R08-037
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RESOLUTION R08- 037
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
FOSTERS MILL HOMEOWNERS' ASSOCIATION,
INC.; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Fosters Mill Homeowners' Association, Inc., (hereinafter referred to as
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"Association") owns or controls certain private roads lying and being in the City of Boynton
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Beach, Florida; and
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WHEREAS, Association does not have the power to enact or enforce traffic laws
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within the Association, nor can it hire others with police power to do so; and
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WHEREAS, pursuant to Chapter 316.006(1 )(b), Florida Statutes, the Association
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hereby grants to the City of Boynton Beach, municipal traffic control jurisdiction over all
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those certain private roads in said Association.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
27 hereby authorize and direct the Mayor and City Clerk to execute the Agreement for Traffic
28 Enforcement between the City of Boynton Beach, Florida and Fosters Mill Homeowners'
29 Association, Inc., a copy of which is attached hereto as Exhibit "A".
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Section 3.
This Resolution will become effective immediately upon
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passage.
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PASSED AND ADOPTED this ~ day of March, 2008.
CITY OF BOYNTON BEACH, FLORIDA
Commissioner - Marlene Ross
. .p^-~
J et M. Prainito, CMC
lty Clerk
(Corporate Seal)
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ROB -037
AGREEMENT
..-
THIS AGREEMENT is entered into, this ZL day of Jcuw ~ ~' 2008, 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
FOSTERS MILL HOMEOWNERS' ASSOCIATION, INC., a
master association of the homeowner association( s) of the
development known as Fosters Mill ("Develop,ment"), having a
business addred ofclo ~Jf-:;f-r-ta.n'\ $.lA-VIU& t'l\A../~t, i~15'
G-oJc.wo..~ el VI J & i~ ~ , Pl- 33ifal, hereinafter
called "A SOCIATIO ."
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 9316.006(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 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
ASSOCIA TION attached as Exhibit "8", evidencing the ASSOCIATION's desire for CITY's
services hereunder and authorizing the ASSOCIATION, via its President, to enter into this
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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 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 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.
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 Works 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
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minimum policy limits of $1,000,000. Proof of insurance shall be provided to the City Risk
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. 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. ASSOCIA TION 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: G. Matthew Immler, 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 ASSOCIATION: Fosters ry1ill Homeowners' Ass~ciation, Inc. -t
c/o Gu 1.fs+Y~M ~t~ ~
131'$ ~~ V
Boynton Beach, FL 3 4'-'
Telephone No. (561) -.13'35s-S0
Facsimile No. (561) 'f3lt,-oS'J l.D
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
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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 A~IA~ION have executed this Agreement
. duly authorized officers, this 21- day of. ~, 2008.
CITY OF BOYNTON BEACH
/ ~~'
BY:.. \;;.Yju{ \/. U '/j/, .~/
/ MAYtJR ' tI
i
BY:
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FOSTERS MILL HOMEOWNERS
ASSOCIA TION, INC.
~~'
BY: ,-" 1 t2.d .
Betsy ownard, resident
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared, Betsy Downard, as President of FOSTERS MILL HOMEOWNERS
ASSOCIA TION, INC., on behalf of and duly authorized to execute the same, and acknowledged
e foregoing Agreement for the use and purposes mentioned in it, and who is
personally known me or has produced ~ / # as identification.
IN WITNESS OF THE FOREGOING~ave set my hand and official seal at in
the State and County aforesaid on this 23 day ofUa~ ' 2008.
~~\<YPUB, SCOTTSTRALEAU ~~~--:J
~ MYCOMMISSION<<00385486 NOTARY PUBLIC
* -I< EXPIRES: March 24, 2009 ... .
"'-" ~'" BondedThnl Budget Notary Services My CommIssIon ExpIres. S/.zSf 107
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EXHIBIT" A"
DIAGRAM AND DESCRIPTION
CONTAINING THE SUB.ii~~S:OCIA TION PROPERTY
RIV ATE ROADS
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EXHIBIT "B"
ASSOCIA TION'S AUTHORIZATION TO ENTER
INTO THIS AGREEMENT
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