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R24-167 1 RESOLUTION NO. R24-167 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING A SETTLEMENT AGREEMENT BETWEEN THE 5 CITY AND SCG ATLAS BOYNTON I, LLC; PROVIDING AN EFFECTIVE DATE; 6 AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, SCG Atlas Boynton I, LLC ("SCG") is the owner of the real property located at 9 approximately 100 New Lake Drive, Boynton Beach, Florida 33426 (the "Property"), which is within 10 the City's Woolbright Place PUD zoning district; and 11 WHEREAS, SCG provides approximately 548 residential apartments for rent to the public 12 on the Property, of which there are currently 44 units that are used to provide short-term housing 13 and vacation rentals to the public; and 14 WHEREAS, in April 2023, SCG contacted the City seeking a transient license for short-term 15 rentals on the Property; and 16 WHEREAS, on August 17, 2023, the City issued a Zoning Verification Letter and 17 determined that because the Woolbright Place PUD does not allow hotels,the City could not grant 18 SCG's request to permit short-term rentals on the Property (the "Zoning Verification Letter"); and 19 WHEREAS, SCG maintains that the Zoning Verification Letter unreasonably and unfairly 20 burdens the Property because short-term rentals are not hotels and are not prohibited in the 21 Woolbright Place PUD, and the City's efforts to prohibit short-term rentals are preempted by 22 Section 509.032(7), Ha. Stat.; and 23 WHEREAS, SCG appealed the Zoning Verification Letter ("Appeal"), and on November 7, 24 2023, the City held a hearing before the City Commission, and the Commission upheld the Zoning 25 Verification Letter prohibiting short-term rentals on the Property; and 26 WHEREAS, in December 2023, SCG filed a request for relief with the City (the "Request for 27 Relief") pursuant to Section 70.51, Fla. Stat. (the "Florida Land Use and Environmental Dispute 28 Resolution Act" or "FLUEDRA") and initiated the FLUEDRA dispute resolution process; and 29 WHEREAS, the Parties now wish to amicably resolve and settle their differences as they 30 relate to the City's Zoning Verification Letter and the Appeal to avoid costs associated with the 31 Request for Relief and potential litigation, and without admitting liability; and 32 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 33 best interests of the City's citizens and residents to approve the Settlement Agreement between 34 the City and SCG Atlas Boynton I, LLC. 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 37 BEACH, FLORIDA, THAT: 38 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 39 being true and correct and are hereby made a specific part of this Resolution upon adoption. 40 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 41 approve the Settlement Agreement between SCG Atlas Boynton I, LLC, and the City (the 42 "Agreement"), in form and substance similar to that attached as "Exhibit A." 43 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 44 authorizes the Mayor to execute the Agreement and other related documents necessary to 45 accomplish this Resolution's purpose, including, but not limited to, the Traffic Enforcement 46 Agreement. 47 SECTION 4. The City Clerk shall retain one fully executed original of the Agreement(s) 48 as a public record of the City. A copy of the fully executed Agreement(s) shall be provided to 49 Rismerling Gomez. 50 SECTION 5. This Resolution shall take effect in accordance with law. 51 52 [signatures on the following page] 53 54 55 56 57 58 59 PASSED AND ADOPTED this el day of Al --- 2024. 60 CITY OF BOYNTON BEACH, FLORIDA 61 YES/ NO 62 Mayor—Ty Penserga ✓ 63 64 Vice Mayor—Aimee Kelley 65 l/ 66 Commissioner—Angela Cruz 67 c. 68 Commissioner—Woodrow L. Hay 69 70 Commissioner—Thomas Turkin 71 72 VOTE (5-0 73 ATTES 74 fl . • 1 75 W� A 4141101.- 76 Maylee D• - "s, MPA, MC = s ga I sy 77 City Clerk Ma •r 78 _- ...,` 79 :7*1ON BFB"1� APPROVED AS TO FORM: 80 (Corporate Seal) ;fQ0:Qo�TE ••,y'1, r: 82 i r: Q0���OeN : Aafifjna V 83 �0ill ...`NCfJ% .. ; Shawna G. Lamb 84 44 6........7 O.eOP' City Attorney SETTLEMENT AGREEMENT This SETTLEI %J GREEMENT ("Agreement") is made, entered into, and effective as of this (9 day of4@i-, 2024 (the "Effective Date"), by and between the City of Boynton Beach ("City") and SCG Atlas Boynton I, LLC ("SCG") (each a "Party" and together, the "Parties"). RECITALS WHEREAS, SCG is the owner of real property located at approximately 100 New Lake Drive,Boynton Beach, Florida 33426(the"Property")which is within the City's Woolbright Place PUD zoning district; and WHEREAS, SCG provides approximately 548 residential apartments for rent to the public on the Property of which there are currently 44 units that are used to provide short-term housing and vacation rentals to the public; and WHEREAS, In April 2023, Owner contacted the City seeking a transient license for short- term rentals on the Property; and WHEREAS, On August 17, 2023, the City issued a Zoning Verification Letter and determined that because the Woolbright Place PUD does not allow hotels, the City could not grant Owner's request to permit short-term rentals on the Property (the "Zoning Verification Letter"); and WHEREAS, SCG maintains that the Zoning Verification Letter unreasonably and unfairly burdens Owner's Property because short-term rentals are not hotels and are not prohibited in the Woolbright Place PUD and the City's efforts to prohibit short-term rentals are preempted by Section 509.032(7), Fla. Stat.; and WHEREAS, SCG appealed the Zoning Verification Letter ("Appeal") and on November 7, 2023, the City held a hearing before the City Commission and the Commission upheld the Zoning Verification Letter prohibiting short-term rentals on the Property; and WHEREAS, in December 2023, SCG filed a request for relief with the City (the"Request for Relief') pursuant to Section 70.51, Fla. Stat. (the "Florida Land Use and Environmental Dispute Resolution Act"or"FLUEDRA") and initiated the FLUEDRA dispute resolution process; and WHEREAS, the Parties now wish to amicably resolve and settle their differences as they relate to the City's Zoning Verification Letter and the Appeal, to avoid costs associated with the Request for Relief and potential litigation, and without admitting liability. NOW, THEREFORE, in consideration of the following, it is hereby agreed as follows: AGREEMENT 1. Recitals. The foregoing recitals set forth above are true and correct and constitute part of this Agreement. 2. Total Number of Short-Term Rentals. The Parties agree that apartment rentals for less than 30-days ("Short-Term Rentals") shall be permitted on the Property provided that the number of Short-Term Rentals does not exceed 44 units. SCG agrees to submit an application and pay a reasonable fee pursuant to Section 13-94, City Code, which shall be approved by the City provided that SCG complies with all applicable criteria set forth in the City Code and Florida Statutes related to Short Term Vacation Rentals. After a period of three (3) years where SCG is in compliance with all relevant Short-Term Rental regulations and has not received more than three (3) violation fines from the City, SCG reserves the right to seek to increase the number of Short-Term Rentals above 44 units, but not to exceed 25% of all rental units on the Property, subject to City approval, which shall not be unreasonably withheld, and any applicable application procedures set forth in City Code and Florida Statutes related to Short Term Vacation Rentals. 3. Short-Term Rental Unit Location. The Parties agree that Short-Term Rentals will be located together in two designated buildings (Buildings 1 and 3), as shown on the property map attached hereto as Exhibit A. Three (3)years following the execution of this Agreement and to the extent feasible based on tenant leasing, SCG agrees to consider moving all Short-Term Rentals to Buildings 3 and 4. Should SCG increase the number of Short-Term Rentals as set forth in Paragraph 2 of this Agreement, all additional Short-Term Rentals will be located within Buildings 1, 2, 3, 4, or 5. 4. Short-Term Rental Duration. SCG agrees to impose a three-night minimum for all Short-Term Rentals. 5. Limitation on Number of Short-Term Rental Occupants. SCG agrees that all Short-Term Rentals will be limited to two (2) occupants per bedroom. 6. Renter Verification. SCG agrees that all Short-Term Rentals will be subject to background review consisting of a background check. In addition, upon rental period, each rental occupant would be required to provide real-time identification verification. 7. 24-Hour Management and Security. SCG agrees to employ a professional 3rd party management company to manage all Short-Term Rentals. 8. Parking. SCG agrees to use best efforts to restrict property access for Short-Term Rentals to registered renters and to provide onsite parking for guests. 9. Access. SCG agrees to maintain a gated community with controlled access to all Short-Term Rentals and Short-Term Rental buildings. 10. Quiet Hours. SCG agrees to maintain and enforce quiet hours of 11:00 p.m. to 7:00 a.m. on weekdays, and 12:00 a.m. to 8:00 a.m. on weekends and holidays for all Short-Term Rentals and otherwise comply with the City's noise ordinances. 11. Posted Rules and Regulations. SCG agrees to post rules consistent with this Agreement in all Short-Term Rentals and, to the extent not preempted by the Florida Legislature, SCG agrees that it will comply with the City's short-term rental requirements, including the application process and fee requirements in sections 13-94, City Code. 12. Security Surveillance Cameras. SCG agrees to purchase two (2), new FLOCK License Plate Reader cameras and install them where the existing cameras are at the entrance and exit to the Property. SCG shall allow the City to connect SCG's two, new FLOCK License Plate Reader cameras to the City's Real Time Crime Center. In addition, SCG agrees to meet with City of Boynton Beach Police Department to discuss the feasibility of installing additional security cameras on the Property in the parking areas where Short Term Rentals are rented. 13. Traffic Enforcement Agreement. The Parties agree to enter in a traffic enforcement agreement with Boynton Beach Police Department that will allow Boynton Beach Police to conduct traffic and crime enforcement within the Property as substantially set forth in the attached Exhibit B. 14. Term of Agreement. This Agreement is binding between SCG and the City for the duration of SCG or a related entity's ownership of the Property. This Agreement is not binding on any subsequent third-party owners of the Property. To the extent a subsequent owner would like to use the Property for Short-Term Rentals,the new property owner must submit an application consistent with the City's Short-Term Rental ordinance as applicable and State Statutes related to Short Term Vacation Rentals. 15. Merger and Integration,This Agreement incorporates, embodies, expresses, and supersedes all agreements and understandings between the Parties. All Parties agree and represent that there are no representations upon which they relied in entering into this Agreement that are not set forth in writing in this Agreement. 16. Governing Law. This Agreement is made and entered into under the laws of the State of Florida. For all purposes, this Agreement shall be construed and governed in accordance with the laws of the State of Florida without regard to its principles on conflict of laws. The Circuit Court in Palm Beach County, Florida shall be the sole and exclusive jurisdiction to enforce the terms of this Agreement. 17. Severability. If any provision or term of this Agreement is deemed to be illegal or unenforceable in any respect, such provision or term, to the extent illegal or unenforceable shall not affect any other provision or term hereof, and this Agreement shall be construed as if such provision or term had never been contained herein. 18. Comprehension of Terms. The Parties hereby acknowledge that they have entered into this Agreement freely and voluntarily and without coercion or undue influence. The Parties have each retained their own counsel who has reviewed and participated in the drafting of this Agreement. Accordingly, this Agreement is deemed to have been jointly drafted by the Parties, and any uncertainty or ambiguity shall not be construed for or against any Party as an attribution of drafting by any Party. 19. Amendment. This Agreement may be amended only by a subsequent agreement, in writing, signed by the Party to be charged. 20. Headings. The titles and headings of the various sections of this Agreement are intended solely for convenience of reference and shall not be construed as an explanation, modification, or intended construction of any terms or provisions of this Agreement. 21. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which collectively shall be deemed one and the same instrument. Executed counterparts of this Agreement delivered by facsimile or electronic mail shall be deemed original documents for all purposes. [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the Effective Date. ATTEST: CITY OF BOYNTON BEACH, FLORIDA B\: AL, V le ---- Clerk Print Nam-. Ty �,se.rga Print Name: rtlS Title: Main Date: -,sv.Gu.SA" U t aoati J Date: d 71tiZ if- CITY fCITY ATTORNEY'S OFFICE SCG ATLAS BOYNTON I, LLC App=form �r gal ty By: l���Kd,(CJ44 t! Gv�KJ �� BY:k.,,_,....4.--, _____. ,,,,,......--1._ ...et„._ • u/ i •••DRAT •• I 12/d)ffi,\-s-1►►►► Print Name: Brian Soss ►-: SiiC'�,�co i S ; ;•II`N,400 O % Title: Authorized Signatory ii •., 192 •.. s 't ` •'••••••••.pQ';' Date: 07/08/2024 `• FLOR= ,2-� fitness Sig ature Wi ss Signature Paul Ahls Kyle Laubenstein Printed Name Printed Name 07/08/2024 07/08/2024 Date Date Exhibit " A" ➢ N i raf i CI13 1 „"." Inn_ llll lil i i II N an i t 4-. L1r-i�; it, J� EF1 OD :LI AU I rif. it,-t}o i.t 1210 it 1=1 Walane••• CID. iiiriiii 7.111 ii OVA. rE W i w ,. 'era kzer. osCel[ aCo maple �. _ et? ;'� � 1 II 111 .�_ I A Iam qhr`'p �`- tiiliil' IYii�.7.1 OE Earl s Exhibit "B" TRAFFIC ENFORCEMENT AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND SCG ATLAS BOYNTON I, LLC THIS AGREEMENT is entered into, this day of , 202 , between: the CITY OF BOYNTON BEACH, a Florida municipal corporation organized and existing under the laws of the State of Florida,with a business address of 100 East Ocean Avenue,Florida 33435,hereinafter referred to"City," and SCG Atlas Boynton I, LLC, hereinafter referred to as "SCG." RECITALS WHEREAS, SCG is the owner of real property located at approximately 100 New Lake Drive, Boynton Beach, Florida 33426 (the"Development"); WHEREAS,the SCG owns or controls the private roads identified on Exhibit A, attached hereto and incorporated herein by reference("Private Roads") within the Development; and WHEREAS, the SCG wishes to grant access and otherwise contract with the City for the Police Department to provide for enforcement of the traffic laws of the State of Florida over the Private Roads in the Development; and WHEREAS,the City agrees to exercise traffic control jurisdiction upon the Private Roads in the Development. NOW, THEREFORE, for and in consideration of the mutual covenants and undertakings of the parties hereto,and other good and valuable considerations,the parties hereto covenant and agree as follows: 1.0 Ratification. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein. 2.0 Ownership and SCG's Authority to Contract. SCG has provided an affidavit affirming that the SCG owns or controls the Private Roads;a copy of which affidavit is attached hereto as Exhibit B. 3.0 City's Exercise of Jurisdiction on Private Roads.Subject to the terms of this Agreement, City agrees to exercise jurisdiction over traffic control upon the Private Roads in the Development pursuant to the terms and conditions of section 316.006(2)(b), Florida Statutes, and SCG hereby recognizes the jurisdiction of City over the Private Roads for traffic control purposes. 3.1. The City of Boynton Beach Police Department agrees to provide a minimum base level of traffic enforcement service on the Private Roads. 3.2. The level of service provided by the City shall be determined solely by the Boynton Beach Chief of Police and shall be based upon the availability of police personnel. 3.3. The Police Department shall choose the hours and days of operation, but these choices shall be based upon information from SCG and the observations of the Boynton Beach Police Department, Fire Department, and/or Public Works Department. 3.4. Section 316.006,Florida Statutes,provides City the right to charge SCG for the actual costs incurred by City in providing the services set forth in this Agreement. Notwithstanding the foregoing, City has agreed not to charge SCG for City's traffic control services during the term of this Agreement; provided that, City may require payment of such costs in any future Agreements, extensions to the current Traffic Enforcement Agreement(Rev. 12.23) Page 1 Agreement, or modifications to the current Agreement made by the parties. 4.0 Signs and Markings and Maintenance. In order to permit City to provide services pursuant to the terms of this Agreement,and to ensure appropriate jurisdictional and enforcement authority: 4.1. All traffic control devices on and along the Private Roads must conform to the requirements contained in the United States Department of Transportation Manual on Uniform Traffic Control Devices for Streets and Highways (the "MUTCD") and City Engineering Standards (the "Standards"). SCG may modify the signs within the SCG's property as allowed by Florida Statutes, provided all modifications are installed consistent with the MUTCD and the Standards. The determination as to whether signs or other traffic control devices meet the installation requirements and/or conform to the MUTCD and the Standards, shall be made solely by City. The City may conduct in its sole discretion any necessary traffic engineering studies to determine appropriate regulatory traffic control within the SCG. 4.2. In the event SCG has installed traffic calming devices that do not conform with the Standards or the MUTCD, on or along the Private Roads, such as speed humps and/or speed bumps, SCG shall, at its sole expense, cause such devices to be removed within thirty (30) days after execution of this Agreement if requested by the City. Further, SCG shall not install any traffic calming devices on or along the Private Roads during the term of this Agreement without the prior express written consent of the City. 4.3. SCG shall purchase and install all signs, signage, posts, pavement markings, and other necessary traffic control devices, as prescribed by the City, as necessary for traffic control purposes. Should City determine that traffic-calming measures are appropriate,SCG shall incur all costs of designing and installing such measures. SCG shall be responsible for maintenance of any traffic control devices and traffic calming measures necessary or desirable for the enforcement of traffic laws. 4.4. Neither the existence of this Agreement nor anything contained herein shall impose any obligation or duty upon the City to provide maintenance on and/or drainage of the Private Rods. All maintenance, repair, construction, or reconstruction of all roads, drainage, and signage within the Private Roads shall at all times be solely and exclusively the responsibility of the SCG. 5.0 Insurance and Indemnification. 5.1. SCG shall indemnify, defend, and hold harmless the City, its elected and appointed officials, employees, and agents (collectively, "Indemnified Party"), from any and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including through the conclusion of any appellate proceedings, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused , in whole or in part, by any breach of this Agreement by SCG, or any intentional, reckless, or negligent act or omission of SCG, its officers, employees, or agents, arising from, relating to, or in connection with this Agreement (collectively, a Claim"). If any claim is brought against an Indemnified Party, SCG shall upon written notice from City, defend each Indemnified Party with counsel satisfactory to City,or at City's option,pay for an attorney selected by the City Attorney to defend the Indemnified Party The obligations of this section shall survive the expiration or earlier termination of this Agreement. 5.2. SCG agrees to maintain insurance under its general liability policy for all actions arising out of or in any way connected to this Agreement under minimum policy limits of$1,000,000 per occurrence, General aggregate, Products completed/operations aggregate and Personal & advertising injury. SCG agrees to name"City of Boynton Beach, 100 E.Ocean Avenue,P.O. Box 310,Boynton Beach, FL 33435" as an Additional Insured and provide proof of insurance, a copy of which is attached hereto as Exhibit D,upon execution of this Agreement to the City's Risk Management Department. Traffic Enforcement Agreement(Rev. 12.23) Page 2 6.0 Gated Entrances.In the event access to any portion of the Private Roads is through a gate, SCG shall take steps to ensure the City has access by means other than gate codes, such as siren activated gates, Knox Box, or by bar-coding of vehicles, so as to permit uninhibited access by authorized police vehicles and prevent any delay in access to SCG property. SCG shall provide gate access codes to the City for purposes of conducting traffic engineering analyses. 7.0 Term and Termination. The term of this Agreement shall be ( ) years, effective on the date of full execution by the parties,provided that, either party may terminate this Agreement for its convenience without penalty upon sixty (60) days notice by notifying the opposite party in writing of its intention to do same. Additionally, if City is notified or determines that SCG is not in compliance with the requirements of Section 4.0 of this Agreement City shall immediately cease enforcement until SCG comes into compliance as directed. If SCG fails to comply with City's direction as to Section 4.0 compliance within sixty (60) days after such notice, this Agreement shall be deemed terminated without any further action by City. 8.0 General Law Enforcement Jurisdiction. SCG recognizes the authority of City to patrol on private property,including SCG's property,to enforce all laws of the nation,state,county,and city other than for traffic control purposes, and same is done by Boynton Beach Police Department and other appropriate law enforcement agencies pursuant to law, and not through this or any other Agreement. The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to that authority presently exercised by City over the Private Roads,and nothing herein shall be construed to limit or remove any such authority. 9.0 Notices. All notices which shall or may be given pursuant to this Agreement shall be in writing and delivered personally or transmitted(a)through the United States mail,by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U.S. mail or by overnight delivery service as just described,addressed as follows: To City: City Manager City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 Telephone No. (561) 742-6010 Facsimile No. (561)742-6011 with a copy to: Chief of Police City of Boynton Beach 100 East Ocean Avenue Boynton Beach, Florida 33435 Telephone No. (561) 742-6100 Facsimile No. (561) 742-6185 To SCG: Telephone No. ( ) Facsimile No. ( ) Notices shall be deemed given upon receipt in the case of personal delivery,three(3)days after deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery. Either party may Traffic Enforcement Agreement(Rev. 12.23) Page 3 from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. 10.0 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 11.0 Modification of Agreement. This Agreement may be modified upon mutual consent of the parties only in writing, and executed with the same dignity herewith. 12.0 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. 13.0 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 14.0 Governing Law. This Agreement shall be governed by the laws of the State of Florida, with venue lying exclusively in Palm Beach County, Florida. 15.0 Sovereign Immunity.Except to the extent sovereign immunity may be deemed waived by entering into this Agreement,nothing herein is intended to serve as a waiver of sovereign immunity by City nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. 16.0 Assignment. Neither this Agreement nor any right or interest in it may be assigned, transferred, subcontracted, or encumbered by SCG without the prior written consent of City. Any assignment, transfer, encumbrance,or subcontract in violation of this section shall be void and ineffective, constitute a breach of this Agreement,and permit City to immediately terminate this Agreement,in addition to any other remedies available to City at law or in equity. IN WITNESS WHEREOF,City and SCG have executed this Agreement by their duly authorized officers,this day of ,202 . City of Boynton Beach By: Attest: Ty Penserga, Mayor By: City Clerk Approved as to Form: Traffic Enforcement Agreement(Rev. 12.23) Page 4 By: Office of the City Attorney Traffic Enforcement Agreement(Rev. 12.23) Page 5 TRAFFIC ENFORCEMENT AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND SCG ATLAS BOYNTON I,LLC. SCG BY: , President Print Name STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me, by means of❑ physical presence or ❑ online notarization, on this day of , by , as of , who is personally known to me or has produced as identification. NOTARY PUBLIC Signature: Print Name: State of Florida at Large(Seal) My commission expires: Traffic Enforcement Agreement(Rev. 12.23) Page 6 Exhibit A Diagram and Description of SCG Property Containing the Subject Private Roads Traffic Enforcement Agreement(Rev. 12.23) Page 7 Exhibit B Private Road Affidavit BEFORE ME, the undersigned authority, personally appeared , who after being duly sworn, states as follows: 1. My name is , and I am of Homeowner's SCG. I base my statement in this affidavit on my personal knowledge. 2. To the best of my knowledge, all Private Roads within the property description attached as Exhibit A to the Traffic Control Agreement are owned by 3. The undersigned is authorized to execute this Affidavit on behalf of SCG. Further affiant sayeth not. By: STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me, by means of❑ physical presence or ❑ online notarization, on this day of , by , as of , who is personally known to me or has produced as identification. NOTARY PUBLIC Signature: Print Name: State of Florida at Large(Seal) My commission expires: Traffic Enforcement Agreement(Rev. 12.23) Page 8 Exhibit C SCG's Authorization to Enter into this Agreement Traffic Enforcement Agreement(Rev. 12.23) Page 9 Exhibit D Certificate of Insurance Traffic Enforcement Agreement(Rev. 12.23) Page 10