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HomeMy WebLinkAboutItem #03 - Traffic Enforcement Agreement - Crestwood Heights Sub. AGENDA ITEM COVER SHEET Meeting Date: March 21,2006 Item # .3 Contact Name: Contact Number: S. Goclon X 3021 Reviewed By: Department Director: City Manager: ~ /...."11 ~I / :tt:. "" 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. Crestwood Heights Townhomes Owners' Association, Inc. is requesting such an agreement. Issue: Should the Honorable Mayor and Board of City Commissioners approve a traffic enforcement agreement between the City of Ocoee and the Crestwood Heights Townhomes Owners' Association, Inc. Recommendations It is recommended that the Honorable Mayor and Board of City Commissioners approve a traffic enforcement agreement between the City of Ocoee and the Crestwood Heights Townhomes Owners' Association, Inc. Attachments: Agreement is hyperlinked through the Staff Report. 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. Crestwood Heights Townhomes Owners' 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 ~ 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 Citv Manager Robert Frank Commissioners Garv Hood. District 1 Scott Anderson. District 2 Rustv Johnson. District 3 Nancv J. Parker. District 4 Mavor S. Scott Vandergrift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Steven J. Goc1on, Chief of Police DATE: March 14,2006 RE: Traffic Enforcement Agreement - Crestwood Heights Subdivision ISSUE Should the Honorable Mayor and Board of City Commissioners approve a traffic enforcement agreement between the City ofOcoee and the Crestwood Heights Townhomes Owners' 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 Crestwood Heights Townhomes Owners' Association, Inc. The association owns the private roads within Crestwood Heights subdivision within the City of Ocoee and would like for the Ocoee Police Department to be able to enforce traffic laws on their roads. The agreement would help improve the safety of the citizens in the Crestwood Heights 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 Crestwood Heights Townhomes Owners' 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. TRAFFIC ENFORCEMENT AGREEMENT CRESTWOOD HEIGHTS TOWNHOMES OWNERS ASSOCIATION, INC. THIS TRAFFIC ENFORCEMENT AGREEMENT ("Agreement) is made and entered into as of the _ day of , 2005' (the "Effective Date") by and between CRESTWOOD HEIGHTS TOWNHOMES OWNERS ASSOCIATION, INC., whose mailing address is 61 West Colonial Drive, Orlando, Florida 32801 (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 SS 617.301-617.312; and WHEREAS, the Association owns and/or controls those private roads within Crestwood Commons (the "Subdivision") which is located in Orange County, Florida, and within the corporate limited of City of Ocoee, Florida, said private roads being those roads within the Subdivision (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 rods 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 Rods 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, By-Laws, 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. by this reference. Recitals. The above recitals are true and correct and incorporated herein 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 policy department re authorized to enter upon the Private Roads for the purpose of exercising the Uniform Traffic Control Laws on the Private Roads. The exercise of jurisdiction provided for herein shall be in addition to jurisdictional authority presently exercised by the City under law, and nothing in this Agreement shall be construed to limit or remove any such jurisdictional authority. Such existing jurisdiction includes, but is not limited to, the regulation of access to the Private Roads by security devices or personnel. Section 3. Traffic Enforcement. The City hereby agrees that the police department will enforce the Florida Uniform Traffic Control Laws on the Private Roads; provided, however, that the foregoing shall not be construed to require any minimum level of 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 policy department. Section 4. Traffic Control Signs. All traffic control signs within the Subdivision shall be uniform traffic control signs and shall be installed and maintained by the Association. The City shall have the right at any time to require additional traffic control signs and other traffic control apparatus as the City may deem to be necessary for the enforcement of traffic laws on the Private Roads. Section 5. Traffic Enforcement Fee. In consideration for the City exercising traffic control jurisdiction over the Private Roads, the Association hereby agrees to pay to the City an annual Traffic E rcemetVt Fee ("Annual Fee"). The initial Annual Fee under this Agreement will be at $ fiCiie '~!fa shall be prorated based on the Effective Date and due and payable within thirty 130) days from the Effective Date of this Agreement. The Annual Fee for subsequent years will be set by the City on or prior to (date) of each year for the subsequent calendar year. Each subsequent Annual Fee shall be due and payable on or before (date) 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 6. Indemnification. The Association hereby agrees to indemnify and save the City harmless from and against all losses, costs, expenses, claims, damages, judgments, liabilities and causes of action whatsoever (collectively, "Claims"), including reasonable attorneys' fees and paralegal fees, both at trial and at appellate levels, arising out of or alleged to have arisen out of the City entering into this Agreement. Nothing herein shall be construed to include within the foregoing indemnity and liability on the part of the Association for Claims arising out of acts of negligence by the City. The City shall use its best efforts to promptly notify 2 U:\skritskyICLIENT FILESIMORRISON HOMES\(5667-518) Ocoee-Blackwood Twnhm Pur Cont\TRAFFIC ENFORCEMENT AGREEMENT.doc the Association in wntmg 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 7. Term: Termination. The term of this Agreement shall be +(;.Ji.) If~ears 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 prorate refund of the Annual Fee paid, if any, for the year in which termination occurs. 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 provision contained herein shall be liberally construed and interpreted according to the laws of the State of Florida. Section 9. Agreement: Amendment. This Agreement constitutes the entire Agreement between the parties and supersedes all previous discussions, understanding and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Section 10. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 11. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. Section 12. Severability. If any sentence, phrase, paragraph, provision or portion of this Agreement is for any reason held invalid or unconstitutional by any court or 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. [Signatures on Following Page] 3 U:lskritsky\CLIENT FILES\MORRISON HOMES\(5667-518) Ocoee-Blackwood Twnhm Pur Cont\TRAFFIC ENFORCEMENT AGREEMENT. doc 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. ASSOCIA TION: Signed, sealed and delivered in the presence of: CRESTWOOD HEIGHTS TOWNHOMES OWNERS ASSOCIATION, INC. ~M< Bt (CORPORATE SEAL) Date Executed: 3-ep1- &, a005 STATE OF FLORIDA COUNTY OFOro.r:g-e.... The foregoing instrument ~s acknowledged before me this ~ day of ~hPc , 2005, by ~&Lt(lh-e ""' as Pi..e5/C}-{,nf of CRESTWDOD HEIGHTS TOWNHOMES OWNERS ASSOCIATION, INC., a not-for-profit corporation, on behalf of the corporation, and who is~ly-kn()wn to me or has produced as identification. (SEAL) /::.' ~ L /tt~.u ... ~ otary Public . Print name: f) ,cllD/ Bn/ D. n d..er My Commission Expires: 7 -$/ - () 7 "'<~~';U"'" NICHOL BOLANDER !~?-. ~:~ MY COMMISSION # DO 200376 ~ ~ EXPIRES: July 31,2007 , OF f:j.,,<.' Bonded Thru Notary Public Undarwr~ers ""U'~ 4 U:\skritsky\CLIENT FILES \MORRISON HOMES\(5667-518) Ocoee-Blackwood Twnhm Pur Cont\TRAFFIC ENFORCEMENT AGREEMENT. doc CITY: Signed, sealed and delivered in the presence of: CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Print Name: Print Name: Attest: Beth Eikenberry, City Clerk (SEAL) Date Executed: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON UNDER AGENDA ITEM NO.: Approved as to form and legality this day of , 20_, Foley & Lardner LLP By: City Attorney 5 U:\skritsky\CLIENT FILES \MORRISON HOMES\(5667-518) Ocoee-Blackwood Twnhm Pur Cont\TRAFFIC ENFORCEMENT AGREEMENT. doc 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 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 presenQe 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 (SEAL) Notary Public Print name: My Commission Expires: 6 U:lskritsky\CLIENT FILES \MORRISON HOMES\(5667-518) Ocoee-Blackwood Twnhm Pur Cont\TRAFFlC ENFORCEMENT AGREEMENT. doc