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2011-24RESOLUTION NO. 2011 -24 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 AVENTURA LAKES 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 Aventura Lakes 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 -24 Page 2 PASSED AND ADOPTED this 1 day of March, 2011. ,09 SAN GOTTLf B, MAYOR ATTEST: �k. pw,421 T RESA M. "o kA, MMC TY CLERK APPROVED AS TO LFAAJ- SUFFICIE�C : CITY ATTORNEY TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is rude and entered into this day of AoAl, . 20_d by and between Ave A, uacL, L m k Q S n (the "Owner ") and the City of Aventura, Florida, a Florida municipal corporation (the City RECITALS r . Owner owns fee simple title to all the private roadways within the area described as follows: of Dade County, Florida, and commonly known as (thr "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. N01W, 1 for Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Corner and City agree as foliows 1. Re citals . The foregoing Recitals are true and correct and are incorporated hereir, by this reference. 2. Tr affic Control Jurisdiction Services The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the fol'owing terms and conditions. (a) City shaii provide for Police Cfficers of its Police Department to patrol, by motor ve ricle, the Private Roads, in accordance with the schedule and manpower i...ndicated on 'Exhibit "A" afiiached 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 sim lar in, nature to the Private Roads. (c} The City's exercise of traffic control jurisdiction pursuant to this Agree anent shell be in addition to the jursdictional authority presently exercised by the City over the Private Roads under lava, and nothing herein shall be construed to limit or remove any such jurisdictionai authority, the City agreeing to continue to provide such other police services as are otherwise provided Linder law. (d) in addition o exercising traffic control jurisdiction over the Private Roads as indicated Jn 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 I,y the City for violations of traffic laws along fhe Private Roads, in accordance with law. 2 (e) Nothing in this Agreement shall require, authorize or permit the City to exercise Gri control or responsibility concerning the installation or maintenance of traffic controi devices. 3. Comi)ensation. (v; Routine Patrol Activity - Except as provided in subsection (b), Owner s; al not he 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 pubiic roads. The City shall be eniitied 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 s "Il not preclude the assessment of impact fees or other fees provided by law. (b) `xtended 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 °Q". 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 wi Ihin any twenty -four hour period. d. Liabilitv Not increased. Neither the existence of this Agreement nor anyti+ing contained ? erein shall give rise to any greater liability on the part of the City I 'han the Ci" would ordinarily be subjected to when providing its normal police services ss rcuttine?,- provided throughout the City. 5. T erm. -e terry; of this Agreement shall be one (1) year commencing on the date i ereof and ending one (1) year following the date hereof, and shall thereafter automa ically for successive one (1) year terms, unless terminated by either parly.upon vv,-I ten notice to the other party given at least thirty (30) days prior to the expiration: of the then- applicable one (1) year term. c. Entire AgFee 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 w`rom, enforcement of such change would be sought. 7. Gc verni n La \ This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the partes fora ,, controversy arising from or related to this Agreement shall be in the 11 Judicial Circuit Jr. 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 c.r the provision of law enforcement services to Owner hereunder. S. indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or darnage vhich 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 said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any tray connected with this Agreement, and regardless of M whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in pari °.air City's nag,ige-�ce, or by the negligence of City's agents, servants or employees. in support, but nct in limitation of this indemnification provision, Owner herei v FQ -,ees to maintain and pay all premiums for a policy of comprehensive general iiahiiity insurance in an amount of not less then $300,000 combined single limit Jns covering any cccurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such it sarance police sl _a:li name the City and City's officers, agents and employees as ad itionr.i ;rsu:ed vfill resoect to traffic control or enforcement of the Private Roads and aii provide f 3�3 days prior written notice of any cancellation or change in scope or amount of coverage of sF.3ch policy. Owner shall furnish City with a Certificate of nsUr,�-;s?ce evidencing compiiance w ° :l, the provisions of this section. Ef ECUTEI) of the date fi, above written in several counterparts, each of , , , vhich steal' 'De de--erred an original, but all constituting one Agreement. Signeci, sealed and delivered In the oresence NOTARY PUBIX-STATE OF FLORIDA Edith Schecter Commission # DD665906 '-:�'.• Expires: APR. 22, 2011 BONDED THRU ATLANTIC BONDING CO., INC. 119 r° By / CITY OF AVENTURA, a Florida Municipal corporation ;_ L2 5 Teresa M. Soroka, MIVIC Eric M. Soroka, ICMA-CM City Clerk City Manager ppr-.ved as to eggail " ic'ency, "Y AtIc, , ' EXHIBIT " A " Patrol Aventura ro?ice Officers i_n marked police vehicles or motorcycles may patrol the Private Roads on a random basis eaclh day. Whenever possible, Traffic complaints made by occupants of the property wall be �.esponded to aind handled as a call for service, without charge to the Owner. Traffic complaints tha: require Extended Patrol Activity, where the cost of service will be billed +:o the JuTier, wil_.l only be conducted. with prior approval of the Owner. When requested by the ,Nner to perform specific traffic enforcement duties, the Owner will be billed in accordance with Exhibit "B ,; 7 EXHIBIT "B" Compensation I he C y will bill ti-e � $25.00 per hour for each officer requested to perform the Extended Pat,o'. Acti ity.