R18-066RESOLUTION R18 -066
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR TO SIGN AN
AGREEMENT FOR TRAFFIC ENFORCEMENT
BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA AND NAUTICA SOUND HOMEOWNERS
ASSOCIATION, INC., AND PROVIDING AN
EFFECTIVE DATE.
13
141
15
16
17
18
191
20
21
23
24
25
26
27
G8
29
WHEREAS, Nautica Sound 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(1)(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 to sign the Agreement for Traffic Enforcement between
the City of Boynton Beach, Florida and Nautica Sound Homeowners Association, Inc., a copy
of which is attached hereto as Exhibit "A ".
C: \Users \StanzionellAppData \Local \Microsoft \Windows \Temporary Intemet
Piles \Content.) F,5ITQFS %5 NC \Nautica_ Sound _Traffic_Enforcement_- _Reso.doc
I
301
31z
1
1
z
321
} 7
31
3
36
I
37
r
38 r
9
401
`i 1
4
4
44
f:t 5
46
.4
48
4
5r
51
55
56
5'/
58
59
60
61
62
Section 3. This Resolution will become effective immediately upon
passage.
PASSED AND ADOPTED this ls day of May 2018.
CITY OF BOYNTON BEACH, FLORIDA
YES INTO
Mayor -. Steven B. Grant
Vice Mayor - Christina L. Romelus
Commissioner - Mack McCray
Commissioner - Justin Katz
Commissioner - Joe Casello ". g
VOTE
JUdiflp A. Pyle, CMC
t "Ify ' erl
(Corporate Seal)
1`� .
,„
OR
C: \Users \StanzioneT\AppData\ Local \Microsoft \Windows\Temporary Interne:
Files\ Content. IE5\ TQFSZ5NC\ Nautica _Sound_Traffic_Enforcement _ - Reso.doc
2
AGREEMENT
THIS AGREEMENT is entered into, this day of 2018, by and
between: x y m ,
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
NAUTICA SOUND, ( "Development "), having a business address
of Nautica Sound Homeowners Association, Inc., 7000
Chesapeake Circle, Boynton Beach, FL 33435, 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.
3 + 1.:. C+t +:� 1 t. 1 +kay n 7 a 1� , 1,1 �. to« +; on +L,- ,. +; , 1� +
iA11VC1 La1,L1kgS X71. Lhe par ies ereto, C�.nd otile good and i'�al !e con side ati .1.� �i U.a Li liJ 13vi VLC
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 snap 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.
/ Users / }oseph/ Library/ Containers /com.apple.mail /Data /Library /Mail Down loads/ IB7837A6- 3COE -48D4- 13554- BF.50CD229BC2 /Nau:ica TEA
(2018).doc
Page I
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
sham not insiail any Traffic calming crevices oil or adoiig its lii ivate or iin2iicu act ess roads during
the term of this Agreement without the express written consent of the City of Boynton Beach
Public Works Department.
53.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
/ Users /Joseph/ Library / Containers /com.apple.mail /Data/Library/Mail Downloads /l B7837A6- 3COE -48D4- 8554- BE50CD229BC2/Nautica TEA
(2018).doc
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: Boynton Beach 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 Gulfstream Services Management
1500 Gateway Blvd., Ste. 220
Boynton Beach, FL 33426
Telephone No. (561) 733 -5550
Facsimile No. (561) 423 -3143
Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after
/ Users /Joseph/ Library/ Containers /com.apple.mail /Data /Library/Mail Downloads/ 1B7837A6- 3COE- 48D4- B554- BE50CD229BC2/Nautica TEA
(2018).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 1e-day of 1901 , 2018.
CITY OF BO
-) BE
BY: E
ATTEST: ( en B. Grant, Mayor
w ..,
BY: /at- (IL-46-
-
Jud1 A. Pyle, CMC, Clerk K•
APPROVED A .TO F!2 RM: �' u' L)
BY: .
OF"CE OF :` CITY ATTORNEY
/Users/joseph/Library/Containers/com.apple.mail/Data/Library/Mail Downloads/1B7837A6-3C0E-48D4-8554-BE50CD229BC2/Nautica TEA
(2018).doc
Page 4
NAUTICA SOUND HOMEOWNERS
ASSOCIATION, INC.
BY 21 /)�
oseph Montes, Pres ent
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared, Joseph Montes, as President of Nautica Sound Homeowners Association,
Inc., on behalf of and duly authorized to execute the same, and acknowled ted the
t e d
foregoing Agreement for the use and p mentioned in it, and who i ersonally knownto
me or has produced as identification.
a—�
/ Users /Joseph/ Library /Containers /com.apple.mail /Data /Library /Mail Downloads/ 1B7837A6- 3COE- 48D4- B554- BE50CD229BC2/Nautica TEA
(2018).doc
Page 5
EXHIBIT "A"
DIAGRAM AND DESCRIPTION OF ASSOCIATION PROPERTY
CONTAINING THE SUBJECT PRIVATE ROADS
/Users /Joseph/ Library /Containers /com.apple.mail /Data /Library /Mail Downloads/ 1B7837A6- 3COE- 48D4- B554- BE50CD229BC2 /Nautica TEA
(2018).doc
Page 6
9 s I I
ASSOCIATION'S AUTHORIZATION TO ENTER
INTO THIS AGREEMENT
/ Users /Joseph /Library/ Containers /com.apple.mail /Data /Library/Mail Downloads /1 B7837A6- 3COE- 48D4- B554- BE50CD229BC2 /Nautica TEA
(2018).doc
Page 7
NAUTICA SOUND HOMEOWNERS ASSOCIATION
ORGANIZATIONAL MEETING MINUTES
DECEMBER 18, 2018
1. CALL TO ORDER at 8:14 P.M.
2. ROLL CALL: Hector Garcia, Jospeh Montes, Anthony Spilabotte, Maurice Stewart,
Rene Milici and Jason Weeks of Gulfstream Management.
3. Officer Nominations:
a. MOTION by Jospeh to be President, 2nd by Rene. Vote 2 -2 - Hector Garcia
voted in favor of Jospeh Montes. 3 -2
b. MOTION by Maurice to be President, 2nd by Anthony. Vote 2 -2
c. Joseph Montes nominated as President.
d. MOTION by Joe, 2nd by Rene for Anthony Spilabotte to be Vice President. Vote
3 -1.
e. Anthony Spilabotte nominated as Vice President
f. MOTION by Maurice to be Treasure no second
g. MOTION by Hector to be Treasure, 2nd by Joe. Vote 3 -1
h. Hector Garcia nominated as Treasure
i. MOTION by Rene to be Secretary, 2nd by Anthony. Vote 4 -0.
j. Rene Milici nominated as Secretary.
k. Maurice Stewart Board Member
President - Jospeh Montes
Vice President - Anthony Spilabotte
Treasure - Hector Garcia
Secretary - Rene Milici
Board Member - Maurice Stewart
MEETING ADJOURNED AT 8:18 P.M.