HomeMy WebLinkAboutItem #05 Approval of Traffic Enforecement Agreements for Bordeaux, Brookstone, Cross Creek, Forest Brooke, Meadow Ridge, McCormick Woods, Prairie Lake, Westyn Bay and Windsor Landing tie cen ter of Good L
COW
f -s
AGENDA ITEM COVER SHEET
Meeting Date: September 06, 2011
Item #
Reviewed By:
Contact Name: Lieutenant Brad Dreasher Department Director: Charles ro n
Contact Number: X3028 City Manager: Rob Frank fi '
Subject: Traffic Enforcement Agreements- Bordeaux Condominiums, Brookstone Property Owners
Association Inc., Cross Creek Homeowners Association, Inc., Forest Brooke Homeowners Association,
Meadow Ridge Homeowners Association, Inc., McCormick Woods Homeowners Association, Inc.,
Prairie Lake Reserve, Westyn Bay Community Association, Inc., and Windsor Landing Homeowners
Association, Inc.
Background Summary: A traffic enforcement agreement is required by Florida State Statutes 316.006(2) in
order for the City of Ocoee Police Department to have authority to enforce traffic laws upon the private roads
within the limits of the gated subdivisions. The above named communities are requesting such an agreement.
Any previous agreements are either expired or in need of revision. Foley and Lardner revised the agreements.
Issue: Should the Honorable Mayor and Board of the City Commissioners approve traffic enforcement
agreements between the City of Ocoee and each of the following: Bordeaux Condominiums, Brookstone
Property Owners Association Inc., Cross Creek Homeowners Association Inc., Forest Brooke Homeowners
'Association, Inc., Meadow Ridge Homeowners Association, Inc., McCormick Woods Homeowners Association,
Inc., Prairie Lake Reserve, Westyn Bay Community Association, Inc., and Windsor Landing Homeowners
Association, Inc.?
Recommendations: It is recommended that the Honorable Mayor and Board of the City Commissioners
approve traffic enforcement agreements between the City of Ocoee and each of the following: Bordeaux
Condominiums, Brookstone Property Owners Association Inc., Cross Creek Homeowners Association Inc.,
Forest Brooke Homeowners Association, Inc., Meadow Ridge Homeowners Association, Inc., McCormick
Woods Homeowners Association, Inc., Prairie Lake Reserve, Westyn Bay Community Association, Inc., and
Windsor Landing Homeowners Association, Inc..
Attachments:
Traffic enforcement agreements for each of the following: Bordeaux Condominiums, Brookstone Property
Owners Association Inc., Cross Creek Homeowners Association, Inc., Forest Brooke Homeowners Association ,
Meadow Ridge Homeowners Association, Inc., McCormick Woods Homeowners Association, Inc. , Prairie
Lake Reserve, Westyn Bay Community Association, Inc., and Windsor Landing Homeowners Association, Inc.
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 citizens in non -gated subdivisions. DOT
compliant signage will be at the HOA's expense.
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
x Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Foley al • Lardner 8 -18 -2010 N/A
Reviewed by Finance Dept. i, N/A
i Reviewed by () N/A
`•••
Nor
2
TRAFFIC ENFORCEMENT AGREEMENT
Bordeaux Condominiums
THIS TRAFFIC ENFORCEMENT AGREEMENT ( "Agreement ") is made
and entered into as the (I day of ( ),( ), (the "Effective Date ") by and
between Bordeaux Condominiums, whose mailing address is c/o The Continental
Group, Inc., 385 Douglas Avenue, Ste 3000, Altamonte Springs, FL 32714 (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, 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
(subdivision) which is located in Orange County, Florida, and within the corporate limits
''1r,,,,. 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, 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 Unifoun 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.
Revised August 18, 2010 1
ORLA_1609026.2
,,. 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 -a-
vis public roadways or other private roads. All decisions regarding the level of traffic
enforcement on the Private Roads and staffmg 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, "CIaims ") 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
q � � Revised August 18, 2010 2
�1r►" ORLA 1609026.2
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 or not 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 "Tenon "); 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. The parties shall make
amendments to and waivers of the provisions of this Agreement only in writing and by
Saw 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.
Sissy Revised August 18, 2010 3
ORLA_1 609026.2
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:
•
Print Name W S 2, -t Name: A r
Title: res 1 et 41ry -
v L C e % -vd'S (C, RP RATE SEAL)
Print Name ,P , % / Executed on: q � i i l t
STATE OF FLORIDA
COUNTY OF oj'(..A-t\A
I HEREBY CERTIFY that on this day, before me, an officer duly aut onzd �
the State and County aforesaid to take acknowledgements, personally appeare anl who
() is personally known to me or ('produced FL bit—
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 Thia , v l 0 .
OHADEO � -C'r p Q 64Le.C.)
` � aY P� B YVONNE P. M t Signature of Notary
` Notary Public • State of Florida $�
_ n • c My Comm. Expires Mar 30, 2013 t
Commission # l)0 861004 V ivoikiw P. MD 411)
4 f$,°;; ; Bonded Through National Notary Assn.
Name of Notary (Typed, Printed, or Stamped)
Commission Number (if not legible on seal):
My Commission expires (if not legible on seal):
Revised August 18, 2010 4
` fliow ORLA_1609026.2
CITY:
'err
Signed, sealed and delivered in the CITY OF OCOEE, FLORIDA
• Presence of:
By:
Print Name S. Scott Vandergrift, Mayor
Attest:
Print Name Beth Eikenberry, City Clerk
(SEAL)
Executed on:
FOR USE AND RELIANCE ONLY APPROVED BY TILE 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 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 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):
Soy Revised August 18, 2010 5
ORLA 1609026.2
TRAFFIC ENFORCEMENT AGREEMENT
Brookstone Property Owners Association, Inc.
THIS TRAFFIC ENFORCEMENT AGREEMENT ( "Agreement ") is made
and entered into as the (j day of ( ),( ), (the "Effective Date ") by and
between BROOKSTONE PROPERTY OWNERS ASSOCIATION, INC., whose
mailing address is c/o Southwest Property Management, P.O. Box 783367, Winter
Garden, FL 34778 (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, 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
(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, Chapter 316, State Uniform Traffic Control §
2
316.006 regarding jurisdiction authorizes the City, subject to certain provisions, to
()(b ) g gj tY� J P
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.
Revised August 18, 2010 1
ORLA_1609026.2
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 -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 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
Revised August 18, 2010 2
ORLA_1609026.2
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 or not 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. 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. The parties shall make
amendments to and waivers of the provisions of this Agreement only in writing and 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. 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.
mire Revised August 18, 2010 3
ORLA 1609026.2
„,. 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, sealer a d delivered
In the presen( e o -�
i� _ By:
P -i. t�Name l A ,, L CA i Name: / 5i fF I-f-_ i c �-
,_,j Title: ` /,.- F .... 5` +� ..
a... , ,�, (CORPO TE SEAL) 7
Print Name 111 /' Executed on: `?)�,b Z /0
STATE OF FLORIDA
COUNTY OF O rZz,y�d e _
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
itraw the State and County aforesaid to take acknowledgements, personals appeared and 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 hEnd and official seal in the County and State last aforesaid the
I day of . 1 c° /hvE',( .,20 •
b octAc L._,.._
; AIVO/ k,1
°. Signature of Notary
•°sw.• °pj0
n°°° °°° ° TAM A RA °gOWERMA
7Enc TO Wel rr01”)
y irk,/ Comm# DD0649161
SOPu ? %
: .-z; � Expires 31 ry Assn., ln1112011
= c
.� rF� ' Fb� da Nota Commission Number (if not legible on seal):
° ° ° °°
° °" ° " "° ° ° My Commission expires (if not legible on seal):
Revised August 18, 2010 4 1
ORLA_1609026.2
1
. 1
CITY:
Signed, sealed and delivered in the CITY OF OCOEE, FLORIDA
Presence of:
By:
Print Name S. Scott Vandergrift, Mayor
Attest:
Print Name 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
B
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 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 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):
err, Revised August 18, 2010 5
ORLA_1609026.2
TRAFFIC ENFORCEMENT AGREEMENT
Slow
Cross Creek Homeowners Association, Inc.
THIS TRAFFIC ENFORCEMENT AGREEMENT ( "Agreement ") is made
and entered into as the (j day of ( ),( ), (the "Effective Date ") by and
between Cross Creek Homeowners Association, Inc., whose mailing address is c/o
Leland Management, Inc., 6972 Lake Gloria Blvd., Orlando, FL 32809 (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 ").
WITNESSETII ... _ .. . _. _.. .
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
(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, 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.
Revised August 18, 2010 1
ORLA_1609026.2
•
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-a-
vis public roadways or other private roads. All decisions regarding the level of traffic
enforcement on the Private Roads and staffmg related thereto shall be within the sole
Skase 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
►' Revised August 18, 2010 2
ORLA 1609026.2
•
• herein shall be construed to include within the foregoing indemnity and liability on the
part �f 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.
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. The parties shall make
amendments to and waivers of the provisions of this Agreement only in writing and 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. 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.
,,.. Revised August 18, 2010 3
ORLA 1609026.2
' 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:
By: ',�,�'�
Print Name` sue tW .. Name: CA.fo a i .... - t In S i , . ..._._
t
Title: f 9a t ' � t
K G (CORPORATE SEAL)
Print Name a FA c-6r1 Executed on: A.\ , , (
STATE OF FLORIDA
COUNTY OF U/? 4 Av 6Z
votary 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 (_) 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
/ 2_ day of 1,t G- ( S , 020 /i .
Signature of Notary
i/ /7=7
Name of Notary (Typed, Printed, or Stamped)
Commission Number (if not legible on seal):
My Commission expires (if not legible on seal):
^kw. Notary Public States of Florida
Diane McDermott
h ;. My Commission EE087584
''ro. Expires 08/01/2015
".,. Revised August 18, 2010 4
ORLA_1609026.2
CITY:
firr
Signed, sealed and delivered in the CITY OF OCOEE, FLORIDA
Presence of:
By:
Print Name S. Scott Vandergrift, Mayor
Attest:
Print Name 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
err. 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 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 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
Nance of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission expires (if not legible on seal):
94 011,.. Revised August 18, 2010 5
ORLA_1609026.2
TRAFFIC ENFORCEMENT AGREEMENT
Forest Brooke Homeowners Association
THIS TRAFFIC ENFORCEMENT AGREEMENT ( "Agreement ") is made
and entered into as the (_), day of ( ),( ), (the "Effective Date ") by and
between Forest Brooke Homeowners Association, whose mailing address is c/o Sentry
Management, Inc. 2180 West State Road 434, Ste. 5000, Longwood, FL 32779
(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, 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
(subdivision) which is located in Orange County, Florida, and within the corporate limits
r1r' 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, 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 Fl rida 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 thatkhe City may enforce the traffic laws of the State of
Florida on the Private Roads; and
WHEREAS, this Agreement has been duly approve4 and authorized by the
Association in accordance with its Articles of Incorporations Bylaws, and other
applicable governing documents.
v Revised August 18, 2010 I 1
ORLA 9609026.2
NOW, THEREFORE, ir. consideration of the premises and other good and
valuable considerations exchangeid between the parties hereto, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
i
Section 1. Recitals. The, above recitals are true and correct and incorporate
herein by this reference.
i
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
unifoiiu 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 -a-
vis public roadways or other private roads. All decisions regarding the level of traffic
enforcement on the Private Road 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 lhall 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 contro 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 incur Ice 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 4 all losses, costs, expenses, claims, damages,
judgments, liabilities and causes of action whatsoever (collectively, "Claims ") including
reasonable attorneys' fees and paif fees, both at trial and at appellate levels, arising
out of or alleged to have arisen oi of the City entering into this Agreement. Nothing
,,,,,,. Revised August 18, 2010 1 2
ORLA 1609026.2
1
Now, - 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 or not done in connection with this Agreement.
Section 7. Term; Termi I ation. 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 teiuiinated
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. The parties shall make
amendments to and waivers of th provisions of this Agreement only in writing and 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 &greement.
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.
`,,,,,,, Revised August 18, 2010 i 3
ORLA_1609026.2
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
Sig sealed and deli -
Ig the presence of: / OF
By: // Vii /d► i
' not Name t U 0,4 .-S Nap . _ y' <61
�V Title: e ) ,
A , (CORPO TE SEAL)
VA. t Name ; Ammo; v 1 Executed on: g71.4" t1
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 and who
(__X) is personally known to me oil ( ) 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 had and official seal in the County and State Last aforesaid the
day of Asp) S , !r .
..i
Sign. e of Notar
ZPgY p Name of Notary (Typed, Printed Stamped)
r° . • . JOSEPH ARROYO
* t3 * MY COMMISSION # DD 959341 Commission Number (if not legible on seal):
EXPIRES: February 16, 2014
- -9 4 0 , 1 0` Bonded Tlw Budget Notary Services My Commission expires (if not Iegible on seal):
Revised August 18, 2010 ! 4
ORLA 1609026.2
I
CITY:
Signed, sealed and delivered in the CITY OF OCOEE, FLORIDA
Presence of:
By:
Print Name S. Scott Vandergrift, Mayor
Attest:
Print Name 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 legaliiy ON , , UNDER
this day of , 20i 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 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 exeLting 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):
i
r Revised August 18, 2010 5
ORLA_1609026.2
TRAFFIC ENFORCEMENT AGREEMENT
McCormick Woods Homeowners Association, Inc.
THIS TRAFFIC ENFORCEMENT AGREEMENT ( "Agreement ") is made
and entered into as the (j day of ( ),( ), (the "Effective Date ") by and
between McCormick Woods Homeowners Association, Inc, whose mailing address is
c/o Specialty Management Company of Central Florida, 882 Jackson Avenue, Winter
Park, FL 32789 (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, 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
(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, 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.
Revised August 18, 2010 1
ORLA 1609026.2
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 -a-
• vis public roadways or other private roads. All decisions regarding the level of traffic
enforcement on the Private Roads and staffmg related thereto shall be within the sole
`k.- 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
Revised August 18, 2010 2
ORLA 1609026.2
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 or not 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. 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. The parties shall make
amendments to and waivers of the provisions of this Agreement only in writing and by
r►. 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. 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.
Revised August 18, 2010 3
ORLA_1609026.2
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:
■
By:
',
L ......, .... \ \N lj .. x e ,N.„ .,.. :,:,„„ „. '
Pr' _.�—, Name Jam` f� C; 1te Name. Ov�, d',.t&A.cu s�
Title: ( 3 '
/ 0..
� � / l,' , , /" -0 , (CORPORATE SEAL)
��`
Print Name /pg 7y l,t i - Executed on:
STATE OF FLORIDA
COUNTY OF Pi/G/6///
•
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
fir the State and County aforesaid to take acknowledgements, personally appeared and who
(4is 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 nnj hand and official seal in the County and State last aforesaid the
%6 day of 0 /2 C./. /i1/.3 ,,1Z „.D 016
} ,,�;t�:, Signature ofNotary
�v ru Notary Public State of Florida
49 ., nc Rhonda S Click 1� HO /t>>`-), 5 . C t. (;i./ul
�, a Rhonda missiof DD8246A5
s,� lQ Expiros 0912.112012 Name of Notary (Typed, Printed, or Stamped)
Commission Number (if not legible on seal):
My Commission expires (if not legible on seal):
Revised August 18, 2010 4
ORLA 1609026,2
Vklitor
CITY:
b4 kiire
Signed, sealed and delivered in the CITY OF OCOEE, FLORIDA
Presence of:
By:
Print Name S. Scott Vandergrift, Mayor
Attest:
Print Name 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 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 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):
Revised August 18, 2010 5
ORLA_1609026.2
TRAFFIC ENFORCEMENT AGREEMENT
Prairie Lake Reserve
THIS TRAFFIC ENFORCEMENT AGREEMENT ( "Agreement ") is made
and entered into as the (j day of ( ),( ), (the "Effective Date ") by and
between Prairie Lake Reserve, whose mailing address is 5200 Vineland Road, Ste 200,
Orlando, FL 32811 (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, 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
(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, 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.
Saw Revised August 18, 2010 1
ORLA_1609026.2
•
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 -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 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
Revised August 18, 2010 2
NNW ORLA 1609026.2
part of the Association for Claims arising out of acts of negligence by the City. The City
*law 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.
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. The parties shall make
amendments to and waivers of the provisions of this Agreement only in writing and 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. 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.
Revised August 18, 2010 3
ORLA_1609026.2
IN WITNESS WHEREOF, the Association and the City have caused this
*46110, 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:
1 L , ► By: ,, ,.
Print Name (,, r ja (,cs fi. Name: „A IA
Title: Pf_ S 40
,2:6-751 (CORPORATE SEAL)
Prii t Name •3 +"11 m- tz_ Executed on: (p,i.1 tl t 74) t
STATE OF FLORIDA
COUNTY OF (7)tc..gr
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 (_) 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
1 / day of Av. r , 11 .
Sit :tune of Notary
K . S -f c,.4- k—
Name
of Notary (Typed, Printed, or Stamped)
Commission Number (if not legible on seal):
My Commission expires (if not legible on seal):
,,,, JUDITH K. STARK
. MY COMMISSION ti DD 888055
EXPIRES: May 10, 2013
oPf 4, ir
,q "' Bonded Thru Notary PubllcUnderwriters
Revised August 18, 2010 4
ORLA 1609026.2
_
CITY:
Signed, sealed and delivered in the CITY OF OCOEE, FLORIDA
Presence of:
By:
Print Name S. Scott Vandergrift, Mayor
Attest:
Print Name 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 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 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):
Revised August 18, 2010 5
ORLA_1609026.2
TRAFFIC ENFORCEMENT AGREEMENT
Westyn Bay Community Association, Inc.
THIS TRAFFIC ENFORCEMENT AGREEMENT ( "Agreement ") is made
and entered into as the (j day of ( ),( ), (the "Effective Date ") by and
between Westyn Bay Community Association, Inc., whose mailing address is c/o
Sutherland Management, Inc., 107 North Line Drive, Apopka, FL 32703 (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, 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
(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, 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.
Revised August 18, 2010 1
ORLA_1609026.2
'o.► 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 -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 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
Slaw Revised August 18, 2010 2
ORLA 1609026.2
herein shall be construed to include within the foregoing indemnity and liability on the
r 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.
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. The parties shall make
amendments to and waivers of the provisions of this Agreement only in writing and 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. 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.
Revised August 18, 2010 3
ORLA 1609026.2
r 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:
,2� C. /4 BY. , "r! —
Print Name bt4 i fl C 14
ryiu 4 Name. Pt.... '(c cz_
J Title:
Ie2�� (CORPORATE SEAL)
P /1/Mot e, ?07`Uil/ Executed on: . i~ ,,,\r, - `'i,, o ■ D
STATE OF FLORIDA
COUNTY OF 0refiNG G.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
Now the Slate and County aforesaid to take acknowledgements, personally appeared and 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.
—7 WITNESS my hand and official seal in the County and State last aforesaid the
t l day of ieGe rh b -2C° , aO to .
L_dLcA4 ki
Signa , re of Not.4
� G
NANCY r't: /VII `VIN /t f V c y C , _P i Ai
p f `d; Notary Public - State of Florida 1/ //
so c' s My Comm, Expires Jun 16, 2013 Name of Notary (Typed, Printed, or Stamped)
,L Wail"' Bonded Commission # Through National Notary Alap,
Commission Number (if not legible on seal):
My Commission expires (if not legible on seal):
Now Revised August 18, 2010 4
ORLA 1609026.2
CITY:
Signed, sealed and delivered in the CITY OF OCOEE, FLORIDA
Presence of:
By:
Print Name S. Scott Vandergrift, Mayor
Attest:
Print Name 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 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 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):
Revised August 18, 2010 5
ORLA_1609026.2
TRAFFIC ENFORCEMENT AGREEMENT
Windsor Landing Homeowners Association, Inc.
THIS TRAFFIC ENFORCEMENT AGREEMENT ( "Agreement ") is made
and entered into as the (I day of ( ),( ), (the "Effective Date ") by and
between Windsor Landing Homeowner's Association, Inc., whose mailing address is
c/o Leland Management Inc., 6972 Lake Gloria Boulevard, Orlando, FL 32809
(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, 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
(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, 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.
Revised August 18, 2010 *11 161.e ORLA_1609026.2 •
Stir 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 -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 Co ntrol Sims and l ar kings. 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 Fed. 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
Revised August 18, 2010 2
ORLA_1609026.2
part of the Association for Claims arising out of acts of negligence by the City. The City
err 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.
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 teen 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. A reement; 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 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. 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. •
Revised August 18, 2010 3
ORLA 1609026.2
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: ai
0
Pri e 1 el. v k i SS Name: C cd'4 6- }•
�--Z -�
Title: I(7. il�cQ�o� Lc ? ice; ,2,,- /404
I>• , (CORPORATE SEAL)
Print Name R(195 LL- d . I1 ` ' Executed on: ` ate, . `F ;.-6/
STATE OF FLORIDA
COUNTY OF 1h/di g'
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the and County aforesaid to take acknowledgements, personally appeared and who
(X) 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
,4t-t day of � � �s i 7; v , 2 4" 11 •
9/2
0
Sign ureyNotaiy f
; ti fY . MARY CAROL SHAVER .12) /9L Y ( A,&1 c 9:4/ 147.
*. 1 ;r MY COMMISSION # DD 893457 Name of l)Fotary (Typed, Printed, or Stamped)
€XPIRES: July 30, 2013
'Apr, noe.' Bonded Thrp Notary Public Underwriters
Commission Number (if not legible on seal):
My Commission expires (if not legible on seal):
p„ Revised August 18, 2010 • 4
ORLA_1609026.2
CITY:
Signed, sealed and delivered in the CITY OF OCOEE, FL`I;RIDA
Presence of:
By:
Print Name S. Scott Vandergrift, Mayor
Attest:
Print Name Beth Eikenberry, City Clerk
(SEAL)
Executed on:
FOR USE AND RELIANCE ONLY APPROVED ,I Y THE OCOEE CITY
>Y THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD
Approved as to form and legality I , , UNDER
this day of , 20 AGENDA ITEM N1.
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.
SC E• TT VANDERGRIFT and BETH EIKENBERRY, personally known to nie to be
the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLOM.I J 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 011 seal):
ORLA 1609
R evised 2 August 18, 2010 5