2003-058RESOLUTION NO. 2003-58
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
VILLA DORADA 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 Villa Dorada 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 Beskin, who moved its
adoption. The motion was seconded by Vice Mayor Grossman 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-_5..~
Page 2
PASSED AND ADOPTED this 2nd day of September, 2003.
JJ~:F'RE'~Y M. ~)I~IS, LOW, MAYOR
T~I~ESA M. ~)~OK~, CMC
C~(CLERK~) --
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ~TO~ ~YZ~
TRAFFIC CONTROL JURISDICTION AGREEMENT
THIS AGREEMENT is made and entered into this day of .200_,
by and between V~L~-¢) 3>~p~c,f~ (~oto~zld~zM RS~OCI~Tio~) I~.)
(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: ~'~ ~ ¢4 ~-~-,~o It- ~-~
of Dade County, Florida, and commonly known as
(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 Fl~'ida
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
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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 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
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party upon written notice to the other par[y 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 written in several counterparts, each of
which shall be deemed an original, but all constituting one Agreement.
Signed, s/e_.~led and delivered
In th./e.p'res~nce of:
ATTEST:
Teresa M. Soroka, CMC/AAE
City Clerk
Approved as to Legal Sufficiency:
City Attorney
OWNER:
CITY OF AVENTURA, a Florida
Municipal corporation
By.
Eric M. Soroka
City Manager
Exhibit A
Patrol
Aventura Police Officers in marked police vehicles or motorcycles will patrol the
private roads of the k)~L-~-~I ~-'~r~ C0~'0 t'~5~, ..~t,)E,.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.
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the ~t~lt ~e~
O~ i.E. I/4 for 13.80
LEGAL DESCRIPTION OF
CONDOMINIUM PROPERTY ~OR
VILLA DORAD~ CONDOMINIUM NO. 1
A Tract of land lying in Tract "S" of the FOURT~ ADDITION
BISCAYNE YACHT AND COUNTRY CLUB as recorded in Plat Book
92 at Page 86 of the Public Records of Dade County, Florida
mot, particularly described as follows ~ Co~mmence at the
S.W. corner of the N.W. 1/4 of the S.~. 1/4 of Section 34,
Township 51 South,Range 42 East, Dade County, Florida;
thence $3' 17' 07" E. along the West boundary of said
Tract "S" and its Northerly extension for 130.40 feet;
thence N86' 42' 53' E. for 49.00 feet to the "Point of
Beginning" of said Tract of land; thence continue N86'
42' 53" £. 260.79 feet, thence S2° 40' 32" E. 141.01 feet;
thence S86' 42' 53" W. 259.29 feet; thence N3° 17' 07" W.
141.00 feet to the 'Point of Beginning"-.
Jui-O~=200~ 10=41~m ~tom- T-e?$ POO~/OOZ F-010
JOSEPH HELD CO., lNG.
WALL STREFT PLAZA - $8 PINE STREET
NEW YORK, NY 10005
(212) 962-3122 FAX (212 797-5413)
CONFE,qS NO RIGHTS UPON T]-IE CERTIFICATE HOLDER. THIE CERT[~'I~.~TE
DOES NOT AMEND. EXTEND OFt ALTER THE COVERAGE AFFORDED Ely THE
POLICIES BELOW.
COMPANIES ~FORDING COVERAGE
COMpANYA QBE INSURANCE CORP,
INSURED
VILLA DORADA CONDOMINIUM ASSOCATION,INC. COMPANYC
20250 WEST COUNTRY CLUB DRIVE COMPANYD
AVENTURA, DADE CQ, FLORIDA 33180
COMPAi~yB QBE INTERNA"IONAL INSURANCE LIMITED
COMPANYE
THI~ iS TO CERTI,~y THAT THE POLICIES OF JNSU
INDICATED, NO~iTHST~DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTACT OR OTHER D~UMENT W[TP
CERTIFICATE ~y aE ISSUED OR MAY PERTAIN, THE ~NCE AFFORDED By THE POLICIES DESCRIBEI~ HE.IN ARE SU
~C~US~O~ AND CONDITIONS OF SUCH ~O~IC~E$, LIMITS ~HOWN MAY ~VE ~EEN REQUCED BY ~AtD CLAIMS.
EFFECtiVE ~PI~TION
LTR. ~PE OF JNSU~CE PO~CY NUMBER
~ GENE~L U~ILI~ DATE
~ COMMERC~L GENE~ L~ILt~ QX 3165 7/1/2003 4/1/2004 ~E( DUCT~COMp/op
OWNER'S & CO~CTOR~ PROT, PE~ ~L & ADV. IN J[
~OMOBILE g~BILI~ MEDICAg ~. ~y Or~e
G~GE L~IL~ aOD~
~C~ ~BILI~ PRO~'ER~ O~GE
UMS~L~ FO~
OTHER ~ UM$~E~ FO~
WORKERS COMPENSATION AND
~CH~
Special Form QW 3165 7/1/2003 4/1/2004 BUILDING
DESC~I~iON 0F O~TIO~LOCATION~EH[C[E~PECIA[ ITE~: ~ CONTENTS
'E FOR THE POLI~y PERIOD
ESPECT TO WHICH THIS
EJECT TO ALL THE TERMS.
LIMITS
,,ooo,ooo
$1,000,000~
~) $
$
CERTIFICATE HOLDER I$ INCLUDED AS ADDITIONAL INSURED
TN E CiTY OF AVENTURA 3.~ DAY~ WRI~EN NOTICE TO ~ CERT]F[CAT~ HO~ER NAMED TO THE LE~.
AVENTU~, FLORIDA BUT FAILURE TO MA~L SUCH N~tCE SH~ IM~E NO OBLiGATiON OR
REP~E~ATIV~.
~C--~S-S (7190)