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R05-102 1\ I 1 2 3 4 RESOLUTION R05- I O~ 5 6 7 A RESOLUTION OF THE CITY COMMISSION OF 8 THE CITY OF BOYNTON BEACH, FLORIDA, 9 AUTHORIZING AND DIRECTING THE MAYOR 10 AND CITY CLERK TO EXECUTE AN AGREEMENT 11 FOR TRAFFIC ENFORCEMENT BETWEEN THE 12 CITY OF BOYNTON BEACH, FLORIDA AND THE 13 CROSSINGS OF BOYNTON BEACH 14 CONDOMINIUM ASSOCIATION, IN c.; AND 15 PROVIDING AN EFFECTIVE DATE. 16 17 WHEREAS, The Crossings of Boynton Beach Condominium Association, 18 Inc., (hereinafter referred to as "Association") owns or controls certain private roads 19 lying and being in the City of Boynton Beach, Florida; and 20 WHEREAS, Association does not have the power to enact or enforce traffic 21 laws within the Association, nor can it hire others with police power to do so; and 22 WHEREAS, pursuant to Chapter 316.006(b), Florida Statutes, the 23 Association hereby grants to the City of Boynton Beach, municipal traffic control 24 jurisdiction over all those certain private roads in said Association. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 26 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does 31 hereby authorize and direct the Mayor and City Clerk to execute the Agreement for Traffic 1 ! \I I 1 Enforcement between the City of Boynton Beach, Florida and The Crossings of Boynton 2 Beach Condominium Association, Inc., attached hereto as Exhibit "A". 3 Section 3. This Resolution will become effective immediately upon 4 passage. 5 PASSED AND ADOPTED this.Æ.L day of June, 2005. 6 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 12 13 14 15 16 ,.?~ 17 "-/~._-'" . 18 / ,/,??------ 19 #. ,./",...-.' - 20 ¡;;n~ - ./ 21 22 ' é~~- l' Commissioner { ~ --- 23 24 25 26 27 28 29 30 31 32 I 2 I I í I II I' AGREEMENT R05-'O~ June THIS AGREEMENT is entered into, this 6t8 day of-Mttj'; 2005, by and between: CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, with a business address of 100 East Boynton Beach, Florida 33425, hereinafter referred to "CITY," and THE CROSSINGS OF BOYNTON BEACH CONDOMINIUM ASSOCIATION, INC., a con_dGt:~rnlum aSSOclat' ::m of the development known as The Crossings of Boynton Beach ("Development"), having a business address of 36 Crossings Circle, Boynton Beach, FL 33435, hereinafter called "AS SOCIA TION." WHEREAS, CITY recognizes that it has full power and jurisdiction to patrol on private property to enforce all of the laws of the nation, state, county and city, duly enacted, excluding those of traffic control and enforcement; and WHEREAS, ASSOCIATION specifically recognizes the above; and WHEREAS, ASSOCIATION wishes to grant CITY the authority to exercise jurisdiction for traffic regulation purposes over any private or limited access road or roads of specified private segments of the ASSOCIATION, pursuant to §316.006(b) Florida Statutes; WITNESSETH: 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 :md ~g~ee, .~~ch "lith the othpf as follows' 1.0 Ratification. The foregoing preamble is hereby ratified and confirmed as true and correct and incorporated herein. 2.0 Recognition of Jurisdiction. The ASSOCIATION hereby recognizes the jurisdiction of CITY over any private or limited access road or roads within the property indicated on the map attached hereto as Exhibit "A," for traffic control purposes. 3.0 The ASSOCIATION shall provide CITY with a Resolution of the ASSOCIATION attached as Exhibit "B", evidencing the ASSOCIATION's desire for CITY's services hereunder and authorizing the ASSOCIATION to enter into this Agreement. Traffic Enforcement - The Crossings Rev, 05-12-05 4.0 Exercise of Jurisdiction. The CITY hereby agrees to exercise jurisdiction for traffic control purposes over any private or limited access road or roads within the property within the Development listed on attached Exhibit "A." 4.1.The City of Boynton Beach Police Department agrees to provide a minimum base level of traffic enforcement service on all those certain private roads in the Development identified in Exhibit "A." 4.2.The level of service provided the CITY shall be determined solely by the Boynton Beach Chief of Police and shall be based upon the availability of police personnel. 4.3. The Police Department shall choose the hours and days of operation, but these choices shall be based upon information from ASSOCIATION and the observations of the Boynton Beach Police Department and Public Works Department. 5.0 Signs and Markings. In order to permit CITY to perform pursuant 10 the terms of this Agreement, and to ensure appropriate jurisdictional and enforcement authority: 5.1. All traffic control devices on and along the private or limited access roads within the Development identified in Exhibit "A" 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 determination as to whether signs or other traffic control devices meet the installation requirements and/or conform to the MUTCD and CITY Engineering Standards, shall be made solely by CITY. The CITY may conduct any necessary traffic engineering studies to determine appropriate regulatory traffic control within the ASSOCIATION. 5.2 In the event ASSOCIATION has installed traffic calming devices that do not conform with existing CITY and MUTCD standards, on or along the private or limited access roads within the Development identified in Exhibit "A," such as speed humps and/or speed bumps, ASSOCIATION shall, at its sole expense, cause such devices to be removed within thirty (30) days of execution of this Agreement if CITY so requests or a traffic engineering study determines that the existing traffic calming devices are not warranted. Further, ASSOCIATION shall not install any traffic calming devices on or along its private or limited access roads during the term of this Agreement without the express written consent of the City of BoyTItún Be;:tch PGbEc "Works I:cpartmc!lt. 5.3 ASSOCIATION shall purchase and install all signs, signage, posts, pavement markings, and other necessary traffic control, as prescribed by the CITY, as necessary for traffic control purposes. Should CITY determine that traffic-calming measures are appropriate, ASSOCIATION shall incur all costs of designing and installing such measures. ASSOCIATION shall be responsible for maintenance of any traffic control devices and traffic calming measures necessary or desirable for the enforcement of traffic laws. 6.0 Insurance. The ASSOCIATION 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. Proof of insurance shall be provided to the City Risk Manager upon execution of this Agreement. Traffic Enforcement - The Crossings Rev, 05-12-05 7.0 Gated Entrances. In the event access to any portion of the ASSOCIATION's private or limited access roads is through a gate, ASSOCIATION shall take steps to ensure 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 ASSOCIATION property. ASSOCIATION shall provide gate access codes to the Public Works Department for purposes of conducting traffic engineering analyses. 8.0 Term. The term of this Agreement shall be five (5) years, effective on the date of execution, provided that either party may terminate this Agreement without penalty upon sixty (60) days notice by notifying the opposite party in writing of its intention to do same. 9.0 General Law Enforcement Jurisdiction. ASSOCIATION recognizes the authority of CITY to patrol on private property, including ASSOCIATION'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. 10.0 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: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 Telephone No. (561) 742-6010 Facsimile No. (561) 742-6011 with a copy to: Marshall Gage, Chief of Police City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Telephone No. (561) 742-6100 Facsimile No. (561) 742-6185 To ASSOCIArI01\;: Christopher A. DeLiso Attn: President The Crossings of Boynton Beach Condominium Association, Inc. 36 Crossings Circle Boynton Beach, FL 33435 Telephone No. (561) 737-0408 Facsimile No. (561) 737-4946 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 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. Traffic Enforcement - The Crossings Rev, 05-12-05 11.0 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. 12.0 Modification of Agreement. This Agreement may be modified upon mutual consent of the parties only in writing, and executed with the same dignity herewith. 13.0 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. 14.0 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. 15.0 Governing Law. This Agreement shall be governed by the laws of the State of Florida, with venue lying in Palm Beach County, Florida. 16.0 Additional Terms upon Modification or New Agreement. Nothing herein shall preclude the parties from modifying this Agreement during the term of such, or, upon completion of the term, entering into another Agreement, to provide for additional or revised terms. IN WITNESS WHEREOF, CITY and ASSOCIATION have executed this Agreement by their duly authorized officers, this -ªL day of June.. ,2005. CITY OF BOYNTON BEACH BY: /:~~ APPROVED AS TO FORM: BY: ~ ql'Z3/~cs OFFICE OF THE CITY ATTORNEY Traffic Enforcement - The Crossings Rev, 05-12-05 THE CROSSINGS OF BOYNTON BEACH CONDOMINIUM ASSOCIATION, INC. BY:~ ~ PRESIDENT PRINT NAME: ~i11 r~{" '" C. (nd 1 STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) BEFORE ME, an Of~y authorized by law to administer oaths and take ackno\vledgment3, personally appeared ~ as President of THE CROSSINGS OF BOYNTON BEACH CONDOMINIUM ASSOCIATION, INC., on behalf of and duly authorized to execute the same, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned III it, and who IS personally known to me or has produced as identification. OF THE FOREGOING, I have set my hand and official seal at in said on this iÎ day of ~2005. ~\\\\\"I I/IIII. NOTARY PUBLI ~~\O\'HER A. (f",,,,, o§. §;> ....... ~ ~ My Commission Ex ~.ff ..~\$SION€t.. -œ~ ~(J ..·<>a~124.2~ ~..o,\ :':~ is' ~.. : *: ..... :*ª . . - ~ .00086474 ¡~§ .~ ~. ~ ~... ~,,~ ....(! if Sf ··6~ ......~ .SI" Traffic Enforcement - The Crossings Rev, 05-12-05 - I j- i i I . -= ;¡r; < ,r ... ei! . t;S < :.IE - CL - .--' ..- ~~- , . --- . . . ., . < . '.. . ' ¡ . , ! À: EXHIB ; . . .,. . 111 "A' " · ,...,..... . -. .. . : .' , ; ~ 4 . BOARD OF DIRECTORS * Christopher A. DeLiso President * Kathleen Carroll Vice President Lisa Simshauser · Secretary Carol Parrish Director 36 Crossings Circle Al Whitten Boynton Beach, FL 33435 Treasurer (561) 737-0408 · Fax (561) 737-4946 * Licensed Community Association Manager May 10, 2005 City Of Boynton Beach Police Department 100 East Boynton beach Blvd. Boynton Beach FL, 33435 To Whom It May Concern: Please be advised that the board of directors authorize the Boynton Beach Police Department to enforce the traffic laws on the above mentioned property. · Sincerely, The Board of Directors · EXHIBIT "B"