R91-132RESOLUTION NO. R91-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CiTY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CERTAIN
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND BOYNTON LAKES HOMEOWNERS
ASSOCIATION NO. 3~ INC., FOR THE
PURPOSE OF EXERCISING JURISDICTION FOR
TRAFFIC REGULATION OVER ANY PRIVATE OR
LIMITED ACCESS ROAD OR ROADS OWNED OR
MAINTAINED BY SAID ASSOCIATION; A COPY
OF SA~D AGREEMENT BEING ATTACHED HERETO
AS EXHIBIT""A; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
)F THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The Mayor and City Clerk are hereby
~uthorized and directed to execute a certain Agreement
)etween the City of Boynton Beach, Florida and Boynton Lakes
{omeowners Association No. 3, Inc., for the purpose of
~xercising jurisdiction for traffic regulation over any
)rivate or limited access road or roads owned or maintained
said Association, pursuant to Section 316.006(b)~ Florida
~tatutes, said Agreement being attached hereto as Exhibit
Section 2. This Resolution
.mmediately upon passage.
shall take effect
PASSED AND ADOPTED this ~ day of August, 1991~
,TTEST:
CITY OF BOYNTON BEACH, FLORIDA
~yor
Co~issioner
Comm~
[~borate sea~) ~
AGREEMENT
THIS AGREEMENT between the CITY OF BOYNTON BEACH,. FLORIDA, a
municipal corporation organized and existing under the laws of
the State of Florida, hereinafter called "CITY", and
Bo?nton Lakes Homeowners' Association. No. 3, Inc.
(a condominium, homeowner .association or owner of private
property, as described in .th~ legal description attached hereto
as. Exhibit "A"), hereinafter called "OWNER".
WHEREAS, CITY, through its Police Department, and all other
duly appointed officers, employees, and agents, 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
agree,
OWNER specifically recognizes the above; and
OWNER wishes to have CITY exercise jurisdiction.for
limited access
is described in
WHEREAS,
WHEREAS,
traffic regulation purposes over any private or
'road or roads owned or maintained by OWNER, which
attached Exhibit "A", pursuant to F.S. 316.006(b);
WITNES SETH:
NOW, THEREFORE, for and in consideration of the mutual
covenants and undertakings of the parties hereto, and other good
and valuabls considerations, the parties hereto covenant and
each with the other as follows:
1. That the foregoing "WHEREAs" clauses are _ hereby
ratified and confirmed as being true and correct.
2. That OWNER hereby recognizes the jurisdiction of CITY
Over any private or limited access road or roads within the
property described on Exhibit "A" attached hereto, for traffic
control purposes.
3. That CITY hereby agrees to exercise jurisdiction for
traffic control purposes oye= any private or limited access road
or roads within the property described in attached Exhibit "A".
4. That OWNER agrees, at its own expense, to pay all costs
necessary for signage and markings as prescribed by the CITY as
necessary for traffic control purposes.
5. That OWNER agrees to hold harmless,
defend CITY and its agents from
judgments
indemnify
any and all suits, claims,
under this
and
or
of any kind brought against CITY or its agents arising
Agreement.
6. That OWNER agrees to name CITY as an additional insured
under its general liability policy for all actions arising out of
this Agreement.
7. That OWNER and CITY agree that at this time, it is
impracticable to determine.~ny other costs except for those above
stated for traffic control and enforcement purposes. However, if
additional costs for traffic control purposes, as provided in
this Agreement, are determined, OWNER agrees to pay same.
8.
patrol 'on
That although.'OWNER recognizes the authority of CITY to
private property to enforce all laws of the nation,
state· county, and city upon OWNER,s property other than for
traffic control purposes, same is done pursuant to law and not
through this or any other agreement.
9. That either party may terminate this Agreement upon
sixty (60) days notice by notifying the opposite party in writing
of its intention to do same.
IN WITNESS WHEREOF, CITY and OWNER have executed by their
duly authorized officers:, this day of , 1991.
CITS~OF BOYNTON BEACH
ATTEST:
BY:
Mayor Arline Weiner
City Clerk
James A. Cherof
City Attorney
J. Scott Miller, City Manager
FOR PROPERTY OWNER:
ATTEST:
BY:
STATE OF FLORIDA )
)SS:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day before me, an officer
duly qualified to take acknowledgements, personally appeared
Irene Fenster · as President ....
· of the Boynnon LaKes M~. m~. 3, Inc.
to me known to be the person described in and who executed the
foregoing instrument, and ghe acknowledged before me that 3he
executed the same.
3
WITNESS my hand and official seal-in the County and State
last aforesaid this .~ day of -.-. ~uc~/ ,, 1991.
Notary~.~ublic ~_~
My Commission Expires:
Notary Public, State of Florida at Large
My Commission Expires Jan. 31, 1993
Bond.ed thru Agent's Notary Brokerage,
MSK/ras
Police.Agr
4
THIS EXH. IBIT, attached hereto and made a part hereof that
certain Agreement between the City of Boynton Beach, Florida,
"CITY", and Boynton Lakes Homeowners Association No. 3, Inc.
The roads and streets depicted on
hereby incorporated into this Agreement,
Owner:
the following plats are
as being the property of
2.
3.
4.
Boynton Lakes Plat No. 35 as recorded in the public records
of Palm Beach County, Florida in plat book 50, page 12I.
Boynton Lakes Plat No. 3-A, as recorded in the public records
of Palm Beach County, Florida in plat book 52, page 103.
Boynton Lakes Plat No. 3-B, as recorded in the public records
of Palm Beach County', Florida in plat book 53, page 56.
Boynton Lakes Plat No. 3-C, as recorded in the public records
of Palm Beach County, Florida in plat book 54, page 121.
Copies of these plats are attached hereto for reference.
.I