HomeMy WebLinkAboutItem #06 Approval of Traffic Enforcement Agreement with Wentworth Homeowner’s Association Occ)P ?
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AGENDA ITEM COVER SHEET
Meeting Date: August 7, 2018
Item #
Reviewed By:
Contact Name: Lt. Scott Nylander Department Director: Chief a le Town
Contact Number: X3315 City Manager: Rob Frankfis!/f
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Subject: Traffic Enforcement Agreement with Wentworth Homeowner's Ass• iation
Background Summary:
Wentworth originally entered into a traffic enforcement agreement with the City of Ocoee on October 4, 2005. In
August of 2011, the traffic enforcement agreement was not renewed. Wentworth is now requesting a new traffic
enforcement agreement between Wentworth and the City.
Issue:
Should the Honorable Mayor and Board of City Commissioners approve a Traffic Enforcement Agreement with
Wentworth?
Recommendations:
Staff recommends the Honorable Mayor and Board of City Commissioners approve the Traffic Enforcement
Agreement with Wentworth.
Attachments:
Traffic Enforcement Agreement with Wentworth.
Financial Impact: There is no financial impact.
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
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Dana Crosby-Collier on July 23, 2018 N/A
Reviewed by Finance Dept. N/A
Reviewed by N/A
TRAFFIC ENFORCEMENT AGREEMENT
Wentworth Homeowner's Association
THIS TRAFFIC ENFORCEMENT AGREEMENT ("Agreement") is made
and entered into as the day of , 2018, (the "Effective Date") by and
between WENTWORTH HOMEOWNER'S ASSOCIATION, INC., whose mailing
address is 215 Celebration Place, Suite 115, Celebration, Florida 34747 (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").
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
Wentworth community 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, 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.
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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
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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. 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. Notice. Any notice delivered with respect to the Agreement shall be
in writing and be deemed to be delivered (whether or not actually received) when(i) hand
delivered to the other party, or (ii) when sent by overnight courier service for next
business day delivery (i.e., Federal Express), addressed to the party at the address set
forth on the first page of this Amendment, or such other person or address as the party
shall have specified by written notice to the other party delivered in accordance herewith.
The parties agree that future notice of change of address or change of the names of
officers of the Association may be given by the Association to the City in a written notice
in accordance with this Section.
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. 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 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.
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Section 12. 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 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.
SIGNATURES ON FOLLOWING PAGE
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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 Name: Joshua Shaw
Title: Board President
(CORPORATE SEAL)
Print Name Executed on:
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
(_) is personally known to me or O 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
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):
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CITY:
Signed, sealed and delivered in the CITY OF OCOEE, FLORIDA
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 ,20 . 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 in
the State and County aforesaid to take acknowledgements, personally appeared RUSTY
JOHNSON and MELANIE SIBBITT, 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):
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