HomeMy WebLinkAboutItem #07 Approval of Traffic Enforcement Agreement for the Arbours at Crown Point ()(.Of- e
floc+rla
AGENDA ITEM COVER SHEET
Meeting Date: March 6, 2018
Item #
Reviewed By: o
Contact Name: Lieutenant Scott Nylander Department Director: Chief les '' own
Contact Number: X3315 City Manager: Rob Frank j,1
Subject: Traffic Enforcement Agreement for the Arbours At Crown Point
Background Summary:
A traffic enforcement agreement is required by Florida State Statute 316.006(2) for the Ocoee Police
Department to have the authority to enforce traffic laws upon the private roads within the limits of the
gated apartment complex. Arbours At Crown Point, LLC, 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.
Issue:
Should the Honorable Mayor and Board of City Commissioners approve a traffic enforcement
agreement between the City of Ocoee and the Arbours At Crown Point, LLC?
Recommendations:
It is staff's recommendation that the Honorable Mayor and Board of City Commissioners approve
traffic enforcement agreement between the City of Ocoee and the Arbours At Crown Point, LLC.
Attachments:
Traffic Enforcement Agreement—Arbours At Crown Point, LLC
Financial Impact:
There is no financial impact for the City. City Commission and staff previously agreed that citizens
living in gated communities paid property taxes and were entitled to the same protection and police
services as people in non-gated communities. Arbours At Crown Point, LLC, shall bear the expense
of DOT compliance signage.
Type of Item: (please mark with an"x")
Public Hearing For lerk's Dent 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
TRAFFIC ENFORCEMENT AGREEMENT
ARBOURS AT CROWN POINT
THIS TRAFFIC ENFORCEMENT AGREEMENT ("Agreement") is made
and entered into as of the day of , 20_, (the "Effective Date") by and
between ARBOURS AT CROWN POINT,LLC,a Florida Limited Liability Company,
whose mailing address is do Crown Point MM, LLC, a Florida Limited Liability
Company, 242 Inverness Center Drive, Birmingham, Alabama 35242 (hereinafter
referred to as the"Owner")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").
WITNESSETH:
WHEREAS,the Owner is a limited liability company existing pursuant to and in
accordance with Florida Statutes, Chapter 605, Florida Revised Limited Liability
Company Act;and
WHEREAS, the Owner owns and/or controls those private roads within the
Arbours at Crown Point Apartments, which is located within the corporate limits of the
City of Ocoee, Orange County, Florida, (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 to exercise jurisdiction over
private road or roads located within its boundaries by written agreement with the Owner;
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 entered into in accordance with Florida Statutes, § 316.006(2)(b);
and
WHEREAS,the Owner and the City desire to have the Owner 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
Owner in accordance with its Operating Agreement other applicable governing
documents.
1
1
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 on the Private Roads Florida Statutes, Chapter 316, State
Uniform Traffic Control, and the Code of the City of Ocoee, Chapter 168, Vehicles and
Traffic; 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-à-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 Arbours at Crown Point Apartments shall be in compliance with the
Manual on Uniform Traffic Control Devices (MUTCD), and shall be installed and
maintained by the Owner. 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 Owner 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 Owner 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
2
part of the Owner for Claims arising out of acts of negligence by the City. The City shall
use its best efforts to promptly notify the Owner in writing of any Claims based on this
Agreement and shall provide the Owner with information regarding the Claims based on
this Agreement as the Owner may reasonably request, but the failure to give such notice
or provide such information shall not diminish the obligations of the Owner under this
Section. No Claims whatsoever shall be made or asserted against the City by the Owner
for or on account of anything done or as a result of anything done or not done in
connection with this Agreement. Nothing set forth in this Agreement shall be deemed or
construed as a waiver of sovereign immunity by the City and the City shall have and
maintain at all times and for all purposes any and all rights, immunities and protections
available under controlling legal precedent and as provided under Section 768.28,Florida
Statutes and other applicable law. This indemnification and hold harmless shall survive
any termination of 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 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
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.
3
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.
IN WITNESS WHEREOF,the Owner and the City have caused this instrument
to be executed by their duly authorized officers as of the day and year first above written.
OWNER:
Arbours at Crown Point,LLC,a Florida
Limited Liability Company
Signed,sealed and delivered
In the presence of:
pp
Print Name •A�, Si Q 3 Name: Crown Point ,LLC,a Florida
Limited Liability Company,its Manager
By: Gabriel Ehrenstein,Manager
Prin ame bra C�,-?.43„►ea- Executed on: (112,6)
STATE OF FLORIDA
COUNTY OF Qc,\rv.. cosktiL
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in ,
the State and County aforesaid to take acknowledgements, personally appeared!rind who a,cer+ste,n
QC is personally Icnovito me or( )produced
Identification and thatshe 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
i2(o day of F.Qbv-vr ,2015 .
\ �• C ,L�
Si
e of Notary c.mom1
tki MY COMMISSION'FF1M28
A EXPIRES:November 23.2018
Name of Notary(Type ltd , .
Commission Number(if not legible on seal):
My Commission expires(if not legible on seal):
4
CITY:
CITY OF OCOEE,FLORIDA
Signed, sealed and delivered in the
Presence of:
By:
Print Name Rusty Johnson,Mayor
Attest:
Print Name Melanie Sibbitt,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 ,2018. AGENDA ITEM NO. .
Shuffield Lowman &Wilson P.A.
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized i
the Sate and County aforesaid to take acknowledgements, personally appeared S.
RUSTY JOHNSON and MELANIE SIBBITT, personally known to me to be th
Mayor and City Clerk,respectively,of the CITY OF OCOEE, FLORIDA and that the
severally acknowledged executing the same in the presence of two subscribing witnesse
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
aT3'
Name of Notary(Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission expires(if not legible on seal):
5