2011-06RESOLUTION NO. 2011 -06
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
VILLA DORADA 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 Villa Dorada 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
rimes
Commissioner Billy Joel
yes
Commissioner Michael Stern
rtes
Commissioner Luz Urbaez Weinberg
yes
Vice Mayor Bob Diamond
yes
Mayor Susan Gottlieb
yes
Resolution No. 2011- 0 0
Page 2
PASSED AND ADOPTED this 4 day of January, 2011.
)SAN GOTTLIEB, MAYOR
APPROVED A TO LEGAIL SUFFICIENCY:
CITY ATTORNEY
'FRAFFIC CONTROL JURISDICTION AGREEMENT
THIS AGREEMENT is made and entered into this / day of �� � _. 20 40
by and between LZ& AA — 4-)2de�IL�r
(the "Owner ") and tie City of Aventura, Florida, a Florida municipal corporation (the
„
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A. Owner owns fee simple title to all the private roadways within the area
described as follows:
of Dade County, Florida, and commonly known as
(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, T HIEREFORE, 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 Cit 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 jurisdiction 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
Private Moods under law, and nothing herein shall be construed to limit or remove any
s , ,ch jurisdictional authority, the City agreeing to continue to provide such other 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 discretionw) 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 laves along the Private Roads, in accordance with law.
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I 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 "13 ". Extended Patrol Activity shall mean any patrol outside of
the 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.
1_iabilight 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
than the City would ordinarily be subjected to when providing its normal police services
as routinely provided throughout the City.
1 . Term. The term of this Agreement shall be one (1) year commencing 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.
0. Entire Agreement 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. Governing Lave. 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. Indem and Insurance. Owner agrees to defend, indemnify and
Told the City harmless from any claim, demand, suit, loss, cost, expense or damage
which may be asserted, ciaimed 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
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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, "ut not in limitation of this indemnification provision, Owner
hereby agrees to maintain and pay all 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 ins, =rance policy shall :?acne the 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 of covarage of such policy. Omer shall furnish City with a Certificate of
Insurance evidencing compliance with the provisions of this section.
EXECUTED as of the date first above written in several counterparts, each of
which s gal= be deemed an original, but all constituting one Agreement.
=;inners cPair,H And r1P1ivPr,-H
AT EST:
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OWNER
By fi�� lo
CITY OF AVENTURA, a Florida
Municipal corporation
Teresa M. Soroka, MMC Eric M. Soroka, ICMA -CM
Cit;/ Clerk City Manager
Approved as to Legai Sufficiency:
City Attorr -ey
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EXHIBIT "A"
Patrol
Aventura Police Officers in marked police vehicles or motorcycles may patrol the Private Roads
on a random 'oasis each day. Whenever 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 perforrun specific traffic enforcement duties, the Owner will be billed in accordance
with Exhibit "B ".
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EXMBIT 19Dtt
Compensation
The City Will bill the Ow -ner $25.00 per hour for each officer requested to perform the Extended
Patrol Activity.
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