Resolution No. 2018-17 Portsview at the Waterways Condominium Association Traffic Control Jurisdiction Agreement - January 9, 2018 RESOLUTION NO. 2018-17
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 PORTSVIEW AT THE WATERWAYS
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 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 Portsview at the Waterways
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 Weinberg, who moved
its adoption. The motion was seconded by Vice Mayor Shelley, and upon being put to a
vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Absent
Commissioner Marc Narotsky Yes
Commissioner Howard Weinberg Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2018-17
PASSED AND ADOPTED this 9th day of January, 2018.
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NID WEISMAN, MAYOR
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ATTEST:
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ELLI A L. HORVA ' 7 C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY AT ORN'''
Page 2 of 2
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TRAFFIC CONTROL JURISDICTION AGREEMENT
THIS AGREEMENT is made and entered into this 2 day of November. 2017_
by and between Portsview at the Waterways Condominium Association (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:
3630 Yacht Club Dr, Aventura
3620 Yacht Club Dr, Aventura
3602 Yacht Club Dr, Aventura
3598/3600 Yacht Club Dr, Aventura
3640 Yacht Club Dr, Aventura
3610 Yacht Club Dr, Aventura
of Dade County, Florida, and commonly known as Portsview at the Waterways
(the "Private Roads").
B. Owner desires the City to exercise traffic control jurisdiction over the Private
Roads, and the 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) The 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.
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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 traffic
control devices.
3. Compensation. Owner shall compensate the City only for the services
performed by the City under this Agreement at the rate indicated on Exhibit "B" attached
hereto. So as to assure full reimbursement for costs incurred by the City, as determined
by the City, on the 15th day of each month, the City shall invoice Owner for services
provided in the prior month. In addition, 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.
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. This Agreement
shall thereafter automatically renew 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
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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
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
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shall provide for thirty (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.
Signed, sealed and d livered a lit ER:
In the presence of:
ev Ptie,�c WILLIAM H.ARCILA By
MV COMMISSION#GG 019624
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CITY OF AVENTURA, a Florida
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ATTEST:
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City Clerk s E
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Approved as to Legal S fficiency:
City Attorney
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Exhibit A
Patrol
When possible, Aventura Police Officers will patrol the private roads of
l5 - on a random basis 24 hours per
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,
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 bill the Owner the current off duty rates as set forth in the
existing PBA contract for requested off duty traffic enforcement details. A
minimum employment period of three hours will be guaranteed per
requested assignment.
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