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R16-029 1 RESOLUTION R16 -029 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING AND DIRECTING THE MAYOR 7 AND INTERIM CITY CLERK TO SIGN AN AGREEMENT FOR TRAFFIC ENFORCEMENT BETWEEN THE CITY OF BOYNTON BEACH, 11 FLORIDA AND COASTAL BAY HOMEOWNERS 11 ASSOCIATION, INC.; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, Coastal Bay Homeowners Association, Inc., (hereinafter referred to as 15 "Association ") owns or controls certain private roads lying and being in the City of Boynton 15 Beach, Florida; and 17 WHEREAS, Association does not have the power to enact or enforce traffic laws 1s within the Association, nor can it hire others with police power to do so; and 13 WHEREAS, pursuant to Chapter 316.006(1)(b), Florida Statutes, the Association 2 hereby grants to the City of Boynton Beach, municipal traffic control jurisdiction over all 21 those certain private roads in said Association. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF 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 25 hereof 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 2S hereby authorize and direct the Mayor and Interim City Clerk to sign the Agreement for 29 Traffic Enforcement between the City of Boynton Beach, Florida and Coastal Bay 30 Homeowners Association, Inc., a copy of which is attached hereto as Exhibit "A ". S: \CC \WP \Resolutions\2016 \R16 -029 - Coastal _Bay_Traffic_Enforcement.doc 1 Section 3. This Resolution will become effective immediately upon 2 passage. 3 PASSED AND ADOPTED this 16th day of February, 2016. t 5 CITY OF BOYNTON BEACH, FLORIDA 5 7 YES NO 3 9 Mayor — Jerry Taylor 1) 11 Vice Mayor — Joe Casello 12 13 Commissioner — David T. Merker 14 15 Commissioner — Mack McCray 15 17 Commissioner — Michael M. Fitzpatrick 13 la ` 2) VOTE 21 22 ATTEST: 23 24 25 25 J 44Z - 72 / A. Pyle, CMC 27 it terim City Clerk 23 2� 31 (Corporate Seal) , 3 2• r 33 W,1 3 S: \CC \WF\Resolutions\2016\R16 -029 - Coastal _Bay_Traffic_Enforcement.doc 2 AGREEMENT THIS AGREEMENT is entered into, this day of , 2016, 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 COASTAL BAY HOMEOWNERS ASSOCIATION, INC, ( "Development "), having a business address of c/o Phoenix Management, 6131 Lake Worth Road, Suite B, Greenacres, FL 33463, 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: LO 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. S: \CMAGMTS\Traffic EnforceirenttCoastal Bay TEA (2016).doc Page l 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.l.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.I.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, 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. 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. The Association agrees to name "City of SACA \AGMTS \Traffic Enforcement \Coastal Bay TEA (2016).doe Page 2 Boynton Beach, 100 E. Boynton Blvd., 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. 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, 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: Jeffrey Katz, Chief of Police City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Telephone No. (5 61) 742 -6100 Facsimile No. (561) 742 -6185 To ASSOCIATION: Coastal Bay Homeowners Association, Inc. c/o Phoenix Management 6131 Lake Worth Road, Ste. B Greenacres, FL 33463 Telephone No. (561) 964 -1550 Facsimile No. (561) Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after SACA \AGMTS \Traffic Enforcement \Coastal Bay TEA (2016).doc Page 3 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. 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 day of , 2016. ATTEST: CITY OF BOYNTON BEACH BY: M AYOR BY w m: 'CITY CLERK APPROVED AS TO FORM: d� BY OFFICE OFT E ITr*TORNEY S:\CAIAGMTSUraffic Enforcement \Coastal Bay TEA (2016).doc Page 4 COASTAL BAY HOMEOWNERS ASSOCIATION, INC. BY: Peter Jannis, esident STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE :VIE, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared, Peter Jannis, as President of COASTAL BAY HOMEOWNERS ASSOCIATION, INC., 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 identification. IN WITNESS OF THE FOREGOING, the State and County aforesaid on this day of FAL 2UG :ofFlorlda Notary Public - State `4+ == Commission F1 My Comm. Expires M019 Bonded through aAssn. I have set my hand and official seal at in 2016. NOTARY PUL� , My Commission E pires: " g, g 12 $ S: \CA \AGMTS \Traffic Enforcement \Coastal Bay TEA (2016).doc Page 5 1 * 111 . DIAGRAM AND DESCRIPTION OF ASSOCIATION PROPERTY CONTAINING THE SUBJECT PRIVATE ROADS SXAIAGMTS \Traffic Enforcement\Coastal Bay TEA (2016).doc Page 6 G s 2505 S Federal Hwy ri AVC rti:.. i:�'29:lA:,•e _''.3r -J Ave iL'ei :.;.e . ^trd Ave SE 23m A: = d Ave 3E _urc Ae^ Sr.:3 =a nve SC i �YSI 'My h. 1 I P 6zss asebmm wed Map data ©2016 Google 50 ft 4 2505 S Federal Hwy Boynton Beach, FL 33435 EXHIBIT "B" ASSOCIATION'S AUTHORIZATION TO ENTER INTO THIS AGREEMENT SXA\AGMTS \Traffic Enforcement \Coastal Bay TEA (2016).doc Page 7 COASTAL BAY HOMEOWNERS ASSOCATION, INC. RESOLUTION AUTHORIZING COASTAL BAY HOA's PRESIDENT TO EXECUTE AGREEMENT FOR TRAFFIC ENFORCEMENT It is hereby resolved that the Board of Coastal Bay H.O.A. after due consideration by Board members Peter Jannis and Dawn Marshall hereby agreed" to grant authority to Peter Jannis to execute the Agreement for Traffic Enforcement with the Police Department of the City of Boynton Beach, Florida, on behalf of Coastal Bay H.O.A. Resolved and completed on this 3rd day of February, 2016. Peter Jannis 1 Board Member Julius Lee was unable to be in attendance. A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MNUDDIYYYY) 2/12/2016 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 policy(ies) must 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 The Fairway Insurance Group, LLC 5461 North Federal Highway g Y Fort La uderdale FL 33308 CONTACT Annette Griffin NAME: PH O No. Ex t) (954)772-9819 A/C No; (954)772 - 9564 E-MAIL ADDRESS: Annetteg @tfigins.com INSURERS AFFORDING COVERAGE NAIC # INSURERAArch Specialty Insurance Co. LIMITS INSURED Coastal Bay Homeowners Association Inc C/o Phoenix Management 6131 -B Lake Worth Road Green Acres FL 33463 INSURERB:Federal Insurance Compan COMMERCIAL GENERAL LIABILITY INSURERC:Continental Casualty Co INSURER 0: INSURER E EACH OCCURRENCE INSURER F: A COVERAGES CERTIFICATE NUMBER:15 - 16 COI 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. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EX P MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE ❑X OCCUR PREMIS ES (E. occurrence) $ 100,000 M ED EXP (Any one person) $ 10,000 X AGL0010130 -01 3/18/2015 3/18/2016 PERSONAL 8ADVINJURY $ 1,000,000 LIMIT APPLIES PER: GENERAL AGGREGATE $ - 2,000,000 PRODUCTS - COMP /OPAGG $ 1,000,000 _GEN'LAGGREGATE X POLICY F PRO ❑ LOC JECT S OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ 0 Products Completed Operation $ 5,000,000 79938922 -69771 3/18/2015 3/18/2016 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER /EXECUTIVE STATUTE I ER E.L. EACH ACCIDENT $ E . D ISEASE - EA EMPLOYE $ OFFICER /MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E . DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below I I C Directors & Officers Liab 0251146942 3/18/2015 3/18/2016 Aggregate Limit of Liability $1,000,000 C I Fidelity Crime 0251146990 3/18/2015 3/18/2016 Emp!oyeeTheft $250,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate is suject to policy forms & endorsements. This Certificate of Liability covers the Club House & Common Areas located at: 2505 Coastal Bay Blvd., Boynton Beach, FL 33435. The City of Boynton Beach is listed as Additional Insured with respect to General Liability, GtK I II-IGA It HULUtK %IAPIUML -LA I IUIV City of Boynton Beach 100 East Boynton Beach Blvd, Boynton Beach, FL 33425 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Edward Brown /AG ACORD 25 (2014/01) INS025 (xur t (V I Vt$U -Z 4 AL L)KU UUKYUKA I IUIV. All 1"191­115 rU5UFVeU. The ACORD name and logo are registered marks of ACORD