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
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� �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 . U . D .
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' ON O/S X.1,4 10 II PG. 41 /' PORTION OF THE I.9. 1,4. SECTION 4 ,.N•...•4.N.,w i
I P 0.0 • 0.E CORNER 07 THE N.E. 1/4 OF f~A.-tN,.215•.,21 NN 11.11. 1. PO.41 I
SECTION 5 410 THE S.W. CORNER OF 711E
N W. I/4 OF SECTION 4. IOWN5011 46 5
00740E 43 E. PALN OE.CH COUNTY.0100100
EXHIBIT "B"
ASSOCIATION'S AUTHORIZATION TO ENTER
INTO THIS AGREEMENT
Page 8
THE HILLS OF LAKE EDEN
MINUTES BOARD MEETING JULY 18, 2023
The meeting was called to order by Frank Tucci at 7:05 PM. In attendance for the Board were Kris Stamm, Kim
Stein, Patricia Martinez and via Zoom, Sylvia Pecaro and Maureen Sitty. Kevin Denninger was in attendance
for Excel.
Frank gave an overview of the community status and announced that the palm tree trimming is scheduled for
this week. 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
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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
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