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2011-04RESOLUTION NO. 2011 -04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN TERRACES NORTH AT TURNBERRY CONDOMINIUM ASSOCIATION, AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1 . The City Manager is hereby authorized to execute the attached Traffic Control Jurisdiction Agreement between Terraces North at Turnberry Condominium Association, and the City of Aventura. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3 . This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner Joel, who moved its adoption. The motion was seconded by Commissioner Auerbach, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Teri Holzberg yes Commissioner Billy Joel Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Bob Diamond yes Mayor Susan Gottlieb Resolution No. 2011- 0 4 Page 2 PASSED AND ADOPTED this 4 day of January, 2011. .S SAN GOTTLIEB, MAYOR 1 R APPROVE A TO LEG LAS APPROVE - U1 b-7f t CITY ATTORNEY n TRAFFIC CONTR JURISDICTION AGREEMENT THIA AGREETW;ENIT is ,made and entered into this aday of �)E = - .2010 by ad- betalveen `C ES 1Vc� 't�cc ! �, 3 RR� l nisac R-,Sc I M c- (the "Cast =ner ") and t`ze City of Wentura, Florida, a Florida municipal corporation (the City"). jai =r ITAI Q A. Owner owns fee simpie title to all the private roadways within the area described as folIcvvs: ( �` G k I C of Dade Florid~ , , and commonly known as ANc F s R k (the "Private Loads ") L. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and City desires to exercise spuCh traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and 1 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: Recitals she foregoing Recitals are true and correct and are incorporated herein by t ,is reference. 2. Traffic Control Jurisdiction Services The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terns and conditions. (a) City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private roads, in accordance with the schedule and manpower indicated on Exhibit "A" attached hereto, subject to availability (b) in exercising such traffic control jurisdiction, the City shall enforce the traffic lav s generally applicable to streets% and highways i finder the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such : , lira; police services as are othemise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A ", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to a ma; comp ^nsati .-)n from COY, pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain al! revenues from traffic citations issued by the City for violations of traffic laws along Vhe Private Roads, in accordance with law. 2 (e) nothing in this Agreement shall require, authorize or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. (a) Routine Patrol Activity - Except as provided in subsection (b), Owner shall not be responsible to pay the City any compensation for performing routine patrol activity pursuant to this Agreement. Routine Patrol Activity shall mean a level of patrol activity equivalent to that which is randomly provided on public roads. The City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. (b) Extended Patrol Activity - Owner shall compensate City for extended patrol activities conducted by the City on the Private Roads at Owner's request in accordance with the rate schedule enumerated in Exhibit "B ". Extended Patrol Activity shall mean any patrol outside of the scope of the City's routine patrol of the Private Roads requested by +he Owner that requires more than one (1) hour additional patrol time within any twenty -four hour period. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City 3 than the 'City would ordinarily be subjected to when providing its normal police services as rou <i:ely provided t`?roughout the City. 5. Term. The term of this Agreement shall be one (1) year corn-; Fencing on the date hereof and ending one (1) year following the date hereof, and shall thereafter automatically continue for successive one (1) year terms, unless terminated by either party-upon written notice to the other party given at least thirty (30) days prior to the expiration of the then - applicable one (1) year term. . Entire Aareemcmt, This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter and may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. ?. Governing Law. This Agreement shall be governed by and construed in accordance wits, the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11 Judicial Circuit in and for Miami -Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or tike provision of law enforcement services to Owner hereunder. 8. Indernnifi an d insuran Owner agrees to defend, indemnify and hold the C t }< harl l es!- from any claim, demand, suit, loss, cost, expense or damage which may be . =s eri ed, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of El whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in pars: by City's negligence, or by the negligence of City's agents, servants or ern, )!oyees. suppportl, but not in iimitatier c this indemnification provision, Owner hereby agrees C maintain and; pay all premiums for a policy of comprehensive general lia b lity insurance i^ an ar,'10Unt of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. SU^h is E rR ca pcl c shale r:. ;pie th-, City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and shall provide for 30 days prior written notice of any cancellation or change in scope or amount or coverage of such policy. Owner shall furnish City with a '.7-itifficate of Insurance evidencing compliance with the provisions of this section. EXDC'UTED as of the date first above written in several counterparts, each of which sha it be deemed an original, but all constituting one Agreement. Signed, sealed and delivered ch�,the presence of: DJ_L 21. OWNER: ;�. CITY OF AVENTURA, a Florida Municipal corporation AT r EST: Teresa M. Soroka, MIMC City Clerk Approved as to Legai Sufficiency: City Attorney Eric M. Soroka, ICMA-CM City Manager lei EXMBIT "A" Patrol Aventura Police O icers in marked police vehicles or motorcycles may patrol the Private Roads on a random `oasis each day. Nsv nenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints +hat require Extended Patrol Activity, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perforna specific traffic enforcement duties, the Owner will be billed in accordance with Exhibit "B". 7 Compensation The City will bill the Owner $25.00 per hour for each officer requested to perform the Extended Patrol Activity.