Resolution No. 2016-37 Traffic Control Jurisdiction Agreement with Biscayne Lake Gardens - June 7, 2016 RESOLUTION NO. 2016-37
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 BISCAYNE LAKE GARDENS SERVICE
CORP. AND THE CITY OF AVENTURA; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING FOR 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 Biscayne Lake Gardens Service Corp.
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 Cohen, who moved its
adoption. The motion was seconded by Vice Mayor Landman, and upon being put to a
vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2016-37
PASSED AND ADOPTED this 7th day of June, 2016.
ENID WEISMAN, MAYOR
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ATTEST:
4. --
ELLISA L. HORVAT M
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
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TRAFFIC CONTROL JURISDICTION AGREEMENT
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THIS AGREEMENT is made and entered into this ) day of ��" . 2016,
by and between Biscayne Lake Gardens Service Corp., a Florida not for profit
corporation ("BLGSC") and the City of Aventura, Florida, a Florida municipal corporation
(the "City").
RECITALS
A. Biscayne Lake Gardens ("BLG") is a development in Aventura, Florida,
consisting of fourteen (14) residential buildings, a clubhouse, pool area, and lake that
are owned by the building owners described on Exhibit "C" attached to and
incorporated into this Agreement by this reference. The building owners are collectively
referred to as the "Owners."
B. BLGSC serves as the master association for the Owners and has the
authority to enter into this Agreement on behalf of the Owners.
C. The Owners own fee simple title to the following private roadways within
BLG which are collectively referred to as the "Private Roads":
NE 203rd Street Frontage Road, excluding publicly dedicated portions
NE 29th Court
NE 201st Terrace
NE 27th Court
0328.001/Aventura/Traffic Agreement with Biscayne Lake Gardens v7
D. BLGSC and Owners desire 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/100 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.
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0328.001/Aventura/Traffic Agreement with Biscayne Lake Gardens v7
(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 the Owners; provided, however, the City shall
not be entitled to any compensation from the Owners 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.
(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), Owners
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 - BLGSC shall compensate City for extended
patrol activities conducted by the City on the Private Roads at
BLGSC's request in accordance with the rate schedule enumerated in
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0328.001/Aventura/Traffic Agreement with Biscayne Lake Gardens v7
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 BLGSC 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
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 Owners hereunder.
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0328.001/Aventura/Traffic Agreement with Biscayne Lake Gardens v7
8. Indemnification and Insurance. BLGSC and the Owners jointly and
severally agree 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, except to the extent that 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, BLGSC 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 insureds 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. BLGSC
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.
Signed, sealed and delivered OWNER:
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0328.001/Aventura/Traffic Agreement with Biscayne Lake Gardens v7
Int • •resenc- of: BISCAYNE LAKE GARDENS
SERVICE CORP., a Florida not
/ / ,/5/ for profit corporation
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i'& AV
cl - CITY OF AVENTURA, a Florida
:S-' ,' Municipal Corporation
ATTEST: �\Ls r /
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C' -ii% By
Ellissa L. Horvath, M c , City Clerk Eric M. Soroka
ICMA-CM, City . nager
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE USE AND RELIANCE OF THE CITY OF AVENTURA ONLY:
By: Weiss Serota Helfma Cole & B'erman, P City Attorney
By:
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0328.001/Aventura/Traffic Agreement with Biscayne Lake Gardens v7
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 Owners or to BLGSC. Traffic complaints that require Extended
Patrol Activity, where the cost of service will be billed to BLGSC, will only be conducted
with prior approval of the BLGSC. When requested by the BLGSC to perform specific
traffic enforcement duties, BLGSC will be billed in accordance with Exhibit "B".
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0328.001/Aventura/Traffic Agreement with Biscayne Lake Gardens v7
EXHIBIT "B"
Compensation
The City will bill BLGSC $25.00 per hour for each officer requested to perform the
Extended Patrol Activity.
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0328.001/Aventura/Traffic Agreement with Biscayne Lake Gardens v7
Exhibit "C"
BISCAYNE LAKE GARDENS OWNERSHIP
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Building A Cooperative Biscayne Lake Gardens Building "A", Corp., Inc.
Building B Cooperative Biscayne Lake Gardens Building "B", Inc.
Building C Condominium Biscayne Lake Gardens Condominium No. 1 , Inc.
Building D Condominium Biscayne Lake Gardens Condominium No. 1 , Inc.
Building E Condominium Biscayne Lake Gardens Condominium No. 1 , Inc.
Building F Condominium Biscayne Lake Gardens Condominium No. 2, Inc.
Building G Condominium Biscayne Lake Gardens Condominium No. 2, Inc.
Building H Condominium Biscayne Lake Gardens Condominium No. 2, Inc.
Building J Cooperative Biscayne Lake Gardens Building "J" Inc.
Building K Condominium Biscayne Lake Gardens Condominium No. 2, Inc.
Building L Condominium Biscayne Lake Gardens Condominium No. 2, Inc.
Building M Condominium Biscayne Lake Gardens Condominium No. 2, Inc.
Building N Condominium Biscayne Lake Gardens Condominium No. 1 , Inc.
Clubhouse/Pool/Lake Corporate Biscayne Lake Gardens Development Corp (Inactive)
3 units on NW Condominium Biscayne Lake Gardens Condominium No. 3, Inc.
Corner
0328.001/Aventura/Traffic Agreement with Biscayne Lake Gardens v7