2011-13RESOLUTION NO. 2011-13
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
BONAVIDA 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 Bonavida 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 absent
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Bob Diamond yes
Mayor Susan Gottlieb yes
Resolution No. 2011-13
Page 2
PASSED AND ADOPTED this
nc
1st day of February, 2011.
r
SAN OTTLIE ,MAYOR
APPROVED S TO LE~AL SUFFICIENCY:
CITY ATTORNEY
? I
~~~
~~,
ear e ux6et.
h
T RAFIFIC CONTROL JURISDICTION AGREEIUIENT
TIiIS AG°t?E1=1~ENT is made and entered into this da~ of . 20
by and between
(the "Owner"} and the Gity of Aventura, Florida, a Florida municipal corporation (the
°`city„~
RECITALS
A. Owner owns fee simple title to all the private roadways within the area
described as folio~,n~s:
~~~~
_~
~~~~~~
~~
of Dade County, Florida, and commonly known as
(the "Private Roads")
~~ ~/f
3. 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.
I~O~~`, Ti:-IEREFQRE, fcr Ten an~~# Nol100 dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Owner and Gity agree as follows:
1. Recitals. The foregoing Recitals are true and correct and are incorporated
herein by this reference.
2. traffic Control Jurisdiction Services. l'he City agrees to exercise traffic
contro( jurisdiction o~fer the Private Roads in accordance with the following terms Und
conditions.
{a) City shall provide for Police Officers of its Police Department to patrol, by
motor vehicle, the r=rivate 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 ~~nf~~r-ce 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) ~'he 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 other police
serdFices as are otherwise provided under law.
ld) 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
exercisi,-;g sucl ~ disc;retivnary additio~ial trafric control jurisdiction, although the City shall
be entitled to retain a(I revenues ?rom traffic citations issued by the City for violations of
traffic laws along the Private Roads, in accordance with law.
2
(e) l~othing in this Agreement shall require, authorize or permit the City to
exercise ary control or responsibility concerning the installation or maintenu.ce ,~f traffic
co,.troi devices.
3. Compensation.
(a) Ro!~tine Patrol ~~ctivity -Except as provided in subsection (b), Owner
shall not be responsible to pay the City an}~ 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 ai6 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 ~';ctivity -Owner shall compensate City for extended
patrol activities conducted by the City on the Private F~,:,ads 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
"~~~ ti-oe L~~°,{rc,r thai req:~ires mc~e Shan one (1) hour additional patrol
tune v.~ithin any twenty-fo;.~r hour period.
~. Liability loot 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 ordin~ rily be subjected to when providing its normal police services
as roufine#y provided throughout the Cit;J.
~. 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 fihirty (30) days prior to the
expiration of the then-applicable one (1) year term.
6. 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, a#tered or modified except by an instrument in writing signed ~`i :~~e party
against whom enforcement of such change would be sought.
?. Governing Law._ T I wis Ar~reement shall be governed by and construed in
a:ccorda!-rce wifh the laws of the Mate of Florida. Venue for any litigation between the
parties fnr any controversy arising from or related to this Agreement shall be in the 11'h
~Eudicial Circuit in and for Miami-pale County, Florida. The parties hereby voluntarily
waive any right 'co trial by jury for any litigation between the parties which arises out of
this R.greement or the provision of law enforcement services to Owner hereunder.
8. indemnification and insurance. Owner agrees to defend, indemnify and
hol,~# <<i;e ~~:ty. narr~ie~ss fro;n di~sy ciain~, demand, suit, loss, cast, expense or damage
e-vhich may be asserted, claimed or recovered against or from the City by reason of any
property damage or bodily injur;s, including death, sustained by any person
whomsoeder, which said claim, demand, suit, loss, cost, expense or damage arises out
of or is ir;cidental to or in any wa~,~ connected with this Agreement, and r~- a~r.;less of
4
whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or
in! pay s 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 all premiums for a policy of comprehensive general
liability insurance n un amount of not less then $300,000 combined :;i~yle limit
insurance covering any occurrence on or adjacent to the Private Roads described
above, resulting in property damage or bodily injury or death to person or persons.
Such insurance poli;;!> shall name the City and City's officers, agents and employees as
additional insured with respect to traffic control or enforcement of the Private Roads and
shall provide for 30 days prior written notice of any cancellation or change in scope or
amount of coverage of such policy. Owner shall furnish City with a Certificate of
Insurance evidencing compliance with the provisions of this section.
EYECUTED as of the date first above written in several counterparts, each of
which shall be deemed an original, but all constituting one Agreement.
Signed, sealed and delivered
In the presence of:~i~~~'~il
~v : ,®.w
OW
o ~ ~y_ r ~,,/ ~,ia s r ~.~n~
r~ ~~~/C! ~~~1 ~ ~'~
w~~
CITY OF AVENTURA, a Florida
Municipal corporation
ATTEST:
ay
5
Teresa M. Seroka, MMC
City Cierk
Approved as t ,Legs! Sufriciency:
Eric M. Soroka, ICMA-CM
City Manager
City Attorney
E~BIT "A'•
Patrol
Aventura Police Officers in marked police vehicles or motorcycles may patrol the Private Roads
on a random basis each day. V'Jhenever possible, Traffic complaints made by occupants of the
property, will be responded to and handled as a cal, for service, without charge to the Owner.
Traffic complaints than require Extended Patrol Activity, where the cost of service will be billed
to the Owner, will orily be conducted with prior approval of the Owner. When requested by the
Owner to perform specific traffic enforcement duties, the Owner will be billed in accordance
with Exhibit "B".
7
E~~~~ rr$rr
Compensation
The amity will bill the Qw~ner $25.OQ per hour for each officer requested to perform the Extended
Patrol Activit~r