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Home My WebLink AboutItem E(11) Consideration of Traffic Enforceemnt Agreement with City of Ocoee and Cross Creek Homeowner's Association Center of Good L fy -- Mw AGENDA ITEM COVER SHEET Meeting Date: November 2, 2004 Item # 11 Reviewed By: Contact Name: Steve Goclon Department Director: Stev- Goc in , I Contact Number: X3027 City Manager: Subject: Traffic Enforcement Agreement(Amendment)—Cross Creek Subdivision Background Summary: The current Cross Creek Homeowners' Association, Inc. traffic enforcement agreement has no automatic renewal provision. The Association and the Ocoee Police Department wish to amend the agreement to include an automatic renewal provision for efficiency purposes. Issue: Should the Honorable Mayor and Board of City Commissioners approve an amendment to the traffic enforcement agreement between the City of Ocoee and the Cross Creek Homeowners' Association, Inc. Recommendations It is recommended that the Honorable Mayor and Board of City Commissioners approve an amendment to the traffic enforcement agreement between the City of Ocoee and the Cross Creek Homeowners' 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. DOT compliant signage will be at the HOA's expense. Foley and Lardner have reviewed and approved agreement. Type of Item: ❑ Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading Consent Agenda ❑ Ordinance First Reading 0 Public Hearing ❑ Resolution 0 Regular Agenda El 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 ® N/A Reviewed by Finance Dept. ❑ N/A Reviewed by ( ) 111 N/A Mayor Center of Good zn, Commissioners S. Scott Vandergrift �� Danny Howell, District 1 '`," t ``=�. Scott Anderson, District 2 City Manager .. Rusty Johnson, District 3 Robert Frank Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Steven J. Goclon, Chief of Police/fr-- DATE: October 25, 2004 RE: Traffic Enforcement Agreement (Amendment)—Cross Creek Subdivision ISSUE Should the Honorable Mayor and Board of City Commissioners approve an amendment to the traffic enforcement agreement between the City of Ocoee and the Cross Creek Homeowners' Association, Inc. BACKGROUND/DISCUSSION 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 previously entered into a traffic enforcement agreement with the Cross Creek Homeowners' Association, Inc. The Association owns the private roads within Cross Creek 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 helps to maintain the safety of the citizens in the Cross Creek 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 term of the current traffic enforcement agreement between the City of Ocoee and the Cross Creek Homeowners' Association, Inc. is two (2) years with no provision for automatic renewal. An amendment to the current traffic enforcement agreement is proposed to automatically renew the agreement for an additional two years at the end of each two-year term unless terminated by either party under the terms of the agreement. Automatically renewing the agreement would save City Commission and staff time and effort, and would eliminate the possibility of inadvertently being without an agreement. The agreement shall not require any minimum staffing or create priority for traffic enforcement. There is no fee associated with the agreement. AMENDMENT TO TRAFFIC ENFORCEMENT AGREEMENT CROSS CREEK OF OCOEE THIS AMENDMENT TO TRAFFIC ENFORCEMENT AGREEMENT (the "Amendment") is made and entered into on November 2, 2004 (the"Amendment Date")by and between CROSS CREEK OF OCOEE HOME OWNERS ASSOCIATION,INC. (the "Association")whose mailing address is 2582 S. Maguire Rd., PMB # 318, Ocoee, FL 34761 and the CITY OF OCOEE, a Florida municipal corporation,whose mailing address is 150 North Lakeshore Drive, Florida 34761 (the "City"). WITNESSETH: WHEREAS,the Association and the City entered into that certain Traffic Enforcement Agreement dated September 21, 1999, a copy of which is attached as Exhibit 1 (the "Agreement"); and WHEREAS,the Association and the City desire to alter the term of the Agreement so that it will be perpetual in nature; and WHEREAS,this Amendment 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 agree as follows: Section 1: Recitals. The Above recitals are true and correct and are incorporated by reference. Section 2: Term. Section 7 of the Agreement is hereby deleted in its entirety and replaced with the following new Section 7: 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. In the event of termination by either party,the Association is entitled to a pro rata 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. AAC 031 O 4.10 4 Section 3: Continuation of Agreement. Except as expressly amended hereto,the Agreement and each of its terms and conditions is continued in full force and effect in accordance with its terms. IN WITNESS WHEREOF,the Association and the City have caused this instrument to be executed by their duly authorized officers as of the date noted above. ASSOCIATION Signed, sealed and delivered (Subdivision) In the presence of: . maBy: Print Name tce i\-be_nr Name: Sty ,e.. 5 4-Q r �/f Title: PrzS:c►z., f�" L�n.�� ,l1 (CORPORATE SEAL) Print Name litianit S. fb,t1 Executed on: OCYc6 02. LS ieC4 STATE OF FLORIDA COUNTY OF ()1-ANC, 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 Finn dci1ri vers (.i c e,l S e. 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 2:2-" day of 0 c-iz ber , 2004. ;31-PaeierCc-:_t<_.. to. HOLLY AYCOCK tur of N .ary • ',`:. MY COMMISSION#DD 324184 trw-tfi EXPIRES:May 2762D38. of Notary(Typed,Printed,or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 2 006.348436.1 CITY: Signed, sealed and delivered in the CITY OF OCOEE, FLORIDA Presence of: By: Print Name S. Scott Vandergrift, Mayor Attest: Print Name Beth Eikenberry, City Clerk (SEAL) Executed on: , 2004 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 ,2004, UNDER this day of ,2004. AGENDA ITEM NO. 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 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 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): 3 006.348436.1