R13-015RESOLUTION R13- 015
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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
EXECUTIVE ESTATES OF BOYNTON BEACH
HOMEOWNERS ASSOCIATION, INC.; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Executive Estates of Boynton Beach Homeowners Association, Inc.,
(hereinafter referred to as "Association ") owns or controls certain private roads lying and
being in the City of Boynton Beach, 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, pursuant to Chapter 316.006(l)(b), Florida Statutes, the Association
hereby grants to the City of Boynton Beach, municipal traffic 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 foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby authorize and direct the Mayor and City Clerk to execute the Agreement for Traffic
Enforcement between the City of Boynton Beach, Florida and Executive Estates of Boynton
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Beach Homeowners Association, Inc., a copy of which is attached hereto as Exhibit "A ".
Section 3. This Resolution will become effective immediately upon
passage.
PASSED AND ADOPTED this day of February, 2013.
CITY OF BOYNTON BEACH, FLQRIDA
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Mayor -
ATTEST:
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Wet M. Prainito, MMC
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Commi oner — Wa Segal
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AGREEMENT
THIS AGREEMENT is entered into, this ;'-]� day of :s u 3► , 2012, 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
Boulevard, Florida 33435, hereinafter referred to "CITY,"
and
EXECUTIVE ESTATES OF BOYNTON BEACH
HOMEOWNERS ASSOCIATION, IN., having a business address
of 195 Temple Avenue, Boynton Beach, FL 33436, 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(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 authorizing the ASSOCIATION, via its President, to enter into this
Agreement.
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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. 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: Lori LaVerriere, Interim City Manager
City of Boynton Beach
100 Fast 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: c/o Victory Accounting Service
1500 Gateway Boulevard, Suite 220
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.
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11.0 SeverabRity. 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.
15.0 Governing Law. This Agreement shall be governed by the laws • the State of
Florida, with venue lying in Palm Beach County, Florida.
IN WITNESS W]HEREOF, CITY and ASSOCIATION have executed this Agreemej
by their duly authorized officers, tbis,,,�`7 day of Fe-h 2012.
CITY
• BOYNTON BEACH
WOODROW L. R
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EXECUTIVE ESTATES OF BOYNTON BEACH
HOMEOWNERS ASSOCIATION, INC.
BY:
BOB FOSTER, President
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authori d by law to administer oaths and take acknowledgments,
personally appeared, Aftm as President of
- /,// _ 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 kff6 to me or has produced
as identification
IN WITNESS OF THE FOREGOING,
the State and County aforesaid on this SO day of
scou 3TRALE&
M • * MY COMMISSION i DD 855946
EXPIRES. March 24, 2013
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I have set my hand and official seal at in
& "��'` , 2012.
NOTARY PUBLIC
My Commission Expires: Ylzels
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EXHIBIT "A"
DIAGRAM AND DESCRIPTION OF ASSOCIATION PROPERTY
CONTAINING THE SUBJECT PRIVATE ROADS
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EXHIBIT "B"
ASSOCIATION'S AUTHORIZATION TO ENTER
INTO THIS AGREEMENT
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Executive Estates of Boynton Beach HOA
Board of Directors Meeting Minutes
7:30 P.M.
October 30, 2012
The Board of Directors Meeting of Executive Estates of Boynton Beach Homeowners
Association was held on the above reference date at the Citrus Glen Clubhouse, Boynton
Beach, FL.
Open of Meeting: 7:30 PM
Proof of Notice: Posted 10/25112 Clubhouse
Present: Bob Foster, Carolyn Hail, Chris Aromandi and Jim Taylor.
Also present, Scott Straleau, Property Manager.
Treasurers Report: Jim Taylor reported on the financials. The Association is down to 5
foreclosures.
Minutes for the last meeting was sent to the Board via e-mail, motion to waive the
reading of the minutes, seconded, all in favor, none opposed.
Floor opened for comments on Agenda items. No one addressed the Board, the floor was
closed.
Managers Report:
1. Tree trimming is complete, removal of problem trees has been done and stump
grinding is completed. The seasonal flowers will be planted and mulching will
follow.
2. Sidewalk cleaning will follow the planting and mulch. The price is expected to be
the same as last year. Must be completed by November 21.
3. Mgmt. attended a symposium presented by LWDD regarding the drainage
system and storms. Detailed information provided on flooding in the
communities which worked as designed. The street is designed to flood, but not
the houses. Water in the garages is not considered flooding. It is all based on
the amounts of rain that falls in a certain period of time. LWDD will be invited to
attend a future meeting.
4. Bob Foster and Mgmt. will be attending mediation regarding a truck dispute on
Monday November 5.
5. True Lines will start asphalt repairs November 5 t4 and complete by the 9 tt '.
6. The Fining Committee met and determined the Fining for violations. Minutes
were provided. Mgmt. has sent notification to homeowners with Committee
recommendations, some given extensions. Letters sent October 23, 2012.
7. Letter from 190 Temple regarding tree roots. The owners requested
an Arborlst check the trees. Association is hiring an Arborist. Update will be
provided at future meeting.
7. Additional violation letter sent via Certified Mail for roof cleaning at 213 Disc
Drive. .
(1)
10. Shoreline Restoration has been completed of the Executive Circle lake
project. Results are favorable. Ramp built for Aquatic System boats.
11. Once in tropical storm warning, the pool furniture will be moved to inside
clubhouse. The irrigation and pool pumps and equipment will be shut down.
Streets patrolled, garbage and drain covers will be cleared.
12. Motion to ratify moving a fence and replacing a roof, ACC Committee
has approved, motion to ratify Committees decision, seconded,
none opposed, all In favor.
13. Payment will be received for 154 Orange Drive lawsuit.
Officers Reports:
Vice President Report; None
Secretary Report. None
President Report; the conversion to the new code was successful. Bob Moreno was
thanked for his work.
Committee Reports:
A & E Committee: 104 Executive Circle painted without approval. Letter will be sent.
Landscape Committee: Flowers at front sign will be replaced due to Gumbo Limbo above
them had White Fly. We had exterminator treat the tree. Beach Sunflowers will be replaced
that were killed by White Fly, New Guinea Impatiens will be planted as seasonal flowers.
Documents Committee: New Docs were on Web -site. No comments were received,
sending to the attorney.
Technology Committee: The gate has not needed to be repaired recently.
Old Business:
Open Board position will be left open until Annual Meeting.
Board nominating Committee has yielded only one result. No nominating committee will be
formed due to lack of volunteers.
City of Boynton Beach Traffic Enforcement Agreement has been executed, official motion
needed to accept agreement from the Board for the City. Motion made, seconded, all in
favor, none opposed.
New Business:
Garage Sale scheduled for November 17, 2012, Saturday from 7:00 A.M. to 12:00 noon.
Motion made, seconded, voted 3 to 1. Motion passed. The designated organizer will
pull permits.
The 2013 Proposed Budget was presented by Jim Taylor and Bob Foster. Many questions
were presented and answered. It was also discussed that the New Budget included
moving forward with the Envera Virtual Gate Guard System. Motion made to approve the
budget as presented at $182.00 per month, seconded, voted 3 to 1. Motion passed.
Motion made to adjourn the meeting
Meeting was adjourned without objection at 8:35 PM
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