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98-038 RESOLUTION NO. 98-38 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 FLAMENCO TOWERS 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 Flamenco Towers 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 wes seconded by Commissioner Holzberg, and upon being put to a vote, the vote wes as follows: Commissioner Arthur Berger yes Commissioner Ken Cohen yes Resolution No. 98-02 Page 2 Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Jay R. Beskin yes Mayor Arthur I. Snyder yes PASSED AND ADOPTED this 21~t day of April, 1998. ARTHUR I. SNYDE R, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: EMS/tms TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this 9tl~ay of April . 199_8, by and bebNeen FLANCO CONDO ASSN. INC. (k/a FLAMENCO TOWERS) ., (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: PARKING LOT- 3701/3731 N. Country Club Drive of Dade County, Florida, and commonly known as FLAMENCO TOWERS (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 2 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. 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 Private 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 3 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 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. 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 4 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 ~vered CITY OF AVENTURA, a Florida ATTEST: :, ~ Muni~ation / Teresa M. Smith, OMC Eric M. Sor~)ka / City Clerk City Manager ,/ Approved as to Legal Sufficiency: 5 POLICY NUMBER: FL2111-02 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED--DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Aventura, Florida A Florida Municipal Corporation (The City) and the City and City's Officers, Agents and Employees with respect to Traffic Control or Enforcement of the Private Roads. The Insurance Corporation of New York shall provide for 30 days prior written Notice of Cancellation or change in scope or amount of coverage of such policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. RECEIVED APR 0 9 i998 OFFICE OF THE CI'Df MANAGER CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 []