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2003-040RESOLUTION NO. 2003-40 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 AVENTURA LAKES HOMEOWNERS 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 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 Aventura Lakes Homeowners 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 Vice Mayor Grossman, who moved its adoption. The motion was seconded by Commissioner Diamond, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Bob Diamond Commissioner Harry Holzberg Vice Mayor Manny Grossman Mayor Jeffrey M. Pedow yes yes yes yes absent yes yes Resolution No. 2003- 4___o Page 2 PASSED AND ADOPTED this 6th day of May, 2003. '~ JEFFREY M. PERLO~-V'V'V'V'V'V'V'V'V~, MAY OR T/E'~ESA M./~90'I~OKA, CMC ~7'Y CLE F~..._..J APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this J.~ day of ~/)4~¢/~r . 2005 by and between ~/'~~ (the "Owner") and the Ci~ 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: of Dade County, Florida, and commonly known as. /~'-CA/-/-d (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. (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 perCormed 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 A.qreement. 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. Governinq 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 it in an--d for Da~e Co~nty:-~ Indemnification and Insurance. O~wn~er.-a~grees to defend, indemnity and ~ City harmless from_m_..~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. 4 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. Signed, sealed and delivered OWNER: ~/. ~ ~'~ In the presence of: By City Attorney CITY OF AVENTURA, a Florida Municipal corporation Exhibit A Patrol Aventura Police Officers in marked police vehicles or motorcycles will patrol the private roads of the /~r/,/c'/v'rb'¢4~ ~f¢¢-'~ 1~2~e:~,~.5 ~.~ Pc. 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. 6 Exhibit B Compensation The City will bill the Owner $25.00 per hour for each officer required to perform the requested traffic enforcement detail.