2011-22RESOLUTION NO. 2011 -22
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
NORTH TOWER AT THE POINT 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 North Tower at the Point 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
absent
Vice Mayor Bob Diamond
yes
Mayor Susan Gottlieb
yes
Resolution No. 2011 -22
Page 2
PASSED AND ADOPTED this 1 st day of March, 2011.
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APPROVED AS T LEGA (WFFICIENCY:
CITY ATTORN Y
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T HHS AGM- C-51AENT is made and entered into this day of 20 f
by and eehveeR
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(she "Owner and the C =tv of ; ventu:-a, Florida, a Florida municipal corporation (the
City")
RECITALS
A. Owner o i,s flee simple title to a!l the private roadways within the area
described as feliows
c-` Dade County, Florida, and commonly known as
(the "R elate roads").
S. Owner desires the Citv to exercise traffic control jurisdiction over the Private
;;cads, and City desires to exercise such traffic control jurisdiction, pursuant to Florida
Sta 4 Sta.t untr'-s. 316-006-
`O �6 , T sE IEFC RE, for Ter and Nofl00 Dollars ( 1 0.00' al d other good anti
vaiva"-le coFisideration, the receipt and sufficiency of which are hereby acknowledged,
C -ter and Gig;," agree follows:
Re citals The Eo-regoing recitals are true and correct and are incorporated
ere�r by till, . Ellference
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 FxhibiA "A" attached hereto, subject to availability.
(b) In exercising such traffic control jurisdiction, the City shall enforce the
traffic !aws: ,e nerally applicoale to streets and highways under the City's original
jurisdiction which are similar in nature to the Private Roads.
(c) The City' -, exercise c 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
sewices 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 -�o retain all raven es from traffic citations issued by the City for violations of
traffic laws along the Pr va ±e Roads, in accordance with law.
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(e) Nothing in this Agreement shall require, authorize or permit the City to
exercise any control or responsibility concerning the installation or maintenance of tra,fic
contro! dlevices.
3. Compensation.
(a) Routine Patroi 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
aErc,; Ac.9,r_y shall mean, a aL.ve6 ",f 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
I xhibit "B ". 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.
4. 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
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than the Cite would o dinarily be subjected to when providing its normal police services
as routinely Provided 'C , , , oughout the City.
T e `-=m- of ''tR is isgreement shall be one (1) year commencing on
the da w he eof and ending one (1) year following the date hereof, and shall thereafter
autocratically 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.
r ire d This Atg;. 6ei"w nt cc i s r(utes the entire unders andirig
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.
?_ +mover it r « <. This Agreement shall be governed by and construed in
accordance with the la vs of the State of Florida. Venue for any litigation between the
parties for any conyroversy arising from or related to this Agreement shall be in the 11
Judicial C °; cuit 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. 'Indemnification 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
whomsoever, which i 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 regardiess of
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whe {hey such claim, demand, suit, loss, damage, cost or expense is caused in whole or
in park 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
liabilitv insurance in an an 6ount of not less then $300,000 combined singie limit
insurance covering any occurrence on or adjacent to the Private Roads described
above, resulting in property carnage or bodily injury or death to person or persons.
Such insurance policy .hail narn-- the City and Uy's d icers, 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.
EXECUTED as of the date first above written in several counterparts, each of
which shail be deerned an original, but all constituting one Agreement.
Signed, sealed and del
e
!4 1 0 a 1 ,
Im
WERBERT SANTIAGO
NOTARY PUBLIC
STATE OF FLORIDA
Cowim# DD997821
Expires 9/29/2014
A -,
CITY OF AVENTURA, a Florida
Municipal corporation
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Teresa M. Soroka. IMMC
City Clerk
Approved as to Legal Sufficiency:
Eric M. Soroka, ICMA -CM
City Manager
Cicy Attorney
EXMBIT "A"
Patrol
Aventura Police Officers in mrarked police vehicles or motorcycles may patrol the Private Roads
on a random basis 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 perform specific traffic enforcement duties, the Owner will be billed in accordance
with Exhibit "B"
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EXHIBIT "B"
Compensation
The City will hill the Owner $25.00 per hour for each officer requested to perform the Extended
Patrol Activity.
Force J ` e w i �
�ite� iz crtiorttz��� ���ceie�te� �o�� v�erwac�i
Ei 19200 West Country Club Drive ® Aventura, Florida 33180
; 6F �y N {UA
El (365) 466 -8989 Fax (305) 466 -8690
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y
Eric M. Soroka
City Manager
Steven Steinberg I
Chief of Police 17 November 2010
To Whom It May Concern:
This letter is to notify your condominium, organization or business that
effective this date the current Traffic Control Jurisdiction Agreement you
have on file with the Aventura Police Depa .anent is no longer valid.
The agreement has undergone minor revisions and as such a new
agreement must be approved and signed by your condominium,
organization or business. Once your new agreement has been properly
executed, please return it to our Crime Prevention Officer, Ernie g.
The new agreement must then be approved by the Aventura City
Commission at the next available commission meeting to be valid. Once
your agreement has been received and Commission approved, our
officers can once again conduct traffic enforcement on your property.
Thank you for your understanding and cooperation in this matter.
Sincerely,
even a nnberg
Chief of Police