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HomeMy WebLinkAboutItem #04 Traffice Enforcement Agreement - Villas at Woodsmere AGENDA ITEM COVER SHEET Charlie Brown X 3022 Meeting Date: June 6, 2006 Item # 4 Reviewed By: Department Director: City Manager: Contact Name: Contact Number: 4'1#. ' . ,""~ c c~ ~' : C Background Summary: A traffic enforcement agreement is required by Florida State Statutes 316.006(2) for the Ocoee Police Department to have authority to enforce traffic laws upon the private roads within the limits of the gated subdivisions. THE VILLAS AT WOODSMERE HOMEOWNER'S ASSOCIATION, INe., is requesting such an agreement. Issue: Should the Honorable Mayor and Board of City Commissioners approve a traffic enforcement agreement between the City ofOcoee and THE VILLAS AT WOODSMERE HOMEOWNER'S ASSOCIATION, INC. Recommendations It is recommended that the Honorable Mayor and Board of City Commissioners approve a traffic enforcement agreement between the City ofOcoee and THE VILLAS AT WOODSMERE HOMEOWNER'S ASSOCIATION, INC. Attachments: Agreement is hyperlinked through the Staff Report. traffic enforcement agreement 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 people in non-gated subdivisions. THE VILLAS AT WOODSMERE HOMEOWNER'S ASSOCIATION, INC. shall bear the expense of DOT compliant signage. Type of Item: (please mark with an "x'? Public Hearing _ Ordinance First Reading Ordinance Second Reading Resolution x Commission Approval Discussion & Direction For Clerk's DeDt Use: _ Consent Agenda _ Public Hearing _ Regular Agenda ~ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) N/A N/A N/A City Manager Robert Frank Commissioners Gary Hood, District 1 Scott Anderson. District 2 Rusty Johnson, D~strict 3 Nancy J. Parker, District 4 Mayor S. Scott Vandergrift STAFF REPORT TO: The Honorable Mavor and City Commissioners FROM: Steven J. Goclon, Chief of Police DATE: June 6, 2006 RE: Traffic Enforcement Agreement - VILLAS AT WOODSMERE ISSUE Should the Honorable Mayor and Board of City Commissioners approve a traffic enforcement agreement between the City ofOcoee and THE VILLAS AT WOODSMERE HOMEOWNER'S ASSOCIATION, INC. BACKGROUNDIDISCUSSION A traffic enforcement agreement is required by Florida State Statutes 316.006(2) for the Ocoee Police Department to have authority to enforce traffic laws upon the private roads within the limits of the gated subdivisions. The City of Ocoee has not previously entered into a traffic enforcement agreement with THE VILLAS AT WOODSMERE HOMEOWNER'S ASSOCIATION, INe. The association owns the private roads within the Villas at Woodsmere subdivision within the City ofOcoee and would like for the Ocoee Police Department to be able to enforce traffic laws on their roads. The agreement would help improve the safety of the citizens in the Villas at Woodsmere subdivision. Without the agreement, the police department has no authority to enforce traffic laws upon the roads within the gated community and traffic complaints within the subdivision would go unresolved. The initial term of the traffic enforcement agreement between the City of Ocoee and THE VILLAS AT WOODSMERE HOMEOWNER'S ASSOCIATION, INC. is two (2) years. The agreement would automatically renew for an additional two years at the end of each two-year term unless terminated by either party under the terms of the agreement. The agreement shall not require any minimum staffing or create priority for traffic enforcement. The agreement is City's standard traffic enforcement agreement approved by Foley and Lardner and used on previous occasions with other homeowners' associations within the city. There is no fee associated with the agreement. 1 TRAFFIC ENFORCEMENT AGREEMENT (VILLAS AT WOODSMERE) TmS TRAFFIC ENFORCEMENT AGREEMENT ("Agreemenf') is made and entered into as of th~day of fna t/ , 2006 (the "Effective Date") by and between THE VILLAS AT WOODSMERE HOMEOWNER'S ASSOCIATION, INC., a Florida not- for-profit corporation, whose mailing address is 20751 S.R. 520. Orlando, FL 32833 (hereinafter referred to as the "Association") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City"). WIT N E SSE T H: WHEREAS, the Association is a not-for~profit corporation existing pursuant to and in accordance with Florida Statutes &s 617.301-617.312; and WHEREAS, the Association owns andlor controls those private roads within the Villas at Woodsmere subdivision which is located in Orange County, Florida, and within the corporate limits of the City of Ocoee, Florida (hereinafter referred to as the "Private Roads"); and WHEREAS, Florida Statutes S 316.006(2)(b) authorizes the City, subject to certain provisions, to enter into an agreement with the Association whereby the Association grants unto the City traffic control jurisdiction over the Private Roads within the subdivision controlled by the Association; and WHEREAS, Florida Statutes S 316.640(3) authorizes the City to require that the City police department enforce the traffic laws of the State of Florida on any private roads pursuant to a written agreement under Florida Statutes & 316.006(2)(b); and WHEREAS, the Association and the City desire to have the Association grant unto the City traffic control jurisdiction over the Private Roads as authorized by Florida Statutes S 316.006(2)(b) so that the City may enforce the traffic laws of the State ofF16rida on the Private Roads; and WHEREAS, this Agreement has been duly approved and authorized by the Association in accordance with its Articles of Incorporation, Bylaws and other applicable governing documents. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby aclmowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. ORLA_39;z7;17.1 Section 2. Traffic Control Jurisdiction. The parties agree that the City shall have traffic control jurisdiction over the Private Roads and that officers of the City police department are authorized to enter upon the Private Roads for the purpose of exercising this jurisdiction. Such jurisdiction shall give to the City the authority to enforce the Florida Uniform Traffic Control Laws on the Private Roads. The exercise of jurisdiction provided for herein shall be in addition to jurisdictional authority presently exercised by the City under law, and nothing in this Agreement shall be construed to limit or remove any such jurisdictional authority. Such existing jurisdiction includes, but is not limited to, the regulation of access to the Private Roads by security devices or personnel. Section 3. Traffic Enforcement. The City hereby agrees that the City police department will enforce the Florida Uniform Traffic Control Laws on the Private Roads; provided, however, that the foregoing shall not be. construed to require any minimum level of staffing or create any priority for traffic enforcement on the Private Roads vis-a-vis public roadways or other private roads. All decisions regarding the level of traffic enforcement on the Private Roads and staffing related thereto shall be within the sole discretion of the City police department. Section 4. Traffic Control Si1!ns. The Association hereby grants to the City the right, privilege and easement to enter upon the Private Roads and common areas within the Villas at Woodsmere subdivision for the purpose of installing such traffic control signs and other traffic control apparatus as the City may deem to be necessary for the enforcement of traffic laws on the Private Roads. Section 5. Initial Fee. Upon execution of this Agreement by the Association, the Association shall pay to the City an Initial Fee of $0.00. The parties agree that this Initial Fee shall cover all of the expenses incurred by the City in preparing the Private Roads for traffic enforcement. Such expenses include, but are not limited to, the placing of traffic control signs along the Private Roads. Section 6. Traffic Enforcement Fee. In consideration for the City exercising traffic control jurisdiction over the Private Roads, the Association hereby agrees to pay to the City an annual Traffic Enforcement Fee ("Annual Fee"). The initial Annual Fee Wlder this Agreement will be set at $0.00 and shall be prorated based on the Effective Date and due and payable within thirty (30) days from the Effective Date of this Agreement. The parties agree iliat during the fIrst six (6) months of this Agreement, the City will monitor the level of traffic enforcement services actually provided and the actual costs in carrying out this Agreement. After this initial six (6) month period, the City may increase or decrease the Annual Fee based on the results of its fmdings. Any increase or decrease in the Annual Fee after the first six (6) months shall not be applied retroactively to affect the fee apportioned to the first six (6) months of this Agreement. In the event the City increases the Annual Fee after the initial six (6) month period, the amoWlt of the increase, taking into account any prorations based on the Effective Date, shall be due and payable within thirty (30) days from receipt of notice of the increase. In the event the City decreases the Annual Fee after the initial six (6) month period, the amount of the decrease, taking into account any prorations based on the Effective Date, will be refunded to the Association. Each subsequent Annual Fee, or prorated portion thereof. shall be due and payable ORLA_392727.1 -?~ on or before January 30 of each year in which traffic enforcement services are rendered. The parties hereby agree that the Annual Fee is made as reimbursement for (i) the actual costs of traffic control and enforcement, (ii) the costs associated with maintaining the traffic control signs and apparatus, and (Hi) the additional liability insurance costs incurred by the City as a result of this Agreement. Section 7. Indemnification. The Association hereby agrees to indemnify and save the City hannless from and against all losses) costs, expenses, claims, damages, judgments, liabilities and causes of action whatsoever (collectively) "Claims") including reasonable attorneys' fees and paralegal fees, both at trial and at appellate levels, arising out of or alleged to have arisen out of the City entering into this Agreement. Nothing herein shall be construed to include within the foregoing indemnity any liability on the part of the Association for Claims arising out of acts of negligence by the City. The City shall use its best efforts to promptly notify the Association in "Writing of any Claims based on this Agreement and shall provide, the Association with information regarding the Claims based on this Agreement as the Association may reasonably request, but the failure to give such notice or provide such information shall not diminish the obligations of the Association under this Section. No Claims whatsoever shall be made or asserted against the City by the Association for or on account of anything done or as a result of anything done or omitted to be done in connection with this Agreement. Section 8; Term: Termination. The term of this Agreement shall be two (2) years from the Effective Date (the "Term'\ provided, however, that this Agreement may be terminated by either party upon sixty (60) days written notice to the address first appearing in this Agreement. In the event of termination by either party the Association is entitled to a pro rata refund of the Annual Fee paid for the year in which termination occurs. In the event the Association desires to extend the Term of this Agreement, the Association shall provide "Written notice to the City of its desire to do so on or before the December 1st immediately preceding expiration of the Term. Section 9. Applicable Law. This Agreement and the provisions contained herein shall be-liberally construed and interpreted according to the laws of the State of Florida. Section 10. Ae:reement: Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions ofthis Agreement shall be made by the parties only in writing by formal amendment. Section 11. Counterparts. This Agreement may be executed in any number of counterparts) each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 12. Captions. Captions of the Sections and Subsections of this Agreement are for convenience arid reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. ORLA_392727.1 -~- TRAFFIC ENFORCEMENT AGREEMENT (VILLAS AT WOODSMERE) TIDS TRAFFIC ENFORCEMENT AGREEMENT ("Agreement") is made and entered into as ofth~day of mati ,2006 (the "Effective Date") by and between THE VILLAS AT WOODSMERE HOMEOWNER'S ASSOCIATION, INC., a Florida not- for-profit corporation, whose mailing address is 20751 S.R. 520, Orlando, FL 32833 (hereinafter referred to as the "Association") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City"). WITNE SSETH: WHEREAS, the Association is a not-for-profit corporation existing pursuant to and in accordance with Florida Statutes SS 617.301-617.312; and WHEREAS, the Association owns and/or controls those private roads w~thin the Villas at Woodsmere subdivision which is located in Orange County, Florida, and within the corporate limits of the City of Ocoee, Florida (hereinafter referred to as the "Private Roads"); and WHEREAS, Florida Statutes S 316.006(2)(b) authorizes the City, subject to certain provisions, to enter into an agreement with the Association whereby the Association grants unto the City traffic control jurisdiction over the Private Roads within the subdivision controlled by the Association; and WHEREAS, Florida Statutes S 316.640(3) authorizes the City to require that the City police department enforce the traffic laws of the State of Florida on any private roads pursuant to a written agreement under Florida Statutes S 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 S 316.006(2)(b) so that the City may enforce the traffic laws of the State of Florida on the Private Roads; and WHEREAS, this Agreement has been duly approved and authorized by the Association in accordance with its Articles of Incorporation, Bylaws and other applicable governing documents. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. ORLA_3927~7.1 Section 2. Traffic Control Jurisdiction. The parties agree that the City shall have traffic control jurisdiction over the Private Roads. and that officers of the City police department are authorized to enter upon the Private Roads for the purpose of exercising this jurisdiction. Such jurisdiction shall give to the City the authority to enforce the Florida Uniform Traffic Control Laws on the Private Roads. The exercise of jurisdiction provided for herein shall be in addition to jurisdictional authority presently exercised by the City under law, and nothing in this Agreement shall be construed to limit or remove any such jurisdictional authority. Such existing jurisdiction includes, but is not limited to, the regulation of access to the Private Roads by security devices or personnel. Section 3. Traffic Enforcement. The City hereby agrees that the City police department will enforce the Florida Uniform Traffic Control Laws on the Private Roads; provided, however, that the foregoing shall not be construed to require any minimum level of staffing or create any priority for traffic enforcement on the Private Roads vis-a-vis public roadways or other private roads. All decisions regarding the level of traffic enforcement on the Private Roads and staffing related thereto shall be within the sole discretion of the City police department. Section 4. Traffic Control Si{!ns. The Association hereby grants to the City the right, privilege and easement to enter upon the Private Roads and common areas within the Villas at W oodsmere subdivision for the purpose of installing such traffic control signs and other traffic control apparatus as the City may deem to be necessary for the enforcement of traffic laws on the Private Roads. Section 5. Initial Fee. Upon execution of this Agreement by the Association, the Association shall pay to the City an Initial Fee of $0.00. The parties agree that this Initial Fee shall cover all of the expenses incurred by the City in preparing the Private Roads for traffic enforcement. Such expenses include, but are not limited to, the placing of traffic control signs along the Private Roads. Section 6. Traffic Enforcement Fee. In consideration for the City exercising traffic control jurisdiction over the Private Roads, the Association hereby agrees to pay to the City an annual Traffic Enforcement Fee ("Annual Fee"). The initial Annual Fee under this Agreement will be set at $0.00 and shall be prorated based on the Effective Date and due and payable within thirty (30) days from the Effective Date of this Agreement. The parties agree that during the first six (6) months of this Agreement, the City will monitor the level of traffic enforcement services actually provided and the actual costs in carrying out this Agreement. After this initial six (6) month period, the City may increase or decrease the Annual Fee based on the results of its findings. Any increase or decrease in the Annual Fee after the first six (6) months shall not be applied retroactively to affect the fee apportioned to the first six (6) months of this Agreement. In the event the City increases the Annual Fee after the initial six (6) month period, the amount of the increase, taking into account any prorations based on the Effective Date, shall be due and payable within thirty (30) days from receipt of notice of the increase. In the event the City decreases the Annual Fee after the initial six (6) month period, the amount of the decrease, taking into account any prorations based on the Effective Date, will be refunded to the Association. Each subsequent Annual Fee, or prorated portion thereof, shall be due and payable ORLA_392727.1 -?- on or before January 30 of each year in which traffic enforcement services are rendered. The parties hereby agree that the Annual Fee is made as reimbursement for (i) the actual costs of traffic control and enforcement, (ii) the costs associated with maintaining the traffic control signs and apparatus, and (iii) the additional liability insurance costs incurred by the City as a result of this Agreement. Section 7. Indemnification. The Association hereby agrees to indemnify and save the City harmless from and against all losses, costs, expenses, claims, damages, judgments, liabilities and causes of action whatsoever (collectively, "Claims") including reasonable attorneys' fees and paralegal fees, both at trial and at appellate levels, arising out of or alleged to have arisen out of the City entering into this Agreement. Nothing herein shall be construed to include within the foregoing indemnity any liability on the part of the Association for Claims arisiJ;1g out of acts of negligence by the City. The City shall use its best efforts to promptly notify the Association in writing of any Claims based on this Agreement and shall provide the Association with information regarding the Claims based on this Agreement as the Association may reasonably request, but the failure to give such notice or provide such information shall not diminish the obligations of the Association under this Section. No Claims whatsoever shall be made or asserted against the City by the Association for or on account of anything done or as a result of anything done or omitted to be done in connection with this Agreement. Section 8. Term: Termination. The term of this Agreement shall be two (2) years from the Effective Date (the "Term"); provided, however, that this Agreement may be terminated by either party upon sixty (60) days written notice to the address first appearing in this Agreement. In the event of termination by either party the Association is entitled to a pro rata refimd of the Annual Fee paid for the year in which termination occurs. In the event the Association desires to extend the Term of this Agreement, the Association shall provide written notice to the City of its desire to do so on or before the December 1 st immediately preceding expiration of the Term. Section 9. Aoolicable Law. This Agreement and the provisions contained herein shall be liberally construed and interpreted according to the laws of the State of Florida. Section 10. A2reement: Amendment. Ibis Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Section 11. Counteroarts. 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 12. Caotions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. ORLA_392727.1 -~- Section 13. Severability. If any sentence, phrase, paragraph, proVIsIOn or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. Section 14. Effective Date. The Effective Date of this Agreement shall be the date first appearing in this Agreement and shall coincide with the date the Agreement is executed by the City. IN WITNESS WHEREOF, the Association and the City have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. ASSOCIATION Signed, sealed and delivered THE VILLAS AT WOODSMERE i'\~preS'i'\ceOf: ~~ ROM S ASSOCIATION, INC., ~ &~\l_~ a Flo da not- r-profit corporatIOn (\ \, \. By: Print Name~~b-NC:- \<... tf\:, l\1(.;1- e: 11tP~ &Ltl.~ v_ Itle: Print Name: !>'J A Jfi /~ a:, t...L ye:-- ~ (CORPORATE SEAL) Executed on: ORLA_392727.1 _4_ STATE OF FLORIDA." r_ COUNTY OF D.1!dt~ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the S~ N1~unty aforesaid 0 take acknowledgments, personally appeared -S~ \) uJ(b.~ , as of THE VILLAS AT WOODSMERE HOMEOWNERS ASSOCIATION, C., and who L-J is personally known to me or ~ produced as identification, and that he/she acknowledged executing the same in the presence of two subscribing witnesses, on behalf of said corporation, freely and voluntarily, for the uses and purposes therein expressed. '"' ~ WITNESS my hand and offic' ~ daYOf~, 2006. ture otNOtary ~ ame ofNotaIy (Typed, Printe~~'!ifl[d~ Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): ~ ~<6" ~J\ NotIIyPubllcSlaleofFbida ...."i Charl8neKMinler ~Of,.i ~~31500:. .~.. ORLA_392727.1 -,,- CITY: Signed, sealed and delivered in the presence of: CITY OF OCOEE, FLORIDA By: Print Name: S. Scott Vandergrift, Mayor Print Name: Attest: Beth Eikenberry, City Clerk (SEAL) Executed on: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. Approved as to form and legality This _ day of , 2006. 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 State and County aforesaid to take acknowledgments, 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 , 2006. 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): ORLA_392727.1 _h_