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R01-061
RESOLUTION R01-~ / A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MUNICIPAL TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND DOS LAGOS HOMEOWNERS ASSOCIATION, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Dos Lagos Homeowners Association, Inc., hereinafter referred to as "Association") owns or controls certain )rivate roads lying and being in the City of Boynton Beach, Florida; and WHEREAS, Association does not have the power to enact or ,~nforce traffic laws within the Association, nor can it hire others with police power to do so; and WHEREAS, pursuant to Chapter 316.006(b), Florida Statutes, Association hereby grants to the City of Boynton Beach, municipal control jurisdiction over all those certain private roads in said Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1, The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute the Municipal Traffic Control Jurisdiction Agreement between the City of Boynton Beach, Florida and Dos Lagos Homeowners Association, Inc., attached hereto as Exhibit "A" Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ,.~ day of April, 2001. CITY (:~ BOY, NT, ON BEACH, FLORIDA ~~/,~ , ~~ .... Commissioner ATTEST: {Co MUNICIPAL TRAFFIC CONTROL JURISDICTION AGREEMENT FOR DOS LAGOS THIS AGREEMENT, made and entered into this ._~ day of /~ ~, (~· between: --~ - · 2001, by and CITY OF BOYNTON BEACH, FLORIDA A municipal corporation 100 East Boy~ntonBeach Boulevard Boynton Beach; FL 33425 (hereinafter referredto as C~'Y) and DOS LAG )S HOMEOWNERS ASSOCIATION C/O ASSC ~CIATED PROPERTY MANAGEMENT 400 S. Di: e Highway, Suite 10 Lake Worth, FL 33460 (hereinafter referred to ASSOCIAT]:ON) REC'D FEB W['I'NESSETH: WHEREAS, ASSOCIA'I~.ON is the party who owns or controls certain private roads lying and being in the City of B°yntOn Beach, Palm Beach County, Florida; and WHEREAS, ASSOCIA'I'~ON does not have the power to enact or enforce traffic laws within the ASSOCIATION nc WHEREAS, signs ins limits and other restrictions often disregard them with if WHEREAS, it is the d all residents of the CITY, wi WHEREAS, the fund.~ have not beer, provided in th NOW, THEREFORE, ,r can it hire others with police power to do so; and ailed on private roads in the ASSOCIA'i']:ON "establishing" speed cannot be effectively enforced by the ASSOCIATION, and violators lpunity; and ;sire of the C~I-Y to afford some measure of traffic enforcement for ~rever they may be situated; and to provide sufficient traffic enforcement for privately owned roads CFI'Y's current budget; le parties agree as follows: (1) Pursuant to Chapter 316.006(b), Florida Statutes, the ASSOCIATION grants to CITY and C1TY hereby accepts from ASSOCIATION, municipal traffic jurisdiction over all those certain private roads in said ASSOCIATION. hereby control (2) The CITY OF BOYNTON BEACH POLICE DEPARTMENT shall provide traMc enforcement service on certain private roads in DOS LAGOS. This level of service shall be determined solely by the City of Boynton Beach Chief of Police and shall be based upon the availability of police personnel. (3) In order to reimburse the CiTY for the actual costs of this increased traffic control and enforcement, ASSOCIATION shall pay to the C~'I'Y the sum of SNone Dollars ($-0-) per hour for one (1) fully equipped traffic enforcement officer. (4) The Police Chief shall choose the hours and days of operation, the choices may be based .upon information from the ASSOC~A'I-[ON and the observations of the Police Department. (5) ASSOC~TION shall be billed upon a monthly basis and shall promptly pay such invoice within ten (10) days of receipt. (6) Traffic control devices must conform to the requirements contained in the United States Department of Transportation Manual on Uniform Traffic Control Devices for Streets and Highways as adopted by the City of Boynton Beach City Commission. The determination as to whether the signs meet the warrants for installation and/or conform to the manual shall be made solely by the C~TY. (7) To the fullest extent permitted by law, the ASSOC/ATION shall indemnify, defend, save and hold harmless the C~'i'Y, its officers, agents and employees, from all claims, damages, losses and liabilities arising out of or alleged to have arisen out of or in consequence of the operations, acts, omissions, negligence or tortuous conduct of the ASSOC~TION or its agents, officers, servants, independent contractors or employees pursuant to this Agreement. Such indemnification shall not include indemnification for damages, losses or liabilities caused by CITY's active negligence. (8) This Agreement may be modified in writing by mutual agreement of the parties. (9) This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. IN WITNESS WHEREOF, ASSOC~'I'~ON and C~'I'Y have set their hands and seals, as of the day and year first above written. APPROVED AS TO FORM: City Attorney ! DATE: DOS LAGOS By: ~::~. L~-~O-~ , President STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me, the undersigned notary public in and for the State of Florida, on the ~"~'~ day of ~ , 2001, by ~')~/~/ /; ~oc,-~,'.~ Mayor and.--Su-za~e--K-ruse-, City Clerk. '~ ' ' STATE OF FLORIDA ) COUNTY OF PALM BEACH ) Notary Public ~,~ ~',,,,~ Barbara M. Madden ~' ,~, '¥,Commission # CC 760467 "~ m~ ~NDED THRU C The foregoing instrument was acknowledged before me, the undersigned notary public in and, for the_ State of Florida, on the l~'1~ day of ~v~.~.~, , 200::[, by --'~ ~¢'~ ~.~, '-~-~ ~_~. , President of DOS LAGOS. otary Public / ~/ Personally known to me, or Produced ]:dentification: S:ca\agr~DOS LAGOS02220:L MUNICIPAL TRAFFIC CONTROL JURISDICTION AGREEMENT FOR DOS LAGOS THIS AGREEMENT, made and entered into' this between: day of ,2001, by and CITY OF BOYNTON BEACH, FLORIDA A municipal corporation 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 (hereinafter referred to as CITY) and DOS LAGOS HOMEOWNERS ASSOCIATION C/O ASSOCIATED PROPERTY MANAGEMENT 400 S, Dixie Highway, Suite 10 Lake Worth, FL 33460 (herein~ifter referred to ASSOCIATION) WITNESSETH: WHEREAS, ASSOCIATION is the party who owns or controls certain private roads lying and being in the City of Boynton Beach, Palm Beach County, Florida; and WHEREAS, ASSOCIATION does not have the power to enact or enforce traffic laws within the ASSOCIATION nor can it hire others with police power to do so; and WHEREAS, signs installed on private roads in the ASSOCIATION "establishing" speed limits and other restrictions cannot be effectively enforced by the ASSOCIATION, and violators often disregard them with impunity; and WHEREAS, it is the desire of the CITY to afford some measure of traffic enforcement for all residents of the Ciq'Y, wherever they may be situated; and WHEREAS, the funds to provide sufficient traffic enforcement for privately owned roads have not beetprovided in the CITY's current budget; NOW, THEREFORE, the parties agree as follows: (1) Pursuant to Chapter 316.006(b), Florida Statutes, the ASSOCIATION .hereby grants to CITY and CITY hereby accepts from ASSOCIATION, municipal traffic control jurisdiction over all those certain private roads in said ASSOCIATION. (2) The CITY OF BOYNTON BEACH POLICE DEPARTMENT shall provide traffic enforcement service on certain private roads in DOS LAGOS. This level of service shall be DOS LAGOS ~:~¥~ ~0.~ , President STATE OF FLORTDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me, the undersigned notary pUblic in and for the State of Florida, on the day of , 2001, by , Mayor and Suzanne Kruse, ., City Clerk. Notary Public STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me, the undersigned notary public ~and. for th~Stat,e of Florida, on the (,~~t'~'' day of j~'-c~% ,. 2001, by --~--~'~ r~'~ ~,-'~r~.~ ~_,~-~.. , President of J)OS LAGOS. / '~/ Personally known to me, or Produced Identification' S:ca\agr\DOS LAGOS02220! STATE OF FLORIDA ) COUNTY OF PALM BEACH ) DOS LAGOS By: '~'~i fY\ ~ t ~ ~-'~~ ~©~ , President The foregoing instrument was acknowledged before me, the undersigned notary pUblic in and for the State of Florida, on the day of ., 2001, by , Mayor and Suzanne Kruse, j City Clerk. Notary Public STATE OF FLOR[DA ) COUNTY OF PALM BEACH ) '~Personally known to me, or The foregoing instrument was acknowledged before me, the undersigned notary public in and for tl~e_ State of Florida, on the (,~'¥~" day of ~¢~.~.~.-oV~ , 2001, by ~ rx-h ~...--~, -~ ~ ~ ~_~ r~_. , President of DOS LAGOS. Produced Identification: S:ca\agr\DOS LAGOS02220! determined solely by the City of Boynton Beach Chief of Police and shall be based upon the availability of police personnel. (3) !n order to reimburse the C~'I'Y for the actual costs of this increased traffic control and enforcement, ASSOC!AT!ON shall pay to the C~q'Y the sum of SNone Dollars ($-0-) per hour for one (1) fully equipped traffic enforcement officer. (4) The Police Chief shall choose the hours and days of operation, the choices may be based upon information from the ASSOC!AT~ON and the observations of the Police Department. (5) ASSOC~T~ON shall be billed upon a monthly basis and shall promptly pay such invoice within ten (10) days of receipt. (6) Traffic control devices must conform to the requirements contained in the United States Department of Transportation Manual on Uniform Traffic Control Devices for Streets and Highways as adopted by the City of Boynton Beach City Commission. The determination as to whether the signs meet the warrants for installation and/or conform to the manual shall be made solely by the CITY. (7) To the fullest extent permitted by law, the ASSOC~TION shall indemnify, defend, save and hold harmless the CITY, its officers, agents and employees, from all claims, damages, losses and liabilities arising out of or alleged to have arisen out of or in consequence of the operations, acts, omissions, negligence or tortuous conduct of the ASSOCIATION or its agents, officers, servants, independent contractors or employees pursuant to this Agreement. Such indemnification shall not include indemnification for damages, losses or liabilities caused by C.q'Y's active negligence. (8) This Agreement may be modified in writing by mutual agreement of the parties. (9) This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. !N W!TNESS WHEREOF, ASSOCTA'~ON and C~TY have set their hands and seals, as of the day and year first above written. C~q'Y OF BOYNTON BEACH, FLORIDA APPROVED AS TO FORM: City Attorney Nayor DATE: ATTEST: City Clerk