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2013-36
RESOLUTION NO. 2013-36 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 TURNBERRY VILLAGE 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 Turnberry Village 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 Luz Weinberg, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen yes Commissioner Teri Holzberg absent Commissioner Billy Joel yes Commissioner Howard Weinberg yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Michael Stern yes Mayor Susan Gottlieb yes Resolution No. 2013-X Page 2 PASSED AND ADOPTED this 3rd day of September, 2013. /eJ SUSAN GO LIEB, MAYOR ATTEST: 1 RESA MMC CLE'40-OKA, APPROVED AS TO GAL SUIENCY: 1P---.1‘ CITY ATTORNEY Op TRAFFIC CONTROL JURISDICTION AGREEMENT / L THIS AGREEMENT is made and entered into this Zbd y of June . 20 (3 by and between J ttriyberr y t 1•) 1191° (the "Owner") and the City 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 follows: • • (9l .b •e v- - - / • au 4r Q(i"Je R.) ec�� .tc-cz , F t i 33\ 0 of Dade County, Florida, and commonly known as �r4 dpi' Wai 1° (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, THEREFORE, for Ten and No/I00 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City 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 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 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 discretionary 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 laws along the Private Roads, in accordance with law. 2 (e) 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 "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 3 than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. 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. 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, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. 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 11th 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. 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 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 4 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 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 policy 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. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. 5 Signed, sealed and delivered OWN In the pr-:ence of: � • / By Th\ kI&) /► . r,�Y COM�41S,,� .321 ?(S2 4 7Lt��/ 74 .>a b rice T' h., . >, .ndenwilers CITY OF AVENTURA, a Florida Municipal corporation AT ,EST: ( " " A Aa By MN/ ; re -resa M. So , MC Eric M. Soroka, A CM ��' Clerk City Manage Mana 9 Approved as to a al Sufficie y: City Attorney 6 EXHIBIT "A" Patrol Aventura Police Officers in marked 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". 7 EXHIBIT "B" Compensation The City will bill the Owner $25.00 per hour for each officer requested to perform the Extended Patrol Activity. 8 PHILADELPHIA One Bala Plaza, Suite 100 INSURANCE COMPANIES Bala Cynwyd, Pennsylvania 19004 610.617.7900 Fax 610.617.7940 A Member of the T okio Marine Group PHLY.com Philadelphia Indemnity Insurance Company COMMON POLICY DECLARATIONS Policy Number: PHPK1020906 Named Insured and Mailing Address: Producer: 5998 Turnberry Village Master Association, In USI INSURANCE SERVICES, LLC 19950 E Country Club Dr 200 W Cypress Creek Rd Ste 600 Aventura, FL 33180-3101 Ft Lauderdale, FL 33309 Policy Period From: 05/15/2013 To: 05/15/2014 at 12:01 A.M.Standard Time at your mailing address shown above. Business Description: Homeowners Association IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Commercial Property Coverage Part Commercial General Liability Coverage Part 18,579.73 Commercial Crime Coverage Part Commercial Inland Marine Coverage Part Commercial Auto Coverage Part 188.23 Businessowners Workers Compensation Total $ 18,767.96 Total Includes Fees and Surcharges (See Schedule Attached) 421.96 Total Includes Federal Terrorism Risk Insurance Act Coverage 95.00 FORM(S)AND ENDORSEMENT(S) MADE A PART OF THIS POLICY AT THE TIME OF ISSUE Refer To Forms Schedule 'Omits applicable Forms and Endorsements if shown in specific Coverage ParUCoverage Form Declarations CPD- PIIC (01/07) Countersignature Date Authorized Representative Philadelphia Indemnity Insurance Company Form Schedule — Policy Policy Number: PHPK1020906 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description Recurring Payment Flyer 1212 Recurring Payment Flyer CSNotice-1 1011 Making Things Easier BJP-190-1 1298 Commercial Lines Policy Jacket PI-Notice 0400 Florida Complaint Notice CPD-PIIC 0107 Common Policy Declarations Location Schedule 0100 Location Schedule Additional Insured Schedule 0100 Additional Insured Schedule Fees and Surcharge Schedule 0110 Fees and Surcharge Schedule PP-0701 0701 Privacy Policy Notice PI-BELL-1 FL 0410 Bell Endorsement PI-CME-1 1009 Crisis Management Enhancement Endorsement IL0017 1198 Common Policy Conditions IL0021 0908 Nuclear Energy Liability Exclusion Endorsement IL0985 0108 Disclosure Pursuant to Terrorism Risk Insurance Act PI-LCN 0901 Florida Policy Holder Notice PI-TER-DN1 FL 0308 Disclosure Notice of Terrorism Ins Coverage Rejection Page 1 of 1 Philadelphia Indemnity Insurance Company Locations Schedule Policy Number: PHPK1020906 Prems. Bldg. No. No. Address 0001 ALL 19950 E Country Club Dr Aventura, FL 33180-4601 Page 1 of 1 Philadelphia Indemnity Insurance Company Policy Number: PHPK1020906 Page 1 of 1 Philadelphia Indemnity Insurance Company Fees and Surcharge Schedule Policy Number: PHPK1020906 Policy Term Effective Date: 05/15/2013 Policy Term Expiration Date: 05/15/2014 Florida Citizens 2005 Emergency Assessment $ 183.46 Florida Hurricane Catastrophe Fund Assessment 2011 $ 238.50 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG P 011 05 09 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION ENDORSEMENT ADVISORY NOTICE TO POLICYHOLDERS This Notice does not form a part of your insurance contract. No coverage is provided by this Notice, nor can it be construed to replace any provisions of your policy (including its endorsements). If there is any conflict between this Notice and the policy (including its endorsements), the provisions of the policy (including its endorse- ments)shall prevail. Carefully read your policy, including the endorsements attached to your policy. This Notice provides information concerning the following new endorsement, which applies to your renewal policy being issued by us: Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Endorsement CG 00 68 05 09 This endorsement replaces the current Distribution Of Material In Violation Of Statutes Exclusion in your policy with a revised exclusion, newly titled Recording And Distribution Of Material Or Information In Violation Of Law Exclusion. The revised exclusion contains language that elaborates on the intent of the Distribution Of Material In Violation Of Statutes Exclusion to reflect that, in addition to the TCPA and CAN-SPAM Act of 2003, the exclusion will more explicitly exclude liability coverage for bodily injury, property damage or personal and advertising injury arising out of any action or omission that violates, or is alleged to violate, the Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA) and any other similar federal, state or local statute, ordinance or regulation concerning disposal and dissemination of personal information. CG P 011 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number: PHPK1020906 Agent# 5998 ® See Supplemental Schedule LIMITS OF INSURANCE $ 2, 000, 0 0 0 General Aggregate Limit (Other Than Products—Completed Operations) $ 2, 000,000 Products/Completed Operations Aggregate Limit (Any One Person Or Organization) $ 1, 0 00, 0 0 0 Personal and Advertising Injury Limit $ 1, 000, 000 Each Occurrence Limit $ 100, 000 Rented To You Limit $ 5, 000 Medical Expense Limit(Any One Person) FORM OF BUSINESS: CORPORATION Business Description: Homeowners Association Location of All Premises You Own, Rent or Occupy: SEE SCHEDULE ATTACHED AUDIT PERIOD,ANNUAL, UNLESS OTHERWISE STATED: N/A Rates Advance Premiums Premium Prem./ Prod./ Prem./ Prod./ Classifications Code No. Basis Ops. Comp.Ops Ops. Comp. Ops. SEE SCHEDULE ATTACHED TOTAL PREMIUM FOR THIS COVERAGE PART: $ 18,579.73 $ RETROACTIVE DATE (CG 00 02 ONLY) This insurance does not apply to "Bodily Injury", "Property Damage", or"Personal and Advertising Injury"which occurs before the retroactive date, if any, shown below. Retroactive Date: FORM(S)AND ENDORSEMENT(S)APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule Countersignature Date Authorized Representative Philadelphia Indemnity Insurance Company Form Schedule — General Liability Policy Number: PHPK1020906 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description CGP011 0509 Recording and Distribution of Material or Information Gen Liab Dec 1004 Commercial General Liability Coverage Part Declaration Gen Liab Schedule 0100 General Liability Schedule CG0001 1207 Commercial General Liability Coverage Form CG0068 0509 Recording and Distribution of Material or Information CG0220 0312 Florida Changes - Cancellation and Nonrenewal CG2002 1185 Additional Insured - Club Members CG2017 1093 Additional Insured-Townhouse Associations 0704 CG2147 1207 Employment-Related Practices Exclusion CG2167 1204 Fungi or Bacteria Exclusion CG2416 1207 Canoes Or Rowboats CG3380 0210 Florida Changes - Binding Arbitration PI-GL-001 0894 Exclusion - Lead Liability PI-GL-002 0894 Exclusion - Asbestos Liability 0100 PI-MANU-2 0100 Exclusion - Martial Arts PI-MANU-2 0100 Exclusion - Trampoline PI-PU-1 0595 Exclusion - Subsidence Page 1 of 1 Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK1020906 Agent# 5998 Premium Rates Advance Premiums Basis Prem./ Prod./ Prem./ Prod.! Classifications Code No. Ops. Comp.Ops. Ops. Comp.Ops. FL PREM NO. 001 CONDOMINIUM MASTER ASSOCIATION 68500 2 21.965 INCL 45 INCL UNIT PROD/COMP OP SUBJ TO GEN AGG LIMIT FL PREM NO. 001 CLUB-CIVIC-BLDG OWN/LEASE-NFP 41668 11,129 414.056 INCL 4,632 INCL AREA PROD/COMP OP SUBJ TO GEN AGG LIMIT FL PREM NO. 001 SWIMMING POOL-NOC 48925 1 1264.778 INCL 1,272 INCL POOL PROD/COMP OP SUBJ TO GEN AGG LIMIT FL PREM NO. 001 PARKING-PRIVATE 46622 231,052 51.936 INCL 12,063 INCL AREA PROD/COMP OP SUBJ TO GEN AGG LIMIT FL MANUAL PREMIUM-FULLY EARNED 0844 1 150 EACH POLICY NUMBER: PHPK1020906 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizationfs) Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 0 PI-MANU-1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY All other terms and conditions of this Policy remain unchanged. Page 1 of 1