Loading...
2011-29RESOLUTION NO. 2011 -29 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 WILLIAMS ISLAND PROPERTY OWNERS 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 Williams Island Property Owners 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 Diamond, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Teri Holzberg yes 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 -29 Page 2 PASSED AND ADOPTED this 5 th day of April, 2011. SAN GOTTLIEB, MAYOR AT EST: RESA M. RGIKA, MMC TY CLERK APPROVED A O XUFFICIENCY: CITY ATTORNEY IRAFFIC CONTROL JURISDICTION AGREEMENT T "S AGP - NT ;s m into t ay - 3de and enLered his d of .200 !)v and be (Tn' StAqi 6 1 ��C io (the "Owner") and the of Aventura, Florida, a Florida municipal - corporation (tl e R ECITALS ECITALS A. Owner o fee simple title to all the private roadways within the area described as follows r q �&' q -11 0 , e ounty, Foridea, anrcomm known as tk)(t-o "I C---, Cs "the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and Cy desires 'Lc exercise such traffic control jurisdiction, pursuant to Florida , -- � L-� e 3 0 0 6 ,Z� Late Sta, L -4 THEREFORE., for Ten and No/100 Dollars ($10.00) and other good and va!uabie cans'derat the receipt and sufficiency of which are hereby acknowledged, i 11 and Cry agree as ! I D i L e foregoing Recitals are true and correct and are incorporated ! hereir. by this reference. 2. k raffic Con ° of „ urisdiction Services i he City agrees to exercise traffic co ,ntmi jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) City shah p -Mvide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated cry Exhibit `: V' attached hereto, subject 1 1 , o availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws cenerally ap to streets and highways under the City's original Jurisdiction which are s: -mila in nature to the Private Roads. c` — he City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the ;funsdictional authority presently exercised by the City over the Private Pcad s under ianv. any' nothing herein shall be construed to limit or remove any such j r sdictioral aal thcritv the City agreeing to continue to provide such other police services as are other ;m'se pr^v; ,,Jed under law. (d; ir. addition tc exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A ", `ne City shall be entitled to exercise traffic control jurisdiction, eve when not requested by Owner; provided, however, the City shall not be entitled to anv compensation from Owner pursuant to Paragraph 3 below for exercising such c'i^- -�$icr =e- additional traffic contrc Juris diction, although the City shall be end ed tc re> -ain a`: revenue- from traffic citations issued by the City for violations of traffic laws a:lo.,g the `private R oavc, in accordance with law. 2 (e) Nothin in this Agreement shall require, authorize or permit the City to exercise ar.y ccrtrol cr responsibHity concerning the installation or maintenance of traffic cor'tmol devices. f �nr� 3. Uor~;c� nsation. (a) Routine Patrol Activity - Except as provided in subsection (;), Owner sha =' rot be responsible to pay the City any compensation for oerl:ormina routine patrol activity pursuant to this Agreement. Routine Patro' Activifi 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 �- vio Gtion of tr^'`ic laves along the Private Roads as provided by law. This shall of preclude the assessment f impact fees or other fees provided by law. (b ;;xterided Patrol Activity - Owner shall compensate City for extended patrol activities conducted by the Ci ±y on the Private Roads at Own¢r's request in accordance with the rate schedule enumerated in tXh.ibi� " ". =x :ended °atrol Activity, shall mean any patrol outside of the scope of the City's routine ,patrol of the Private Roads requested by the Own er that _ =ryuires move than one (1) hour additional patrol time �,vithin a; sy twenty - &our hour period. 4. z j abilfi. , l`+ict ;ncreased. Neither the existence of this Agreement nor a �%i�thing cc-r �ai;;ec ; i ; sisal: hive rase to ary greater liability on the part of the City 3 t!.Fn th City `v'�Jo'�I1' cn ; -arily ire subjected to whe=n providing its normal pol ice services as routinely proviaed throughout the City. Term. The term cr= this Agreement shall be one (1) year commencing on the date hereof and e ^ding one (1) year following the date hereof, and shall thereafter automatica'!y continue for successive one (1) year terms, unless terminated by either party upon written notice tc t e other party given at least thirty (30) days prior to the expiration of the then appiicabie one <') year term. Entire Agreement T his Agreement constitutes the entire understanding an agreement of the --arties v,riti^ Tespect to the suhject matter - hereof and ma- not be changed, altered or modified except by an instrument in writing signed by the party against v,,ihom enforceme,,t of such change would be sought. i . Govermng 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 a for any contro 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 triai by jury for any litigation between the parties which arises out of this Agreement c += provision of law enforcement services to Owner hereunder. S. i ndemnificat ion and Insurance. Owner agrees to defend, indemnify and hold the City harmiens from any claim, demand, suit, loss, cost, expense or damage which may be asse:e^, claimed or recovered against or from the City by reason of any wrooertxv damage or o )cdkly iniury, including death, sustainnci '^y any person whomsoever, v hic; sad claim, demand, suit, loss, cos:, expense or damao- anises out of or is i ~• to cr in any war connected with this Agreement, and regardless of It 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 all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering a r�y occurrence on or adjacent to the Private Roads described above, resulting in property damage or hodiiy injury or death to person or persons. Such insurance policy s .as' name the Cite and City's officers, agents and employees as additional insured wit', ,espect 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 shall be deemed an originai. but ail constituting one Agreement. Signed, sealed and delivered In the presence of: MICHELLE M DIAZ ' O�Y °UBf MY COMMISSION #DD832701 J EXPIRES: OCT 20, 2012 B through lst State I prance O`JVN R' r `� t B L %A CITY OF AVENTURA, a Florida Municipal corporation T^ EST . A � t E� ay 5 'eresa M. Soraka, MMC Eric M. Soroka, ICMA -CM City Clerk City Manager Approved as to `egaa Sufficiency- City Attorney EXHIBIT "A" Patrol Z %Ventura. Police Officers i^ 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 properi- , 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 ". 7 E, XHIiBIT "B" Compensation —he Cit;. � :'. bi' ±tale C nner $25.00 per hour for each officer requested to perform the Extended Pa Actlti iv.