HomeMy WebLinkAboutItem #04 Traffic Enforcement Agreement-Wesmereire C of Good Lip
AGENDA ITEM COVER SHEET
Meeting Date: January 15, 2013
Item #
Contact Name:
Contact Number:
Lieutenant Brad Dreasher
407 - 905 -3160 ext. 3028
i
Reviewed By:
Department Director: Chief Char J. Brown
City Manager: Robert Frank 10
Subject: Traffic Enforcement Agreement- Wesmere District 3, Commissioner Johnson
Background Summary:
A traffic enforcement agreement is required by Florida State Statues 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
subdivision. Wesmere Maintenance Association, Inc. (aka Homeowners Association) is requesting such an
agreement. The term of this agreement shall be two (2) years from the effective date and will automatically
renew for an additional two (2) year period unless terminated by either party with 60 day written notice. Other
than the dates, this is the same agreement previously updated and reviewed by the City Attorney and approved
by the City Commission in 2010.
Issue:
Should the Honorable Mayor and Board of City Commissioners approve the traffic enforcement agreement
between the City of Ocoee and Wesmere Maintenance Association?
Recommendations
It is recommended that the Honorable Mayor and Board of City Commissioners approve the traffic enforcement
agreement between the City of Ocoee and Wesmere Maintenance Association.
Attachments:
Traffic Enforcement Agreement between the City of Ocoee and Wesmere Maintenance Association.
Financial Impact:
None. City Commission and staff previously agreed that citizens living in gated communities pay property taxes
and were entitled to the same protections and police services as citizens in non -gated communities. DOT
compliant signage will be at the Maintenance Association's expense.
Type of Item: (please mark with an `x')
Public Hearing
For Clerk's Dept Use:
Ordinance First Reading
X 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 08 -20 N/A
Reviewed by Finance Dept. N/A
Reviewed by () N/A
TRAFFIC ENFORCEMENT AGREEMENT
k,e Mob l �v fwd G Si�
(Association Name)
THIS TRAFFIC ENFORCEMENT AGREEMENT ( "Agreement") is made
and entered into as the ( day of (_Dec. ),(2012J, (the "Effective Date ") by and
between Wesmere Maintenance Assoc., whose mailing address is (6972 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, 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
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.
S eefi on 2. Traffic Control J i icdietion 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.
Se ction 3 Traffic Enforcement The City hereby agrees that the police
department will enforce Florida Statutes, Chapter 31.6, 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 -d-
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 Marl ingN 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 55. Traffic Enforcement F ee, 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
ORL4 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 teen unless the Agreement has been
terminated in accordance with this Section.
Secti 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 1 2 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
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 re ence o
By:
Print Name Name �ND'er}
(CORPO TE SEAL)
Print Name �; R,Y Executed on: h �� ✓T J, 2 t' i3
STATE OF FLOWA
COUNTY OF IZ4 6-
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 Y"Lc y pry
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
/ iignaium f1W7PrYaSW8t7W s DeCau1
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wP Erns 0442912018
Name of Notary (Typed Printed, or Stamped)
Commission Number (if not legible on seal): C C / 7 U 1 d.;�
My Commission expires (if not legible on seal): 2 :g (6
0
Revised August 18, 2010 4
ORIA_1609026.2
CITY:
Signed, sealed and delivered in the
Presence of
Print Name
Print Name
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):
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA.
Approved as to form and legality
this day of , 20
Shuffield, Lowman & Wilson, P.A.
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
Attest:
Beth Eikenberry, City Clerk
(SEAL)
Executed on:
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON ,UNDER
AGENDA ITEM NO.
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 CTI'Y 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.
CITY OF OCOEE, FLORIDA
as
S. Scott Vandergrift, Mayor
Revised August 18, 2010
ORLA 1609026.2