in the Annual Fee after the first six (6) months
shall not be applied retroactively to affect the fee apportioned to the first six (6) months of this
Agreement. In the event the City increases the Annual Fee after the initial six (6) month
period, the amount of the increase, taking into account any prorations based on the Effective
Date, shall be due and payable within thirty (30) days from receipt of notice of the increase.
In the event the City decreases the Annual Fee after the initial six (6) month period, the
006.151848.1 2
amount of the decrease, taking into account any prorations based on the Effective Date, will be
refunded to the Association. Each subsequent Annual Fee, or prorated portion thereof, shall
be due and payable on or before January 30 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 (iii) the additional liability insurance costs incurred by
the City as a result of this Agreement.
Section 7. Indemnification. The Association hereby agrees to indemnify and
save 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 any 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 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 omitted to be done in connection
with this Agreement.
Section 8. 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 for the year in which termination occurs. In the event the
Association desires to extend the Term of this Agreement, the Association shall provide
written notice to the City of its desire to do so on or before the December 1" immediately
preceding expiration of the Term.
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, understandings 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 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.
006.151 a48.1 _3
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid hAo take Acknowledgments, personally appeared
P75 �_ , as `�a«t._,t.0- of CROSS CREEK OF
OCOEE HO OWNERS' ASSOCIATION, INC., and who [ ] is personally known to
me or [ ] produced as 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 purposes therein expressed.
ITNESS my hand and official seal in the County and State last aforesaid this
7 day of , 1999.
moils at C' --i---
r Signature of N
esk Ei.,, ELLEN G.HUMMEL /"'
r` l.1Y COIdMISSION#CC 766031 1-Lv i �- G /29 in Y /
1%i. :• EXPIRES:August 9,Poo2 Name of Notary(Typed, Printed or Stamped)
. Bondy Tim Nolery Fuel¢Underwater Nf�� Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
CITY:
Signed, sealed and delivered in the CITY OF OCOEE, FLORIDA
presence of:
By:
S. Scott Vandergrift, Mayor
Print Name:
Attest:
Jean Grafton, City Clerk
(SEAL)
Print Name: Executed on:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
Approved as to form and legality
This day of , 1999.
Foley & Lardner
By:
City Attorney
006.151848.1 5
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.
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 CROSS CREEK OF OCOEE
in tt- presence of : 119.31ROWN S.!.ASSOCIATION, INC.
I^�� Name: Q -T2 r-Cm'JC(;
Print Name: -1?(0lJC, Title: ���`-�6>e,
I / (CORPORATE SEAL)
Print Name: e . , O AS � � Executed on:
006.151848.1 _4
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 acknowledgments, personally appeared S. SCOTT
VANDERGRIFT and JEAN GRAFTON, 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 , 1999.
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):
006.151848.1 _6