98-037 RESOLUTION NO. 98-37
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
ENSENADA CONDOMINIUM 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 Ensenada Condominium 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.
Section3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Rogers-Libert, who
moved its adoption. The motion was seconded by Commissioner Holzberg, and upon
being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Ken Cohen yes
TRAFFIC CONTROL JURISDICTION AGREEMENT
THIS AGREEMENT is made and entered into this ~/day of ~,t,~,~ . 196,
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by and between ENSENADA CONDOMINIUM ASSOCIATION, INC. (the "Owner") and
the City of Aventura, Florida, a Flodda municipal corporation (the "City").
RECITALS
A. Owner owns fee simple title to all the private roadways within the area
described as follows: 3401 - 3475 NORTH COUNTRY CLUB DRIVE, AVENTURA,
FLORIDA 33180 of Miami-Dade County, Florida, and commonly known as ENSENADA
CONDOMINIUM ASSN., INC. (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/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, except only that the City
shall enforce the speed limit established by Owner, in Owner's sole discretion, for the
Private Roads, which speed limit Owner shall post along the Private Roads by
appropriate signage.
(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 City 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 City, as determined by City, on the
15th day of each month for service provided in the prior month, upon invoice from City.
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 Pdvate Roads as provided by law. Except
as provided in the first sentence of this Paragraph 3, Owner shall not be responsible to
pay the City any compensation for performing police services pursuant to this
Agreement. 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, 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.
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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 Flodda. 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 Dade County, Florida.
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 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 delivered OWNER:
In the presence of:/? ~ ENSENADA CONDOMINIUM
By ~ "
Phillip Stu~ President ~
CITY OF AVEN~RA, a FIori)ila
,~ ~ By ( , ~ ('-'-- /
-~esa M. Smith, CMC Eric M. S~oka /
City Clerk
City ManaO~
Approved as to Leg,al Sufficiency:
City Attomey ~
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Resolution No. 98-02
Page 2
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow ,/es
Commissioner Patdcia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 21~t day of April, 1998.
ATTEST: )
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tins