Item #02 Traffic Enforcement Agreement - Forestbrooke
AGENDA ITEM COVER SHEET
Meeting Date: January 3, 2006
Item # ?v
Contact Name:
Contact Number:
Steve Goclon
X3027
Reviewed By:
Department Director:
City Manager:
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. Forest
Brooke Community 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 Forest Brooke Community 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 Forest Brooke Community 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. DOT compliant
signage will be at the HOA's expense. Foley and Lardner have reviewed and approved agreement.
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. Goclon, Chief of Police
DATE:
December 21, 2005
RE:
Traffic Enforcement Agreement - Forest Brooke Community Owners Association Inc.
ISSUE
Should the Honorable Mayor and Board of City Commissioners approve a traffic enforcement agreement
between the City of Ocoee and the Forest Brooke Community 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 Forest Brooke
Community Owners Association Inc. The association owns the private roads within Forest Brooke 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 Forest Brooke 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 are going unresolved.
The initial term of the traffic enforcement agreement between the City of Ocoee and the Forest Brooke
Community 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.
There is no fee associated with the agreement.
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TRAFFIC ENFORCEl\-IENT AGREEl\-IENT
FOREST BROOKE COMMUNITY OWNERS ASSOCIATION, INC.
THIS TRAFFlCE ENFORCEMENT AGREEMENT ("Agreement") is made
and entered into as the21~ay of No 'U:rf'll~f 2005, (the "Effective Date") by and
between FOREST BROOKE COMMUNITY O\VNERS ASSOCV\TION, INC., whose
mailing address is 1031 West Morse Boulevard, Suite 325, Winter Park, Florida 32789
(hereinafter refelTed 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").
\VITNESSETH:
WHEREAS, the Association is a not-for-profit corporation existing pursuant to
and in accordance with Florida Statutes 99 617.301-617.312; and
WHEREAS, the association owns and/or controls those private roads within the
(subdivision) which is located in Orange County, Florida, and within the corporate limits
of the 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, f'lOlida 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 3l6.006(2)ib) 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 ofIncorporation, 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 acknO\vledged, the parties hereto agree as follows:
Section 1. Rf'citals. 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 exercising
this Uniform Traffic Control La\vs on thc Private Roads. The excrcise 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 police department.
Section 4. Traffic Control Siens. 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 Enforcement Fee ("Annual Fee"). The initial Annual Fee
under this Agreemcnt will be set a $ 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 Almual 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 bcfore (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 ham1less from and against all losses, costs, expenses, claims, damages,
judgments, liabilities and causes of action whatsoever (collectively, "Claims") including
reasonable attomeys' 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 constmed 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
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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 omitted to be done in connection with this Agreement.
Section 7. Term: Termination. The term of this Agreement shall be two (2)
years from the Effective Date (the "Tenn"); provided, however, that this Agreement may
be tem1inated by either party upon sixty (60) days \vritten 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
tC1111 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. A2reement~ Amendment. This Agreement constitutes the entire
agreement between the patties, 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 on way be held to explain, modify, amplify or aid in the interpretation, construction or
meaning of the provisions ofthis Agreement.
Section 12. SeverabiHtv. If any sentence, phrase, paragraph, provision or
portion ofthis 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 13. Effective Date. The Effective Date ofthis 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
FORESTBROOKE COMMUNITY
OWNERS ASSOCIATION, INC
/~~) (\^
( By~~ \ ~A..-'
',,- Na~: J'1G Y E:. fO l.,,~
Tine: Pfi.-'t!'S t ,Df:rJ -r
(CORPORATE SEAL)
Executed on: M\l.C.mber'" 21./ 2uoS-
In the presence of:
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'AJ..;rJ~
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Print Namt:C W.41,{ it< f / ;$,'T
STATE OF FLORIDA
COUNTY OF C)~l N G> E
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the State and County atoresaid to take acknowledgements, personally appeared and who
( \--"Jis personally knov,~ me or (_) produced tv J 4
Identification, and th~E>lshe 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
21 $,.'1'" day of N O'J.-tJ'Vl be,/" , 2001'-- .
. 1\
C,:~~LLvI-~fL-~~- '
Signature of Notary
(~FY/~~ I~. 4(1 /5 T
Name of 1 otary (Typed, Printed, or Stamped) . . '
Commission Number (if not legible on seal): :DD ,?37ici '" 'i
f\.1y Comn11ss1on Expires (if not legible on seal):l,;
.<1.'< PI/. Cheryl M. Kirst
~'I'" q( , ')n......'1?44
f ~ commissiOn 1# i ':<1' .,-
~ . E.xpires J311Varv ,"" \, ~009
<}~ CT N &1" . 1"'\oIlI~"' m.. ,:)0.->>';.70'9
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CITY:
Signed, sealed and delivered in the
Presence of:
CITY OF OCOEE, FLORIDA
By:
Print Name
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
(SEAL)
Print Name
Executed on:
FOR USE Al~D RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA.
Approved as to form and legality
this _ day of ,20_
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , UNDER
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 aioresaid to take acknowledgements, personally appeared S.
SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be
the l\'layor 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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