2003-046RESOLUTION NO. 2003-46
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
ELDORADO 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 Eldorado 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.
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 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. Perlow
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2003- 4~6
Page 2
PASSED AND ADOPTED this 3rd day of June, 2003.
~'~EF'F"'R[=Y ~. PERLOW, MA~YOR
ATT~]i~T:
TEI~A m. SO~, ~C
APPROVED AS TO LEGAL SUFFICIENCY:
TRAFFIC CONTROL JURISDICTION AGREEMENT
THIS AGREEMENT is made and entered into this24 day of 'A,PR~[L .2003_,
by and between ELDORADO TOWERS CONDOMINIUM ASSOCYATTON: TN~
(the "Owner") and the City of Aventura, F{orida, a Florida municipal corporation (the
"City").
RECITALS
A. Owner owns fee simple title to all the private roadways within the area
described as follows: (LEGAL DESCRIPTION) OF THE GOI~DOHINIUH PROPERTY
OF ELDORADO CONDOMINTUH.
A Tract of land described as Tract G~ FIRST ADDITION, BISCAYNE
YACHT AND COUNTRY CLUB, as recorded in Plat Book 89, AT Page 100,
of the Public Records of Dade County. Florida.
o/[~DSe~C~.~)~,' F~[~icd.a, and commonly known as ELDORAr~O TOW~:R~: cn.nn.T_.!UH
(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 a~ailability.
(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
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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 compens'ate 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
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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 Aqreement. 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
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.
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 writt~'n in several counterparts, each of
which shall be deemed an original, but all constituting one Agreement.
Signed, sealed and delivered
In the presence of:
T_ r 'sa M. dT ka, ( MC/AAE
City Attorney
OWNER:
ELDORADO TOWERS CONDOMINIUM
ASSOCIATION ~ INC.
36~7~ N. COUNTRY CLUB DR.
By
Marsha Alexa~er, President
CITY OF AVENTURA, a Florida
Munic~oration /
Exhibit A
Patrol
Aventura Police Officers in marked police vehicles or motorcycles will patrol the
private roads of the ELDORADO TOWERS CONDOMINIUM ASSOCIATION, INCon
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 Qwner $25.00 per hour for each officer required to perform
the requested traffic enforcement detail.
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Eldorado Condominium Association
Board of Directors Meeting
April 24, 2003
Call To Order:
Presidenl Marsha Alexander catied meeting to order at 7:30 p.m. on Aprit 24,
2003 in the recreation hall.
Roll Call: Secretary Robert Taylor called the rOll: Frank Levy, Evelyn Yannitelli, Marsha
Alexander, Vicki Ribera, Oebbie Lazar, Barry Polikoff, Ken Klein, Dick Turchen present. A quorum was established.
Mr. Schob, Manager, also present.
Approval of 3-20-03 Minutes: Robert Taylor made motion to waive reading of minutes. ~ Ken
Klein made correction to the motions. Dick Turchen seconded. Secretary called the roli. Frank Levy, Evelyn
Yannitelli, Vicki Ribera, Debbie Lazar, Barry Polikoff, Ken Klein, Dick Turchen voted in the affirmative. Motion
carried.
President's Report:
· Listings of volunteers for committees, Harry Hoffinger is now on the Management Committee,
Give request to Management Committee for stamped concrete of the driveways of the lobby en~'ances; sprucing
up of lobbies, possibly towards the fall of 2003 with the purpose of enhancing the buildings. Hurricane season
might bring additional cash needs so this may be tabled until after the hurricane season ends.
· Proposal for dais curtain, no samples has been seen. Social Committee may pay for part, and the association
will cover the rest of the cost. ~ ........... ',--
· Over the summer, reinstate back door en~ by using card keys. Mr. Schob informed Marsha that there is a
whole program to use card keys.
· May 22nd is the next scheduled board meeting.
Managers Report:
· Sign in front of the buitdiog should be made, possibly another 3 weeks. - Ci~/gave permit.
· Contracted wibh engineer and contractor to build blueprints and specifications to repair Balcony of Unit 710 Bldg.
3.
· Black top bids should be handled via the management committee,
· Attomey will answer rental policy by next week.
Parkinq Committee: Signed agreement by the President of the Board to allow Aventura Police on prOperty for
ticketing purposes. Signs must be placed on both ends of buildings. This depends on whether or not Board Carries
the Motion for this. Must be included in minutes. All residents can call the Police wit~ problems. If a resident is
parked in your spot please contact the Concierge who will call the towing company. The person should be warned
prior to towing.
Motion: Motion made by Barry Polikoff to enter into Trespass after Warning Program with
Aventura Police Dept. Trespass after Warning Program. Discussion took place, Evelyn seconded. Secretary called
the roll, Frank Levy, Evelyn Yannitelli, Vicki P, ibera, Debbie Lazar, Barry Polikoff, Ken Klein, Dick Turchen voted in
the affirmative. Motion carried.
Treasurer's Report:
· Foreclosures are causing a large portion of the $38K or so in "arrears." (17k on just one particular owner,
according to Bill Schob. May 9th a double unit will be auctioned off on the Dade County court steps. Also, One
unit ovwer will not pay the 6-month assessment. Steps will be taken to foreclose on this unit also. Unit owners
may go to the office and get information on budget, assessments, foreclosures etc. Personal identifiable
information should not be disclosed.
· See Report attached.
Motion: Motion made to accept the Treasurer's Report by Evelyn Yannitelli. Dick Turchen
seconded. Secretary called the roll. Frank Levy, Evelyn Yannitelli, Vlcki Ribera, Debbie Lazar, Ban7 Polikoff, Ken
Klein, Dick Turcben voted in the affirmative. Motion carded.
Screening Committee: Frank Levy reported that one screening took place for a rental
Motion: Motion made to accept screening by Ken Klein and Dick Turchen seconded. Secretary
called the roll. Frank Levy, Evelyn Yanniteili, Vicki Ribera, Debbie Lazar, Barry Polikoff, Ken Klein, D~ck Turchen
voted in the affirmatNe. Moron carried.
Manaqement Committee: No report.
Social Committee: Next show is scheduled in November.
Women's Club:
Thursday night, May 8th, next meeting.
Landscape Committee: Mary Rosenthal: Luke's landscaping will be removing the coconuts from the palms, trees
will be shaped and lifted, preservaUon of naturat shape and beauty will be pdodty. Lukes gave the lowest bid out of
3, which wore requested to maintain landscaping. Sprinkler system continues to have chronic problems. Mary
recommended new irrigation system be installed to prevent death of plant life due to problems with current system.
Lawn maintenance company may be damaging valves and sprinkler heads. They are using a large cutter, which may
be doing damage. Sprinkler heads, if installed in the ground would not be damaged by any type of cutter. President
suggested that parts continue to be replaced rather than spending a huge amount of money on a brand dew system.
It wos suggested to research irrigation systems. Debbie volunteered to assist with research. It will go to Management
Committee for review. Barry voiced suggestion that Budget is maintained, and that projects are prioritized.
PARKING AND SECURITY: No Report.
SAFETY AND HURRICANE: No report.
JOINT COUNCIL: Next delegates meeting will be on Sunday May 4th, 2003 at 8:30 am at Eldorado
Conference Hall. Audrey Nesse is Eldorado's Joint Council RepresentatNe.
Old Business;
Balconies: One balcony is scheduled to be repaired, Suggestion wos made to complete the visual
inspection of each Unit Balcony to ensure that needed repairs are begun on defective balconies.
Motion: Vicki PJbera made the motion to complete visual inspec~n of the balconies by deadline
of two months from today's date. Dick Turchen seconded Secretary called the roll. Frank Levy, Evelyn Yannitelli,
Vicki PJbera, Debbie Lazar, Barry Polikoff, Ken Klein, Dick Turchen voted in the affirmative. Motion carded.
New Business:
Employees Working in Apartments: A letter to all employees from Mr. Schob, the building manager, is to be sent out.
The letter is attached. Apd124th is date on the letter. Debbie suggested that a "Hold Harmless" letter be signed by
the unit owner/and employees when work is contracted. City of Aventura regulates permits.
Resurfacing of black top: one quote on back entrances, and one quote on front has been made. Civil engineer must
come and survey the building. Spraying versus re.surfacing. Resurfacing is much more expensive.
Parking space sizes meet code. Handicapped spaces must be put in.
Different avenues of exit/entry to buildings to increase security will be scrutinized as a possibility. Mr. Schob
recommended that the association talk to the City of Aventura regarding putting in a guardhouse and gate. One way
of entedng parking IotJ one way of leaving. Restricted access to buildings and parking lot. The idea is based on a
future safety issue for both buildings and is only in the "idea stage".
Motion: Motion made by Ken Klein to go forward on this idea by talking with the City of Aventura.
Motion seconded by Evelyn Yannitelli. Secretary called the roll. Frank Levy, Evelyn Yannitelli, Oebbie Lazar, Barry
Polikoff, Ken Klein, Dick Turchen voted in the affirmative. Vicki voted No. Motion carried by majodty vote.
Adjournment:
Meeting was adjourned at 9:40 p.m.
Respe~tfulty submitted: ~' '~J '-~"~' ' ~~~"~
Robert Taylor, Secretary.~ ~