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R23-131 1 RESOLUTION NO. R23-131 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR 6 TO SIGN AN AGREEMENT FOR TRAFFIC ENFORCEMENT 7 BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND 8 THE HILLS OF LAKE EDEN HOMEOWNER'S 9 ASSOCIATION, INC., AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, The Hills of Lake Eden Homeowner's Association, Inc., (hereinafter referred 13 to as "Association") owns or controls certain private roads lying and being in the City of 14 Boynton Beach, Florida; and 15 WHEREAS, Association does not have the power to enact or enforce traffic laws within 16 the Association, nor can it hire others with police power to do so; and 17 WHEREAS, Association has requested a Traffic Enforcement Agreement to minimize 18 speeding and deter crime within the community; and 19 WHEREAS, pursuant to Chapter 316.006(2)(b), Florida Statutes, the Association hereby 20 grants to the City of Boynton Beach, municipal traffic control jurisdiction over all those certain 21 private roads in said Association. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 28 approve and authorize the Mayor to sign the Agreement for Traffic Enforcement between the S:\CA\RESO\Agreements\BBPD\Hills of Lake Eden Traffic Enforcement Agreement-Reso.docx 1 29 City of Boynton Beach, Florida and The Hills of Lake Eden Homeowner's Association, Inc., a 30 copy of which is attached hereto and incorporated herein as Exhibit "A". 31 Section 3. This Resolution will become effective immediately upon 32 passage. 33 PASSED AND ADOPTED this 14th day of September, 2023. 34 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor—Ty Penserga 40 41 Vice Mayor—Thomas Turkin 42 43 Commissioner—Angela Cruz 44 45 Commissioner—Woodrow L. Hay 46 47 Commissioner—Aimee Kelley ✓ 48 49 VOTE 50 51 A 52 • AL !!!g(I.P 53 AMC.. • 54 Maylee D: =sus, MP MMC Ty Pen a City 55 Clerk , Mayo o 56 NTON "v'` 57 kt.vQORArf••.• c,ti1 • `PROVED AS TO FORM: 58 (Corporate Seal) ;�o : s, : SY�Ps-(E • 59 i v \N�oct?C) 0. 60 •• 1g2 62 ',%% FLOR��P�/ David N. Tolces Interim City Attorney 63 S:\CA\RESO\Agreements\BBPD\Hills of Lake Eden Traffic Enforcement Agreement-Reso.docx 2 TRAFFIC ENFORCEMENT AGREEMENT THIS AGREEMENT is entered into, this 14 day of2 , 2023, 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 THE HILLS OF LAKE EDEN HOMEOWNER'S ASSOCIATION, INC., a homeowners association with a business address of 2385 NW Executive Center D, Ste 100, Boca Raton, FL 33431, hereinafter called "ASSOCIATION." 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(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 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 Page 1 authorizing the ASSOCIATION,via its President, to enter into this Agreement. 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 ASSOCIATION 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 ASSOCIATION 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 ASSOCIATION and the observations of the Boynton Beach Police Department and Public Works Department. 4.4. Section 316.006, Florida Statutes, provides CITY the right to charge ASSOCIATION 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 ASSOCIATION 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 private or limited access roads within the ASSOCIATION'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"). ASSOCIATION may modify the signs within the ASSOCIATION'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 ASSOCIATION. 5.2.In the event ASSOCIATION has installed traffic calming devices that do not conform with the STANDARDS and the MUTCD, on or along the private or limited access roads within the ASSOCIATION 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 requested by the CITY. Further, ASSOCIATION shall not install Page 2 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. 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 and Indemnification. 6.1.The ASSOCIATION undertakes and agrees to indemnify, defend, and hold harmless the CITY from any and all liability or damages the undersigned may be exposed to as a result of claims, demands, costs of judgments against it arising from the CITY's enforcement of traffic regulations within the ASSOCIATION. 6.2.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 per occurrence, General aggregate, Products completed/operations aggregate and Personal & advertising injury. The Association 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.Nothing contained herein shall be interpreted as a waiver of the CITY's right to sovereign immunity protections afforded under Section 768.28, Florida Statutes. 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 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 ASSOCIATION'S failure to comply with requirements of Section 5.0 of this Agreement. In the event ASSOCIATION is not in compliance with the requirements in Section 5.0, CITY shall cease enforcement until ASSOCIATION comes into compliance as directed. If ASSOCIATION 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. Page 3 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: 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 ASSOCIATION: Telephone No. (561) Facsimile No. (561) 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. 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. Page 4 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 11- day of01e62023. CITY OF BOYNTON BEACH L BY: _. ATTE : Ty P3, -• �►vrew•• 1 B : IA . .. 1, - ✓ Maylee D•Jests., MMC, C CLERK =.1ON 8��``� T1 -, ....Eq,, P 1 � O� RATE ••..5, 1 APPROVED AS • FORM: �;o�e �( • 11 O:C") -fa . c5)... ri SJ pF 0 • � �l�'. pRe ,J BY: '' ` el 0..• \�G % `. OFFICE OF THE CITY ATTORNEY ......•••,\' .„ R Page 5 ASSOCIATION NAME BY: `4J ' /44/1^— • Kris Stamm, President STATE OF FLORIDA ) COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, by means of o physical presence or o online notarization, on this,,.'day of if.«„,tr , 2023 appeared Kris Stamm, as President of The Hills of Lake Eden Homeowner's Association,Inc.,and acknowledged that she has executed the foregoing instrument for the use and purposes mentioned in it and that the instrument is the act and deed of Kris Stamm, as President of The Hills of Lake Eden Homeowner's Association, Inc., and who is personally known to me or has produced .2 of as identification. ,4'rr vpe'.,, JASON CLUKEY .i%�1 r. •� Notary Public-State of Florida ” °� Commission k GG 966096 OTARY 3LIC ''•oF r`�: •• My Comm.Expires Mar 5,2024 ✓Lre COW" Print or Type Name My Commission Expires: mr/br/rr I Page 6 EXHIBIT "A" DIAGRAM AND DESCRIPTION OF ASSOCIATION PROPERTY CONTAINING THE SUBJECT PRIVATE ROADS Page 7 HILLS AT LAKE EDEN , P . 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Frank will check with Baker Landscape on the preserve work and there was some discussion about trimming the perimeter trees with no decision. A brief overview of the collection status was provided with information that it should be coming to an end soon. Frank turned over the meeting to Kevin who gave a financial review and reported that with the exception of legal fees all expenses are on point. The meeting was turned over to Ray Rabbitt who discussed the water drainage issue and brought the group up to date with his findings. He explained that a permit will be needed to remedy the problem. At this point two additional engineers will be engaged to develop a plan and pricing providing three proposals. It was noted that no changes have been made to the Association amendments yet. When the final drafts are complete they will be sent to the residents for consideration. Frank announced that he Board asked to have a recall of a Board member which is allowed by the Association documents in order for another resident to serve. Patricia Martinez gave a brief rebuttal and some answers were provided by Kim Stein. Kris Stamm made a motion to recall Patricia Martinez,seconded by Silvia Pecaro and approved by Kim Stein so by unanimous decision the motion passed. A motion was made to appoint Ray Rabbitt by Kim Stein, seconded by Kris and approved by Sylvia, with that the motion passed and Ray Rabbitt became a new Board member. Kris reported that she contacted the city about our traffic agreement to deal with the dirt bike/motor bike issue.The city came out to certify out to verify that the community qualifies and conforms to the city requirements. Kris made a motion to approve the traffic agreement as provided by the city of Boynton Beach. Seconded by Kim, and approved unanimously. With no other issues the meeting was adjourned at 8:05 PM. c5 .a /4..ca, e, 3.2. 08/10/2023 Sylvia Pecaro,Secretary Q EXHIBIT"C" CERTIFICATE OF INSURANCE Page 9 AcG o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D Y) kixi.-----. 08/11/2023 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 pollcy(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 Anna Hook NAME: The Beacon Group,Inc. PHONE (561)994-9994 FAX (581)997-7087 6001 Broken Sound Plcwy.,N.W. ADORESS: ahook/?,beacongroupinc.com �) ADDRE Suite 500 INSURER(8)AFFORDWG COVERAGE NAIL* Boca Raton FL 33487-2730 INSURERA: Westchester Surplus Lines Insurance Company 10172 INSURED INSURER B The Hills of Lake Eden Homeowners Association Inc. INSURER C: Attn:Frank Tucci INSURER D: 2385 NW Executive Center Dr.Suite 100 INSURER E: Boca Raton FL 33431 INSURER F: COVERAGES CERTIFICATE NUMBER: 23124 Liability 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. lain ADM SUB POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WI POLICY NUMBER •(MMIDDrYYYY) (MMIDDJYYYY] LIMITS X COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE $ 1.000.000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 100,000 MED EXP(My one person) t 5,000 A GLWF16911033001 02/23/2023 02/23/2024 PERSONAL BADV INJURY $ 1,000,000 — GENEAGGREGATE UNIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY jEa LOCIncluded PRODUCTS $ _ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE UNIT ' $ 1,000,000 Me eoddeM) BODILY INJURY(Per person) + ANY AUTO $ A OWNED SCHEDULED GLWF16911033001 02/23/2023 02/23/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X AUTHIREOS D ONLY X NON-OWNED PROPERTY DAMAGE IPer eoddentj $ `_ AUTOS ONLY Hired/Nonowned $ 1,000,000 UMBRELLA LAB OCCUR EACH OCCURRENCE _ $ _ EXCESS UAB CLAIMS-MADE AGGREGATE _ $ OLD RETENTION$ $ WORKERS COMPENSATION PER DTH- — AND EMPLOYERS'LWBILTY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE I I N/A E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYEE S It yea,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POUCY LIME $ DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more spec,Is nquied) Per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN FOR INFORMATION PURPOSES ONLY ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I _ Q ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD