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R22-164 1 RESOLUTION NO. R22-164 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR 6 TO SIGN AN AGREEMENT FOR TRAFFIC ENFORCEMENT 7 BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND 8 THE BOYNTON VILLAGE COMMUNITY DEVELOPMENT 9 DISTRICT, AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, Boynton Village Community Development District, (hereinafter referred to 12 as "Boynton Village") owns or controls certain private roads lying and being in the City of 13 Boynton Beach, Florida; and 14 WHEREAS, Boynton Village does not have the power to enact or enforce traffic laws 15 within the Boynton Village, nor can it hire others with police power to do so; and 16 WHEREAS, pursuant to Chapter 316.006(1)(b), Florida Statutes, the Boynton Village 17 hereby grants to the City of Boynton Beach, municipal traffic control jurisdiction over all those 18 certain private roads in said Boynton Village. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 20 BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 25 authorize and direct the Mayor to sign the Agreement for Traffic Enforcement between the 26 City of Boynton Beach, Florida and Boynton Village Community Development District, a copy 27 of which is attached hereto as Exhibit "A". S:\CA\RESO\Agreements\BBPD\Boynton Village CDD Traffic Enforcement-Reso.docx 1 28 Section 3. This Resolution will become effective immediately upon 29 passage. 30 PASSED AND ADOPTED this 14th day of November, 2022. 31 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 YES NO 35 36 Mayor-Ty Penserga -INZevv+- 37 38 Vice Mayor-Angela Cruz 39 40 Commissioner-Woodrow L. Hay 41 42 Commissioner-Thomas Turkin 43 v/. 44 Commissioner-Aimee Kelley 45 � 46 VOTE i_1-0 47 48 A . 49 A ,N0 50 I ! • '� � 51 Mayleeus, MPA, C t Ty Penserga 52 City Cle i. Mayor 53 54 APPROVED AS To FO' : 55 (Corporate Seal) 56ft N��� 57 : •.•ORPOW,0. i 58 ; !' SEAL• ,,�� Michael D. Cirullo,Jr. 59 ;INCORPORATED: = i City Attorney 60 's.• 1920 • t% •.• •• �'�.�FCORIDN S:\CA\RESO\Agreements\BBPD1Boynton Village CDD Traffic Enforcement-Reso.docx 2 TRAFFIC ENFORCEMENT AGREEMENT THIS AGREEMENT is entered into, this Jday of I vNP"►X,/, 2022, 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 Ocean Avenue, Florida 33435, hereinafter referred to "CITY," and BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT, a local special District with a business address of 2300 Glades Rd, Suite 410W , , FL 3343`5, hereinafter called "SPECIAL DISTRICT." Boca Raton 33431 WHEREAS, CITY recognizes that it has full power and jurisdiction to patrol certain 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, SPECIAL DISTRICT specifically recognizes the above; and WHEREAS, SPECIAL DISTRICT wishes to grant CITY the authority to exercise jurisdiction for traffic regulation purposes over any road or roads of the SPECIAL DISTRICT, pursuant to §316.006(2)(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 and agree, each with the other 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 SPECIAL DISTRICT hereby recognizes the jurisdiction of CITY over any road or roads within the property indicated on the map attached hereto as Exhibit"A," for traffic control purposes. 3.0 The SPECIAL DISTRICT shall provide CITY with a Resolution or minutes of the SPECIAL DISTRICT attached as Exhibit "B", evidencing the SPECIAL DISTRICT's desire for CITY's {005348871 306)9001821 Page 1 services hereunder and authorizing the SPECIAL DISTRICT, via its Chair, to enter into this Agreement. 4.0 Exercise of Jurisdiction. The CITY hereby agrees to exercise jurisdiction for traffic control purposes over any road or roads within the property within the SPECIAL DISTRICT 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 roads in the SPECIAL DISTRICT identified in Exhibit "A." 4.2.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. 4.3.The Police Department shall choose the hours and days of operation, but these choices shall be based upon information from SPECIAL DISTRICT and the observations of the Boynton Beach Police Department and Public Works Department. 4.4.4.4. Section 316.006, Florida Statutes, provides CITY the right to charge SPECIAL DISTRICT for the actual costs incurred by CITY in providing the services set forth in this Agreement. Notwithstanding that right, CITY has agreed not to charge SPECIAL DISTRICT for the services CITY is performing pursuant to this Agreement during the term of this Agreement; provided, that CITY may require payment of such costs in any future Agreements, extensions to the current Agreement, or modifications of the current Agreement made by the parties pursuant to section 12.0 herein 5.0 Signs and Markings. In order to permit CITY to perform pursuant to the terms of this Agreement, and to ensure appropriate jurisdictional and enforcement authority: 5.1.All traffic control devices on and along the roads within the SPECIAL DISTRICT's property 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 "STANDARDS"). SPECIAL DISTRICT may modify the signs within the SPECIAL DISTRICT'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 SPECIAL DISTRICT. 5.2.In the event SPECIAL DISTRICT has installed traffic calming devices that do not conform with the STANDARDS and the MUTCD, on or along the roads within the SPECIAL DISTRICT identified in Exhibit"A," such as speed humps and/or speed bumps, SPECIAL DISTRICT shall, at its sole expense, cause such devices to be removed within thirty (30) days of execution of (00534887.1306-9001821) Page 2 this Agreement if requested by the CITY. Further, SPECIAL DISTRICT shall not install any traffic calming devices on or along its roads during the term of this Agreement without the express written consent of the CITY. 5.3.SPECIAL DISTRICT 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, SPECIAL DISTRICT shall incur all costs of designing and installing such measures. SPECIAL DISTRICT 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 and Indemnification. 6.I.SPECIAL DISTRICT undertakes and agrees to indemnify and hold harmless CITY from any and against any and all liability or damages CITY may suffer as a result of claims, demands, costs of judgments against it arising from the negligent acts, omissions or errors, conduct, misconduct of SPECIAL DISTRICT arising from CITY's enforcement of traffic regulations with SPECIAL DISTRICT. It is specifically understood and agreed that the indemnification provisions of this Agreement do not cover or indemnify CITY for the negligence of CITY. 6.2.The SPECIAL DISTRICT 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. The SPECIAL DISTRICT 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 upon execution of this Agreement to the City's Risk Management Department. 6.3.It is understood for purposes of this Agreement that both the SPECIAL DISTRICT and CITY are governmental entities entitled to the protections, immunities, and limitations afforded pursuant to Section 768.28, F.S. 7.0 Gated Entrances. In the event access to any portion of the SPECIAL DISTRICT's roads is through a gate, SPECIAL DISTRICT 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 SPECIAL DISTRICT property. SPECIAL DISTRICT shall provide gate access codes to the CITY 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 unless the CITY is notified of the SPECIAL DISTRICT'S failure to comply with requirements of Section 5.0 of this Agreement. In the event SPECIAL DISTRICT is not in compliance with the requirements in (005348871 306-9001821 Page 3 Section 5.0, CITY shall cease enforcement until SPECIAL DISTRICT comes into compliance as directed. If SPECIAL DISTRICT fails to comply with CITY's direction as to Section 5.0 compliance within sixty (60) days of such notice, this Agreement shall be deemed terminated without any further action by CITY. 9.0 General Law Enforcement Jurisdiction. SPECIAL DISTRICT recognizes the authority of CITY to patrol on the SPECIAL DISTRICT'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: 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 SPECIAL DISTRICT: Daniel Rom Wrathell, Hunt and Associates, LLC 2300 Glades Road, Suite 410W Boca Raton, FL 33431 Phone: 561.571.0010 Toll Free: 877.276.0889 Fax: 561.571.0013 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 (00534887 1 306-9001521( Page 4 to the other party delivered in the manner set forth above. 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 SPECIAL DISTRICT have executed this Agreement by their duly authorized officers, this ti 41 day ofb g w✓1 (2022. r CITY OF BOYNTO EACH i BY: i (ITTE : -c-0( TY PENSERGA, MAYOR i B 4. ., 1. ! dill- ;=,O' NT0A, ‘�� MAY E ►1 JESUS, MMC ITY CLERK 4 .••'POR' ••r A. ,, ' i A. G F•'.- 11 • APPROVED AS TO FORM: BY: I too,' c�; SEAL : l s l 0 ; INCORPORATED; i, 1'11 1920 1�,` 'F.....•P ‘, LORIO OFFI '�F THE CITY A ORNEY �`" 1 (00534887.1 3069001821) Page 5 BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT BY: Tierra Smith , Chair STATE OF FLORIDA COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take ckn wledgments, by means of [+f physical presence or ❑ online notarization, on this 2-7- day of w / 2022 appeared Tierra Smith , as Chair of Boynton Village Community Development District, and acknowledged that he has executed the foregoing instrument forLthe use and purposes mentioned in it and that the instrument is the act and deed of Min, S."04^ as Chair of Boynton Village Community Development District, and who is pens n Hy-k Qw or has produced as identification. tilt o1ARyApDaniel Rom NOTARY PUBLIC NOTA Y PUBLISTATE OF FLORIDA `s0Comm#GG973655 •'t•� vw. N E 19� Expires 3/26/2024 Print or Type Name My Commission Expires: 3/Z4/2ozy X00534887.1 3069001821 1 Page 6 EXHIBIT "A" DIAGRAM AND DESCRIPTION OF SPECIAL DISTRICT PROPERTY CONTAINING THE SUBJECT ROADS X00534887.1 306-9001821} Page 7 i . Z I I _. I I SMU / D I COMMERCIAL C GREENWAY _ r< 400- ALTA > GRAPHIC SCALE C3 CORTINA n 1, I m ALTA , I D CORTINA I BOYNTON m In — I MEDPLEX \ , C _— — jD Z RETENTION /, I m I POND 1 RETENTION IP POND 2 --��/ $I C3 �►thONS-13"13 - -- -.I D 8 II O 'I m ll z —.EST" st. Cl?`j PARK CORTINA I h ---- APARTMENTS I D: -- GREENWAY LAKE • CORTINA III --- MULTIFAMILY LWDD CANAL E-4_---- `"----' I _ --ons,04.PG3 o nsam.� � v�� vvvvr 0 / 0P OO GREENWAY-'''''' LWDD CANAL E=4 i I ORB,861.PG 0 10111 ORO 377Z PG800 • II r SCHNAR/j ().il Joe � 04173 BOYNTON VILLAGE COMMUNITY EXHIBIT B5WN Fv ns ENGINEERING CORPORATION CHECKED J1YM 947 Clint Moore Road al(56Qz,1 6455 DEVELOPMENT DISTRICT (BVCDD) TRACT MAP oc JTS Boca Raton,Florida 32487 Fax.(561)241-5182 Cedificale 01 Authorization#0640 SHEET 1 00 EXHIBIT "B" SPECIAL DISTRICT'S AUTHORIZATION TO ENTER INTO THIS AGREEMENT {00534887 I 306.9001821) Page 8 DRAFT 1 MINUTES OF MEETING 2 BOYNTON VILLAGE 3 COMMUNITY DEVELOPMENT DISTRICT 4 5 The Board of Supervisors of the Boynton Village Community Development District held 6 Multiple Public Hearings and a Regular Meeting on September 14, 2022, at 2:00 p.m., at Sea 7 Lofts at Boynton Village, 600 Sea Lofts Dr., Boynton Beach, Florida 33426. 8 Present were: 9 Tierra Smith Chair 10 Tanja Stojanovic Assistant Secretary 11 Edward Turner, Jr. Assistant Secretary 12 13 Also present were: 14 15 Daniel Rom District Manager 16 Ginger Wald District Counsel 17 Jeff Schnars (via telephone) District Engineer 18 19 20 FIRST ORDER OF BUSINESS Call to Order/Roll Call 21 22 Mr. Rom called the meeting to order at 2:05 p.m. Supervisors Smith, Stojanovic and 23 Turner were present in person. Supervisor Wallace was not present. One seat was vacant. 24 25 SECOND ORDER OF BUSINESS Public Comments 26 27 There were no public comments 28 • Staff Reports - District Engineer:Schnars Engineering Corporation 29 This item, previously Item 13B, was presented out of order. 30 • Engineer's Certificate for Trust Indenture 31 Mr. Schnars presented the Engineer's Certificate for Trust Indenture and discussed the 32 Facilities Inspection findings, including the retention ponds, drainage structures, roadways, 33 sidewalk trip hazards, GWI bridge inspection and tree trimming on the Greenway. Mr. Rom 34 stated several of the items are within the Maintenance Agreement of the Boynton Town Center 35 Master Association and Staff updated the report and emailed a copy to the Property Manager 36 for the Masters Association. BOYNTON VILLAGE CDD DRAFT September 14, 2022 37 On MOTION by Ms. Smith and seconded by Mr. Turner, with all in favor, the 38 Engineer's Certificate for Trust Indenture Report, dated September 8, 2022, 39 was accepted. 40 41 42 • Ratification of Stormwater Management Needs Analysis Report 43 This item, previously the Tenth Order of Business, was presented out of order. 44 Mr. Schnars presented the Stormwater Management Needs Analysis Report, which 45 projects the CDD's needs for the next 20 years. The Report was submitted to the County by the 46 due date and acknowledgment that it was accepted was received. 47 48 On MOTION by Ms. Smith and seconded by Mr. Turner, with all in favor, the 49 Stormwater Management Needs Analysis Report, was ratified. 50 51 52 Mr. Schnars left the call. 53 54 THIRD ORDER OF BUSINESS Public Hearing on Adoption of Fiscal Year 55 2022/2023 Budget 56 57 A. Proof/Affidavit of Publication 58 The affidavit of publication was included for informational purposes. 59 B. Consideration of Resolution 2022-08, Relating to the Annual Appropriations and 60 Adopting the Budget for the Fiscal Year Beginning October 1, 2022, and Ending 61 September 30, 2023; Authorizing Budget Amendments; and Providing an Effective 62 Date 63 Mr. Rom presented the proposed Fiscal Year 2023 budget and noted a slight increase in 64 the "Property maintenance (porter services)" line item, on Page 5. 65 66 On MOTION by Ms. Smith and seconded by Mr. Turner, with all in favor, the 67 Public Hearing was opened. 68 69 70 No members of the public spoke. 2 BOYNTON VILLAGE CDD DRAFT September 14, 2022 71 On MOTION by Ms. Smith and seconded by Mr. Turner, with all in favor, the 72 Public Hearing was closed. 73 74 75 Mr. Rom presented Resolution 2022-08 and read the title. 76 77 I On MOTION by Ms. Stojanovic and seconded by Ms. Smith, with all in favor, 78 Resolution 2022-08, Relating to the Annual Appropriations and Adopting the 79 Budget for the Fiscal Year Beginning October 1, 2022, and Ending September 80 30, 2023; Authorizing Budget Amendments; and Providing an Effective Date, 81 was adopted. 82 83 84 FOURTH ORDER OF BUSINESS Public Hearing to Hear Comments and 85 Objections on the Imposition of Special 86 Assessments for Operations and 87 Maintenance for Fiscal Year 2022/2023, 88 Pursuant to Florida Law 89 90 A. Proof/Affidavit of Publication 91 The affidavit of publication was included for informational purposes. 92 B. Consideration of Resolution 2022-09, Making a Determination of Benefit and 93 Imposing Special Assessments for Fiscal Year 2022/2023; Providing for the Collection 94 and Enforcement of Special Assessments; Certifying an Assessment Roll; Providing for 95 Amendments to the Assessment Roll; Providing a Severability Clause; and Providing 96 an Effective Date 97 98 On MOTION by Ms. Smith and seconded by Ms. Stojanovic, with all in favor, 99 the Public Hearing was opened. 100 101 102 No members of the public spoke. 103 104 On MOTION by Ms. Smith and seconded by Ms. Stojanovic, with all in favor, 105 the Public Hearing was closed. 106 3 BOYNTON VILLAGE CDD DRAFT September 14, 2022 107 Mr. Rom presented Resolution 2022-09 and read the title. 108 109 On MOTION by Ms. Smith and seconded by Ms. Stojanovic, with all in favor, 110 Resolution 2022-09, Making a Determination of Benefit and Imposing Special 111 Assessments for Fiscal Year 2022/2023; Providing for the Collection and 112 Enforcement of Special Assessments; Certifying an Assessment Roll; Providing 113 for Amendments to the Assessment Roll; Providing a Severability Clause; and 114 Providing an Effective Date, was adopted. 115 116 117 FIFTH ORDER OF BUSINESS Presentation of Audited Basic Financial 118 Statements for the Fiscal Year Ended 119 September 30, 2021, Prepared by Keefe 120 McCullough 121 122 Mr. Rom presented the Audited Financial Report for the Fiscal Year Ended September 123 30, 2021 and noted the pertinent information. There were no findings, recommendations, 124 deficiencies on internal control or instances of non-compliance; it was a clean audit. 125 126 SIXTH ORDER OF BUSINESS Consideration of Resolution 2022-10, 127 Hereby Accepting the Audited Basic 128 Financial Statements for the Fiscal 129 Year Ended September 30, 2021 130 131 Mr. Rom presented Resolution 2022-10. 132 133 On MOTION by Ms. Smith and seconded by Ms. Stojanovic, with all in favor, 134 Resolution 2022-10, Hereby Accepting the Audited Basic Financial Statements 135 for the Fiscal Year Ended September 30, 2021, was adopted. 136 137 138 SEVENTH ORDER OF BUSINESS Consideration of Shenandoah General 139 Construction Company Proposal #P26675 140 for Renaissance Commons Blvd. Bridge 141 Repairs 142 143 Mr. Rom presented the Shenandoah General Construction Company Proposal #P26675 144 for $87,750, which includes the Maintenance of Traffic (MOT) associated costs. 4 BOYNTON VILLAGE CDD DRAFT September 14, 2022 145 146 On MOTION by Ms. Smith and seconded by Ms. Stojanovic, with all in favor, 147 the Shenandoah General Construction Company Proposal #P26675 for 148 Renaissance Commons Blvd. Bridge Repairs, in the amount of $87,750, was 149 approved. 150 151 152 EIGHTH ORDER OF BUSINESS Consideration of Inter Kleen, Inc., Second 153 Amendment to Porter Services Agreement 154 155 Mr. Rom presented the Inter Kleen, Inc., Second Amendment to Porter Services 156 Agreement. 157 158 On MOTION by Ms. Smith and seconded by Ms. Stojanovic, with all in favor, 159 the Inter Kleen, Inc., Second Amendment to Porter Services Agreement, was 160 approved. 161 162 163 NINTH ORDER OF BUSINESS Ratification of Osprey Landscape 164 Contracting & Maintenance, Proposal to 165 Install 4 Decoders and Redo Wiring for 166 Downed Zones 167 168 Mr. Rom presented the Osprey Landscape Contracting & Maintenance Proposal to 169 install four decoders and redo wiring for downed zones, which was completed on June 7, 2022. 170 171 On MOTION by Ms. Smith and seconded by Ms. Stojanovic, with all in favor, 172 the Osprey Landscape Contracting & Maintenance, Proposal to Install 4 173 Decoders and Redo Wiring for Downed Zones, was ratified. 174 175 176 TENTH ORDER OF BUSINESS Ratification of Stormwater Management 177 Needs Analysis Report 178 179 This item was presented following the Second Order of Business. 180 181 ELEVENTH ORDER OF BUSINESS Acceptance of Unaudited Financial 182 Statements as of July 31, 2022 5 BOYNTON VILLAGE CDD DRAFT September 14, 2022 183 Mr. Rom presented the Unaudited Financial Statements as of July 31, 2022. 184 185 On MOTION by Ms. Stojanovic and seconded by Mr. Turner, with all in favor, 186 the Unaudited Financial Statements as of July 31, 2022,were accepted. 187 188 189 TWELFTH ORDER OF BUSINESS Approval of June 8, 2022 Regular Meeting 190 Minutes 191 192 Mr. Rom presented the June 8, 2022 Regular Meeting Minutes. 193 194 On MOTION by Ms. Smith and seconded by Ms. Stojanovic, with all in favor, 195 the June 8, 2022 Regular Meeting Minutes, as presented, were approved. 196 197 198 THIRTEENTH ORDER OF BUSINESS Staff Reports 199 200 A. District Counsel: Billing, Cochran, Lyles, Mauro& Ramsey, P.A. 201 Ms. Wald reported the following: 202 ➢ The 2022 Legislative session ended in June and a few new laws affect CDDs. 203 ➢ Regarding cybersecurity and cybersecurity crime, records involving computers are now 204 protected by public records. 205 ➢ Regarding audits, Auditors must add two new items to the audits. 206 ➢ Regarding advertising requirements, Counties can provide a centralized website for ads 207 but the Counties would need to set up the websites and that has yet to occur. 208 B. District Engineer: Schnars Engineering Corporation 209 • Engineer's Certificate for Trust Indenture 210 This item was presented following the Second Order of Business. 211 C. District Manager: Wrathell, Hunt and Associates, LLC 212 I. Update: Greenway Tree Trimming 213 Mr. Rom stated that Osprey Landscaping completed the Greenway tree trimming. 214 II. Update: Completed Crossing Signage and Striping to Renaissance Commons 215 Blvd. 6 BOYNTON VILLAGE CDD DRAFT September 14, 2022 216 Mr. Rom stated the Boynton Town Center Master Association updated the street 217 striping for the pedestrian crossing and the signage that accompany it. The next step is for the 218 CDD to enter into a Traffic Enforcement Agreement with the City. The Board should direct the 219 Chair or Vice Chair to coordinate with CDD Staff to review, finalize and execute the Agreement 220 with the City. Asked if the Agreement can be executed by the District Manager, if the Chair or 221 Vice Chair are unavailable, Ms. Wald stated that Board approval is needed to authorize CDD 222 Staff to enter into the Agreement with the City. 223 224 On MOTION by Ms. Stojanovic and seconded by Ms. Smith, with all in favor, 225 authorizing the District Manager to execute a Traffic Enforcement Agreement 226 with the City of Boynton Beach, upon review by District Counsel, was 227 approved. 228 229 230 III. NEXT MEETING DATE: October 12, 2022 at 2:00 P.M. 231 o QUORUM CHECK 232 The next meeting would be held on October 12, 2022, unless cancelled. 233 234 FOURTEENTH ORDER OF BUSINESS Public Comments 235 236 There were no public comments. 237 238 FIFTEENTH ORDER OF BUSINESS Supervisors' Requests 239 240 There were no Supervisors' requests. 241 242 SIXTEENTH ORDER OF BUSINESS Adjournment 243 244 245 On MOTION by Ms. Smith and seconded by Ms. Stojanovic, with all in favor, 246 the meeting adjourned at 2:37 p.m. 7 BOYNTON VILLAGE CDD DRAFT September 14, 2022 247 248 249 250 251 252 Secretary/Assistant Secretary Chair/Vice Chair 8 EXHIBIT"C" CERTIFICATE OF INSURANCE (005348871 306-9001821 Page 9 AC CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) 09/26/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Michelle Thomas Egis Insurance&Risk Advisors PHONE FAX 250 International ParkwayE-MAIL ext): (A/C,No): ADDRESS: mthomas@egisadvisors.com Suite 260 INSURER(S)AFFORDING COVERAGE NAIL# Lake Mary FL 32746 INSURERA: Florida Insurance Alliance 11111 INSURED INSURER B: Boynton Village Community Development District INSURER C: c/o Wrathell,Hunt&Associates,LLC INSURER D: 2300 Glades Road,Suite 410W INSURER E: Boca Raton FL 33431 INSURER F: COVERAGES CERTIFICATE NUMBER: Master Liability 21-22 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUtfk POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBERMM/DD /VYYY) { /YYYY) (MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ Included MED EXP(Any one person) $ 5,000 A Y 100121080 10/01/2021 10/01/2022 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ X POLICY PRO- 1 RO PRODUCTS-COMP/OP AGG $ 1000 JECT LOC ,0 0,0 OTHER: Employee BenefitsPer $ 1,000,000 AUTOMOBILE LIABILITY COMBNJED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 100121080 10/01/2021 10/01/2022 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED NON-OWNED AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE $ (Per accident) UMBRELLA LIAB —. OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ - $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE $ OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Policy Limit 1,000,000 Public Officials Liability&EPLI A 100121080 10/01/2021 10/01/2022 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Traffic Agreement Certificate Holder is included as an Additional Insured -Owners,Lessees or Contractors for General Liability with respect to Boynton Village CDD as required by written contract.A minimum 30 days notice will be provided to the Certificate Holder for coverage cancellation.Note:The most we will pay is further limited by the limitation set forth in Section 768.28(5),Florida Statutes(2010)or equivalent limitations of successor law which are applicable at the time of loss. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Boynton Beach ACCORDANCE WITH THE POLICY PROVISIONS. 100 E.Ocean Avenue AUTHORIZED REPRESENTATIVE P.O.Box 310 Boynton Beach FL 33435 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD