HomeMy WebLinkAboutItem #04 Approval of Traffic Enforcement Agreement for Westyn Bay Townhomes Subdivision
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AGENDA ITEM COVER SHEET
Meeting Date: August 18, 2009
Item # L/
Contact Name:
Contact Number:
S. Godon
X 3021
Reviewed By:
Department Director: Char
City Manager: R. Frank
Subject: Traffic Enforcement Agreement - Westyn Bay Townhomes Subdivision
Commissioner Gary Hood - District 1
Background Summary:
A traffic enforcement agreement is required by Florida State Statutes 316.006(2)(b) for the Ocoee Police
Department to have authority to enforce traffic laws upon the private roads within the limits of the gated
subdivisions. Towns ofWestyn Bay Community 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 Towns ofWestyn Bay Community Association?
Recommendations
It is recommended that the Honorable Mayor and Board of City Commissioners approve a traffic enforcement
agreement between the City ofOcoee and Towns ofWestyn Bay Community Association.
Attachments:
Traffic enforcement agreement
Financial Impact:
None. The Honorable Mayor and Board of City Commissioners 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 Towns of Westyn Bay Community Association's
expense.
Type of Item: (please mark with an "x')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
x Commission Approval
Discussion & Direction
For Clerk's Deat Use:
Consent Agenda
Public Hearing
_ Regular Agenda
x Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
Agreem:4~oley and Lardner
N/A
N/A
N/A
Citv Mana!!er
Robert Frank
Commissioners
Garv Hood. District 1
Rosemarv Wilsen. District 2
Rustv Johnson, District 3
Joel Keller. District 4
Mavor
S. Scott Vandergrift
ST AFF REPORT
TO:
The Honorable Mayor and City Commissioners
~')
CharI s J. wn, Chief of Pohce
Augus , 2009
FROM:
DATE:
RE:
Traffic Enforcement Agreement - Westyn Bay Townhomes
ISSUE:
Should the Honorable Mayor and Board of City Commissioners approve a traffic enforcement agreement
between the City ofOcoee and the Towns ofWestyn Bay Community Association?
BACKGROUNDIDISCUSSION:
A traffic enforcement agreement is required by Florida State Statutes 316.006(2)(b) 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 Towns
of Westyn Bay Community Association. The Association owns the private roads within Westyn Bay
Townhomes 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 Westyn
Bay Townhomes 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 agreement shall not require any minimum staffing or create priority for traffic enforcement.
There is no fee associated with the agreement. The Honorable Mayor and Board of City Commissioners 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
Towns ofWestyn Bay Community Association's expense.
The initial term of the traffic enforcement agreement between the City of Ocoee and the Towns of Westyn Bay
Community Association is two (2) years and is effective upon approval by the Honorable Mayor and Board of
City Commissioners. 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 was created by Foley and Lardner.
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TRAFFIC ENFORCEMENT AGREEMENT
Westyn Bav Townhomes
THIS TRAFFIC ENFORCEMENT AGREEMENT ("Agreement") is made
and entered into as the _ day of ,2009, (the "Effective Date") by and
between Towns ofWestyn Bay Community Association, Inc., whose mailing address is
6912 Lake Gloria Blvd., Orlando, FL 32809-3200 (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 ~~ 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
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 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)(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 ofthe 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.
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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 staffmg 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 Siens. 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. 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 6. 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 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 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 omitted to be done in connection with this Agreement.
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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. 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. 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. Amendments to and waivers
ofthe 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 ofthe 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. 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 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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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 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.
Foley & Lardner LLP
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 (if not legible on seal):
My Commission Expires (if not legible on seal):
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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.
(O/J}(}5 of W!:Jn &~ CA"j1-c.
ASSOCIATION. ,...j
Signed, sealed and delivered
In the presence of:
By:
Nam : '
Title: f (esderrt.
(C~TESEAL)
Executed on: ~ g
STATE OF FLORIDA
COUNTY OF OntVl~ e..--
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
(_) is personally known to me or 00 produced~toyi A.c, 'Dy-~ \I~V3. U U?/\.s.e...
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
~dayof 01)14 ' ~1 .
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Signature ofN tary
-tio Ii~ Mt:&d.e't;,
Name of Notary (ry ed, Printed, or Sped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
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