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R06-006 II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION R06- DO'=> A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR TRAFFIC ENFORCEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND CRYSTAL KEY @ WOOLBRIGHT PLACE HOMEOWNER'S ASSOCIATION, INC.; AND PROVIDING AN EFFECTIVE DATE. 17 WHEREAS, Crystal Key @ Woolbright Place Homeowner's Association, Inc., 18 (hereinafter referred to as "Association") owns or controls certain private roads lying and 19 being in the City of Boynton Beach, Florida; and 20 WHEREAS, Association does not have the power to enact or enforce traffic laws 21 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 Association hereby 23 grants to the City of Boynton Beach, municipal traffic control jurisdiction over all those 24 certain private roads in said Association. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 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 " Enforcement between the City of Boynton Beach, Florida and Crystal Key @ Woolbright 2 Place Homeowner's Association, Inc., attached hereto as Exhibit "A". 3 Section 3. This Resolution will become effective immediately upon 4 passage. 5 PASSED AND ADOPTED this -.!3_ day of January, 2006. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Commissioner ~~ (~nert ~~ 24 25 ~ 26 27 28 29 30 31 32 2 AGREEMENT RO"-OOb {, THIS AGREEMENT is entered into, this ~ day of Ja.,n uo.ry , 2001. 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 CRYSTAL KE '{ AT WOOLBRIGHT PLACE HOMEOWNbR'S ASSOCIATION, INe., a master association of the homeowner association(s) of the development known as Crystal Key ("Development"), having a business address of c/o Point Management Group, 75 N.E. 6th Avenue, Suite 206, Delray Beach, FL 33483, 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 S316.006(b) Florida Statutes; WITNESSETH: NOW, THEREFORE, for and in consideration of the mutual covenants and undertakings or the pa..'1:it;~ h;;reto, ano 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 authorizing the ASSOCIATION to enter into this Agreement. S:\CA IAGMTS\Traffic Enforcement\CrystaI Key HOA.doc Page I The CUll 01 Bollutou Beach Citl) Clerk's aliice 100 E BOYNTON BEACH BLVD BOYNTON BEACH fL 33435 (561) 742-6060 FAX (561)742-6090 e-mail: prainitoj@ci.bol)nton-beach.H.us www.boynton-beach.org January 12, 2006 Crystal Key Homeowner's Association Attn: Abner Galdos, Presedent 174 Hemming Way Boynton Beach, FL 33426 Re: RESOLUTION NO. R06-006 Authorizing and Directing the Mayor and City Clerk to execute an agreement for traffic enforcement between the City of Boynton Beach and Crystal Key @Woolbright Place Homeowner's Association, Inc. Dear Mr. Galdos: Attached for your information and files is a copy of Resolution No. R06-006 and one fully executed Agreement that was approved by the City Commission at their regular meeting on January 3, 2006. If I can be of any additional service, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH Yn. p~ et M. Prainito, CMC Clerk Attachments c: Matt Immler, Chief of Police S:ICCIWPIAFTER COMMISSIONlOlher Transmillal Letters A/ler CommissionlTRANSMITTAL LETTER ACHlEvA,<ioc.America 's Gateway to the Gulfstream 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 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 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 Boynton Beach Public Vi orks Department. 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, ASSOCIA TION 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 S:\CAIAGMTS\Traffic Enforcement\Crystal Key HOA.doc Page 2 Manager upon execution of this Agreement. 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. ASSOCIA nON 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 (S) 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 authcrity of CITY to patrol an private property, incbding .t\.SSOCIATION's property, to cnfo~ce 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: G. Matthew Immler, Chief of Police City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Telt:phoLe No. (561) 742-6100 Facsimile No. (561) 742-6185 To ASSOCIATION: Crystal Key@ Woolbright Place Homeowner's Association, Inc. Attn: Abner Galdos, President 174 Hemming Way Boynton Beach, FL 33426 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. S:\CAIAGMTS\Traffic Enforcement\Crystal Key HOA.doc Page 3 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 Auth',dty. Each pefson 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 uly authorized officers, this ~ day ofJa.nuo.r1 ' 2001. b' CITY OF BOYNTON BE BY: ~-- APPROVED AS TO FORM: BY: ~ '/(,.{'01f OFFICE OF THE CITY A T1bRNEY S:\CAIAGMTS\Traffic Enforcement\Crystal Key HOA.doc Page 4 STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appec.~'ed, AB~'ER t]ALDOS, as Presidert of CRYSTAL KEY @ V.rOLLBFJGHT PLACE HOMEOWNER'S ASSOCIATION, INe., on behalf of and duly authorized to execute the same, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and who is personally known to me or has produced as UIentification. IN WITNESS OF THE FO~GOING, I have set my hand and official seal at in the State and County aforesaid on thisQ day of No~005. cfJ tll~ CJJbt- NOTARY PUBLIC .1 jLI 00 My Commission Expires: - ~ S:\CA\AGMTS\Traffic Enforcement\Crystal Key HOA.doc Page 5 EXHIBIT" A" DIAGRAM AND DESCRIPTION OF ASSOCIATION PROPERTY CONTAINING THE SUBJECT PRIVATE ROADS S'.\CAIAGMTS\Traffic Enforcement\Crystal Key HOA.doc Page 6 ~ '. ~~ - - ~; ~ - ~ :;;~ :0 rn \C\ - ~ '0. \(\ 9; ~R.d~ -- \., C,y~,,~~~~~"'Y . JH:lCi · S~I 7n UJ7 EXHIBIT "B" ASSOCIATION'S AUTHORIZATION TO ENTER INTO THIS AGREEMENT S:\CAIAGMTS\Traffic Enforcement\Crystal Key HOA.doc Page 7 CRYSTAL KEY HOMEOWNERS ASSOCIA nON SEPTEMBER 27, 200S MINUTES President Abner Galdos called the meeting to order at 7:00 pm. Present for the meeting was Jan Lindway and Mike Quan. Eric Estebanez was present on behalf of Pointe Management Group. Willie Feliciano and Eugene Ford were absent. Motion made by Mike Quan to approve the minutes of June 28, 200S was seconded by Jan Lindway and carried unanimously. Financial Report: Eric Estebanez gave the financial report for the month ending of August. There was $29,200.00 in the operating account, $16,400.00 in the AmTrust reserve account and the month ran at a loss of$37S.00. The receivables were at $14,000.00 mostly due to those homeowners owing for the berm repayment. Manager's Report: Eric Estebanez read the Manager's report. A copy is on files for future reference. Motion made by Abner Galdos to approve the extension letter to the city with the change from sixty days to ninety days. Second by Jan Lindway and carried unanimously. Old Business: Discussion ensued regarding those homeowners that are delinquent in the berm re-payment. Motion made by Mike Quan to not send any homeowners delinquent on berm payments any final notices for the next six months. Second by Jan Lindway and carried unanimously. Motion made by Jan Lindway that each homeowner must pay S% ofthe re-payment for the next six months, and then will be revisited. All late fees to date will be waived, if no payments have been made after three months then the homeowner will receive a final notice and be sent to the attorney. Second by Mike Quan and carried unanimously. Discussion ensued regarding homeowners parking in the pool parking lot. The Board stated that they will e-mail Pointe Management with the wording for a new sign for the pool parking lot. Motion made by Mike Quan to buy a new pool parking sign when the e-mail wording is sent was seconded by Jan Lindway and carried unanimously. New Business: The Board will be signing a contract with the City of Boynton Beach to enforce all rules within the community. The topic of changing the speed limit within the community was discussed. Motion made by Abner Galdos to accept the contract with the city of Boynton Beach and to change the speed limit within the community to be as low as possible within the law. Second by Jan Lindway and carried unanimously. Motion made by Abner Galdos to purchase 'children at play' and speed limit signs as needed was seconded by Jan Lindway and carried unanimously. Motion made to adjourn the meeting at 8:00 pm. The CUll 01 Bollnton Beach CitlJ Clerk's OHice 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX (561)742-6090 e-mail: prainitoj@cibolJnton-beach.H.us www.boynton-beach.org January 12, 2006 Crystal Key Homeowner's Association Attn: Abner Galdos, Presedent 174 Hemming Way Boynton Beach, FL 33426 Re: RESOLUTION NO. R06-006 Authorizing and Directing the Mayor and City Clerk to execute an agreement for traffic enforcement between the City of Boynton Beach and Crystal Key @Woolbright Place Homeowner's Association, Inc. Dear Mr. Galdos: Attached for your information and files is a copy of Resolution No. R06-006 and one fully executed Agreement that was approved by the City Commission at their regular meeting on January 3, 2006. If I can be of any additional service, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH Yn. p~ Attachments c: Matt Immler, Chief of Police S:\CCIWPIAFTER COMMISSfOMOlher Transmilla/ Lel/ers After CommissionITRANSM/7TAL LE7TER ACHIEvA,<ioc.America 's Gateway to the Gulfttream