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2011-05RESOLUTION NO. 2011 -05 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 BISCAYA III CONDOMINIUM ASSOCIATION, INC. 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 Biscaya III Condominium Association, Inc. 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 Commissioner Billy Joel Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond yes Mayor Susan Gottlieb yes Resolution No. 2011- 6 Page 2 PASSED AND ADOPTED this 4 day of January, 2011. USAN GOTTLIEB, MAYOR AT EST: U T ESA M. SO O , MC C Y CLERK APPROVED S TO LE SUFFICIENCY: k4 CITY ATTORNEY J t C� . 7 r TRAFFIC CONTROL JURISDICTION AGREE THIS AGREEMENT is made and entered into this 'ZW ay o 20Lo by and between (the "Owner ") and the City of Aventura, Florida, a Florida municipal corporation (the Vit RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: a ofDade County, Florida and commonly known as ;�c loo ssp 1 C, (the "Private Roads "). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006.. NOW, THEREFORE, for Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services The City agrees to exercise traffic control jz Grisdiction over the Private Roads in accordance with the following terms 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 laws generally applicable to streets and highways under 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 Priv=ate 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 police services as are otherwise 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 any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. K (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 Patro Activity shall mean a level of patrol activity equiva "ent 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 lava. (1b) 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 "3 ". Extended Patrol Activity shall mean any patrol outside of he scope of the City's routine patrol of the Private Roads requested by the Owner that requires more than one (1) hour additional patrol time within any twenty -four hour period. 4. Liability Not Increased. Neither the existence of this Agri smr )nt nor anything contained herein shall give rise to any greater liability on the part of the City 3 than the Citv would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year coramencing 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. 5. Enti A greement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter- hereof 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. 7. G overning Law. This Agreement shall be governed by and construed in accordance with 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 the provision of law enforcement services to Owner hereunder. 8. Inu emnifica i and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whornsoever, which said claim, dernand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of 4 whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay 0 premiums for a policy of comprehensive general liability insurance in an amount 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. Such insurance policy shall r!u€n? the City and C i ty'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 arrbount of coverage of such policy_ Owner shall furnish City with a C,ortificate of Insurance evidencing compliance with the provisions of this section. EXECUTE' as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and delivered In the presence of: ATTE T. OWNER- PA-97 at, C3 ►.zoo Q�� , c CITY OF AVENTURA, a Florida Municipal corporation EXHIBIT "A" Patrol A ventura Police Officers in marked police vehicles or motorcycles may patrol the Private Roads on a random basis each day. y henever 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 that 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 perform spec: is traffic enforcement duties, the Owner will be billed in accordance with Exhibit "B ". FI R 1 Compensation The City will bill the Owner $25.00 per hour for each officer requested to perform the Extended Patrol Activity.